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12/17/2014 AGENDA
CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360)473-5280 DECEMBER 17, 2014 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00—5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. BPD BRIEFING — City of Bremerton Police Chief Steve Strachan 5. PUBLIC RECOGNITION 6. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting — December 3, 2014 C. Minutes of Study Session — December 10, 2014 D. Confirm Appointment of Richard Nerf to the Planning Commission E. Confirm Reappointment of Mike Strube to the Planning Commission F. Confirm Reappointment of Dennis Treger, CPA to the Audit Committee G. Acceptance of Interagency Agreement(IAA15190) "Interpreter Grant" H. Acceptance of State of Washington "Office of Public Defense Grant" I. Renewal of Professional Services Agreement with Kitsap Community Resources (KCR) J. Renewal of Property Insurance bound with American Home Assurance Company for 2015 K. Ordinance No. 5267 adopting 2014 City of Bremerton Budget Amendments L. Stormwater Interlocal Agreement with the Port of Bremerton M. Additional Rate Advancement for Tom Knuckey, City Engineer N. Real Property Lease Agreement with United States of America for Historic Building 50 (Puget Sound Navy Museum) 7. PUBLIC HEARING A. Ordinance No. 5268 adopting the 2014 Wastewater Comprehensive Plan Update 8. GENERAL BUSINESS A. N.A.D. Cabin Restoration Lease Agreement with N.A.D. Guardhouse Cabin Foundation 9. COUNCIL MEMBER REPORTS 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING 11. EXEMPT CLOSED SESSION A. To discuss "Labor Negotiations or Proceedings" under RCW 42.30.140 (4)(b) The next Council Meeting will be held on Wednesday, January 7, 2015... ® Americans with Disabilities Act(ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at(360) 473-5323 at least 24 hours prior to the Meeting. BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO COMMENT SO YOUR NAME CAN BE INCLUDED IN THE RECORD F�) V- j (A) V�7(_EM I k) ti � F t'7 u,r W 1 e St 1� b R "T A) REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU ' l THANK YOUnwaCITY OF BREMERTON for your support of the Youth Wellness Campus and our partners. We are deeply grateful for your commitment to our youth and their health, wellness and success! wellness care us youth � advancing education. nutrition and overall health through collaborative partnerships . cCost Dente', Hca 41, BOYS &GMLS CLUBS For Children OF SOUTH PUGET SOUND eS"�N01x9"u 5T" ANNUAL - 2014 .......... NEIGHBORHOOD IMPROVEMENT AWARDS ALFONSO BATISTA & ANNA FERN 1544 IAVENUE 42, til r���✓, - ^ST dw, � t 4�?yw♦ i�.� A � - -_ - - —� �'�l�i? •`-����IF��e :�' - :4�` • - f l�. ��IF:i���� �c�' - .,- frig�aaa,�.,._..��' (� $� -�-�vt_ti r..f=�'�w.,r•�v.�ri-' f,• � .++�-�--�.-r.... c. -.r.r..v•. � - � ]Y N�'1 141- - _ ^bra '.1• �-�r�;� 1: r: .� � Y}7Y,�'t�'b.��'�'r���•J�1'� 4\4.•�l'Ir•'.• �'� '°r. '. :ih�'�,ri,•v ;a�Y, �'„'-i,..Fl. ' '�'#::.�1".'>h.._:i.�ra%:H. 4i� ,+i:,•;�-= .,j f5�r`•"-.-<..• ..r•1�•e: ,..1.'�:.�:.p��:��.�,,i..�:1•; ',,• '• ' ,•p- a �•r'tC.q 1.� ...,+�..-,: - _ I.' 31'i'.,Y• ::>.�! �.Ci9•. ':j• �r� [ �y-e'S Vit.•' �__ o'Ja.M- _ .. - r.,•. a .. ,'ah-�l �, 'r-� :��;,^'�'-,�«c`.^.io-�i .r'• _.. '•i. «.• �.. ti:-.:_`,1++. - :r rive .. -g:. _ ? �7.. _ _..,;. ,r `�..�.Ka�-�.• ;�a: .`i,�,:.:z'''_rv'•'�'-f�^r'I v In r� � I - - - T uj LQ z oc V/ CO co O 1 4 i i � } L LLJ LU Lu ZLn �- {{ Q �-,06 cn l ti Ln ui - l � l 7 r i 1 i 1 WILLIAM HOUSTON 323 OLYMPIC AVENUE r� t r F �C I \``--,,'' f\ l �� t�..y aw .. /�t;r fid' �• �.;..�1^Ji • "r.},..;...r;,lam- �p, ..- a�' _ LEONARD & JOYCE JAMES 900 N. MONTGOMERY AVENUE � �.r- !1�.�.,. Js.., �' ;�'`~ t n�iTit�i^� rr R.r d: 52,��t,•`�: ,`�"`"�•-5�,i'. �v. a' ^�' ijt�•.,��t��Y _►9a,�t��rYr' t�,t� "�� t� •air;: 1� ; �.. !•44'1`qr 1 �`' � . . ; ,a �j,.�\ �1�•;�I���` �1�' 'I�rTii✓�- ' �� i� ti rs.y+ . W-:7 z�.•++�'�'`s`'s¢h•l��ss}j�"�` +. ,t'; u �.'e .l r f �.�.f5 � ,�'F-,�: ✓l + .�y r ,c.• t'I c�Lty�- � �� � {I I r�rtt`(t +.L �[,}�: 10. J 1 :rRf i f., i � yr�� ! -•�5/ x�.� �r17�.§ "� t`t: . x- I �k r— .......... M `1n• �Y h�'�r t'L f),'r' _ - A L.' V r\ t t e r�fii-i`�:. *4 . 5 f) \- Ey f r� � r `-,t .r s r ti. ?( R• L �\�t r _.k Jl� — ' .41 C• 1• (,v e. {i y ( ���!� r Lt' i{'.� P 1 '� t',�• Z rZ ,y:' 1t•�+`� . - ' _. i• t 4;q��f��: r7* L,� r �-,tri,It 11j1' . _ �a•.:n4 ��:a.` a ;y ]� 4=5`t 3`11j4,� •�iS,... �!�'d qtr ti `�4 7 ��. 1 A t ♦. --c t l v 1 � �r �� r-, r/• '!p+'�k,�o- � s .... :'r� � •It�� i�. ,` .t, n �,� ,��t .4 F! „r,�l :� I T,� �a. -- crt -♦ a 77c - tr �� r / ;tr f.... •rprt'�.�� cYaA63'+�f' t...•cu- GARRETT & AMANDA JUSTICE r . 707 PENNSYLVANIA AVENUE i I I CT DCLQ LLJ fi.. Lu O4( :' uj JA 4 �� _ yr �>F�.�'rF,F � A �1'r ��a• �'��Lr� ��gid•' ,�`> 'e-� .r ., WI LL �, -- � � �� - ��. �• IIID •s• + 1 •/,� 1l 3�� t s/.1Vn�O �'•w � I . 1.,� � lj �' •�� �jam„"_ ��� ii Lu �.,� Try 't AI �Z'f* ,�• �••I •� t=� � �' � �.� �' - d:i. W � ��9G • -;� �'�Vii, �',/ �+ T L�. �� •y_ { j 06 LQ - A to 5 A t- O 'os .r ''�... •�- a��j��s�Fr ?C._1w.�t.- .. :s• �`_ •;- .�,i. F TR WM 61 �J ��.� �1 ,4E'� �'.��', ■ ''I• I X+ r`��''�!�14��r /.1Y_J � � t ' �' .� ` �1y . O ` � 1 •�; .�F 3 a r _ �, � �'S. �y_,'." ��l'/,.�.�r' ��,~ •fir( 1 .'i E,'�wt y ;�: ,.'.) ��• `�• .yam - Bremerton Splash • i L'rWilYiliW 40th Anniversary Safe Drinking Water Act December 16 marks the 40th anniversary of the passage of the Safe Drinking Water Act. The Safe Drinking Water Act is a federal law that went into effect in 1974 to set health-based water standards and oversee drinking water suppliers. Amendments to the Act increased the effectiveness and protection of drinking water and drinking water sources. Water utilities work diligently to safeguard the quality of drinking water in the United States. Bremerton is proud to provide our customers high quality drinking water in compliance with the Safe Drinking Water Act. For more information on Bremerton's water, visit BremertonWA.gov/drinkingwaterreport For more information about the Safe Drinking Water Act, visit www2.epa.gov/safedrinking ater40 Bremerton • . bringing you timely information on - • G05C W L1J LL COW-, CL tL ! Lh 0 f e � 1 zAMC , I■■■ Co elf � _ 0Iz r f r -u .4 m _ m 2 u �` M Lid 11.1 W z .z Cl) C14 0 0 0 ( r-- v— m a 1113NVA C Vt. =tea t +r-. tom; .�►�`� �,�•e _ � � � i ' k3 UojLVWAllZCIO U1,0,11 JJd !i pP COU I; yr K r G 7 v v or�s W,ggMIN6TpN �x t Recycle your holiday tree! Give your tree a new life by recycling it. Trees are chipped into mulch or compost, which can be returned to the earth as a soil amendment. The countywide tree-cycling program begins December 26 to January 15. Residents are reminded to remove all nails, wire, tinsel, lights, and ornaments before recycling their tree. Flocked trees cannot be accepted because they are potentially harmful to the environment and should be disposed as garbage. Also, please do not bring wreaths or garland. Recycle your tree in the City at the following locations: City of Bremerton Public Works Department 100 Oyster Bay Avenue N (West Bremerton) (360) 473-5920 Daily, 7:30 AM to 4:00 PM City of Bremerton Water Utility Building 3027 Olympus Drive (East Bremerton) (360) 473-5315 Daily, 7:30 AM to 4:00 PM Forest Ridge Park Stewardship Days .�n Interested in k helping • update beautify the 27-acre park? Y; Tasks • - !' trail maintenance wee' • • • posting • • • • • restroom facility updates, • more RD 3 SATURDAY OF EVERY MONTH A ADDRESS 110 Summit Avenue FOREST RIDGE PARK 'remerton STEWARDSHIP DAYS . Nmber DATES Sept „ - A group of community volunteers, in collaboration.with the City of October 1: 11 am Bremerton, have taken on creating a Forest Ridge Park StewardshipNovember • 11 am Group that will prioritize projects and carryout park beautification tasks December 21 11 . on a monthly basis. The group is requesting donations from local January 17, 11 am businesses for project supplies and will provide coffee and pastries on February11 am work days. March 21, • 11 . All are welcome to participate! • • 11 am May 16, • 11 . Find us on 111 Facebook • --� -= am 11 . www.facebook.com/ForestRidgePark August 1S, • 11 am Enjoy LIVE m or r�� may'• �Qr , _ 0 'i l+•,x,11} v. 5 r: lli4 t 1' � � y��o l ���� Saturday,, December 27, 2014 ( Every 4t" Saturday ) - 10@000 AM Meet up at the dock Point of Contact: Rick at (360) 373-0282 r- LIONS PARK - ADOPT-A ISEACH PROGRAM Lions Park was given on environmentally friendly makover in 2010&2011. The 1/3 mile long park beach was planted with 50+trees,250 grasses and approximately 1,200 shrubs. With limited funding for maintenance and weed killers being banned along the waterfront,the beach became overgrown with noxious weeds.Occasional summer weedings helped but did not prevent the weeds from multiplying.Thus Adopt A Beach was born. If many volunteers could each maintain a small beach lot throughout the year,the weed war could be won. Many hands make fight workf AGENDA BILL CITY OF BREMERTON & A CITY COUNCIL ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■u■■■■■■■■■■■e■■■■■■■■■■■■■■I SUBJECT: Claims & Check Register Study Session Date: N/A COUNCIL MEETING Date: December 17, 2014 Department: Financial Services Presenter: Shannon Corin Phone: 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1) Check#'s 361382 through 361603 and EFT's 14427 through 14464 in the amount of $2,045,654.76. 2) Regular Payroll for the pay period ending November 30, 2014 in the amount of$714,584.45. ATTACHMENTS: None FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: N Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■�����0n0M00MMm0E00EEMff00000000M0MMMMN00000NNwM0000aE0aw5N0Nwaffw0000Ew00E0E0E00E000EEEa SUBJECT: Minutes of Meeting — Study Session Date: N/A December 3, 2014 COUNCIL MEETING Date: December 17, 2014 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting on December 3, 2014. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: Nx No Presentation ❑ Full Presentation STUDY SESSION ACTION: N Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, December 3, 2014 A weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, December 3, 2014, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Mike Sullivan. Also present were City Attorney Roger Lubovich; City Clerk Shannon Corin; Legislative Assistant Lori Smith; and Kevin Matthew, Information Services Manager. A COUNCIL BRIEFING was held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Mike Sullivan followed by the invocation provided by Associate Pastor Russ Reuther of Sylvan Way Baptist Church. MAYOR'S REPORT— Mayor Patty Lent... • Reported on the free 9-week job and skills training course offered by Goodwill in "Retail and Customer Service" from January 5 to March 5; • Announced that the Christmas Ships will be in Bremerton on Friday, December 19 and Saturday, December 20; • Received an early Christmas gift with her son's recent return after a 6-month deployment; and • Introduced Arne Bakker, General Manager for the Kitsap Conference Center, who provided a report on Marketing and Operations. PUBLIC RECOGNITION Mike Walton, Community Marketing Director with the Kitsap Family YMCA, reported that the pool is now reopened and other activities and events taking place at the "Y" this month and in January. Chris Kroneberaer stated that he would like to see bow hunting legalized in the City limits Vern LaPratt provided an update on the speeding problem on Hanford Avenue, and indicated that 100% of the residents would support speed bumps on the street. John Hanson, Executive Director for Bremerton Historic Ships Association, presented several marketing strategies currently taking place for the USS Turner Joy, and was pleased to announce the receipt of Trip Advisor's "Tour of Excellence Award". Anthony Diorio expressed concern that people have been seen at City parks after hours, and questioned why the bathroom doors were not locked. Jeff Elevado from the City Parks & Recreation Department confirmed the doors are to be locked and therefor will look into this particular incident. Robert Parker questioned the potential for inadvertent violations due to the recent passage of I-594. Sara Wolf Foss recently returned to Bremerton after living in Minnesota, and expressed her concern about what is going on with Harrison Hospital after the recent merger with CHI Franciscan Health; and also was concerned about difficulties experienced when trying to get her utilities initially set up. Taylor Niemy reported that he recently contacted the ACLU regarding the constitutionality of ordinances prohibiting panhandling, but was told it could take up to 8-weeks for a response. He was against any "bans" on panhandling, and instead encouraged the City to help the poor, and to consider "Tiny Houses" for housing the homeless. City Council Meeting.Minutes Wednesday, December 3, 2014 Page 2 of 3 Jane Rebelowski submitted a set of Police Reports for Council Member McDonald; and was concerned that her recent Public Records Request to inquire about any recent problems with panhandlers has not produced any responses. She does not believe the ordinance recently passed by the Council to prohibit panhandling was necessary, and would like to see it overturned. CONSENT AGENDA 5A— Claims & Check Register: Check Numbers 361239 through 361381, and EFT-14389 through EFT-14426 in the amount of$3,133,231.85; Regular Payroll (and Pay Out)for the pay period ending November 15, 2014 in the amount of$713,150.58; and Retiree Payroll for the pay period ending November 30, 2014 in the amount of$55,485.42. 56— Minutes of Budget Workshop— November 17, 2014 5C— Minutes of Meeting — November 19, 2014 There were no questions or comments from the public... 06:15:55 M/S/C/U (McDonald/Runyon) Move to approve the CONSENT AGENDA as presented. PUBLIC HEARING 6A— PUBLIC HEARING ON ORDINANCE NO. 5266 ADOPTING THE CITY OF BREMERTON FY- 2015 BUDGET: Cathy Johnson, Financial Services Director, stated that the proposed budget was presented to Council and the public on October 17, 2014. Three (3)workshops were held on November 6, 13, and 17; and a Public Hearing was held on Revenue Sources on November 19, 2014. The attached ordinance represents the final proposed 2015 Fiscal Budget. Highlighted were the removal of Police Body Cameras, the addition of two full-time firefighters to alleviate overtime expenses, additional help in the Parks Department, a videographer for BKAT, and maintaining the Internal Auditor. President Wheeler opened the public hearing...With no comments received, the hearing was closed to the public, and opened for discussion to the City Council... 06:19:45 Motion was made by Younger and seconded by Sullivan; Comments were provided by Younger, Daugs, Davis, Runyon, McDonald, Sullivan, and Wheeler...Appreciation was expressed to Mayor Lent, Finance Director Cathy Johnson, Assistant Finance Director Mike Riley, and Budget Analysis Caroline Tompson for all their efforts in presenting a balanced budget ... 06:32:29 M/S/C (Younger/Sullivan) Move to approve Ordinance No. 5266 of the City Council of the City of Bremerton, Washington, approving and adopting the budget for the City of Bremerton for the fiscal year 2015; and appropriating the amounts set forth in each fund in accordance with RCW 35.33.075. Voted in favor of Motion: McDonald, Davis, Runyon, Younger, Sullivan, Wheeler Voted opposed to Motion: Daugs Motion carried: 6-Yes; 1-No GENERAL BUSINESS 6A— PARTIALLY SELF-FUNDED MEDICAL INSURANCE PROGRAM: Charlotte Bellmore, Human Resources Manager, explained that due to the continuous rise in medical insurance costs and changes brought on b the Affordable Health Care Act the City's Insurance Benefits Committee 9 9 Y � Y made up of employees from each bargaining unit and management, began a year-long task of looking at alternatives to KPS while maintaining the same benefits. Working with our insurance brokers, the Benefits Committee came up with a plan to maintain the exact same services and coverage by changing to a partially self-funded plan. This means we will be in control of each aspect City Council Meeting Minutes Wednesday, December 3, 2014 Page 3 of 3 of our health care costs rather than paying KPS to manage them. The change to partially self- funded would take effect January 1, 2015. Blair Panzer, Senior Consultant Group Benefits and Ron Kirkpatrick, President/CEO of the Liberty Benefits Group also provided additional information. There were no questions or comments from the public... 06:37:31 Motion was made by Younger and seconded by Daugs; Questions and comments were provided by Runyon, Daugs; Davis, Younger, with responses provided by Ms. Be/more, Mr. Panzer, and Mr. Kirkpatrick... 06:50:10 M/S/C/U (Younger/Daugs) Move to authorize the Mayor to finalize and execute the contracts, in substantially the same form as presented with 1) Cypress Benefit Administrator, LLC 2) Envision Pharmaceutical Services LLC, and 3) Montgomery Management/Companion Life Insurance Company, and in the event a finalized agreement isn't reached with Montgomery Management/ Companion Life Insurance for Stop-loss Coverage, then with HCC Life Insurance Company, and further authorize the Mayor to execute extensions to agreements as presented therein. COUNCIL MEMBER REPORTS Mike Sullivan announced that Santa Claus will be at the East Bremerton Fred Meyer on Sunday, December 7 from 3:00 to 6:00 PM; and on Saturday, December 20 from 12:30 to 3:00 PM. Leslie Daugs encouraged the community to support the "Bremerton Backpack Brigade" by donating backpacks and other items for school age children. Jerry McDonald encouraged Christmas shoppers to visit the Uptown Mercantile and Marketplace, as well as the weekly Flea Market every Sunday from 10:00 AM to 4:00 PM; and reminded the public that First Friday Artwalk, Downtown WinterFest and Magic in Manette events are taking place this Friday from 5:00 to 8:00 PM. Dino Davis pointed out that along with food, warm clothes and personal hygiene items can also be donated to the Bremerton Food Line, as well as proceeds from the Fred Meyer Rewards Program and Amazon Smile Program. And volunteers are also always welcome! Greg Wheeler invited the community to "Caroling in the Park' on Tuesday, December 16 from 6:00 to 7:00 PM at Kiwanis Park. With no further business, President Wheeler adjourned the Council Meeting at 7:00 PM. Prepared and Submitted by: &-e4 L SMITH Legislative Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:cg AGENDA BILL to co CITY OF BREMERTON CITY COUNCIL ■■��������������00aM0M00000M000000000NMMM00000000MMEEEE0E050MMEEEE000a0000ME000E000Na001 SUBJECT: Minutes of Meeting — Study Session Date: N/A December 10, 2014 COUNCIL MEETING Date: December 17, 2014 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Study Session on December 10, 2014. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: Nx No Presentation ❑ Full Presentation STUDY SESSION ACTION: N Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, December 10, 2014 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, December 10, 2014, at 5:00 PM, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Mike Sullivan; with Christine Grenier, Council Assistant, present to provide staff support. President Wheeler emphasized that the Study Session was open to the public, but there would be no opportunities for input or participation; no action was anticipated; and announced that approved items by Council will be placed on the December 17, 2014 Council Meeting Agenda; or as indicated. A. NO PRESENTATION PLANNED— The following items are budgeted items or have been reviewed by the appropriate Council Committee... 1. Confirm Appointment of Richard Nerf to the Planning Commission Consent Agenda 2. Confirm Reappointment of Mike Strube to the Planning Commission Consent Agenda 3. Confirm Reappointment of Dennis Treger, CPA to the Audit Committee Consent Agenda 4. Acceptance of Interagency Agreement (IAA15190) "Interpreter Grant" Consent Agenda 5. Acceptance of State of Washington "Office of Public Defense Grant" Consent Agenda 6. Renewal of Professional Services Agreement with Kitsap Community Resources (KCR) Consent Agenda 7. Renewal of Property Insurance bound with American Home Assurance Company for 2015 Consent Agenda 8. Ordinance to amend the FY-2014 City of Bremerton Budget Consent Agenda 9. Stormwater Interlocal Agreement with the Port of Bremerton Consent Agenda 10. Additional Rate Advancement for Tom Knuckey, City Engineer Consent Agenda B. BRIEFINGS & FULL PRESENTATIONS 11. Admiral Theatre Year-End Report- Brian Johnson, Executive Director; Chad Haight, Chief of Operations; and Tim Lavin, Board Member (Information only) 12. Real Property Lease Agreement with United States of America for Historic Building 50 (Puget Sound Navy Museum) Consent Agenda 13. Proposed Public Hearing on Ordinance to adopt the 2014 Wastewater Comprehensive Plan Update Public Hearing Council Members recessed from 6:42 to 6:50 PM... 14. N.A.D. Cabin Restoration Lease Agreement with N.A.D. Guardhouse Cabin Foundation General Business City Council Study Session Minutes Wednesday, December 10, 2014 Page 2 of 2 C. GENERAL COUNCIL BUSINESS o Audit Committee Briefing (11/20/14 Meeting)— Leslie Daugs, Chair o Public Works Committee Briefing (12/2/14 Meeting) — Dino Davis, Chair o Public Safety & Parks Committee Briefing (12/10/14 Meeting)— Leslie Daugs, Chair o Other General Council Business was also discussed. With no further business, President Wheeler adjourned the Council Study Session at 8:40 PM. Prepared and Submitted by: &'Ie- -'4� , CHRISTINE GRENIER Council Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeseeeeeeeeeeeeeeseeeeeeeee SUBJECT: Confirm Appointment of Study Session Date: December 10, 2014 Richard Nerf to the Planning Commission COUNCIL MEETING Date: December 17, 2014 Department: Executive Presenter: Mayor Lent Phone: 473.5266 SUMMARY: Richard Nerf has been selected for appointment to the Planning Commission. Mr. Nerf is proposed to fill a position with a regular 4-year term that will end on December 31, 2018. ATTACHMENTS: Mr. Nerf's application for appointment is available in the Mayor's Office. FISCAL IMPACTS (Include Budgeted Amount): No Fiscal Impacts STUDY SESSION AGENDA: © No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of Richard Nerf to the Planning Commission with a term that will end December 31, 2018. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Confirm Reappointment of Study Session Date: December 10, 2014 Mike Strube to the Planning Commission COUNCIL MEETING Date: December 17, 2014 Department: Executive .Presenter: Mayor Lent Phone: 473.5266 SUMMARY: Mike Strube has been selected for reappointment to the Planning Commission. Mr. Strube was originally appointed to the Commission on December 19, 2012. Planning Commission appointments are normally 4-year terms, however BMC 2.12.010 requires a staggering of terms to ensure that at least one member is appointed on an annual basis. At the time of his original appointment Mr. Strube was given a 2-year term to ensure that the staggering requirements of commissioner terms were being met. He is proposed for reappointment with a regular 4-year term that will end on December 31, 2018. ATTACHMENTS: Mr. Strube's application for appointment is available in the Mayor's Office. FISCAL IMPACTS (Include Budgeted Amount): No Fiscal Impacts STUDY SESSION AGENDA: © No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of Mike Strube to the Planning Commission with a term that will end December 31, 2018. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Confirm Reappointment of Study Session Date: December 10, 2014 Dennis Treger, CPA COUNCIL MEETING Date: December 17, 2014 to the Audit Committee Department: Audit Committee Presenter: Leslie Daugs Phone: (360) 473-5280 SUMMARY: The Certified Public Accountant(CPA) position on the Audit Committee is designated by the City Council per Article III, Section 18 of the City Charter and Chapter 2.18 of the Bremerton Municipal Code (BMC). Mr. Treger is a partner in the Bremerton CPA firm Ball& Treger. He has significant experience in governmental accounting and auditing. It is recommended that Dennis Treger, CPA be re-appointed for a three-year term ending December 31, 2017. ATTACHMENTS: None FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: © No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to confirm the re-appointment of Dennis Treger, CPA to the Audit Committee. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Acceptance of Interpreter Grant Study Session Date: December 10, 2014 (Interagency Agreement IAA15190) COUNCIL MEETING Date: December 17, 2014 Department: MUNICIPAL COURT Presenter: DAWN NELSON Phone: 473-5242 SUMMARY: The Bremerton Municipal Court has been the recipient of an Interpreter Grant from the State of Washington, Administrative Office of the Courts for many years. This agreement is renewed on a yearly basis. This document is titled an Interagency Agreement but it more correctly a grant acceptance form. The terms of this Agreement are from July 2014 through June 2015 for partial reimbursement of interpreter services up to a maximum of$2,593.00. ATTACHMENTS: Interagency Agreement IAA15190 between State of Washington, Administrative Office of the Courts and Bremerton Municipal Court. FISCAL IMPACTS (Include Budgeted Amount): Receipt of up to $2,593.00 to recoup partial costs of interpreter expenses. No matching funds are required. STUDY SESSION AGENDA: ® No Presentation ❑ Full Presentation STUDY SESSION ACTION: © Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Interagency Agreement IAA15190 between the State of Washington, Administrative Office of the Courts and Bremerton Municipal Court and authorize the Court Administrator to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 INTERAGENCY AGREEMENT IAA15190 BETWEEN STATE OF WASHINGTON ADMINISTRATIVE OFFICE OF THE COURTS AND BREMERTON MUNICIPAL COURT THIS AGREEMENT ("Agreement") is entered into by and between the Administrative Office of the Courts ("AOC") and Bremerton Municipal Court ("Court"), for the purpose of distributing funds for court interpreter services expenses to the Bremerton Municipal Court ("Court"). 1. DEFINITIONS For purposes of this contract, the following definitions shall apply: A. "Certified Interpreter' means an interpreter who is certified by the Administrative Office of the Courts, as defined in RCW 2.43.020 (4). The names and contact information of certified interpreters are found, and incorporated herein by reference, at http://www.courts.wa.gov/programs orgs/pos interpret/. B. "Registered Interpreter' means an interpreter who is registered by the Administrative Office of the Courts, as defined in RCW 2.43.020 (6). The names and contact information of registered interpreters are found, and incorporated herein by reference, at http://www.courts.wa.qov/programs orgs/pos interpret/. C. "Qualified Interpreter' means a spoken language interpreter as defined in RCW 2.43.020 (2), or sign language interpreter as defined in RCW 2.42.110 (2). D. "Qualifying Event" means a court interpreted event meeting the criteria found in Exhibit A, and incorporated herein by reference, and for which reimbursement is sought by the Court. 2. PURPOSE The purpose of this Agreement is to engage the services of the Court to improve the quality and availability of court interpreter services for Limited English Proficient ("LEP"), deaf, and hard of hearing persons in accordance with chapters 2.42 and 2.43 RCW. A. These funds are intended to address the Court's following needs: • Financial need - i.e., the gap between the Court's available financial resources and the costs to meet its need for certified, registered, and qualified interpreters; and • Interpreter need - i.e., the gap between the level of the LEP, deaf, and hard of hearing public's need for language access to the Court's (i.e., the level of interpreter need) and the available interpreter pool (in particular, certified, registered, and qualified interpreters in the Court's most frequently needed languages). 3. DESCRIPTION OF SERVICES TO BE PROVIDED A. The Court agrees to actively participate in the vision and structure for state funding of interpreter services, and to track and provide interpreter cost and usage data needed to demonstrate the impact of the funding. In particular, the Court agrees to submit electronically with each request for reimbursement, completed Interpreter Services IAA15190 Page 1 of 6 Funding Data ("ISF Data") reflecting interpreter services and costs. The Court will submit ISF Data representing both Qualifying and non-qualifying Events. B. Electronic data shall be submitted quarterly following the schedule as outlined in Section 5C below and using the online application and instructions found, and incorporated herein by reference, at: http://inside.courts.wa.gov/index.cfm?fa=controller.showPage&folder=courtlnterpreter &file=interpreterStateFunding. C. The Court will ensure that the interpreter funding is used for reimbursement of costs paid to certified, registered, and qualified interpreters for Qualifying Events pursuant to Exhibit A, which is incorporated herein by reference. D. The Court agrees to partner closely with the AOC Interpreter Program, the Interpreter Commission, and neighboring courts to identify and implement innovations and best and promising practices for providing interpreter services (e.g., innovations in scheduling of interpreters, sharing of translated resources, training of staff and judges), with a view to improving interpreter services and the service infrastructure statewide. E. The Court may elect to pay for interpreter services that are not in accordance with the provisions of Exhibit A as set forth; however, such payments will not be reimbursed. F. The Court agrees to submit a written report to the designated AOC Program Manager by January 31, 2015, using the template attached at Exhibit B. The report will, among other things, identify and describe innovations and best and promising practices for interpreter services which have been implemented by the Court since July 1, 2011. G. As a condition of receiving funding under this Agreement, the Court agrees to implement, maintain, and annually review an AOC-approved Language Assistance Plan (LAP) as reported in response to Section 10 of Exhibit B. 4. PERIOD OF PERFORMANCE The execution of this Agreement shall constitute a ratification of an earlier verbal agreement between the parties that is now set forth in writing. Accordingly, the beginning date of performance under this Agreement is July 1, 2014, regardless of the date of execution and which shall end on June 30, 2015. 5. COMPENSATION A. The Court shall be reimbursed a maximum of$2,593 for interpreter services costs incurred during the period of July 1, 2014 to June 30, 2015. No reimbursement shall be made under this Agreement for interpreting services provided after June 30, 2015. B. The Court shall receive payment for no more than 50 percent costs for interpreter services as set forth in Exhibit A, and incorporated herein. C. The Court shall not be reimbursed for interpreter services costs for Qualifying Events until properly-completed paper A-19 invoices and corresponding electronic ISF Data are received and approved by AOC, pursuant to the following schedule: 1) Reflecting Qualifying and non-qualifying Events occurring between July 1, 2014 and September 30, 2014, must be received by the AOC no later than December 31, 2014. IAA15190 Page 2 of 6 2) Reflecting Qualifying and non-qualifying Events occurring between October 1, 2014 and December 31, 2014, must be received by the AOC no later than January 31, 2015. 3) Reflecting Qualifying and non-qualifying Events occurring between January 1, 2015 and March 30, 2015, must be received by the AOC no later than April 30, 2015. 4) Reflecting Qualifying and non-qualifying Events occurring between April 1, 2015 and June 30, 2015, must be received by the AOC no later than July 31, 2015. D. If this agreement is terminated, the Court shall only receive payment for performance rendered or costs incurred in accordance with the terms of this agreement prior to the effective date of termination. E. The Court shall, submit its paper A-19 invoices quarterly to: AOC Financial Services PO Box 41170 Olympia, Washington 98504-1170 The ISF Data shall be submitted electronically and in conjunction with the quarterly invoice to the AOC as described in Section 3B. F. Payment to the Court for approved and completed work will be made by warrant or account transfer by AOC within 30 days of receipt of a properly-completed paper invoice and the completed ISF Data. G. The Court shall maintain sufficient backup documentation of expenses under this Agreement. H. The AOC, in its sole discretion and upon notice, may initiate revenue sharing and reallocate funding among courts. If it appears the Court may not expend the maximum Agreement amount, the AOC may reduce the maximum Agreement amount. AOC may increase the maximum Agreement amount if additional funds become available through these revenue sharing provisions. 6. TREATMENT OF ASSETS AND PROPERTY The AOC shall be the owner of any and all fixed assets or personal property jointly or cooperatively, acquired, held, used, or disposed of pursuant to this Agreement. IAA15190 Page 3 of 6 7. RIGHTS IN DATA Unless otherwise provided, data which originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the AOC. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and video and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. In the event that any of the deliverables under this Agreement include material not included within the definition of"works for hire," the Court hereby assigns such rights to the AOC as consideration for this Agreement. Data which is delivered under this Agreement, but which does not originate therefrom, shall be transferred to the AOC with a nonexclusive, royalty-free, irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to do so; Provided, that such license shall be limited to the extent which the Court has a right to grant such a license. The Court shall advise the AOC, at the time of delivery of data furnished under this Agreement, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Agreement. The AOC shall receive prompt written notice of each notice or claim of copyright infringement received by the Court with respect to any data delivered under this Agreement. The AOC shall have the right to modify or remove any restrictive markings placed upon the data by the Court. 8. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 9. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 10. RECORDS, DOCUMENTS, AND REPORTS The Court shall maintain books, records, documents and other evidence of accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. These records shall be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by the AOC, the Office of the State Auditor, and federal officials so authorized by law, rule, regulation, or Agreement. The Court will retain all books, records, documents, and other material relevant to this Agree ent for six years after settlement, and make them available for inspection by persons authorized under this provision. 11. RIGHT OF INSPECTION The Court shall provide right of access to its facilities to the AOC, or any of its officers, or to any other authorized agent or official of the state of Washington of the federal government at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. IAA15190 Page 4 of 6 12. DISPUTES Disputes arising under this Agreement shall be resolved by a panel consisting of one representative from the AOC, one representative from the Court, and a mutually agreed upon third party. The dispute panel shall thereafter decide the dispute with the majority prevailing. Neither party shall have recourse to the courts unless there is a showing of noncompliance or waiver of this section. 13. TERMINATION Either party may terminate this Agreement upon thirty (30) days written notice to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 14. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: A. Applicable state and federal statutes and rules; B. This Agreement; and C. Any other provisions of the agreement, including materials incorporated by reference. 15. ASSIGNMENT The work to be provided under this Agreement, and any claim arising hereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. 16. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. 17. SEVERABILITY If any provision of this Agreement, or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision and to this end the provisions of this Agreement are declared to be severable. 18. ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be considered to exist or to bind any of the parties to this agreement unless otherwise stated in this Agreement. IAA15190 Page 5 of 6 AGREEMENT MANAGEMENT The program managers noted below shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement: AOC Program Manager: Court Program Manager: Robert Lichtenberg Dawn Nelson, Administrator PO Box 41170 900 Pacific Ave Olympia, WA 98504-1170 Bremerton, WA 98337 (360) 350-5373 360-473-5242 robert.lichtenberg@courts.wa.gov I dawn.nelson ci.bremerton.wa.us AGREED: Administrative Office of the Courts Bremerton Municipal Court Signature Date Signature Date Callie Dietz Name Name Administrator, AOC Title Title IAA15190 Page 6 of 6 EXHIBIT A - IAA15190 WASHINGTON STATE INTERPRETER SERVICES FUNDING FUNDING CONDITIONS AND PAYMENT STRUCTURE The Court Interpreter Reimbursement Program funding conditions and payment structure shall be as follows: 1. General Funding Conditions The AOC will reimburse courts under this Agreement for the cost of AOC-certified, registered, or otherwise court-qualified interpreters appointed pursuant to RCW 2.42 and RCW 2.43 under the following conditions: 2. Spoken Language Interpreters A. Certified and Registered Language Interpreters Compensation for interpreters currently credentialed by the AOC in the certified and registered language categories shall be reimbursed for actual compensation paid pursuant to the payment structure for those interpreters as outlined in this Exhibit A. B. Non-Credentialed Interpreters in Certified and Registered Language Categories If either (a), the AOC master interpreter list for certified or registered languages does not include any interpreters credentialed by the AOC for those languages, or (b), after diligent search, a registered interpreter cannot be obtained for that language, then reimbursement will be provided for actual compensation paid pursuant to the payment structure as outlined in this Exhibit A, Section 2, (see "Payment Structure"), for those interpreters, providing that the interpreter is found otherwise qualified on the record by the Court pursuant to Chapter 2.43. C. Non-Credentialed Languages Compensation for interpreters for languages for which neither certification nor registration is offered will be reimbursed where the interpreter has been deemed qualified on the record pursuant to 2.43 RCW. 3. Sign Language Interpreters Reimbursement for American Sign Language (ASL) interpreters appointed pursuant to RCW 2.42 will be authorized under the following conditions: A. When the Court uses either: 1) An interpreter with an SC:L or comparable legal specialist certification issued by the Registry of Interpreters for the Deaf; or 2) An interpreter under contract or subcontracted with the Department of Social and Health Services, Office of Deaf and Hard of Hearing (DSHS, ODHH). B. Salaried Staff and Contract Interpreters Reimbursement will be provided for salaried staff or contracted interpreters meeting the Qualifying Event conditions for the payment of credentialed spoken and sign language interpreters, as referenced above. C. Remote Interpreting The AOC will reimburse local jurisdictions for using certified, registered, or otherwise qualified interpreters operating by telephone or videophone when providing court interpreting services for Limited English Proficiency (LEP) persons or persons who Exhibit A-IAA15190 Page 1 of 4 rely on sign language for in-court proceedings and for services that are provided by the Court to the public outside of the courtroom. D. Scope of Interpreter Funding Reimbursement payment under this Agreement will only be made to the Court when the cost portion otherwise payable by the Court is paid out of the budget (or budgets, in the case of multi-court collaborative applicants) of the Court responsible for full payment. 4. Payment Structure A. Hourly Rate 1) Rate for Spoken Language Interpreters Subject to the maximum compensation allowable under this contract, the AOC will reimburse the Court under this Agreement for 50 percent of the hourly cost and the hourly minimum charges for services provided under this Agreement by AOC- certified, registered, or otherwise court-qualified interpreters. The AOC will reimburse courts not to exceed $25 an hour for interpreter hourly rates and hourly minimum charges. 2) Rate for Sign Language interpreters Subject to the maximum compensation allowable under this contract, the AOC will reimburse the Court under this Agreement for 50 percent of the hourly cost and the hourly minimum charges for services provided under this Agreement. The AOC will reimburse courts not to exceed $25 an hour for interpreter hourly rates and hourly minimum charges. 3) Salaried Interpreters Subject to the maximum compensation allowable under this contract, the AOC will reimburse the Court for 50 percent of the cost of staff interpreters meeting the funding conditions for staff interpreters and will reimburse only for their provision of interpreter services, up to a maximum total salary of$60,000 plus 27 percent in benefits (i.e., state reimbursement = up to $30,000 of salary plus 13.5 percent in benefits). 4) Contracted Interpreters Subject to the maximum compensation allowable under this contract, the cost of contracted interpreters who are paid on an hourly basis will be reimbursed under the same conditions as in 2.A and 2.13. The cost of contract interpreters who are paid other than on an hourly basis (e.g., on a half-day or flat rate basis) will be only reimbursed for the actual number of hours of interpreting provided for each Qualifying Event. 5) Telephone Interpreting Rate The AOC will reimburse local jurisdictions for up to 50 percent of the cost of using certified, registered, or otherwise qualified interpreters providing interpretation by telephone or videophone for LEP persons or persons who rely on sign language, up to a maximum of$1.64 per minute (with no minimum service time). Exhibit A-IAA15190 Page 2 of 4 6) Hourly Minimum Rate Charges Where a minimum hourly rate charge up to $50 an hour and no greater is imposed for no more than the first two hours, reimbursement will be paid for half of such hourly minimum rate. 7) Excess Charges Interpreter rates in excess of$50 an hour or for hourly minimum rates exceeding the first two hours shall be the sole responsibility of the Court. 8) Hourly Rounding Hourly compensation for services provided shall be charged and paid in 30 minute increments. B. Travel Time and Mileage The AOC will reimburse Courts for up to 50 percent of the cost of interpreter travel time or mileage when such charges are in accordance with this Exhibit A and reimbursed as identified below in Interpreter Travel and Mileage Reimbursement. In such event, travel time and mileage charges will only be reimbursed for interpreters meeting the funding conditions. The AOC reserves the right to limit travel reimbursement to reasonable travel, based on known availability and location of certified, registered, or otherwise qualified interpreters. INTERPRETER TRAVEL AND MILEAGE REIMBURSEMENT Interpreter mileage and/or travel time will be reimbursed as follows: 1. MILEAGE Interpreter mileage will be reimbursed in accordance with the prevailing Office of Financial Management (OFM) Policy and Guidance rate. The Court will notify interpreters of any change in the OFM rate before it becomes effective. Mileage will be reimbursed on a from address of origin's to address of appointment20 basis. The Court and interpreter will negotiate reimbursement for mileage traveled from the address of appointment to address of destination 21 on a case-by-case basis. (NOTE: Courts are encouraged to have a consistent policy regarding the return trip.) In Eastern Washington, due to the scarcity of interpreters and vast distance for portal-to-portal travel, it is recommended that the Court reimburse the interpreter for mileage on an address of appointment to address of destination or roundtrip basis22. Interpreter mileage related to an appointment is billable if a required party fails to appear23 If the interpreter fails to appear, he/she will not be paid for mileage. Mileage related to appointments that have been cancelled where the interpreter has received prior notice of the cancellation is not billable. 19 Address of origin-the interpreter's home,office,or immediately previous appointment meeting place. 20 Address of appointment-the courthouse or other location of the Interpreter assignment 21 Address of destination-the Interpreter's home,office,or Immediately next appointment meeting place. 22 Roundtrlp-from the Interpreter's home/office to the appointed meeting place,followed by the Interpreter's return to their home/office. 23 Failure to appear-a non-appearance by the LEP,deaf or hard of hearing client,attorneys,witnesses,or necessary parry,necessitating a cancellation or continuance of the hearing. Exhibit A-IAA15190 Page 3 of 4 Address Mileage Address of Mileage Address of Origin Appointment Destination Billable Subject to Negotiation 2. TRAVEL TIME Travel time will be reimbursed on a from "address of origin" to "address of appointment" basis. The Court and interpreter will negotiate reimbursement for travel time from "the address of appointment" to "address of final destination" on a case-by-case basis at the time the appointment is requested. (NOTE: Courts are encouraged to have a consistent policy regarding the return trip.) In Eastern Washington, due to the scarcity of interpreters and vast distance for portal-to-portal travel, it is recommended that the Court reimburse the interpreter for travel time on an "address of appointment" to "address of destination" or roundtrip basis. Interpreters must travel for either a minimum of sixteen (16) miles or for one-half hour in order to be eligible for travel time reimbursement. Exceptions to the sixteen (16) mile minimum requirement shall be made when the use of a ferry contributes to the one-half hour or more of travel time. Travel time will be reimbursed at a rate of one half the hourly interpreter rate for each hour of travel. Example: Interpreter traveled four hours to an appointment and the hourly rate is $50. One half of the hourly rate is $25. The calculation would be 4 x $25 = $100 for travel time. Distance Reimbursable Origin Mileage Only ppointment 0 -15 Miles Origin Mileage or Travel Time* (but not both) Appointment 16+ Miles or half-hour travel* *Travel Time can be claimed only when traveling time is half hour (30 minutes) or more. Interpreter travel time related to an appointment is billable if a required party fails to appear24. If the interpreter fails to appear, he/she will not be paid for travel. Travel time related to appointments that have been cancelled where the interpreter has received prior notice of the cancellation is not billable. 24 Failure to appear-a non-appearance by the LEP,deaf or hard of hearing client,attorneys,witnesses,or necessary party,necessitating a cancellation or continuance of the heanng. Exhibit A-IAA15190 Page 4 of 4 Exhibit B - IAA15190 Interpreter Reimbursement Program Court Report Template WASHINGTON COURTS TS This information is to help evaluate the effectiveness of the court interpreter reimbursement program. • The report should cover the period July 1, 2011 thru December 31, 2014. • The report should include and answer the following, and can be supplemented by other materials such as charts, spreadsheets, etc. • The report should be returned no later than January 31, 2015 to Robert Lichtenberg at Robert.lichtenbergCD-courts.wa.gov. • The report should be no longer than three (3) pages. 1. Name of Court 2. Contract Number 3. Name of Person Completing Report 4. Provide a general description of.interpreter services provided by your court. The report should provide information other than that provided on the quarterly Interpreter Services Funding Data (ISF) reports. For example, include information on charging litigants, types of hearings interpreters were provided for, use of staff interpreters, interpreter scheduling practices, pool of interpreters, etc. 5. Describe any collaborative efforts with other courts including, why the collaboration was sought, the impact of these efforts, challenges, and why the efforts were initiated. For example, sometimes neighboring courts work with one another to improve interpreting services including combined scheduling, implementation of consistent payment policies, shared staff interpreters, or coordination of interpreter calendars. 6. Identify two or three improvements made or promising practices realized by your court to improve interpreter services and/or to reduce expenses. 7. Identify any changes or improvements your court plans to implement in the future to improve interpreter services and/or to reduce expenses. 8. Identify any challenges or trends your court is experiencing with providing interpreter services. 9. Indicate if your court is regularly reviewing, monitoring, and updating your Language Access Plan (LAP). a. If so, who is responsible for this and how often is this accomplished? When was the LAP last reviewed and/or revised? b. If not, will your court be doing so in the future? When? What have been the impediments for doing so? 10. What do you see as the most significant areas of remaining need with regard to improving interpreter services? 11. Provide any additional information you would like us to know about your court's use of these funds and interpreter services in general. Exhibit B-IAA15190 Page 1 of 1 From: Christine Grenier on behalf of City Council Sent: Thursday, December 11, 2014 4:37 PM To: City Council Subject: Study Session Follow-Up (Interpreter and Public Defense Costs) Attn: Council Members(FYI) From: Dawn Nelson Sent:Thursday, December 11, 2014 4:36 PM To: City Council Subject: Interpreter and Public Defense Good Afternoon, I wanted to supply some numbers in response to Mr. Runyon's questions at last night's study session. Interpreter Costs: 2013 $11,753.57 2014 $10,201.51 (through November) Public Defender Costs: 2013 Contract Firm $275,000.00 Conflicts $20,023.50 (amount includes appeals) 2014 Contract Firm $275,000.00 Conflicts $12,813.50(through November—amount includes appeals) I hope this answers your questions. Thank you, Dawn .Nelson Bremerton Municipal Court Administrator 360 173 52/12 1 AGENDA BILL (Oil CITY OF BREMERTON CITY COUNCIL ■■eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee� SUBJECT: Office of Public Defense Grant Study Session Date: December 10, 2014 Acceptance—2015 COUNCIL MEETING Date: December 17, 2014 Department: Municipal Court Presenter: Dawn Nelson Phone: 473-5242 SUMMARY: The Bremerton Municipal Court applied to the Office of Public Defense for a grant and was awarded a grant in the amount of$13,500.00. This money is intended to be used for improvements including continuing to adjust pay compensation for contracted and conflict attorneys, adding attorneys to reduce public defense caseloads and complying with the new Supreme Court Public Defense Standards. ATTACHMENTS: Letter of Acknowledgment and Face Sheet FISCAL IMPACTS (Include Budgeted Amount): The OPD funding is a revenue source for$13,500 to be used directly for Public Defense in the City of Bremerton Municipal Court. These monies will be fully expended in 2015 to assist with public defense. There are no matching funds needed. STUDY SESSION AGENDA: © No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to accept the grant from the Office of Public Defense and authorize the Court Administrator to finalize and execute the grant agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 STA o , ROY 10 2014 BY. MUI ICIPAL COURT WASHINGTON STATE (360) 586-3164 Internet Email: opd@opd.wa.gov OFFICE OF PUBLIC DEFENSE FAX(360) 586-8165 November 7, 2014 Dawn Nelson Court Administrator Bremerton Municipal Court 550 Park Ave. Bremerton, WA 98337 Re: Chapter 10.101 RCW Application for Public Defense Grant Funds Dear Dawn Nelson: The Washington State Office of Public Defense(OPD) is pleased to announce the award of RCW 10.101.080 Public Defense Grant funds to the City of Bremerton. The award is$13,500 for use in 2015. Enclosed is a short Grant Agreement for your review and signature by an authorized representative of the City of Bremerton. The signed Grant Agreement should be returned to OPD by December 1,2014. A conformed copy will be sent to you for your records. A copy of OPD's policy on authorized uses is enclosed. The grant funds will he mailed to you in mid-December. If you want the check mailed to a different person or office, please let us know. If the City of Bremerton uses state BARS coding, these grant funds should be received under BARS revenue code 334.01.2X. Chapter 10.101 RCW requires cities awarded funds to demonstrate to OPD that they are either meeting the public defense standards referenced in RCW 10.101.030,or that the funds received are used to make appreciable demonstrable improvements in the delivery of public defense services. In addition, the Washington Supreme Court has adopted statewide Standards for Indigent Defense and Attorney Certification of Compliance. OPD`s Public Defense Services Managers are available to assist the city and its public defense attorneys in implementing the Supreme Court requirements, including the misdemeanor caseload limits scheduled to become effective January 2015. Please feel free to contact Katrin Johnson or Kathy Kuriyama at(360)586-3164 ext 108 and.l 14 respectively. We look forward to receiving the city's mid-year report in July 2015 (as required in the Grant Agreement), as well as visiting your program at least one time during the year. Sincerely, Sophia Byrd McShe , Deputy Dir7tor Y nY P Y Enclosures cc: Judge James N. Docter 711 Capitol Way South - Suite 106 - P.O. Box 40957 -Olympia. Washington 98504-0957 Grant Agreement No.GRT FACE SHEET WASHINGTON STATE OFFICE OF PUBLIC DEFENSE 1. Grantee 2. Grantee Representative City of Bremerton Dawn Nelson 345 6th St,Suite 600 Court Administrator Bremerton,WA 98337 Bremerton Municipal Court 550 Park Ave. Bremerton,WA 98337 3. Office of Public Defense(OPD) 4. OPD Representative 711 Capitol Way South,Suite 106 Joanne 1. Moore PO Box 40957 Director Olympia,WA 98504-0957 Office of Public Defense 711 Capitol Way South, Suite 106 PO Box 40957 Olympia,WA 98504-0957 5. Grant Amount 6. Grant Period $13,500 January 1,2015 through December 31, 2015 7. Grant Purpose The Chapter 10.101 RCW city grants are competitive grants for the purpose of improving the quality of public defense services in Washington municipalities. (See Chapter 10.101 RCW.) The Office of Public Defense.(OPD)and Grantee,as defined above, acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start January 1,2015 and end December 31, 2015. The rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by reference: Special Terms and Conditions of the City Grant and General Terms and Conditions of City Grant. I FOR THE GRANTEE FOR OPD Name,Title Joanne 1. Moore, Director Date Date GENERAL TERMS AND CONDITIONS OF THE CITY GRANT 1. ALL WRITINGS CONTAINED HEREIN This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. 2. AMENDMENTS This Grant may be amended by mutual agreement of the parties. Such amendment shall not be binding unless it is in writing and signed by personnel authorized to bind each of the parties. 3. AMERCIANS WITH DISABILITIES ACT(ADA)OF 1990,PUBLIC LAW 101-336,also referred to as the "ADA"29 CFR Part 35. The Grantee must comply with the ADA,which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations,state and local government services,and telecommunications. 4. ASSIGNMENT Neither this Grant, not any claim arising under this Grant, shall be transferred or assigned by the Grantee without prior written consent of OPD. 5. ATTORNEY'S FEES Unless expressly permitted under another provision of the Grant, in the event of litigation or other action brought to enforce Grant terms, each party agrees to bear its own attorneys fees and costs. 6. CONFORMANCE If any provision of this Grant violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 7. ETHICS/CONFLICTS OF INTEREST In performing under this Grant, the Grantee shall assure compliance with the Ethics in Public Service, Chapter 42.52 RCW and any other applicable court rule or state or federal law related to ethics or conflicts of interest. 8. GOVERNING LAW AND VENUE This Grant shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9. INDEMNIFICATION To the fullest extent permitted by law,the Grantee shall indemnify,defend,and hold harmless the state of Washington, OPD,all other agencies of the state and all officers,agents and employees of the state,from and against all claims or damages for injuries to persons or property or death arising out of or incident to the performance or failure to perform the Grant. 10. LAWS The Grantee shall comply with all applicable laws,ordinances,codes, regulations, court rules, policies of local and state and federal governments,as now or hereafter amended. 11. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Grant,the Grantee shall comply with all federal,state,and local nondiscrimination laws, regulations and policies. In the event of the Grantee's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded, canceled or terminated in whole or in part. 12. RECAPTURE In the event that the Grantee fails to perform this Grant in accordance with state laws,federal laws, and/or the provisions of the Grant,OPD reserves the right to recapture funds in an amount to compensate OPD for the noncompliance in addition to any other remedies available at law or in equity. 13. RECORDS MAINTENANCE The Grantee shall maintain all books,records, documents, data and other evidence relating to this Grant. Grantee shall retain such records for a period of six(6)years following the end of the grant period. If any litigation,claim or audit is started before the expiration of the six(6)year period,the records shall be retained until all litigation,claims,or.audit findings involving the records have been finally resolved. 14. RIGHT OF INSPECTION At no additional cost all records relating to the Grantee's performance under this Grant shall be subject at all reasonable times to inspection, review,and audit by OPD,the Office of the State Auditor, and state officials so authorized by law, in order to monitor and evaluate performance,compliance, and quality assurance under this Grant. The Grantee shall provide access to its facilities for this purpose. 15. SEVERABILITY If any provision of this Grant or any provision of any document incorporated by reference shall be held invalid,such invalidity shall not affect the other provisions of this Grant that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Grant and to this end the provisions of this Grant are declared to be severable. 16. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing. WASHINGTON STATE OFFICE OF PUBLIC DEFENSE COUNTYXITY USE OF STATE PUBLIC DEFENSE FUNDING (as amended June 2008) State funds disbursed to counties and cities pursuant to Chapter 10.101 RCW cannot be used to supplant local funds that were being spent on public defense services prior to the initial disbursement of state funds. State funds must be spent to improve the quality of legal representation directly received by indigent defendants. The funds cannot be spent on purely administrative functions. Following are guidelines regarding permitted use of state public defense funds. 1. State public defense funding under Chapter 10.101 RCW may be used in the following ways: a) Additional investigator services b) Additional expert services c) Creation of a public defense office d) New quality monitoring by an attorney coordinator who can act as a legal supervisor for the attorneys providing public defense(but non-attorney administrative employees of the county or city are not an approved use of funds) e) Computers or access to electronic legal research systems for public defenders 0 Increase in public defense attorney compensation g) Provision of public defense services at first appearance calendars(or increase of first appearance services if public defenders are already provided) h) Addition of more attorneys to lower public defense caseloads i) Addition of social worker services to assist public defense attorneys J) Direct training costs to train public defense attorneys k) Evaluations of defendants for sentencing options, such as drug evaluations, SSOSA, DOSA t) Provision of internet connectivity(e.g. wireless) for public defense attorneys m) Provision of interpreter services for attorney-client interviews and communication (but in-court interpreter appointments required under Chapter 2.43 RCW are not an approved use of funds) 2. State public defense funding under Chapter 10.101 RCW may not be used in the following ways: a) Supplanting county or city funds used for public defense services prior to the initial disbursement of state funds to the county or city b) Billing or other administrative costs incurred by the county or city in administering the public defense program c) Indigency screening d) County, city or court technology systems or administrative equipment e) County or city attorney time, including advice on public defense contracting, except as provided in Section 1(d)above. AGENDA BILL to CITY OF BREMERTON CITY COUNCIL ■■eeeeeeeeeeeeeeeeeeeeeeaseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeeeeeeeeeeeeeeeee SUBJECT: Renewal of Professional Study Session Date: December 10, 2014 Services Agreement between the City of COUNCIL MEETING Date: December 17, 2014 Bremerton and Kitsap Community Department: Municipal Court Resources Presenter: Dawn Nelson Phone: 473-5242 SUMMARY: The Bremerton Municipal Court is seeking to renew the contract with Kitsap Community Resources to continue to provide community service supervision for 2015. This Professional Services Agreement with KCR provides supervision, organization and reporting to the court for defendants assigned to perform community service as part of their sentencing or for fines. The compensation will be $20,675.00 for 2015. Budget expenditures will be 1/12 of the budget each month for the contract year. ATTACHMENTS: Professional Services Agreement with Kitsap Community Resources for Bremerton Community Service Work Program. FISCAL IMPACTS (Include Budgeted Amount): $20,675.00 for 2015 STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: © Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Renewal of the Professional Services Agreement between the City of Bremerton and Kitsap Community Resources and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 PROFESSIONAL SERVICES AGREEMENT (Bremerton Community Service Work Program) THIS AGREEMENT is between the City of Bremerton, a Municipal Corporation (hereinafter referred to as"City") and Kitsap Community Resources, a non-profit corporation (hereinafter referred to as "KCR"). 1. SCOPE: KCR agrees to manage the City of Bremerton Community Service Work("CSW Program"). Defendants convicted in Bremerton Municipal Court are directed to the CSW Program to provide a specified number of hours of labor for the City in lieu of jail or fines. The Bremerton Municipal Court will provide KCR with the defendant's agreement or form, which shall include the defendant's name, case number, start date and number of community service hours to be performed by the defendant. KCR will supervise the defendants in the performance of community service work and provide a report to the Court indicating whether a defendant has fulfilled his or her community service obligation. Reporting guidelines shall include, but are not be limited to: a) Individual status reports that indicates completion, noncompliance for non-completed hours or"no shows". b) Monthly report that summarize scope of work of Community Service Work performed. C) Monthly report indicating sites and hours worked daily. d) Incidental reporting should be forwarded to the Court in a timely manner. Determination of status is the responsibility of the CSW Program coordinators. e) Monthly reporting should be forwarded to the Court by the 5t'day of each month while this contract is in effect or within 5 working days of termination of this agreement. As in the past, defendants can perform their community service hours at remote locations with other 501(c)3,non-profit organizations and in accordance with Washington State statutes governing the performance of community service. The need for remote assignment is designated at the discretion of KCR. KCR, on the basis of the following circumstances, shall determine a defendant's request for other assignment: a) Travel to the CSW Program is an overwhelming barrier to attendance for Community Service at the designated report location. b) Defendant can prove reasonable need or hardship that would benefit both parties for Community Service to be performed outside the normal working days and/or hours of the CSW Program. C) The Defendant has a verified medical reason, either physically or mentally, that would prevent working physical labor. 2. TERM: Contract shall commence on January 1, 2015 and will terminate December 31, 2015. 1 3. COMPENSATION: City shall pay KCR the sum of Twenty Thousand Six Hundred Seventy Five dollars($20,675.00)for the year 2015. Budget expenditures will be 1/12`h of the budget each month for the contract year. 4. PROGRAM DESCRIPTION: KCR staff will operate the program in the City of Bremerton. Report dates for defendants will be established by the Court and will be from January 2nd through December 31 st of each contract year. October 1"through October 15`h KCR staff will be in program orientation for their service term and no hours of community service will be worked with the program during designated dates. Designated report dates and times will be available to ensure forty(40)hours of service can be performed each week with the exclusion of KCR observed holidays. Activities will vary and will address environmental, recreational and human service needs. City of Bremerton requests shall have priority. Work requests that are outside the scope or resource availability of the program will either be delayed or assigned to another entity. 5. RELATIONSHIP OF PARTIES: The parties understand and agree that KCR is an organization skilled in matters pertaining to community service programs and will perform independent functions and responsibilities in the area of its particular field of expertise. KCR and its personnel shall act as independent contractors and not employees of the City. As such they have no authority to bind neither City nor control employees of the City,contractors, or other entities. Within the performance of these duties,KCR shall work under the direction of the AmeriCorps Director. 6. INDUSTRIAL INSURANCE: KCR agrees to provide for State industrial insurance coverage for its personnel as required by State Law. 7. LICENSE AND TAXES: KCR shall possess a current Bremerton Business license and any regulatory license required fulfilling its obligations under this Agreement. B&O taxes shall be paid when due and KCR,by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes,which have been declared delinquent. 8. INSURANCE: KCR shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by KCR, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, KCR shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than$1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than$1,000,000 combined single limit per occurrence and general aggregate for personal injury,bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; and employer's liability; and 2 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. Any payment of deductible or self-insured retention shall be the sole responsibility of the KCR. All required policies shall be provided on an "occurrence"basis except professional liability insurance (if required), which may be provided on a"claims-made"basis. The City shall be named as an additional insured on all insurance policy, as respects work performed by or on behalf of KCR and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. KCR's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. KCR's insurance shall be primary insurance as respects the City and it shall be an affirmative obligation upon KCR to advise the City's Risk Manager by fax at(360)473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6`h Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. 9. INDEMNIFICATION: KCR agrees to defend, indemnify and save harmless the City, its appointed and elected officers 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 at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement,whether such injuries to persons or damage to property is due to the negligence of KCR, its subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent the City is judicially found solely negligent for such damage or injury. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES KCT/CSW PROGRAM'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE,TITLE 51 RCW, SOLELY 3 FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. 10. GENERAL CONDITIONS: a) Reports and Information—KCR,at such times and in such forms as the City may require, shall furnish the city such reasonable periodic reports and documents as it may request pertaining to the work or services undertaken pursuant to the Agreement,the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. KCR will maintain accounting records in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. b) Vehicles—The City will provide a passenger van and pickup truck, vehicles for abatement clearing,maintenance on said vehicles, including all regularly scheduled preventative maintenance and/or corrective maintenance required during normal operation. The City agrees to pay vehicle registration fees required to operate said vehicles. If the City is unable to provide or replace vehicles that are not operable for more than three(3)working days,the City shall suspend service or agree to provide travel claim expenses at .415 cents per mile for any KCR vehicle that is used to continue agreement requirements. c) Vehicle Drivers—KCR will insure that all drivers of City provided vehicles will possess a valid driver's license and are capable of safely operating a vehicle and not under the influence of any substance that can impair driving ability. d) Entire Agreement—this Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements,written or oral,that have not been fully set forth in the text of this Agreement. e) Amendments—the parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. f) Notices—Any notices required to be given by the City to KCR or by KCR to the City shall be in writing and delivered to the parties at the following addresses: City Clerk Charmaine Scott, KCR City of Bremerton Kitsap Community Resources 345 Sixth Street, Suite 600 845 8'Street Bremerton,WA. 98337 Bremerton, WA 98337 g) Waiver—Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such,nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. h) Compliance with State, Local and Federal Laws—KCR agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. 4 i) Applicable Law; Venue—this Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. 11. NONDISCRIMINATION: KCR shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability, except employment actions based on a bona fide occupational qualification. 12. TERMINATION: this Agreement may be terminated by either party for convenience upon thirty(30)days' written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction with in five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all matters upon which KCR is advising the City as of the effective date of terminations. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. KITSAP COMMUNITY RESOURCES Date: BY: RUDY TAYLOR, Board President CITY OF BREMERTON Date: BY: PATTY LENT, Mayor DEPARTMENTAL APPROVAL: DAWN NELSON, Court Manager APPROVED AS TO FORM: ROGER LUBOVICH, City Attorney R:\Legal\Legal\Contracts\Municipal Court\KCR-CSW Program\KCR Community Service Agreement 2015-Final.docx 5 AGENDA BILL (000 _CITY OF BREMERTON CITY COUNCIL SUBJECT: 2015 Property Insurance Study Session Date: December 10, 2014 COUNCIL MEETING Date: December 17, 2014 Department: City Attorney's Office— Risk Management Presenter: Thelma Swem Phone: 360-473-5302 SUMMARY: The Bremerton Municipal Code authorizes the Risk Management Specialist, with the approval of the City Attorney, to bind property insurance coverage on City assets and requires City Council approval for the continuation of the bound coverage. Property insurance coverage for 2015 has been bound with American Home Assurance Company. The annual premium including terrorism coverage and mandatory engineering fee for 2015 is $284,672. Coverage is subject to a $100,000 deductible for most losses. Earthquake and flood insurance is only provided for the Wastewater Treatment Plant, the Harborside Conference Center, the Harborside Sculptures and Fountains and the PSNS Memorial Plaza. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): Sufficient funds have been budgeted in the Risk Management Fund for this expenditure for 2015. STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve continuation of property insurance bound with American Home Assurance Company for 2015. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 From: Christine Grenier on behalf of City Council Sent: Thursday, December 11, 2014 10:21 AM To: City Council Subject: Study Session Follow-Up (Property Insurance Renewal) Attachments: DOC.PDF Attn: Council Members(FYI) -----Original Message----- From:Thelma Swem Sent:Thursday, December 11,201410:10 AM To: City Council Subject: Property Insurance Renewal Last night at the Council Study Session, Councilman Runyon requested to review a copy of the sample property insurance policy. It is attached for review by council members if they choose. Please let me know if you have any questions or need additional information.Thank you. Thelma Swem, Risk Management Specialist Bremerton City Attorney's Office 345 6th Street,Suite 600 Bremerton,WA 98337 (360)473-5302 (360)473-5161 (fax) thelma.swem@ci.bremerton.wa.us ATTORNEY-CLIENT PRIVILEGED COMMUNICATION This e-mail message and its attachments may contain confidential attorney work product and be subject to the attorney-client communication privilege. It is intended solely for the use of the individual named above. If you are not the intended recipient,or the person responsible to deliver it to the intended recipient,you are hereby advised that any dissemination, distribution or copying of this communication is prohibited. If you have received this e-mail in error, please immediately notify the sender by reply e-mail and delete and/or destroy the original and all copies of the e-mail message. i AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr SUBJECT: Ordinance No. 5267 amending Study Session Date: December 10, 2014 Ordinance No. 5235 establishing the City of COUNCIL MEETING Date: December 17, 2014 Bremerton's Fiscal Year 2014 budget as Department: Finance amended by Ordinance No. 5246 Presenter: Cathy Johnson Phone: 360-473-5296 SUMMARY: This is a year-end housekeeping action. The Bremerton City Council adopted the 2014 Annual City Budget by Ordinance 5235 on December 4, 2013 and later amended the budget by Ordinance 5246 on April 16, 2014. In preparation for wrapping up 2014, it is necessary to do a final amendment to the budget to incorporate Council actions and other unforeseen items that have arisen subsequent to the last amendment. This amendment is necessary to provide adequate expenditure authority for various City funds and departments. ATTACHMENTS: Ordinance No. 5267 amending the 2014 Fiscal Year Budget Detail Fund Listing FISCAL IMPACTS (Include Budgeted Amount): Overall 2014 budget will be $131,114,482 (inclusive of fund balances). STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: , © Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Ordinance No. 5267 of the City Council of the City of Bremerton, Washington, amending Ordinance No. 5235 establishing the City of Bremerton's Fiscal Year 2014 budget as amended by Ordinance No. 5246. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 ORDINANCE NO. 5267 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Ordinance No. 5235 establishing the City of Bremerton's Fiscal Year 2014 budget as amended by Ordinance No. 5246. WHEREAS, the City Council passed the Fiscal Year 2014 City Budget Ordinance (Ordinance No. 523 5)on December 4, 2013; and WHEREAS, the City Council subsequently amended the Fiscal Year 2014 City Budget (Ordinance No. 5235) on April 16, 2014 to provide for certain programs and actions taken up to that point requiring amendment to the 2014 budget; and WHEREAS, the City Council has previously amended the budget by various motions and resolutions subsequent to April 16, 2014 which require a formal amendment by ordinance; and WHEREAS, several City Departments and Funds are experiencing or anticipate additional expenses due to factors such as costs related to provision of contracted services, changed allocations of staff time, and the reallocation of prior period expenditures; and WHEREAS, several City Departments and Funds require adjustment to revenues to reflect activity in 2014 or timing changes from that which was anticipated in the 2014 budget; and WHEREAS, certain reclassifications of revenues and expenditures are required to properly reflect budget categories in a manner consistent with actuals as classified in accordance with Generally Accepted Accounting Principles; and WHEREAS, each of these actions has an impact on the City of Bremerton's FY 2014 Annual Budget resulting in the need to amend this Budget document; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Ordinance No. 5235 establishing the City of Bremerton's 2014 Budget as amended by Ordinance No. 5246 is hereby amended as follows: 1 2014 Final Budget Amendment 2014 Budget Amended as Amended by 2014 Fund No. Ord No.5246 Net Adjustments Budget 001 General Fund City Council $ 333,798 $ - $ 333,798 Executive 355,718 (5,200) 350,518 Financial Services 1,390,462 - 1,390,462 Legal 1,047,962 - 1,047,962 Human Resources 463,171 28,259 491,430 Community Development 1,488,959 - 1,488,959 Municipal Court 1,433,194 - 1,433,194 City Auditor 183,168 500 183,668 Law Enforcement 9,966,864 40,000 10,006,864 Fire/Emergency Services 8,570,885 136,455 8,707,340 Police/Fire Pension 2,206,100 - 2,206,100 General Facilities 1,049,652 - 1,049,652 Parks&Recreation 2,746,046 - 2,746,046 Engineering 2,025,255 100,000 2,125,255 Non-Department 2,377,608 504,000 2,881,608 Ending Fund Balance 3,419,651 (192,710) 3,226,941 Total General Fund $ 39,058,493 $ 611,304 $ 39,669,797 101 Arterial Street 260,168 - 260,168 102 Street 3,327,197 420,000 3,747,197 103 Contingency Reserve 514,960 - 514,960 104 Lodging Tax 534,189 - 534,189 105 Parking System 1,530,559 - 1,530,559 106 Community Dev.Block Grant 1,808,871 - 1,808,871 108 Abatement Revolving 267,563 - 267,563 110 Police Special Projects 699,909 - 699,909 113 Public Access.Television 759,612 - 759,612 114 Gift&Donation Fund 87,523 52,321 139,844 116 Tdal Improvement 76,629 - 76,629 117 One Percent For Arts 52,056 - 52,056 120 Conference Center Operating 1,807,738 - 1,807,738 201 Bond Fund 28,990 - 28,990 203 2010 LTGO 621,736 37,155 658,891 204 2010 UTGO/LTGO(B) 1,109,628 - 1,109,628 205 Government Center LTGO 336,187 - 336,187 306 Park Plaza Phase II 94,053 - 94,053 308 General Gov't Capital Improvement 786,552 - 786,552 310 Park Facilities Construction 1,038,996 - 1,038,996 331 Lower Wheaton Way 1,816,857 1,997,228 3,814,085 332 Pacific Avenue Construction 1,757,555 - 1,757,555 333 Conference Center Expansion 592,668 - 592,668 334 Washington Avenue Connector 1,700,000 295,000 1,995,000 401 Water Utility 12,598,717 263,000 12,861,717 404 Water Capital 6,602,553 - 6,602,553 407 Golf Mountain Golf 4,155,402 - 4,155,402 451 Wastewater Utility 16,862,723 - 16,862,723 454 Wastewater Capital 7,824,821 - 7,824,821 481 Stormwater Utility 3,488,402 - 3,488,402 482 Gorst Creek Watershed 101,341 - 101,341 484 Stormwater Capital 2,389,313 - 2,389,313 503 Risk Management 3,432,354 - 3,432,354 506 Employment Security 501,586 - 501,586 507 Accumulated Leave Liability 406,163 - 406,163 509 ER&R-Operations&Maintenance 1,695,400 - 1,695,400 510 ER&R-Reserves 5,358,063 37,578 5,395,641 511 Information Services 1,315,369 - 1,315,369 Total All funds $ 127,400,896 $ 3,713,586 $ 131,114,482 2 2014 Final Budget Amendment SECTION 2. That the totals for the funds noted in Section 1 above are hereby appropriated for the fiscal year 2014. SECTION 3. Severability. If any one 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 4. 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. PASSED by the City Council the day of , 2014 GREG WHEELER, Council President Approved this day of , 2014 PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of , 2014 EFFECTIVE the day of 52014 ORDINANCE NO. 3 2014 Final Budget Amendment CITY OF BRE11itERTON 2014 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE GENERALFUND For the Year Ended December 31,2014 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2014 2014 2014 REVENUES Taxes property $ 7,877,523 S 7,877.523 $ Sales 6,925,588 7,275,588 350,000 Other 7,260,558 7,260,558 Licenses and Permits 961,170 961,170 t.. Intergovermnental 693,866 833,866 140,000 Charges for Services 5,247,027 5,261,027 14,000 Fines and Forfeitures 953,700 953,700 r_ Miscellaneous 219,729 219,779 +50 Tramsfirs In&Other Financing 4,253,506 4,360,760 107,254 Total Revenues 34,392,667 35003,971 _ 611,304 EXPENDITURES PelsonnelExpenses 26,869,235 27,128.894 259,659 Supplies,Services,and Taxes 8,148,686 8,713,986 565,300 Capital Expenditures 117,945 87,000 (30,945) Debt Service 97,976 97,976 Transfers Out&Other 405,000 415,000 101000 Tow Expawau'es 35,638,842 36,442,856 804,014 CHANGES IN FUND BALANCE Net change in fiord balances (1,246,175) (1,438,885) (192,710) Fund Balances-beginning 4,665,826 4,665,826 - Fund Balances-ending $ 3,419,651 $ 3 $ (192,7121 GENERAL FUND EXPENDITURES BY DEPARTMENT City Council $ 333,798 333,798 $ Executive 355,718 350,518 (51200) Financial Services 1,390,462 1,390,462 , Leal Department 1,047,962 1,047,962 - Human Resources 463,171 491.430 28,259 Community Development 1,488,959 1,488,959 - Municipal Court 1,433,194 1,433,194 City Auditor 183,168 183,668 500 Police Department 9,966,864 10,006,864 40,000 Fire Department 8,570,885 8,707,340 136,455 Police&Fire Pension 2,206,100 2,206,100 General Facilities 1,049,652 1,049,652 Parks&Recreation 2,746,046 2,746.046 y Engineering 2,025,255 2,125,255 100,000 Non-Departmental __ 2,377.608 2,881,608 504,000 Total Expenditures $ 351631842 $ 344 56 $ The target ending fund balance Is 8.5%of annual expenditures. The target fund balance for the 2014 budget,as amended,is$3,097.643. The actual ending fund valance after the proposed amendments is$3,225,941,which is higher than the target amount by$129,298.The fmanclal planning goal is to maintain an ending fund valance that meets or exceeds the target levet. FUND 001 CM OF BREMER'CON 2014 ANTICIPATED REVENUES,EXPENDl7URES AND CHANGES IN FUND BALANCE GENERAL FUND For the Year Ended December 31,2014 Buda d Mj=tments- Items Previously Appmved by Council or Financc Caturnme Expenditure-Increase persomrel in Auditor Dept due to 2014 wage adjustment (S00) Revenue-Increase intergovernmental for 1/10th of 1%Mental Hea1W/Chemical Dependency grant 40,000 Expenditure-Increase supplies and services in Police for 1/10th of 1%Meatal Health/Chemical Dependency training (40,000) Expenditure-Increase personnel in Human Resources for changes in personnel (28.259) Expenditure-Increase supplies and services in Non-Dept for additional jail bad days with Kitsap County (252,000) Revenue-Increase imergovamnental in Engineering for Burwell Pedestrian Tunnel grant 100,000 Expenditure-Increase supplies and services in Engineering for Burwell Pedestrian Timm]Projax (100,000) Expenditure-Increase other expenditures for in serf yid loan issued to Park Plaza (10,000) Revenue-Increase other revenue for interftimd loan repayment received 10,000 New Itans Not Previously Aaarnved by Council Expenditure-Reduce personnel in Pension and reallocate to supplies and services 44,000 Expenditure-Increase supplies and Services in Pension reallocated from personnel (44,000) Expenditure-Reduce supplies and services and reallocate to personnel for DRS excess compensation 4,700 Expenditure-Increase personnel in Non-Dept for DRS excess compensation Expenditure-Inca ease supplies and services in Non-Dept for care and custody of prisoners 44, ) Expenditure-Reduce personnel in Finance and reallocate to supplies and services 5,000) 13,000 Expenditure-Increase supplies mid services in Finance reallocated from personnel (15,000) Revenue-Increase transfer-in from Gorst Creek Watershed Fund 482 57,000 Revenue-Increase charges for services in Fire Dept for Fire protection services 14,000 Expenditure-Reduce capital in Fire Department and reallocate to personnel Expenditure- offi Reduce supplies and services in Fire and reallocate to el 30,945 Expenditure-Increase 52,800 personnel in Fire for additional overtime (220,200) Expenditure-Reduce supplies and services in Executive and reallocate to Fire(included above) 5,200 Revenue-Increase miscellaneous revenue for interest comings 50 Revenue-Increase transfer-in from Fund 306 close out 12,500 Expenditure-Reduce supplies and services in General Facilities and reallocate to personnel 65,000 Expenditure-Increase personnel in General Facilities (65.000) Revenue-Increase transfer-in from Water Fund for PILOT(same as 2013) 20,518 Revenue-Increase transfer-in from Stormwater Fund for PILOT(same as 2013) 7,236 Revenue-Increase taxes for additional anticipated sales tax 350,000 Net adjustment to ending fund balance required $ 192,710 FUND 001 CITY OF BREMERTON 2014 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE STREET FUND For the Year Ended December 31,2014 Amended Proposed Adj Requited Mid-Year Year-End From The Budget Budget Amended Budget 2014 2014 2014 REVENUES Taxes Sales Other(parking tax) 500,000 500,000 Licenses and Permits - --Intergovernmental(fuel tax) 1,160,205 1,160,205 Charges for Services 590,000 745,000 155,000 Fines and Forfeitures r _ MiscelIaneous 35,400 35,400 Transfers in&Other Revenue 810,783 1,075,783 265,0000_ Total Revenues _. 3,096,388 _ 3,516,388 420,000 EXPENDITURES Personnel Expenses 1,187,500 1,187,500 - Supplies,Services,and Taxes 1,464,956 1,606,956 142,000 Capital Expenditures 25,000 38,000 13,000 Debt Service _ Transfers Out Total Expenditures 2,677,456 2,832,456 155,000 CHANGES IN FUND BALANCE Net change in find balances 418,932 683,932 265,000 Fund Balances-beginning 230,809 230,809 :t.. Fund Balances-ending $ 649,741 $ X914,7`41 $ 265,000 Budget Adiustments° Items Previpusly Approved by Council New Items Not Previously Approved by Council Revenue-Increase transfer-in from Fund 401 for additional anticipated PILOT 210,000 Revenue-Increase transfer-in from Fund 451 for additional anticipated PILOT 10,000 Revenue-Increase transfer-in from Fund 481 fur additional anticipated PILOT 45,000 Expenditure-Increase capital for sidewalks (13,000) Expenditure-Reduce supplies and services and reallocate to capital for sidewalks 13,000 Expenditure-Increase supplies and services for TBD professional services (155,000) Revenue-Increase charges fur services from TBD 155,000 Net adjustment to ending fund balance required $ 62 5,000 FUND 102 CITY OF BRE MERTON 2014 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE ABATEMENT REVOLVING FUND For the Year Ended December 31,2014 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2014 2014 2014 REVENUES - Taxes Pro1el'ty $ - Sales Other - Licenses and Permits Intergovernmental Chuges for Services 500 500 Fines and Forfeitures 5,000 5,000 Miscellaneous 500 500 - Transfers in Total Revenues 6,000 6,000 - EXPENDITURES Personnel Expenses = - Supplies,Services,and Taxes 42,000 50,000 81000 Capital Expenditures - Debt Service _ Transfers Out = Total Expenditures 42,000 50,000 81000- CHANGES IN FUND BALANCE Net change in fund balances (36,000) (44,000) (8,000) Fund Balances beginning 261,563 261,563 Fund Balances-ending $ 225 SG3 $ 217,563 $ 8,000 Budget Adiustments• New Items Not Previously Amm wed by Council Expenditure-Increase supplies and services for demolition costs more than anticipated (8,000) Net adjustment to ending fimd balance requited $ (8,000) FUND 108 CITY QY BREMIERTON 2014 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE GIFT AND DONATION FUND For the Year Ended December 31,2014 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2014 2014 2014 REVENUES Taxes Property $ Sales Other _ Licenses and Permits _ Intergovernmental Charges for Services - Fines and Forfeitures - Miscellaneous 5,600 57,921 52,321 Transfers in Total Revenues 5,600 57,921 52,321 EXPENDITURES Personnel Expenses _ Supplies,Services,and Taxes 15,100 15,100 Capital Expenditures - 52,321 52,321 Debt Service = _ Transfers Out Total Expenditures 15,100 _67,421 52,321 CHANGES IN FUND BALANCE Net change in fiord balances (9,500) (9,500) - Fund Balances-begimring 91,923 81,923 Fund Balances-ending $ 72,423 $ Budget Adjustments; New Items Previously A_wmved byCouncil Revenue-Increase miscellaneous Parks revenue from private donation 52,321 Fxperiftre-Increase capital in Parks for Senior Center parking lot paving (52,321) Net adjustment to ending find balance required $ FUND 114 CITY OF BREMERTON 2014 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE 2010 LTGO For the Year Ended December 31,2014 Amended Proposed Adj Required Mid-Year Year6End From The Budget Budget Amended Budget REVENUES 2014 2014 2014 Taxes Property $ $ $ Sales 330,000 330,000 Other _ Licenses and Permits - Intergovernmental 109,826 109,826 - Charges for Services Fines and Forfeitures _ Miscellaneous 1,000 1,000 Transfers in 62,845 100,000 37,155 Total Revenues 503,671 540,826, 37,155 EXPENDITURES Personnel Expenses _ - Supplies,Services,and Taxes Capital E xpenditures Debt Service 548,695 548,695 Transfers Out _ Total Expenditures 548,695 548,695 CHANGES IN FUND BALANCE Net change in fiord balances (45,024) (7,869) 37,155 Fund Balances-beginning 118,065 118,065 - Fund Balances-ending $�73�041 $ 110,196 $ 37155 Bed¢et Adiustments- New Items Not ftviously Approved by Council Revenue-Increase transfer-in from Fund 308 37,155 Net adjustment required to the ending fiord balance $ — 37,155 FUND 203 CITY OF BREMERTON 2014 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE 2010 UTGO/LTGO(B) For the Year Ended December 31,2014 Amended Proposed Adj Required Mid--Year Year-End From The Budget Budget Amended Budget REVENUES 2014 2014 2014 Taxes Property $ 860,000 $ 860,000 $ _ Sales Other Licenses and Permits - - _ I�ergoveramental 34,322 34,322 Charges for Services - _ Fines and Forfeitures Miscellaneous 900 900 Transfers in 189,473 18j473 Total Revenues 1,084,695 1,084,695 EXPENDITURES Personnel Expenses Supplies,Services,and Taxes Capital Expenditures _ Debt Service 1,061,867 1,063,117 1,250 Tzansfers Out - Total Expenditures 1,061,867 1,063,117 1,250 CHANGES IN FUND BALANCE Net change in fiord balances 22,828 21,578 (1,250) Fund Balances-beginning 24,933 24,933 Fund Balances-ending $ $ 4b,51ll $ (1,250) Budget Adlustments• New Items Not PreviouslyApproved by Council Expenditure-Increase debt service for debt service mpstrdion costs (1,250) Net adjustment required to the ending fiord balance $ (1,250) FUND 204 CITY OF BREMERTON 2014 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE PARK PLAZA PHASE 11 For the Year Ended December 31,2014 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2014 2014 2014 REVENUES Taxes /Sales Othe Licenses and Permits 4,500 4,500 Charges for Services _ Fines and Forfeitures Miscellaneous Transfers in,!t Other Revenue 50,000 50,000 -- Total Revenues 54,500 54,500 _ EXPENDITURES Personnel Expenses Supplies,Services,and Taxes _ Capital Expenditums 91000 6,453 (2,547) Debt Service 65,050 75,100 10,050 Transfers Out 12.500 12,500 Total Expenditures 74,050 94,053 20,003 CHANGES IN FUND BALANCE Net change in fund balances (19,550) (39,553) (20,003) Fund Balances-beginning 39,553 39,553 Fund Balances-ending $� 20,003 $ - $ 20,003 Budget Adiustmentu- Items Not Previously Approved by Council Expenditure-Increase mterfimd loan payment to General fiord Rgmditure-Reduce capital for professional services (10,000) 2,547 Expenditare-Increase transfer-out to close out fiord to General Fund (12,500) Expenditure-Increase debt service for mterfimd loan mter+est (50) Net adjustment required to the ending fimd balance $ (20,003) FUND 306 CITY OF BREMERTON 2014 ANTICIPATED REVENUES,EXPENDrI URES AND CHANGES IN FUND BALANCE GENERAL GOVERNMENT CAPITAL BeROVEMENT FUND For the Year Ended December 31,2014 Amended Proposed Adj Required Mid-Yeas Year-End From The Budget Budget Amended Budget REVENUES 2014 2014 2014 Taxes Property $ - $ - $ Sales _ - Other(Real Estate Excise Taxes) 420,000 420,000 Licenses and Permits - - Intergovernmental - Charges ibr Services - - Fines and Forfeitim - _ Mrscelianeous 850 950 Transfers in&Other Revenue - Totel Revenues 420,850 420,830 EXPENDITURES Personnel Supplies,Services. d TaxesCapital -- Debt Service ce TransfarsOut 472,865 51Q020 37,155 Total Expenditures 472,865 510,020 37,155 CHANGES IN FUND BALANCE Net cbange in f and balances (52,015) (89,170) (37,155) Fund Balances-beginning 365,702 365,702 Fund Balmmes-ending $ 313,687 $ 276,532 $ —7,15 Budget Adios New Items Not Bmdo *ApMQydby Council Fxpendita e-Increase transfer-out to flmd 203 for Um debt service reserve balance (37,155) Net adjustment required to the ending fund balance $ (17.155) FUND 308 CITY OF BREMERTON 2014 ANTICIPATED REVENUES,EXPENDMJRES AND CHANGES IN FUND BALANCE LOWER WHEATON WAY For the Year Ended December 31,2014 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2014 _ 2014 ' 2014 REVENUES Taxes Property $ Sales _ Other Licenses and Permits _ Intergovernmental 1,272,812 2,019,520 746,708 Charges for Services Fines and Forfeitures Miscellaneous _ Transfers in 250,000 _ 1,500,520 1,250,520 Total moues 1,522,812 3,520,040 1,997,228 EXPENDITURES Personnel Expenses _ . Supplies,Services,and Taxes - _ Capital Expenditures 1,810,877 3,771,987 1,961,110 Debt Service _ Transfers Out _ Total Expenditures 1,810,877 3,771,987 1,961110 CHANGES IN FUND BALANCE Net change in worldng capital (288,065) (251,947) 36,118 Fund Balances-beginning working capital 294,045 294,045 Fund Balances-ending working capital $ 5,980 $ 42 098 $ 36,118 liiudeet Adieatoments: Items Previously Amwoved by Council New Ids 139t Previously Aaoroved by Council Expenditure-Increase capital to reflect total project budget remaining (1,961,110) Revenue-Increase transfer-in from Find 404 for utility portion of project 93,398 Revenue-Increase transfer-in firm Fund 454 for utility portion of project 469,704 Revenue-Increase transfer-in from Fund 484 for utility portion of project 687,418 Revenue-Increase intergovernmental for TIB amendment 746,708 Net adjustment required to the ending fund balance $ 36,118 FUND 331 City of Bremerton 2014 ANTICIPATED REVENUES,EXPENDrnMS AND CHANGES IN FUND BALANCE WASHINGTON AVE CONNECTOR FUND For the Year Ended December 31,2014 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2014 2014 2014 REVENUES -- Taxes $ $ - $ Property Sales _ Other _ Licenses and Permits Intergovernmental 1,700,000 1,700,000 .- Charges for Services _ Fines and Forfeitures Miscellaneous Transfers in dt Other Revenue _ 295,000 2T 9� 5 ,000 Total Revenues 1,700,000 1,995.000. 295,000 EXPENDITURES Personnel Expenses _ - Supplies,Services,and Taxes _ Capital Expenditures 1,700,000 1,995,000 295,000 Debt Service _ t- Thansfers Out Total Expenditures 1, 007 ,000l� ,995,000 295,000 CHANGES IN FUND BALANCE Net change in fimd balances = Fund Balances-beginning Fund Balances-ending $ $ Budget Adlustments• a Items Not Previously Awved by Council Revenue-Increase transfer-m from Water Capital for utility portion ofproject 50,000 Revc=-Increase transfer-in from Wastewater Capital fbr utility portion of project 200,000 Revenue-Increase transfer-in from Stormwater Capital for utility portion of project 45,000 Expenditure-Increase capital for utility portion of project (295,000) Net adjustment required to the ending fund balance $ FUND 334 City of Bremerton 2014 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES 1N FUND BALANCE WATER UTILITY For the Year Ended December 31,2014 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services 9,980,584 10,180,584 200,000 Fines and Forfeitures 20,000 20,000 - Miscellaneous 359,219 399,219 40,000 Transfers in&Other Revenue - 23,000 23,000 Total Revenues 10,359,803 10,622,803 263,000 EXPENDITURES Personnel Expenses 3,641,300 3,641,300 - Supplies,Services,and Taxes 3,878,534 3,878,534 - Capital Expenditures - - - Debt Service 865,883 888,883 23,000 Transfers Out 1,713,806 1,990,546 276,740 Total Expenditures 10,099,523 10,399,263 299,740 CHANGES IN WORKING CAPITAL BALANCE Net change in working capital 260,280 223,540 (36,740) Fund Balances-beginning working capital 2,238,914 2,238,914 - Fund Balances-ending working capital $ 2,499,194 $ 2,462,454 $ (36,740) Budget Adjustments: New Items Not Previously Approved by Council Revenue-Increase charges for services for additional timber sales 200,000 Revenue- Increase miscellaneous for special assessment(LID)payments 40,000 Revenue- Increase other revenue due to bond proceeds 23,000 Expenditure-Increase debt service for additional debt issue costs (23,000) Expenditure- Increase transfer-out to General Fund for additional PILOT(same as 2013) (20,518) Expenditure-Increase transfer-out to Street Fund for additional anticipated PILOT (210,000) Expenditure-Increase transfer-out to Utility Debt Reserve Fund 499 (46,222) Net adjustment required to the ending fund balance $ (36,740) FUND 401 CITY OF B EMERTON 2014 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE WATER CAPITAL For the Year Ended December 31,2014 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ Sales Other -_ Licenses and Permits _ Intergovernmental _ Charges for Services Fines and Forfeitures Miscellaneous 5,200 5,200 Transfers in&Other Revenue __2,769,407 2,769,407 - Total Revenues 2,774,607 2,774,607 — EXPENDITURES Personnel Expenses Supplies,Services,and Taxes - 1,193,000 1,193,000 CapiW Expenditures 5,033,000 3,696,602 (1,336,398) Debt Service _ Transfers Out 50,000 193,398 _ 143,398 Total Expenditures 5,093,000 5,083,000 - CHANGES IN WORKING CAPITAL BALANCE Net change in working capital (2,308,393) (2,308,393) = Fund Balances-beginning working capital 3,827,946_ 3,927,946 Fund Balances-ending working capital $ 1 19 553 $ 1 19 SR 53 $ Bu et Ad' eats• Items hniomuscil New Items Not Previously A.pgwved by Council Expenditure-Reduce capital and reallocate to transfer-out to WA Ave Connector Fund 334 50,000 Expenditure-Increase transfer-out to WA Ave Cormector Fund 334 (50,000) Expenditure-Reduce capital and reallocate to transfer-out to Lower Wheaton Way Fund 331 93,398 Expenditure-Increase transfer-out to Lower Wheaton Way Fund 331 (93,398) Expenditure-Reduce capital and reallocate to supplies&services for projects categorized as major maint. 1,193,000 Expenditure-Increase supplies and services reallocated fMm capital (1,193,000) Net adjustment required to the ceding fund balance $ FUND 404 CITY OF BREMERTON 2014 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE GOLD MOUNTAIN GOLF COMPLEX For the Year Ended December 31,2014 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2014 2014 2014 REVENUES Taxes Property $ - Sales Other = - Licenses and Permits Intergovernmental Charges for Services 3,997,074 3,997.074 Fines and Forfeitures - - Miscellaneous 200 200 Transfers in - Totisi Revenues 3,-M,274 3,997,274 - EXPENDITURES Personnel Expenses Supplies,Services,and Taxes 3,556,430 3,504,543 (51,887) Capital Expenditures 105,000 105,000 Debt Service 415,294 467,181 51,887 Transfers Out - _ Total Expenditures 41076,724 4,076t724 ;124 — - CHANGES IN FUND BALANCE Net change in working capital (79,450) (79,450) Fund Balances-beginning worldng capital 158,128 158,128 - Fund Balances-ending working capital $X78,6779 $ ----A8.679 $ Budget Adlastments• Items Not Previously Ap,mud by Council Expenditure-Reduce supplies and services and reallocal a to debt service for h terfund loan payment 51,887 Expenditure-Increase debt service for interfund loan payment (51,887) Net adjustment required to the ending fund balance $ _ FUND 407 CITY OF BREMERTON 2014 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE WASTEWATER UTILITY For the Year Ended December 31,2014 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales 19,696 19,696 - Other 3,248 3,248 - Licenses and Permits - - - Intergovernmental - - - Charges for Services 13,549,486 13,549,486 - Fines and Forfeitures 19,000 19,000 - Miscellaneous 8,322 8,322 - Transfers in&Other Revenue - - Total Revenues 13,599,752 13,599,752 - EXPENDITURES Personnel Expenses 2,694,200 2,694,200 - Supplies,Services,and Taxes 4,302,426 4,302,426 - Capital Expenditures 132,000 132,000 - Debt Service 3,016,091 3,016,091 - Transfers Out 3,621,400 5,013,604 1,392,204 Total Expenditures 13,766,117 15,158,321 1,392,204 CHANGES IN FUND BALANCE Net change in working capital (166,365) (1,558,569) (1,392,204) Fund Balances-beginning working capital 3,262,971 3,262,971 - Fund Balances-ending working capital $ 3,096,606 $ 1,704,402 $ (1,392,204) Budget Adjustments: New Items Previously Approved by Council New Items Not Previously Approved by Council Expenditure-Increase transfer-out to Street Fund for additional PILOT (10,000) Expenditure-Increase transfer-out to Utility Debt Reserve Fund 499 (1,382,204) Net adjustment required to the ending fund balance $ (1,392,204) FUND 451 CITY OF¢REMERTON 2014 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE WASTEWATER CAPITAL For the Year Ended December 31,2014 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2014 2014 2014 REVENUES "—'-- Taxes Property $ - $ $ - Sales Other _ Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures = _ Miscellaneous 2,300 2,300 Transfers in 8t Other Revenue 6,413,000 6,413,000 Total Revenues 6,415,300 6,415,300 - EXPENDITURES Persamnel Expenses - Supplies,Services,and Taxes - 270,000 270,000 00 5 Capital Expenditures 6,255,0 ,315,296 (939,704) Debt Service - _ Tamers curt1� 69,0 829,704 669,704 Total Expenditures 6,415,000 6,415,000 CHANGES IN FUND BALANCE Net change in working capital 300 300 Fund Balances-beginning working capital 1,409,521 19,521 Fund Balances-ending working capital $ 1_� $ 1,409,821 $ Budget Aftstmemts• Items Previously ARRMnd Council Now Items Not Previously Aonroved by Council, Expenditure-Reduce capital and reallocate to supplies far projects categorized as major maim- 270,000 Expenditure-Increase supplies and services reallocated from capital (270,000) EVendit=-Reduce capital and reallocate to transfers-out to Lower Wheaton Way Fund 331 469,704 Expenditure-Increase transfers-out to Lower Wheaton way Fund for utility portion of project (469,704) Expenditure-Reduce capital and reallocate to transfers-out to WA Ave Connector Fund 334 200,000 Expenditure-Increase W=fers-ourt to WA Ave Connector Fund for utility portion of project (200,000) Net adjustment required to the ending fund balance $ FUND 454 CM OF BREMERTON 2014 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE STORMWATER UTILITY For the Year Ended December 31,2014 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2014 20I4 2014 REVENUES Taxes property $ _. $ $ Sales Other Licenses and Permits _ Intergovernmental _ Charges for Services 2,351,760 2,351,760 - Fines and Forfeitures 1,900 1,900 =. hascellaneous 500 500 -. Transfers in&Other Revenue = _ Total Revenues 2,354,160 2,354,160 - EXPENDITURES Personnel Expenses 867,200 867,200 - Supplies,Services,and Taxes 627,972 787,972 160,000 Capital Expenditures Debt Service 14,204 14,204 Transfers Out 637,939 690,175 52,236 Total Expenditures 2,147,315 2,359,551 212,236 CHANGES IN FUND BALANCE Net change in wanking capital 206,845 (5,391) (212,236) Fund Balances-beginning working capital 1,134,242 1,134,242 - Fund Balances-ending working capital $ 1,341,087. $ 191�28r851 $ Budget Ad OMRtnts: Items Previously Anoroved by,Council New Items Not Previoustf AM oved by Council Expenditure-Increase supplies and services for interfimd professional services (160,000) Expenditure-Increase transfers-out to General Fund for PILOT(same as 2013) (7,236) Expenditure-Increase transfers-Out to Street Fund for additional PILOT (45,000) Net adjustment required to the ending fund balance $ 2 21,236 FUND 481 CITY OF BREMERTON 2014 ANTICIPATED REVENUES,ENPENDITURES AND CHANGES IN FUND BALANCE GORST CREEK WATERSHED For the Year Ended December 31,2014 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget REVENUES 2�, 2014 2� 014 Taxes Property $ Sales _ Other Licenses and Permits Intergovernmental 239686 23,686 - Charges for Services - Fines and Forfeitures Miscellaneous Transfers in Total Revenues 23,686 23,686 — - EXPENDITURES Personnel Expenses - _ Supplies,Services,and Taxes 99,574 44,341 (55,233) Capital Expenditures Debt Service s_ Transfers out 57,000 57,000 Total Expenditures 99,574 101,341 1,767 CHANGES IN FUND BALANCE Net change in working capital (75,888) (77,655) (1,767) Fund Balance-beginning working capitol 77,655 77,655 0 Fund Balances-ending working capital $ 1,767 $ $ �6 HPAEet Adiagbments: Items Previously Approved by Council New Items Not Previously ApM ed by y Cgmcil Expenditure-Decrease supplies and services and reallocate a portion to trensfers-out in order to close out fund 55,233 Expenditure-Increase tmnsfm out to General Fund (57,000) Net adjustment required to the ending fund balance $ (1,767) FUND 482 CITY OF BREMERTON 2014 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE STORMWATER CAPITAL For the Year Ended December 31,2014 Amended Proposed Adj Required Mid-Year Year End From The Budget Budget Amended Budget 2014 2014 2014 REVENUES Taxes Ply $ - $ $ Sales Other Licenses and Permits - Irrtergovernme�al 120,000 120,000 Charges for Services - Fines and Forfeitures - - -_ Miscellaneous 4,200 4,200 Transfers in&Other Revenue 229,290 229,290 Total Revenues 353,490 353,490 - EXPENDITURES Personnel Expenses - - Supplies,Services,and Taxes -_ - Capital Expenditures 1,420,000 687,582 (732,418) Debt Service - Transfers Out - 732,418 732,418 Total Expenditures 1,420,000 1,420'000 - CHANGES IN FUND BALANCE Net change in working capital (1,066,510) (1,066,510) _ Fund Balances-beginning working capital 2,035,823 2,035,823 Fund Balances-ending working capital $ 969,313 $ %9,313 $ Budat AdlraMents: Imms Previously Auuroved by Council New Items Not Previously Approved by Co tmcil Expenditure-Reduce capital and reallocate to transfers-out to Lower Wheaton Way Fund 331 687,418 Expenditure-Increase transfers-out to Lower Wheaton Way Fund 331 for utility portion of project (687,418) Expenditure-Reduce capital and reallocate to tansfiets-out to WA Ave Connector Fund 334 45,000 Expenditure-Increase transfers-out to WA Ave Connector Fund 334 for utility portion of project (45,000) Net adjustment required to the ending fund balance $ - FUND 484 CITY OF BREMERTON 2014 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE EQUIPMENT RENTAL RESERVE-OPERATIONS AND MAINTENANCE For the Year Ended December 31,2014 Amended Proposed A41 Required Mid-Year Year-End From The Budget Budget Amended Budget 2014 2014 2014 REVENUES Taxes Property $ - $ _ $ Sales Other Licenses and Permits Intergovernmental Charges for Services 1,493,342 1,493,342 Fines and Forfeitures . Miscellaneous I,300 1,300 - Transfers in&Other Financing _ Total Revenues 1,494,642 1,494,642 - EXPENDITURES Personnel Expenses 464,700 472,200 7,500 Supplies,Services,and Taxes 1,057,668 1,097,668 40,000 Capital Expenditures - - Debt Service Transfers Out Total Expenditures 1,522,368 1,569,868 47.500 CHANGES IN FUND BALANCE Net change in working capital (27,726) (75,226) (47,500) Fund Balances-begiming working capital 200.758 200,758 = Fund Balances-ending working capital $X173-03.2 $ 125 532 $ Budget Adinstmeats• New Items Not Previously Approved by Council Expenditure-Increase personnel due to 2014 wage adjustment,certification pay and changes in distributions (7,500) Expenditure-Increase supplies and services for equipment repair and maimtea$nce (40,000) Net adjustment to ending fiord balance required $ 47 500 FUND 509 CITY OF BREMERTON 2014 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE EQUIPMENT RENTAL RESERVE-RESERVES For the Year Ended December 31,2014 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budge 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 35,000 35,000 - Transfers in&Other Financing 65,887 103,465 37,578 Total Revenues 100,887 138,465 37,578 EXPENDITURES Personnel Expenses - - Supplies,Services,and Taxes - Capital Expenditures 830,800 830,800 - Debt Service - - Transfers Out&Other 115,000 115,000 - Total Expenditures 945,800 945,800 - CHANGES IN FUND BALANCE Net change in working capital (844,913) (807,335) 37,578 Fund Balances-beginning working capital 5,257,176 5,257,176 - Fund Balances-ending working capital $ 4,412,263 $ 4,449,841 37,578 Budget Adjustments: New Items Previously Approved by Council New Items Not Previously Approved by Council Revenue- Increase other revenue for interfund loan repayment received 37,578 Net adjustment required to the ending fund balance $ 37,578 FUND 510 CITY OF BREMERTON 2014 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE INFORMATION SERVICES For the Year Ended December 31,20 t4 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services 1,092,163 1,092,163 - Fines and Forfeitures - - - Miscellaneous - - - Transfers in - - - Total Revenues 1,092,163 1,092,163 - EXPENDITURES Personnel Expenses 518,000 518,000 - Supplies,Services,and Taxes 574,482 574,482 Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures 1,092,482 1,092,482 - CHANGES IN FUND BALANCE Net change in working capital (319) (319) - Fund Balances-beginning working capital 223,206 223,206 Fund Balances-ending working capital $ 222,887 $ 222,887 $ - Budy-et Adiustments: Items Previously Approved by Council Expenditure-Increase personnel due to 2014 wage adjustment and desk audit (8,000) Net adjustment required to the ending fund balance $ (8,000) FUND 511 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee� SUBJECT: Interlocal Stormwater Study Session Date: December 10, 2014 Agreement Between the Port of Bremerton COUNCIL MEETING Date: December 17, 2014 and the City of Bremerton Department: Public Works & Utilities Presenter: Martin Phone: 473-5758 SUMMARY: This interlocal agreement, allows the Port to retain 87.5% of its monthly Stormwater assessment to provide funding for operation, maintenance, regulatory compliance, development and expansion of its stormwater infrastructure. The City will bill the Port 12.5% of the monthly Stormwater bill to cover administration and oversight costs associated with the City's NPDES Permit. The Port shall maintain a separate Stormwater account to track and document both revenues and expenditures of these funds. The City may, from time to time, request documentation to verify that expenditures from Stormwater funds were used for Stormwater related purposes. ATTACHMENTS: Agreement FISCAL IMPACTS (Include Budgeted Amount): This agreement is retroactive to April of 2009. An outstanding balance of$785,123.28 will be written off the account STUDY SESSION AGENDA: © No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal Agreement between the Port of Bremerton and the City of Bremerton, and authorize the Mayor to finalize and execute the Interlocal Agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 STORMWATER INTERLOCAL AGREEMENT BETWEEN THE CITY OF BREMERTON AND THE PORT OF BREMERTON THIS AGREEMENT,pursuant to RCW 39.34, is between the City of Bremerton (hereinafter referred to as "City") and the Port of Bremerton (hereinafter referred to as"Port"). WHEREAS, the City enacted Chapter 15.04 of the Bremerton Municipal Code establishing the Stormwater Management Program (SWMP) for the purpose of establishing a comprehensive approach to surface and stormwater management pursuant to RCW 35.67.030; and WHEREAS, the City operates a Municipal Separate Storm Sewer System(MS4), which is permitted by the Washington State Department of Ecology(Ecology)pursuant to its authority to license MS4s in accordance with the National Pollution Discharge Elimination System (NPDES)requirements under the federal Clean Water Act; and WHEREAS, the Port operates and maintains its own stormwater system and regional stormwater facility that provides proactive,protective and responsive activities to protect waters of the State pursuant to an Industrial Stormwater General Permit, also issued by Ecology in accordance with the Clean Water Act; and WHEREAS,the Port's property lies within the corporate boundaries of the City; and WHEREAS, it is mutually beneficial for the City and the Port to enter into an agreement that addresses the program elements outlined in the City's NPDES Permit, Stormwater Management Program and provisions of the City Stormwater Management code set forth in Chapter 15.04 BMC; and WHEREAS,the Port is assessed Stormwater fees for impervious hard surfaces in its area of responsibility at the current City published rates in accordance with 15.06.015 BMC; and WHEREAS, the City recognizes the Port has the necessary resources to operate, maintain, construct and expand its stormwater system; and further, the City recognizes the Port is geographically separated from the City's primary MS4 facilities; and WHEREAS, it is the Port's intention to fund its own stormwater account from the funds retained pursuant to this agreement; and WHEREAS,mutual benefits will accrue to the parties hereto in the cooperative development, maintenance, operation and construction of stormwater control facilities; Storm water ILA 1 NOW,THEREFORE, in consideration of the mutual covenants herein contained,the City and the Port agree as follows: A. Purpose. This agreement, applies retroactively to April 1, 2009 allowing the Port to retain 87.5% of its established monthly Stormwater assessment("Retained Funds")to provide funding for operation, maintenance, regulatory compliance, development and expansion of its stormwater infrastructure. The City will bill the Port 12.5% of the monthly Stormwater assessment established for the Port(as currently established and hereinafter adjusted pursuant to City policies and procedures for establishing and adjusting rates)to cover administration and oversight costs associated with the City's NPDES Permit. The Port shall maintain a separate Stormwater account for the Retained Funds to track and document both revenues and expenditures of these funds. The City may, from time to time, request documentation to verify that expenditures from the Retained Funds were used for Stormwater related purposes. B. Port Duties. The Port will: 1) Renew its Industrial Stormwater Permit and comply with the provisions of that permit. 2) Maintain an accurate Stormwater Pollution Prevention Plan(SWPPP)and update as build-out occurs. 3) Maintain and update Stormwater Operations and Maintenance Program and Manual in compliance with 15.04 BMC and adopted Stormwater manuals and maintenance standards. 4) Maintain and operate stormwater collection, conveyance and treatment facilities in compliance with 15.04 BMC and adopted Stormwater manuals and maintenance standards. 5) Maintain the entrance to the Port, at Imperial Way at Highway 3, in accordance with past practices including: mowing, garbage collection and disposal,pruning of trees and maintaining general aesthetics. 6) Protect,preserve and maintain stormwater Low Impact Development(LID) features and facilities in accordance with current standards and shall not eliminate or modify existing LID without written approval from the City. 7) Prepare and implement a Permanent Stormwater Control Plan (Plan), as defined in the current Stormwater Management Manual for Western Washington,Volume I—Minimum Technical Requirements and Site Planning, for stormwater facilities servicing Owner's property. Beginning January 1, 2017, development and redevelopment must meet the requirements of the Low Impact Development(LID)Manual and City Standards. The Plan shall be kept on-site and available for inspection by City Staff during normal business hours. 8) Provide a permanent Stormwater Control Plan and Stormwater Pollution Prevention Plan(SWPPP). 9) Provide an annual maintenance report for stormwater facilities by May 30 of each year. 10) Provide an updated stormwater facility map, showing stormwater collection system and appurtenances including but not limited to: pipes, catch basins, treatment devices, ponds, open ditches, control structures and flow direction. 11) Make all water quality data available to the City. Stormwater ILA 2 12) Utilize impervious hard surface unit(IHSU) calculations from May, 2014 for future Stormwater billing and adjust as build out or modification occurs. 13) Utilize the existing process and procedures for determining IHSU's, as those procedures may be modified in the future. 14) Provide the City access to and inspection of stormwater facilities as defined in 15.04 BMC. 15) Create a separate stormwater account from the Retained Funds for the purpose of funding operation, maintenance, regulatory compliance, development and expansion of its stormwater infrastructure . C. City Duties. The City will: 1) Credit previous monthly stormwater assessment payments made by the Port to the City since April 1, 2009 in the amount of 87.5%of the Port's monthly stormwater assessment since April 1, 2009 until such time as a zero balance is achieved. 2) Bill the Port utilizing the City's established utility assessment and billing process to collect the 12.5% administration and oversight fee thereafter. D. NPDES Stormwater Permit Coordination. Coordination between the City and the Port is necessary to meet the requirements of the City's NPDES Phase II Stormwater Permit. Until such time that the Port becomes a Secondary Permitee, the parties agree to support and coordinate efforts with the following components that include: 1) Public Education and outreach. The city will provide materials such as brochures and the Port will distribute to its tenants. The Port will ensure that businesses located within its jurisdiction comply with City codes and adopted manuals to protect surface and ground waters of the State. 2) Public Involvement and Participation as opportunities occur. 3) Illicit Discharge Detection and Elimination. Coordinate with the City to allow access and support to locate, document, sample and eliminate illicit connections as needed. If one is found or suspected the City will work with the Port to identify and eliminate the connection. 4) Construction Site Stormwater Runoff Control as required by City codes, Stormwater Management Manual for Western Washington(current edition) and associated permits. 5) Post-Construction Stormwater Management for New Development and Redevelopment as required by City codes, Stormwater Management Manual for Western Washington (current edition) and associated permits. 6) Pollution Prevention and Good Housekeeping for Municipal Operations. The SWPPP and individual business oversight and inspections. 7) Compliance with Total Maximum Daily Load Requirements (TMDL). Should a Union river TMDL be put in place the Port agrees to comply with all specifically-tasked Ecology requirements. The City will assist as requested,providing staff is available. 8) Monitoring and Assessment as required. 9) Reporting Requirements as defined in this ILA and required by the Port's Industrial Stormwater General Permit, or other permits. Storinwater ILA 3 In the event that the Port becomes a Secondary Permitee to the City's NPDES Stormwater Permit, the requirements identified in that permit will take precedence. E. Stormwater Control Facilities. The Port shall design, operate, maintain and construct stormwater quantity and quality control facilities, including the use of Low Impact Development design practices to the extent possible, at the Port's industrial complex known as Olympic View Industrial/Business Park and at the Bremerton National Airport. F. Eligible Expenses. I) Stormwater funds shall be used to support the design, operation(including permitting requirements), maintenance, and construction of existing or new stormwater infrastructure in compliance with City code and the Stormwater Management Manual for Western Washington. 3) Costs associated with the development of conceptual stormwater management studies; preliminary engineering plans and analyses, final engineered construction plans, specification, and estimates (PS&E), construction of regional stormwater quantity and quality control facilities, including construction management costs shall be eligible expenditures. 2) All capital improvements utilizing Retained Funds must have the prior approval of the City's Director of Public Works &Utilities, or designee,before expenditures are made on the improvements. G. Nondiscrimination. The Port and the City shall comply with all applicable local, state, and/or federal laws and ordinances, and agrees that they shall not be discriminate in their employment practices or delivery of services or other activities on the grounds of race, color, religion, national origin, age, sex, marital status,veteran status, sexual orientation, or the presence of any sensory, mental, or physical handicap. The Port shall ensure that any contractor shall fully comply with this paragraph. H. Compliance with Laws. The Port and the City shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations applicable to the performance of the Agreement. The Port and the City agree to comply with the provisions of the Americans with Disabilities Act and regulations interpreting or enforcing such act. I. Indemnity. Both the Port and the City agree to indemnify and hold harmless one another, their officers and employees from and against any and all liability, loss, costs, expenses, claims, or damages, known or unknown, to persons or property arising or alleged to have arisen directly or indirectly out of, or in any way connected with, the negligent acts, errors, or omissions of either parties' officers, employees, agents, contractors, or subcontractors for work performed under this Agreement. Stormwater ILA 4 J. Amendment to Agreement. The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. K. Modification for Funding Reasons. The City or Port may negotiate modification of this Agreement at any time. L. Termination. Either party to this Agreement may elect to terminate the Agreement for any reason(such reason to be identified)by delivery of a thirty(30) day written notice of intent to terminate to the other party. In the event of such termination,the City shall have the right to bill the Port the entire Stormwater rate until a new agreement is accepted. M. Duration of Agreement. This Agreement shall be in effect as long as the Port operates,maintains and holds ownership of its own stormwater facilities, or until terminated if terminated pursuant to Section L above. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. CITY OF BREMERTON PORT OF BREMERTON Patty Lent, Mayor Date: Date: ATTEST: Shannon L. Corin, City Clerk APPROVED AS TO FORM: Roger Lubovich, City Attorney RALega1\Lega1\Contracts\PU13LIC WORKS\Stormwater ILA-City and Port-Final.doc Storm water ILA 5 From: Christine Grenier on behalf of City Council Sent: Thursday, December 11, 2014 10:26 AM To: City Council Subject: Study Session Follow-Up (Stormwater Interlocal Agreement with Port of Bremerton) Attn: Council Members(FYI) From: Chal Martin Sent:Thursday, December 11, 2014 8:19 AM To: City Council Cc: Patty Lent; Cathy Johnson; Milenka Hawkins-Bates; Roger Lubovich; Kathleen Cahall; Chance Berthiaume Subject: Stormwater Agreement with Port of Bremerton -question from last night Ladies and Gentlemen,the Port Commissioners unanimously approved the interlocal at the Port's meeting on November 25th. Chal Chal A. Martin, P.E. Director, Public Works and Utilities Department City of Bremerton (360)473-5758/(360)473-5018 Fax chal.martin@ci.bremerton.wa.us 1 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr� SUBJECT: Additional Rate Advancement Study Session Date: December 10, 2014 Tom Knuckey COUNCIL MEETING Date: December 17, 2014 City Engineer Department: Public Works Public Works & Utilities Dept. Presenter: Chal Martin Phone: 473-5758 SUMMARY: BMC 2050.32(b)(2)states that those employees who receive a rating that exceeds the rating "meets expectations"(or equivalent) may be eligible to receive an additional salary rate advancement for an increase of one additional rate in the same salary band, if available, above the initial rate advancement provided in subsection (b)(1). Mr. Knuckey's current salary is $115,339(Band 20, Rate 5). This proposal would increase his salary by$2,883(one pay step). Mr. Knuckey's last pay step was an annual step increase in October 2014. Mr. Knuckey moved into the City Engineer position with only the minimum step increase. Mr. Knuckey received an"exceeds expectations" rating on his annual performance evaluation which was conducted in September 2014, and Mayor Lent is recommending Mr. Knuckey be awarded the additional step increase effective January 1, 2015. Over the past two years, under Mr. Knuckey's leadership, the Engineering Division has delivered a series of important infrastructure improvement projects which have increased quality of life for Bremerton citizens, including E. 11th street improvements in Manette; completion of Pacific Avenue improvements from 6th street to Evergreen Park; Chevron site restoration for the 9-11 Memorial; 4th and 5th street improvements near Kiwanis park; replacement of a critical section of the cross-town sewer pipeline; replacement of the Warren Avenue water main; addition of a new stormwater trunk line on Lower Wheaton Way; overlay of Belfair Valley Road and Lake Flora Road; reconstruction of Sheldon Boulevard, and 4th and Park streets reconstruction near the new theater. In addition, Mr. Knuckey and his staff continue to move forward on the reconstruction of Lower Wheaton Way and a critical, key segment of Washington Avenue—both projects essential to achieving the"Bridge to Bridge" urban pedestrian corridor vision. Also, Mr. Knuckey took personal lead on the complicated and administratively-challenging Burwell Entrance Gate project, in partnership with the Navy, successfully shepherding this project through the critical initial-agreement phase. Finally, Mr. Knuckey personally wrote the grant agreements that successfully competed for$1,384,000 of federal funding to overlay Austin Drive and improve safety at several crosswalk locations throughout the City. FISCAL IMPACTS (Include Budgeted Amount): There are sufficient funds in the 2015 budget to cover the increase in salary; therefore, no amendment is needed. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve an additional rate advancement for Tom Knuckey, City Engineer, Public Works & Utilities Department, and authorize the Mayor to finalize and execute the increase. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 AGENDA BILL 44 CITY OF BREMERTON CITY COUNCIL SUBJECT: Lease Agreement with United Study Session Date: December 10, 2014 States of America regarding Historic COUNCIL MEETING Date: December 17, 2014 Building 50 (Puget Sound Navy Museum) Department: City Attorney's Office Presenter: Amanda Harvey Phone: 473-2345 SUMMARY: The proposed lease extends the current lease with the United States of America for the Historic Building 50 (Puget Sound Navy Museum). ATTACHMENTS: Proposed lease. FISCAL IMPACTS (Include Budgeted Amount): No budget impact. STUDY SESSION AGENDA: ❑ No Presentation ® Full Presentation STUDY SESSION ACTION: © Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Lease for Real Property with United States of America regarding Historic Building 50 and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 STANDARD FORM 2 FEBRUARY 1965 EDITION U.S.GOVERNMENT GENERAL SERVICES ADMINISTRATION LEASE FOR REAL PROPERTY FPR(41 CFR)1-16.601 DATE OF LEASE LEASE NO. 10/01/2014 N44255-15-RP-00006 THIS LEASE,made and entered into this date by and between City of Bremerton whose address is 345 6t',Suite 600,Bremerton, WA 98337,and who's interest in the property hereinafter described as that of Owner, hereinafter called the Lessor and the UNITED STATES OF AMERICA, hereinafter called the Government. WITNESSETH:The parties hereto for the considerations hereinafter mentioned,covenent and agree as follows: 1. The Lessor hereby leases to the Government the following described premises: The basement,first,second and third floors of Historic Building 50(Puget Sound Navy Museum)located at Bremerton Waterfront Park plus joint use of the addition entry,staircase,elevator,foyer,loading dock,and ingress and egress access points as existed on October 11,2007. To be used for government purposes. 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on 10/01/2014 through 9/30/2024,subject to termination and renewal rights as may be hereinafter set forth. 3. The Government shall pay the Lessor annual rent of$ 1.00 at the rate of$ 1.00 per year in arrears,receipt of which is hereby acknowledged. 4. The Government may terminate this lease at any time by giving at least 60 days'notice,in writing,to the Lessor and no rental shall accrue after the effective date of the termination. Said notice shall be computed commencing with the day after the date of mailing. 5. Janitorial services of the leased premises,as designated by Exhibit"A",shall be the responsibility of the lessee. ACCOUNTING CLASSIFICATION TO BE CHARGED(DISBURSEMENT) A B APPROPRIA- C.SUB- D.OBJ. E.BU- F G H. I. J K. ACRN TION HEAD CLASS CONTROL SA AAA TT PAA COST CODE AMOUNT 7. The Lessor shall furnish to the Government,as part of the rental condition,the following: a. Water and electrical service b. Building systems and exterior maintenance c. Grounds maintenance d. Normal HVAC for public spaces e. Provide museum personnel with keys for unlimited access to museum spaces. f. Provide normal operational access to elevators,service areas,loading docks,and entry ways pertaining to the premises. 8. The following are attached and made a part hereof: GSA Form 3517A General Clauses,Exhibit A—Floor Plans,Exhibit B—Special Clause 9. The following changes were made to this lease prior to its execution: None 10. Using Activity: Paying Office: Puget Sound Naval Museum NA 251 1St Street Bremerton,WA 98337 IN WITNESS WHEREOF,the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR BY Patty Lent, Mayor (Signature) IN PRESENCE OF: (Signature) (Address) UNITED STATES OF AMERICA BY (Signature) (Official title) GENERAL CLAUSES (Simplified Leases) (Acquisition of Leasehold Interests in Real Property for Leases Up to$100,000 Net Annual Rent) FULL TEXT OF CLAUSES 1. The Government reserves the right, at any time after the lease is signed and during the term of the lease, to inspect the leased premises and all other areas of the building to which access is necessary to ensure a safe and health work environment for the Government tenants and the Lessor's performance under this lease. 2. If the building is partially or totally destroyed or damaged by fire or other casualty so that the leased space is untenantable as determined by the Government, the Government may terminate the lease upon 15 calendar days written notice to the Lessor and no further rental will be due. 3. The Lessor shall maintain the demised premises, including the building, building systems, and all equipment, fixtures, and appurtenances furnished by the Lessor under this lease, in good repair and tenantable condition. Upon request of the Contracting Officer,the Lessor shall provide written documentation that building systems have been maintained,tested, and are operational. 4. In the event the Lessor fails to perform any service, to provide any item, or meet any requirement of this lease, the Government may perform the service, provide the item, or meet the requirement, either directly or through a contract. The Government may deduct any costs incurred for the service or item, including administrative costs,from rental payments. 5. 552.203-5 COVENANT AGAINST CONTINGENT FEES (FEB 1990) (Applicable to leases over$100,000.) (a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of the contingent fee. (b) "Bona fide agency," as used in this clause, means an established commercial or selling agency(including licensed real estate agents or brokers), maintained by a Contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence. "Bona fide employee," as used in this clause, means a person, employed by a Contractor and subject to the Contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence. "Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract. "Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter. INITIALS: & LESSOR GOVERNMENT GSA FORM 3517C PAGE 1 (REV 11/05) 6. 552.203-70 PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY(SEP 1999) (Applicable to leases over$100,000.) (a) If the head of the contracting activity (HCA)or his or her designee determines that there was a violation of subsection 27(a)of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 423), as implemented in the Federal Acquisition Regulation, the Government, at its election, may— (1) Reduce the monthly rental under this lease by 5 percent of the amount of the rental for each month of the remaining term of the lease, including any option periods, and recover 5 percent of the rental already paid; (2) Reduce payments for alterations not included in monthly rental payments by 5 percent of the amount of the alterations agreement;or (3) Reduce the payments for violations by a Lessor's subcontractor by an amount not to exceed the amount of profit or fee reflected in the subcontract at the time the subcontract was placed. (b) Prior to making a determination as set forth above, the HCA or designee shall provide to the Lessor a written notice of the action being considered and the basis therefor. The Lessor shall have a period determined by the agency head or designee, but not less than 30 calendar days after receipt of such notice, to submit in person, in writing, or through a representative, information and argument in opposition to the proposed reduction. The agency head or designee may, upon good cause shown, determine to deduct less than the above amounts from payments. (c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law or under this lease. 7. 52.204-7 CENTRAL CONTRACTOR REGISTRATION (OCT 2003)(VARIATION) (a) Definitions.As used in this clause— "Central Contractor Registration (CCR) database" means the primary Government repository for Contractor information required for the conduct of business with the Government. "Data Universal Numbering System (DUNS) number' means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B)to identify unique business entities. "Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer(EFT)accounts for the same parent concern. "Offeror" means the owner of the property offered, not an individual or agent representing the owner. "Registered in the CCR database" means that— (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database;and (2) The Government has validated all mandatory data fields and has marked the record "Active." (b) (1) By submission of an offer, the Offeror acknowledges the requirement that a prospective awardee must be registered with D&B and in the CCR database prior to award, during performance,and through final payment of any contract resulting from this solicitation. (2) The Offeror shall enter in the appropriate block, on the GSA Form 3518, entitled Representations and Certifications, the legal entity's name and address,followed by the DUNS or DUNS +4 number that identifies the Offeror's name and address exactly as INITIALS: & LESSOR GOVERNMENT GSA FORM 3517C PAGE 2(REV 11/05) stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the Offeror is registered in the CCR database. (c) If the Offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) An Offeror may obtain a DUNS number— (i) If located within the United States, by calling Dun and Bradstreet at 1-866-705- 5711 or via the Internet at http://www.dnb.com;or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. (2) The Offeror should be prepared to provide the following information: (i) Company legal business. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company Physical Street Address, City, State,and ZIP Code. (iv) Company Mailing Address, City, State and ZIP Code(if separate from physical). (v) Company Telephone Number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business(industry). (x) Company Headquarters name and address (reporting relationship within your entity). (d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered-Offeror. (e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation. (f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (g) (1) (i) If a Contractor has legally changed its business name, "doing business as"name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, the Contractor shall comply with the requirements of Subpart 42.12 of the Federal Acquisition Regulations (FAR)and provide the responsible Contracting Officer a fully revised and initialed/signed GSA Form 3518 entitled Representations and Certifications along with written notification of its intention to (A)change the name in the CCR database; and (B)provide the Contracting Officer with,sufficient documentation to verify and confirm the legally changed name or change in ownership. (ii) If the Contractor fails to comply with the requirements of paragraph(g)(1)(i)of this clause, or fails to perform the agreement at paragraph(g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer(EFT)clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims. Assignees shall be separately registered in the CCR database. Information provided to the Contractors CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information. INITIALS: & LESSOR GOVERNMENT GSA FORM 3517C PAGE 3(REV 11/05) (h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757. 8. 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT(JAN 2005) (Applicable to leases over$25,000.) (a) The Government suspends or debars Contractors to protect the Government's interests. The Contractor shall not enter into any subcontract in excess of $25,000 with a Contractor that is debarred, suspended, or proposed for debarment unless there is a compelling reason to do so. (b) The Contractor shall require each proposed first-tier subcontractor, whose subcontract will exceed $25,000, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal Government. (c) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the Excluded Parties List System).The notice must include the following: (1) The name of the subcontractor, (2) The Contractor's knowledge of the reasons for the subcontractor being in the Excluded Parties List System. (3) The compelling reason(s) for doing business with the subcontractor notwithstanding its inclusion in the Excluded Parties List System. (4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension,or proposed debarment. 9. 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JUL 2005) (Applicable to leases over$500,000.) (a) This clause does not apply to small business concerns. (b) Definitions. As used in this clause— "Commercial item" means a product or service that satisfies the definition of commercial item in section 2.101 of the Federal Acquisition Regulation. "Commercial plan" means a subcontracting plan (including goals) that covers the Offeror's fiscal year and that applies to the entire production of commercial items sold by either the entire company or a portion thereof(e.g.,division, plant, or product line). "Individual contract plan" means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the Offeror's planned subcontracting in support of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract. "Master plan" means a subcontracting plan that contains all the required elements of an individual contract plan, except goals, and may be incorporated into individual contract plans,provided the master plan has been approved. "Subcontract" means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract. INITIALS: & LESSOR GOVERNMENT GSA FORM 3517C PAGE 4(REV 11/05) (c) The Offeror, upon request by the Contracting Officer, shall submit and negotiate a subcontracting plan, where applicable, that separately addresses subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business concerns, small disadvantaged business, and women-owned small business concerns. If the Offeror is submitting an individual contract plan, the plan must separately address subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns, with a separate part for the basic contract and separate parts for each option (if any). The plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the Offeror ineligible for award of a contract. (d) The Offeror's subcontracting plan shall include the following: (1) Goals, expressed in terms of percentages of total planned subcontracting dollars,for the use of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women- owned small business concerns as subcontractors. The Offeror shall include all subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. (2) A statement of— (i) Total dollars planned to be subcontracted for an individual contract plan; or the Offeror's total projected sales, expressed in dollars, and the total value of projected subcontracts to support the sales for a commercial plan; (ii) Total dollars planned to be subcontracted to small business concerns; (iii) Total dollars planned to be subcontracted to veteran-owned small business concerns; (iv) Total dollars planned to be subcontracted to service-disabled veteran-owned small business; (v) Total dollars planned to be subcontracted to HUBZone small business concerns; (vi) Total dollars planned to be subcontracted to small disadvantaged business concerns; and (vii) Total dollars planned to be subcontracted to women-owned small business concerns. (3) A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to— (i) Small business concerns; (ii) Veteran-owned small business concerns; (iii) Service-disabled veteran-owned small business concerns; (iv) HUBZone small business concerns; (v) Small disadvantaged business concerns;and (vi) Women-owned small business concerns. (4) A description of the method used to develop the subcontracting goals in paragraph (d)(1)of this clause. (5) A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, the Procurement Marketing and Access Network (PRO-Net) of the Small Business Administration (SBA), veterans service organizations, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, HUBZone, small disadvantaged, and women-owned small business trade associations). A firm may rely on the information contained in PRO-Net as an accurate representation of a concern's size and ownership characteristics for the purposes of maintaining a small, veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged, and women-owned small business source list. Use of PRO-Net as its source list does not relieve a firm of its responsibilities (e.g.,outreach, assistance, counseling, or publicizing subcontracting opportunities) in this clause. (6) A statement as to whether or not the Offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with— (i) Small business concerns; INITIALS: & LESSOR GOVERNMENT GSA FORM 3517C PAGE 5(REV 11/05) (ii) Veteran-owned small business concerns; (iii) Service-disabled veteran-owned small business concerns; (iv) HUBZone small business concerns; (v) Small disadvantaged business concerns;and (vi) Women-owned small business concerns. (7) The name of the individual employed by the Offeror who will administer the Offeror's subcontracting program, and a description of the duties of the individual. (8) A description of the efforts the Offeror will make to assure that small business, veteran- owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns have an equitable opportunity to compete for subcontracts. (9) Assurances that the Offeror will include the clause of this contract entitled "Utilization of Small Business Concerns" in all subcontracts that offer further subcontracting opportunities, and that the Offeror will require all subcontractors (except small business concerns)that receive subcontracts in excess of$500,000 ($1,000,000 for construction of any public facility)to adopt a subcontracting plan that complies with the requirements of this clause. (10) Assurances that the Offeror will— (i) Cooperate in any studies or surreys as may be required; (ii) Submit periodic reports so that the Government can determine the extent of compliance by the Offeror with the subcontracting plan; (iii) Submit Standard Form (SF) 294, Subcontracting Report for Individual Contracts, and/or SF 295, Summary Subcontract Report, in accordance with paragraph 0)of this clause. The reports shall provide information on subcontract awards to small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, women-owned small business concerns, and Historically Black Colleges and Universities and Minority Institutions. Reporting shall be in accordance with the instructions on the forms or as provided in agency regulations. (iv) Ensure that its subcontractors agree to submit SF 294 and SF 295. (11) A description of the types of records that will be maintained concerning procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of the Offeror's efforts to locate small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns and award subcontracts to them. The records shall include at least the following (on a plant-wide or company-wide basis, unless otherwise indicated): (i) Source lists (e.g., PRO-Net), guides, and other data that identify small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns. (ii) Organizations contacted in an attempt to locate sources that are small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business,small disadvantaged business, or women-owned small business concerns. (iii) Records on each subcontract solicitation resulting in an award of more than $100,000, indicating— (A) Whether small business concerns were solicited and, if not,why not; (B) Whether veteran-owned small business concerns were solicited and, if not,why not; (C) Whether service-disabled veteran-owned small business concerns were solicited and, if not,why not; (D) Whether HUBZone small business concerns were solicited and, if not, why not; (E) Whether small disadvantaged business concerns were solicited and, if not,why not; (F) Whether women-owned small business concerns were solicited and, if not, why not; and (G) If applicable, the reason award was not made to a small business concern. (iv) Records of any outreach efforts to contact— INITIALS: ontactINITIALS: & LESSOR GOVERNMENT GSA FORM 3517C PAGE 6(REV 11/05) (A) Trade associations; (B) Business development organizations; (C) Conferences and trade fairs to locate small, HUBZone small, small disadvantaged, and women-owned small business sources; and (D) Veterans service organizations. (v) Records of internal guidance and encouragement provided to buyers through— (A) Workshops, seminars,training, etc.; and (B) Monitoring performance to evaluate .compliance with the program's requirements. (vi) On a contract-by-contract basis, records to support award data submitted by the Offeror to the Government, including the name, address, and business size of each subcontractor. Contractors having commercial plans need not comply with this requirement. (e) In order to effectively implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions: (1) Assist small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women- owned small business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor's lists of potential small business, veteran- owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business subcontractors are excessively long, reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time. (2) Provide adequate and timely consideration of the potentialities of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns in all"make-or-buy"decisions. (3) Counsel and discuss subcontracting opportunities with representatives of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business firms. (4) Confirm that a subcontractor representing itself as a HUBZone small business concern is identified as a certified HUBZone small business concern by accessing the Central Contractor Registration (CCR)database or by contacting SBA. (5) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, veteran-owned small business, HUBZone small, small disadvantaged, or women-owned small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the Contractor's subcontracting plan. (f) A master plan on a plant or division-wide basis that contains all the elements required by paragraph (d)of this clause, except goals, may be incorporated by reference as a part of the subcontracting plan required of the Offeror by this clause; provided— (1) The master plan has been approved; (2) The Offeror ensures that the master plan is updated as necessary and provides copies of the approved master plan, including evidence of its approval, to the Contracting Officer;and (3) Goals and any deviations from the master plan deemed necessary by the Contracting Officer to satisfy the requirements of this contract are set forth in the individual subcontracting plan. (g) A commercial plan is the preferred type of subcontracting plan for contractors furnishing commercial items. The commercial plan shall relate to the Offeror's planned subcontracting generally, for both commercial and Government business, rather than solely to the Government contract. Commercial plans are also preferred for subcontractors that provide commercial items under a prime contract, whether or not the prime contractor is supplying a commercial item. INITIALS: & LESSOR GOVERNMENT GSA FORM 3517C PAGE 7(REV 11/05) (h) Prior compliance of the Offeror with other such subcontracting plans under previous contracts will be considered by the Contracting Officer in determining the responsibility of the Offeror for award of the contract. (i) The failure of the Contractor or subcontractor to comply in good faith with— (1) The clause of this contract entitled"Utilization Of Small Business Concerns';or (2) An approved plan required by this clause,shall be a material breach of the contract. (j) The Contractor shall submit the following reports: (1) Standard Form 294, Subcontracting Report for Individual Contracts. This report shall be submitted to the Contracting Officer semiannually and at contract completion. The report covers subcontract award data related to this contract. This report is not required for commercial plans. (2) Standard Form 295, Summary Subcontract Report. This report encompasses all of the contracts with the awarding agency. It must be submitted semi-annually for contracts with the Department of Defense and annually for contracts with civilian agencies. If the reporting activity is covered by a commercial plan, the reporting activity must report annually all subcontract awards under that plan. All reports submitted at the close of each fiscal year (both individual and commercial plans) shall include a breakout, in the Contractor's format, of subcontract awards, in whole dollars, to small disadvantaged business concerns by North American Industry Classification System (NAICS) Industry Subsector. For a commercial plan, the Contractor may obtain from each of its subcontractors a predominant NAICS Industry Subsector and report all awards to that subcontractor under its predominant NAICS Industry Subsector. 10. 52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN (JAN 1999) (Applicable to leases over$500,000.) (a) "Failure to make a good faith effort to comply with the subcontracting plan," as used in this clause, means a willful or intentional failure to perform in accordance with the requirements of the subcontracting plan approved under the clause in this contract entitled "Small Business Subcontracting Plan,"or willful or intentional action to frustrate the plan. (b) Performance shall be measured by applying the percentage goals to the total actual subcontracting dollars or, if a commercial plan is involved, to the pro rata share of actual subcontracting dollars attributable to Government contracts covered by the commercial plan. If, at contract completion or, in the case of a commercial plan, at the close of the fiscal year for which the plan is applicable, the Contractor has failed to meet its subcontracting goals and the Contracting Officer decides in accordance with paragraph (c) of this clause that the Contractor failed to make a good faith effort to comply with its subcontracting plan, established in accordance with the clause in this contract entitled "Small Business Subcontracting Plan," the Contractor shall pay the Government liquidated damages in an amount stated. The amount of probable damages attributable to the Contractor's failure to comply shall be an amount equal to the actual dollar amount by which the Contractor failed to achieve each subcontract goal. (c) Before the Contracting Officer makes a final decision that the Contractor has failed to make such good faith effort, the Contracting Officer shall give the Contractor written notice specifying the failure and permitting the Contractor to demonstrate what good faith efforts have been made and to discuss the matter. Failure to respond to the notice may be taken as an admission that no valid explanation exists. If, after consideration of all the pertinent data, the Contracting Officer finds that the Contractor failed to make a good faith effort to comply with the subcontracting plan, the Contracting Officer shall issue a final decision to that effect and require that the Contractor pay the Government liquidated damages as provided in paragraph (b)of this clause. (d) With respect to commercial plans, the Contracting Officer who approved the plan will perform the functions of the Contracting Officer under this clause on behalf of all agencies with contracts covered by the commercial plan. INITIALS: & LESSOR GOVERNMENT GSA FORM 3517C PAGE 8(REV 11/05) (e) The Contractor shall have the right of appeal, under the clause in this contract entitled, Disputes,from any final decision of the Contracting Officer. (f) Liquidated damages shall be in addition to any other remedies that the Government may have. 11. 552.219-72 PREPARATION, SUBMISSION, AND NEGOTIATION OF SUBCONTRACTING PLANS(JUN 2005) (Applicable to leases over $500,000 if solicitation requires submission of the subcontracting plan with initial offers.) (a) An Offeror, other than a small business concern, submitting an offer that exceeds $500,000 ($1,000,000 for construction) shall submit a subcontracting plan with its initial offer. The subcontracting plan will be negotiated concurrently with price and any required technical and management proposals, unless the Offeror submits a previously-approved commercial plan. (b) Maximum practicable utilization of small, HUBZone small, small disadvantaged, and women- owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors is a matter of national interest with both social and economic benefits. The General Services Administration (GSA) expects that an Offeror's subcontracting plan will reflect a commitment to assuring that small, HUBZone small, small disadvantaged, women- owned, veteran-owned, and service-disabled veteran owned small business concerns are provided the maximum practicable opportunity, consistent with efficient contract performance, to participate as subcontractors in the performance of the resulting contract. An Offeror submitting a commercial plan can reflect this commitment through subcontracting opportunities it provides that relate to the Offeror's production generally; i.e., for both its commercial and Government business. (c) GSA believes that this potential contract provides significant opportunities for the use of small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service- disabled veteran owned small business concerns as subcontractors. Consequently, in addressing the eleven elements described at FAR 52.219-9(d) of the clause in this contract entitled Small Business Subcontracting Plan,the Offeror shall: (1) Demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, women-owned, veteran- owned, and service-disabled veteran owned small business concerns in performing the contract. (2) Include a description of the Offeror's subcontracting strategies used in any previous contracts, significant achievements, and how this plan will build upon those earlier achievements. (3) Demonstrate through its plan that it understands the small business subcontracting program's objectives and GSA's expectations, and it is committed to taking those actions necessary to meet these goals or objectives. (d) In determining the acceptability of any subcontracting plan, the Contracting Officer will take each of the following actions: (1) Review the plan to verify that the Offeror demonstrates an understanding of the small business subcontracting program's objectives and GSA's expectations with respect to the program and has included all the information, goals, and assurances required by FAR 52.219-9. (2) Consider previous goals and achievements of contractors in the same industry. (3) Consider information and potential sources obtained from agencies administering national and local preference programs and other advocacy groups in evaluating whether the goals stated in the plan adequately reflect the anticipated potential for subcontracting to small, HUBZone small, small disadvantaged, women-owned, veteran- owned, and service-disabled veteran owned small business concerns. (4) Review the Offeror's description of its strategies, historical performance and significant achievements in placing subcontracts for the same or similar products or services with small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and INITIALS: & LESSOR GOVERNMENT GSA FORM 3517C PAGE 9(REV 11/05) service-disabled veteran owned small business concerns. The Offeror's description can apply to commercial as well as previous Government contracts. (e) Failure to submit an acceptable subcontracting plan and/or correct deficiencies in a plan within the time specified by the Contracting Officer shall make the Offeror ineligible for award. 12. 552.219-73 GOALS FOR SUBCONTRACTING PLAN (JUN 2005) (Applicable to leases over $500,000 if solicitation does not require submission of the subcontracting plan with initial offers.) (a) Maximum practicable utilization of small, HUBZone small, small disadvantaged, women- owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors is a matter of national interest with both social and economic benefits. (1) The General Services Administration's (GSA's)commitment to ensuring that maximum practicable opportunity is provided to small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns to participate as subcontractors in the performance of this contract, consistent with its efficient performance, must be reflected in the Offerors subcontracting plan submitted pursuant to the clause of this contract at FAR 52.219-9, Small Business Subcontracting Plan. (2) In addressing the eleven elements described at FAR 52.219-9(d), the Offeror shall demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, women-owned, veteran- owned, and service-disabled veteran owned small business concerns in performing this contract. An Offeror submitting a commercial plan can demonstrate its commitment in providing maximum practicable opportunities through subcontracting opportunities it provides to small, HUBZone small, small disadvantaged, women-owned, veteran- owned, and service-disabled veteran owned small business concerns that relate to the Offerors production generally;i.e.,for both its commercial and Government business. (3) The subcontracting plan shall include a description of the Offerors subcontracting strategies used in previous contracts and significant achievements,with an explanation of how this plan will build upon those earlier achievements. Additionally, the Offeror shall demonstrate through its plan that it understands the small business subcontracting program's objectives, GSA's expectations, and is committed to taking those actions necessary to meet these goals or objectives. (b) GSA believes that this contract provides significant opportunities for the use of small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors. Accordingly, it is anticipated that an acceptable subcontracting plan will contain at least the following goals: Small Business X percent HUBZone Small Business X percent Small Disadvantaged Business X percent Women-Owned Small Business X percent Veteran-Owned Small Business X percent Service-Disabled Veteran-Owned Small Business X percent NOTE: Target goals are expressed as a percentage of planned subcontracting dollars. (c) In determining the acceptability of any subcontracting plan,the Contracting Officer will— (1) Review the plan to verify that the Offeror has demonstrated an understanding of the small business subcontracting program's objectives and GSA's expectations with respect to the programs and has included all the information, goals, and assurances required by FAR 52.219-9; INITIALS: & LESSOR GOVERNMENT GSA FORM 3517C PAGE 10(REV 11/05) (2) Consider previous goals and achievements of contractors in the same industry; (3) Consider information and potential sources obtained from agencies administering national and local preference programs and other advocacy groups in evaluating whether the goals stated in the plan adequately reflect the anticipated potential for subcontracting to small, HUBZone small, small disadvantaged, women-owned, veteran- owned,and service-disabled veteran owned small business concerns;and (4) Review the Offeror's description of its strategies, historical performance and significant achievements in placing subcontracts for the same or similar products or services with small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns. The Offeror's description can apply to commercial as well as previous Government contracts. (d) Failure to submit an acceptable subcontracting plan and/or correct deficiencies in a plan within the time specified by the Contracting Officer shall make the Offeror ineligible for award. 13. 52.222-26 EQUAL OPPORTUNITY(APR 2002) (Applicable to leases over$10,000.) (a) Definition. "United States," as used in this clause, means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island. (b) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with paragraphs (b)(1) through (b)(11) of this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause. (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5. (2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex,or national origin. This shall include, but not be limited to— (i) Employment; (ii) Upgrading; (iii) Demotion; (iv) Transfer; (v Recruitment or recruitment advertising; (vi Layoff or termination; (vii) Rates of pay or other forms of compensation;and (viii) Selection for training, including apprenticeship. (3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race,color, religion, sex,or national origin. (5) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. INITIALS: & LESSOR GOVERNMENT GSA FORM 3517C PAGE 11 (REV 11/05) (6) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. (7) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form 100 (EEO-1), or any successor form, as prescribed in 41 CFR part 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs(OFCCP)or the local office of the Equal Employment Opportunity Commission for the necessary forms. (8) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records(including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order 11246, as amended, and rules and regulations that implement the Executive Order. (9) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor;or as otherwise provided by law. (10) The Contractor shall include the terms and conditions of paragraphs (b)(1)through (11) of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. (11) The Contractor shall take such action with respect to any subcontract or purchase order as the Contracting Officer may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. (c) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.1. 14. 52.222-21 PROHIBITION OF SEGREGATED FACILITIES(FEB 1999) (Applicable to leases over$10,000.) (a) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (b) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract. INITIALS: & LESSOR GOVERNMENT GSA FORM 3517C PAGE 12(REV 11/05) 15. 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA,AND OTHER ELIGIBLE VETERANS(DEC 2001) (Applicable to leases over$25,000.) (a) Definitions. As used in this clause— "All employment openings" means all positions except executive and top management, those positions that will be filled from within the Contractor's organization, and positions lasting 3 days or less. This term includes full-time employment, temporary employment of more than 3 days duration, and part-time employment. "Executive and top management"means any employee— (1) Whose primary duty consists of the management of the enterprise in which the individual is employed or of a customarily recognized department or subdivision thereof; (2) Who customarily and regularly directs the work of two or more other employees; (3) Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; (4) Who customarily and regularly exercises discretionary powers;and (5) Who does not devote more than 20 percent or, in the case of an employee of a retail or service establishment,who does not devote more than 40 percent of total hours of work in the work week to activities that are not directly and closely related to the performance of the work described in paragraphs(1)through (4)of this definition. This paragraph (5) does not apply in the case of an employee who is in sole charge of an establishment or a physically separated branch establishment, or who owns at least a 20 percent interest in the enterprise in which the individual is employed. "Other eligible veteran" means any other veteran who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. "Positions that will be filled from within the Contractor's organization" means employment openings for which the Contractor will give no consideration to persons outside the Contractor's organization (including any affiliates, subsidiaries, and parent companies) and includes any openings the Contractor proposes to fill from regularly established "recall" lists. The exception does not apply to a particular opening once an employer decides to consider applicants outside of its organization. "Qualified special disabled veteran" means a special disabled veteran who satisfies the requisite skill, experience, education, and other job-related requirements of the employment position such veteran holds or desires, and who,with or without reasonable accommodation, can perform the essential functions of such position. "Special disabled veteran" means— (1) A veteran who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Department of Veterans Affairs for a disability— (i) Rated at 30 percent or more;or (ii) Rated at 10 or 20 percent in the case of a veteran who has been determined under 38 U.S.C. 3106 to have a serious employment handicap (i.e., a significant impairment of the veteran's ability to prepare for, obtain, or retain employment consistent with the veteran's abilities,aptitudes,and interests);or (2) A person who was discharged or released from active duty because of a service-connected disability. "Veteran of the Vietnam era"means a person who— (1) Served on active duty for a period of more than 180 days and was discharged or released from active duty with other than a dishonorable discharge, if any part of such active duty occurred— (i) In the Republic of Vietnam between February 28, 1961,and May 7, 1975;or (ii) Between August 5, 1964,and May 7, 1975, in all other cases;or INITIALS: & LESSOR GOVERNMENT GSA FORM 3517C PAGE 13(REV 11/05) (2) Was discharged or released from active duty for a service-connected disability if any part of the active duty was performed— (i) In the Republic of Vietnam between February 28, 1961,and May 7, 1975;or (ii) Between August 5, 1964, and May 7, 1975, in all other cases. (b) General. (1) The Contractor shall not discriminate against the individual because the individual is a special disabled veteran, a veteran of the Vietnam era, or other eligible veteran, regarding any position for which the employee or applicant for employment is qualified. The Contractor shall take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled veterans, veterans of the Vietnam era, and other eligible veterans without discrimination based upon their disability or veterans' status in all employment practices such as— (i) Recruitment,advertising,and job application procedures; (ii) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and rehiring; (iii) Rate of pay or any other form of compensation and changes in compensation; (iv) Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists; (v) Leaves of absence, sick leave,or any other leave; (vi) Fringe benefits available by virtue of employment,whether or not administered by the Contractor; (vii) Selection and financial support for training, including apprenticeship, and on-the- job training under 38 U.S.C. 3687, professional meetings, conferences, and other related activities,and selection for leaves of absence to pursue training; (viii) Activities sponsored by the Contractor including social or recreational programs; and (ix) Any other term, condition,or privilege of employment. (2) The Contractor shall comply with the rules, regulations, and relevant orders of the Secretary of Labor issued under the Vietnam Era Veterans' Readjustment Assistance Act of 1972(the Act),as amended(38 U.S.C.4211 and 4212). (c) Listing openings. (1) The Contractor shall immediately list all employment openings that exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract, and including those occurring at an establishment of the Contractor other than the one where the contract is being performed, but excluding those of independently operated corporate affiliates, at an appropriate local public employment service office of the State wherein the opening occurs. Listing employment openings with the U.S. Department of Labors America's Job Bank shall satisfy the requirement to list jobs with the local employment service office. (2) The Contractor shall make the listing of employment openings with the local employment service office at least concurrently with using any other recruitment source or effort and shall involve the normal obligations of placing a bona fide job order, including accepting referrals of veterans and nonveterans. This listing of employment openings does not require hiring any particular job applicant or hiring from any particular group of job applicants and is not intended to relieve the Contractor from any requirements of Executive orders or regulations concerning nondiscrimination in employment. (3) Whenever the Contractor becomes contractually bound to the listing terms of this clause, it shall advise the State public employment agency in each State where it has establishments of the name and location of each hiring location in the State. As long as the Contractor is contractually bound to these terms and has so advised the State agency, it need not advise the State agency of subsequent contracts. The Contractor may advise the State agency when it is no longer bound by this contract clause. (d) Applicability. This clause does not apply to the listing of employment openings that occur and are filled outside the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands of the United States, and Wake Island. INITIALS: & LESSOR GOVERNMENT GSA FORM 3517C PAGE 14(REV 11/05) (e) Postings. (1) The Contractor shall post employment notices in conspicuous places that are available to employees and applicants for employment. (2) The employment notices shall— (i) State the rights of applicants and employees as well as the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified employees and applicants who are special disabled veterans,veterans of the Vietnam era,and other eligible veterans;and (ii) Be in a form prescribed by the Deputy Assistant Secretary for Federal Contract Compliance Programs, Department of Labor (Deputy Assistant Secretary of Labor), and provided by or through the Contracting Officer. (3) The Contractor shall ensure that applicants or employees who are special disabled veterans are informed of the contents of the notice (e.g., the Contractor may have the notice read to a visually disabled veteran, or may lower the posted notice so that it can be read by a person in a wheelchair). (4) The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement, or other contract understanding, that the Contractor is bound by the terms of the Act and is committed to take affirmative action to employ, and advance in employment, qualified special disabled veterans, veterans of the Vietnam era,and other eligible veterans. (f) Noncompliance. If the Contractor does not comply with the requirements of this clause, the Government may take appropriate actions under the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. (g) Subcontracts. The Contractor shall insert the terms of this clause in all subcontracts or purchase orders of$25,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Deputy Assistant Secretary of Labor to enforce the terms, including action for noncompliance. 16. 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) (Applicable to leases over$10,000.) (a) General. (1) Regarding any position for which the employee or applicant for employment is qualified, the Contractor shall not discriminate against any employee or applicant because of physical or mental disability. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified individuals with disabilities without discrimination based upon their physical or mental disability in all employment practices such as— (i) Recruitment, advertising,and job application procedures; (ii) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff,and rehiring; (iii) Rates of pay or any other form of compensation and changes in compensation; (iv) Job assignments, job classifications, organizational structures, position descriptions, lines of progression,and seniority lists; (v) Leaves of absence,sick leave,or any other leave; (vi) Fringe benefits available by virtue of employment,whether or not administered by the Contractor; (vii) Selection and financial support for training, including apprenticeships, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training (viii) Activities sponsored by the Contractor, including social or recreational programs; and (ix) Any other term, condition,or privilege of employment. (2) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor (Secretary) issued under the Rehabilitation Act of 1973 (29 U.S.C. 793)(the Act),as amended. INITIALS: & LESSOR GOVERNMENT GSA FORM 3517C PAGE 15(REV 11/05) (b) Postings. (1) The Contractor agrees to post employment notices stating— (i) the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified individuals with disabilities and (ii) the rights of applicants and employees. (2) These notices shall be posted in conspicuous places that are available to employees and applicants for employment. The Contractor shall ensure that applicants and employees with disabilities are informed of the contents of the notice (e.g., the Contractor may have the notice read to a visually disabled individual, or may lower the posted notice so that it might be read by a person in a wheelchair). The notices shall be in a form prescribed by the Deputy Assistant Secretary for Federal Contract Compliance of the U.S. Department of Labor(Deputy Assistant Secretary) and shall be provided by or through the Contracting Officer. (3) The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Section 503 of the Act and is committed to take affirmative action to employ, and advance in employment, qualified individuals with physical or mental disabilities. (c) Noncompliance. If the Contractor does not comply with the requirements of this clause, appropriate actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act. (d) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of$10,000 unless exempted by rules, regulations, or orders of the Secretary. The Contractor shall act as specified by the Deputy Assistant Secretary to enforce the terms, including action for noncompliance. 17. 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA,AND OTHER ELIGIBLE VETERANS (DEC 2001) (Applicable to leases over$25,000.) (a) Unless the Contractor is a State or local government agency, the Contractor shall report at least annually, as required by the Secretary of Labor, on— (1) The number of special disabled veterans, the number of veterans of the Vietnam era, and other eligible veterans in the workforce of the Contractor by job category and hiring location;and (2) The total number of new employees hired during the period covered by the report, and of the total, the number of special disabled veterans, the number of veterans of the Vietnam era,and the number of other eligible veterans;and (3) The maximum number and the minimum number of employees of the Contractor during the period covered by the report. (b) The Contractor shall report the above items by completing the Form VETS-100, entitled "Federal Contractor Veterans' Employment Report(VETS-100 Report)." (c) The Contractor shall submit VETS-100 Reports no later than September 30 of each year beginning September 30, 1988. (d) The employment activity report required by paragraph (a)(2) of this clause shall reflect total hires during the most recent 12-month period as of the ending date selected for the employment profile report required by paragraph (a)(1) of this clause. Contractors may select an ending date— (1) As of the end of any pay period between July 1 and August 31 of the year the report is due;or INITIALS: & LESSOR GOVERNMENT GSA FORM 3517C PAGE 16(REV 11/05) (2) As of December 31, if the Contractor has prior written approval from the Equal Employment Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO-1 (Standard Form 100). (e) The Contractor shall base the count of veterans reported according to paragraph (a) of this clause on voluntary disclosure. Each Contractor subject to the reporting requirements at 38 U.S.C. 4212 shall invite all special disabled veterans, veterans of the Vietnam era, and other eligible veterans who wish to benefit under the affirmative action program at 38 U.S.C.4212 to identify themselves to the Contractor. The invitation shall state that— (1) The information is voluntarily provided; (2) The information will be kept confidential; (3) Disclosure or refusal to provide the information will not subject the applicant or employee to any adverse treatment;and (4) The information will be used only in accordance with the regulations promulgated under 38 U.S.C.4212. (f) The Contractor shall insert the terms of this clause in all subcontracts or purchase orders of $25,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. 18. 52.232-23 ASSIGNMENT OF CLAIMS(JAN 1986) (Applicable to leases over$2,500.) (a) The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 15 (hereafter referred to as"the Act'), may assign its right to be paid amounts due or to become due as a result of the performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency. The assignee under such an assignment may thereafter further assign or reassign its right under the original assignment to any type of financing institution described in the preceding sentence. (b) Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts payable under this contract, and shall not be made to more than one party, except that an assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in the financing of this contract. (c) The Contractor shall not furnish or disclose to any assignee under this contract any classified document (including this contract) or information related to work under this contract until the Contracting Officer authorizes such in writing. 19. 552.232-75 PROMPT PAYMENT(SEP 1999) The Government will make payments under the terms and conditions specified in this clause. Payment shall be considered as being made on the day a check is dated or an electronic funds transfer is made. All days referred to in this clause are calendar days, unless otherwise specified. (a) Payment due date. (1) Rental payments. Rent shall be paid monthly in arrears and will be due on the first workday of each month,and only as provided for by the lease. (i) When the date for commencement of rent falls on the 15°i day of the month or earlier, the initial monthly rental payment under this contract shall become due on the first workday of the month following the month in which the commencement of the rent is effective. (ii) When the date for commencement of rent falls after the 151'day of the month,the initial monthly rental payment under this contract shall become due on the first workday of the second month following the month in which the commencement of the rent is effective. (2) Other payments. The due date for making payments other than rent shall be the later of the following two events: INITIALS: & LESSOR GOVERNMENT GSA FORM 3517C PAGE 17(REV 11/05) (i) The 30th day after the designated billing office has received a proper invoice from the Contractor. (ii) The 30th day after Government acceptance of the work or service. However, if the designated billing office fails to annotate the invoice with the octual date of receipt,the invoice payment due date shall be deemed to be the 30 day after the Contractor's invoice is dated, provided a proper invoice is received and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements. (b) Invoice and inspection requirements for payments other than rent. (1) The Contractor shall prepare and submit an invoice to the designated billing office after completion of the work. A proper invoice shall include the following items: (i) Name and address of the Contractor. (ii) Invoice date. (iii) Lease number. (iv) Government's order number or other authorization. (v) Description, price,and quantity of work or services delivered. (vi) Name and address of Contractor official to whom payment is to be sent(must be the same as that in the remittance address in the lease or the order.) (vii) Name (where practicable), title, phone number, and mailing address of person to be notified in the event of a defective invoice. (2) The Government will inspect and determine the acceptability of the work performed or services delivered within 7 days after the receipt of a proper invoice or notification of completion of the work or services unless a different period is specified at the time the order is placed. If actual acceptance occurs later, for the purpose of determining the payment due date and calculation of interest, acceptance will be deemed to occur on the last day of the 7-day inspection period. If the work or service is rejected for failure to conform to the technical requirements of the contract, the 7 days will be counted beginning with receipt of a new invoice or notification. In either case, the Contractor is not entitled to any payment or interest unless actual acceptance by the Government occurs. (c) Interest Penalty. (1) An interest penalty shall be paid automatically by the Government, without request from the Contractor, if payment is not made by the due date. (2) The interest penalty shall be at the rate established by the Secretary of the Treasury under Section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611)that is in effect on the day after the due date. This rate is referred to as the "Renegotiation Board Interest Rate," and it is published in the Federal Register semiannually on or about January 1 and July 1. The interest penalty shall accrue daily on the payment amount approved by the Government and be compounded in 30-day increments inclusive from the first day after the due date through the payment date. (3) Interest penalties will not continue to accrue after the filing of a claim for such penalties under the clause at 52.233-1, Disputes, or for more than 1 year. Interest penalties of less than$1.00 need not be paid. (4) Interest penalties are not required on payment delays due to disagreement between the Government and Contractor over the payment amount or other issues involving contract compliance or on amounts temporarily withheld or retained in accordance with the terms of the contract. Claims involving disputes, and any interest that may be payable,will be resolved in accordance with the clause at 52.233-1, Disputes. 20. 552.232-76 ELECTRONIC FUNDS TRANSFER PAYMENT(MAR 2000)(VARIATION) (a) The Government will make payments under this lease by electronic funds transfer (EFT). The Lessor must, no later than 30 days before the first payment: (1) Designate a financial institution for receipt of EFT payments. (2) Submit this designation to the Contracting Officer or other Government official, as directed. INITIALS: & LESSOR GOVERNMENT GSA FORM 3517C PAGE 18(REV 11/05) (b) The Lessor must provide the following information: (1) The American Bankers Association 9-digit identifying number for Automated Clearing House(ACH)transfers of the financing institution receiving payment if the institution has access to the Federal Reserve Communications System. (2) Number of account to which funds are to be deposited. (3) Type of depositor account("C"for checking, "S"for savings). (4) If the Lessor is a new enrollee to the EFT system,the Lessor must complete and submit Form SF 3881, ACH Vendor/Miscellaneous Payment Enrollment Form, before payment can be processed. (c) If the Lessor, during the performance of this contract, elects to designate a different financial institution for the receipt of any payment, the appropriate Government official must receive notice of such change and the required information specified above no later than 30 days before the date such change is to become effective. (d) The documents furnishing the information required in this clause must be dated and contain the: (1) Signature, title, and telephone number of the Lessor or the Lessor's authorized representative. (2) Lessor's name. (3) Lease number. (e) Lessor's failure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due. 21. 52.233-1 DISPUTES (JUL 2002) (a) This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). (b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. (c) "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (d) (1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (2) (i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding$100,000. (ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. (iii) The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief, that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the Contractor." INITIALS: & LESSOR GOVERNMENT GSA FORM 3517C PAGE 19(REV 11/05) (3) The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim. (e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor- certified claims over$100,000, the Contracting Officer must,within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made. (f) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act. (g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the offer. (h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in FAR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. (i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer. 22. 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA(OCT 1997) (Applicable when cost or pricing data are required for work or services over$500,000.) (a) If any price, including profit or fee, negotiated in connection with this contract, or any cost reimbursable under this contract,was increased by any significant amount because— (1) The Contractor or a subcontractor furnished cost or pricing data that were not complete, accurate,and current as certified in its Certificate of Current Cost or Pricing Data; (2) A subcontractor or prospective subcontractor furnished the Contractor cost or pricing data that were not complete, accurate, and current as certified in the Contractor's Certificate of Current Cost or Pricing Data;or (3) Any of these parties furnished data of any description that were not accurate, the price or cost shall be reduced accordingly and the contract shall be modified to reflect the reduction. (b) Any reduction in the contract price under paragraph (a) of this clause due to defective data from a prospective subcontractor that was not subsequently awarded the subcontract shall be limited to the amount, plus applicable overhead and profit markup, by which— (1) The actual subcontract;or (2) The actual cost to the Contractor, if there was no subcontract, was less than the prospective subcontract cost estimate submitted by the Contractor; provided, that the actual subcontract price was not itself affected by defective cost or pricing data. (c) (1) If the Contracting Officer determines under paragraph (a) of this clause that a price or cost reduction should be made, the Contractor agrees not to raise the following matters as a defense: (i) The Contractor or subcontractor was a sole source supplier or otherwise was in a superior bargaining position and thus the price of the contract would not have been modified even if accurate, complete, and current cost or pricing data had been submitted. (ii) The Contracting Officer should have known that the cost or pricing data in issue were defective even though the Contractor or subcontractor took no affirmative action to bring the character of the data to the attention of the Contracting Officer. INITIALS: & LESSOR GOVERNMENT GSA FORM 3517C PAGE 20(REV 11/05) (iii) The contract was based on an agreement about the total cost of the contract and there was no agreement about the cost of each item procured under the contract. (iv) The Contractor or subcontractor did not submit a Cert(ficate of Current Cost or Pricing Data. (2) (i) Except as prohibited by subdivision (c)(2)(ii)of this clause,an offset in an amount determined appropriate by the Contracting Officer based upon the facts shall be allowed against the amount of a contract price reduction if— (A) The Contractor certifies to the Contracting Officer that, to the best of the Contractor's knowledge and belief, the Contractor is entitled to the offset in the amount requested; and (B) The Contractor proves that the cost or pricing data were available before the "as of date specified on its Certificate of Current Cost or Pricing Data, and that the data were not submitted before such date. (ii) An offset shall not be allowed if— (A) The understated data were known by the Contractor to be understated before the "as of date specified on its Certificate of Current Cost or Pricing Data; or (B) The Government proves that the facts demonstrate that the contract price would not have increased in the amount to be offset even if the available data had been submitted before the"as of date specified on its Certificate of Current Cost or Pricing Data. (d) If any reduction in the contract price under this clause reduces the price of items for which payment was made prior to the date of the modification reflecting the price reduction, the Contractor shall be liable to and shall pay the United States at the time such overpayment is repaid— (1) Simple interest on the amount of such overpayment to be computed from the date(s)of overpayment to the Contractor to the date the Government is repaid by the Contractor at the applicable underpayment rate effective for each quarter prescribed by the Secretary of the Treasury under 26 U.S.C.6621(a)(2);and (2) A penalty equal to the amount of the overpayment, if the Contractor or subcontractor knowingly submitted cost or pricing data that were incomplete, inaccurate, or noncurrent. 23. 52.215-12 SUBCONTRACTOR COST OR PRICING DATA(OCT 1997) (Applicable when the clause at FAR 52.215-10 is applicable.) (a) Before awarding any subcontract expected to exceed the threshold for submission of cost or pricing data at FAR 15.403-4, on the date of agreement on price or the date of award, whichever is later; or before pricing any subcontract modification involving a pricing adjustment expected to exceed the threshold for submission of cost or pricing data at FAR 15.403-4, the Contractor shall require the subcontractor to submit cost or pricing data (actually or by specific identification in writing), unless an exception under FAR 15.403-1 applies. (b) The Contractor shall require the subcontractor to certify in substantially the form prescribed in FAR 15.406-2 that, to the best of its knowledge and belief, the data submitted under paragraph (a) of this clause were accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract modification. (c) In each subcontract that exceeds the threshold for submission of cost or pricing data at FAR 15.403-4,when entered into, the Contractor shall insert either— (1) The substance of this clause, including this paragraph (c), if paragraph (a)of this clause requires submission of cost or pricing data for the subcontract;or (2) The substance of the clause at FAR 52.215-13, Subcontractor Cost or Pricing Data— Modifications. INITIALS: & LESSOR GOVERNMENT GSA FORM 3517C PAGE 21 (REV 11/05) I� �I PSNM Lower Level— Collections Storage Area Mechanical Room Collections Storage Area i i tl Electrical Room/ Storage I i Kitsap Co ce or -, p.Arg KCC Storage of Bre on Par & . Dept. Equip nt Storage X = Not Leased (. 47= Common Area PSNM First Floor—Lobby and Exhibits °Heritage of Excepence° °Heritage of Excellence' 1 Family ~ ' Discovery Room ' PSNM Foundation i Gift Shop i Kitsap Con r ce Center 1' Fountain Room X= Not Leased ell = Common Area PSNM Second Floor— Exhibits West Gallery-- Temporary Exhibit& Dry Dock Theater Programming Space IL Spec Ops j Submarines 1� East Gallery— Temporary Exhibit Space --ju LF USS John C. Stennis USS John C. Stennis Men's Restroom Women's Restroom I 0 Common Area 1 i PSNM.Third Floor— Offices Storage Staff Lounge Reh Research Library PSNM PSNM Staff Foundation Office Exhibit Lab/ Storage EXHIBIT "B" SPECIAL CLAUSE Acts of God and Extra-Ordinary Circumstances a) If the building suffers significant structural damage or any defect or significant deterioration that is beyond general maintenance, the City may terminate the lease with 180 days' notice to the Government. However, the Government may opt to maintain its tenancy and avoid lease termination by repairing the building at its own cost. In the alternative, the parties may mutually agree to share the cost of repairs . This special provision shall control over General Clauses (2) and (3) . (40 From: Roy Runyon Sent: Wednesday, December 17, 2014 12:43 PM To: City Council Cc: Roy Runyon Subject: FW: Study Session Follow-Up (Naval Museum O&M Costs) I request that Consent Agenda item 6N. Real Property Lease Agreement with United States of America for Historic Building 50 (Puget Sound Navy Museum) be placed on General Business. I wish a fuller explanation as to why the taxpayers only receive $1/yr. lease in light of the costs of 0&M of the building (and surrounding grounds). --Councilman Runyon From: Christine Grenier on behalf of City Council Sent: Thursday, December 11, 2014 4:35 PM To: City Council Subject: Study Session Follow-Up (Naval Museum O&M Costs) Attn: Council Members (FYI) From: Cathy Johnson Sent: Thursday, December 11, 2014 4:11 PM To: City Council Cc: Patty Lent; Chal Martin Subject: Naval Museum Costs In response to a question raised at last night's study session regarding annual costs incurred by the City for Building 50— Bremerton Naval Museum, the tracked net operation and maintenance costs for 2010 through 2014 year to date are as follows: 2010-$45,805 2011 -$34,287 2012 -$30,005 2013 -$44,688 2014 YTD-$41,689 The 2015 budget includes$50,000 for external repairs and painting of the building funded from Real Estate Excise tax. There was also a question on the source of funds used to build the Fountain room. It appears that funding came from city resources as well as a grant from the Washington State Department of Commerce. Catktl Johnson Director of Financial Services City of Bremerton 3456 1h Street,Suite 600 Bremerton, WA 98337 360 473-5296 office cjohnson@ci.bremerton.wa.us Lori Smith From: Lori Smith on behalf of City Council Sent: Wednesday, December 17, 2014 2:06 PM To: City Council Subject: RE: Response to Questions - Council Agenda Item 6N (Roy Runyon) Attn: Council Members(FYI) From: Cathy Johnson Sent: Wednesday, December 17, 2014 12:31 PM To: Wyn Birkenthal; Roger Lubovich Subject: RE: Council Agenda Item 6N See below my responses to the questions raised. It might also be good to note that the federal government's contribution for the land, moving of the historic Building 50 and siting at its present location was valued at over $5,000,000. Also the costs that were provided to Council for annual maintenance include service contracts for the building HVAC, elevator and fire and security systems and utilities for the entire building which includes the Fountain room. These costs are approximately 90%of the costs identified. Let me know if you need anything else from me. Cathy Johnson Director of Financial Services City of Bremerton 3456 1h Street,Suite 600 Bremerton, WA 98337 360 473-5296 office ciohnson@ci.bremerton.wa.us From: Roy Runyon Sent: Wednesday, December 17, 2014 11:42 AM To: Wyn Birkenthal; Cathy Johnson Cc: City Council; Roy Runyon Subject: FW: Council Agenda Item 6N Wyn, Cathy, Please see concerns and questions provided by Mr. Parker below. What is the actual fiscal impact to the City taxpayers of owning and maintaining Bldg. 50 housing the Naval Museum? Thank you, Councilman Runyon From: Roy Runyon Sent: Wednesday, December 17, 2014 11:39 AM To: parker@tscnet.com 1 Cc: City Council; Wyn Birkenthal; Shannon Corin Subject: RE: Council Agenda Item 6N Mr. Parker, Thank you for your email. The concerns you expressed and questions you posed are quite valid considering the financial challenges facing the City of Bremerton government in general and the Parks Dept. in particular. I have forwarded your questions and concerns to the administration and I will follow-up prior to the council vote later on this evening. Regards, Councilman Roy Runyon City of Bremerton From: Robert Parker [parker@net-nw.com] Sent: Wednesday, December 17, 2014 5:23 AM To: Roy Runyon Cc: Greg Wheeler; Wyn Birkenthal Subject: Council Agenda Item 6N Honorable Councilman Runyon: Reviewing the consent agenda package for item #6N, Lease Agreement for Building 50, a few questions arise. The agenda package header page states "no budget impact". I am a little puzzled at that statement and wish to inquire regarding the statement. It is my understanding that the City is intending to lease a significant portion of the historic building #50 at the rate of$1.00 a year which includes the following: a. Water and electrical service b. Building systems and exterior maintenance c. Grounds maintenance d. Normal HVAC for public spaces e. Provide museum personnel with keys for unlimited access to museum spaces. f. Provide normal operational access to elevators, service areas, loading docks, and entry ways pertaining to the premises. Further identified and made part of the proposed lease: General Clauses: 3. The Lessor shall maintain the demised premises, including the building, building systems, and all equipment, fixtures, and appurtenances furnished by the Lessor under this lease, in good repair and tenantable condition. Upon request of the Contracting Officer, the Lessor shall provide written documentation that building systems have been maintained, tested, and are operational. Has the historic building, it's building systems, equipment, fixtures and grounds been inspected and found to be in full serviceable condition without identified maintenance or structural deficiencies in 2 preparation for this lease? There is no inspection report attached to the package and I have been unable to locate an "as is" clause or acceptance document. If the building does have documented deficiencies, has the required maintenance been budgeted and scheduled for repair to meet the "good repair' conditions of the lease? How does the city provide such services, utilities, and labor at no cost or with "no budget impact"? Surely there is a cost associated. Which department or which fund will be covering the cost for the services, materials, utilities and labor being included as part of the $1.00 lease? If the cost has already been incorporated into the current budget as part of the 2015 budgeting process, what are the identified cost associated with this $1.00 lease and where might the cost be found in the 2015 budget proposal? Could you please ask about the above concerns or request clarification prior to the approval? My concern is that an unfunded obligation may be headed or continued towards the Parks Department as they typically take care of most things in that area. Even a mixture of tasking that involves Public Works and Parks the same concerns would apply. It would be disappointing to see another facility go without care or proper maintenance due to no budget allocation or proper funding consideration. As you are aware, the Parks Department currently and in the past has been operating on a very tight budget with ever increasing unfunded tasking. These unfunded additional tasks acquired over time has caused such events as suspending water service to parks properties and other service contractions due to a lack of funding. Even if the services required are provided solely by Public Works it seems this would still have a budgeted cost identified. If possible, please submit or cause this correspondence to be added or made part of the official public record for this agenda item. If it should require a public records request to receive a response or the applicable documentation without a council response, please consider this as such. If the council is planning to address the above items in full at the council meeting tonight, please consider this public records request rescinded. Thank you so much for your service and leadership to the citizens and businesses of Bremerton. Robert Parker 360-377-6540 office 3 Lori Smith From: Cathy Johnson Sent: Wednesday, December 17, 2014 3:16 PM To: Roy Runyon; City Council; Patty Lent; 'parker@net-nw.com' Cc: Roger Lubovich;Wyn Birkenthal; Chal Martin Subject: Council Agenda Item 6N See below my responses to the questions raised in Mr. Parkers email. I would also like to clarify that the costs that were provided to Council in my email of December 11, 2014 for annual maintenance related to Building 50 of around $40,000 per year include service contracts for the building HVAC, elevator and fire and security systems and utilities for the entire building which also includes the Fountain room. These costs are approximately 90%of the costs identified. The costs are only those incurred by the Facilities department. Costs associated with the landscape maintenance performed by the Parks department have not been separately captured. Also of note is that the federal government's contribution for the land, moving of the historic Building 50 and siting at its present location was estimated at over$5,000,000. Cathy Johnson Director of Financial Services City of Bremerton 3456 th Street,Suite 600 Bremerton, WA 98337 360 473-5296 office dohnson@ci.bremerton.wa.us From: Robert Parker [mailto:parker@net-nw.com] Sent: Wednesday, December 17, 2014 5:23 AM To: Roy Runyon Cc: Greg Wheeler; Wyn Birkenthal Subject: Council Agenda Item 6N Honorable Councilman Runyon: Reviewing the consent agenda package for item #6N, Lease Agreement for Building 50, a few questions arise. The agenda package header page states "no budget impact". I am a little puzzled at that statement and wish to inquire regarding the statement. It is my understanding that the City is intending to lease a significant portion of the historic building #50 at the rate of $1.00 a year which includes the following: 1 AGENDA BILL '7A CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing on Ordinance Study Session Date: December 10, 2014 No. 5268 adopting the 2014 Wastewater COUNCIL MEETING Date:, December 17, 2014 Comprehensive Plan Update Department: PW&U Engineering Presenter: Chal Martin / Ned Lever Phone: (360) 473-5758 SUMMARY: The City of Bremerton has completed the preparation of the 2014 Wastewater Comprehensive Plan (WWCP). The WWCP provides a means to evaluate future wastewater collection system and treatment plant needs, identifies necessary improvements in the Capital Improvement Plan (CIP) and identifies future service demands based on adopted growth projections. The WWCP will replace the existing 2005 plan and bring the City into compliance with all Department of Ecology regulations for a General Sewer Plan as defined in WAC 173-240-020 and WAC 173-240- 050. The plan has been reviewed and approved by the Department of Ecology. The letter is attached. ATTACHMENTS: 1) Council Summary; 2)Talking Points; 3) Ordinance No. 5268; and 4) DOE Letter of Approval FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: ❑ No Presentation ❑x Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business rx-1 Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5268 adopting the City of Bremerton Wastewater Comprehensive Plan Update. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 ORDINANCE NO. 5268 AN ORDINANCE of the City Council of the City of Bremerton, Washington, updating the City of Bremerton Wastewater Comprehensive Plan. WHEREAS,the City of Bremerton desires to plan for the future and growth in its wastewater system service area; and WHEREAS, a wastewater comprehensive plan provides a means to meet future wastewater collection system and wastewater treatment plant needs; and; WHEREAS, the City has not adopted a wastewater comprehensive plan since the Wastewater Comprehensive Plan Update completed in 2005; and WHEREAS, the requirements for comprehensive wastewater planning are specified in State of Washington, Department of Ecology regulations promulgated under Washington Administrative Code 173-240-020 and 173-240-050; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City of Bremerton Wastewater Comprehensive Plan Update Final Draft dated October 2014 is hereby incorporated as if fully set forth herein and adopted as the City of Bremerton Wastewater Comprehensive Plan. SECTION 2. Severability. If any one 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. PASSED by the City Council the day of 52014 GREG WHEELER, Council President Approved this day of , 2014 1 Wastewater Comprehensive Plan —2014 PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of , 2014 EFFECTIVE the day of , 2014 ORDINANCE NO. R:\Legal\Legal\Ordinances\Public Works&Utilities\2014 Wastewater Comp Plan.docx 2 Wastewater Comprehensive Plan—2014 COUNCIL SUMMARY ®. I;JtEMEN Wastewater Comprehensive Plan Update wastewater Comprehensive October 2014 i Plan'update MAL The City of Bremerton has completed the Wastewater _ =z ` October 2014 Comprehensive Plan Update (WWCP)dated October 2014. The WWCP meets the requirements of a General Sewer Plan as required by WAC 173-240-020 and WAC 173-240-050. The plan evaluates future system demands, identifies areas of growth, identifies future system improvements that are necessary to maintain both system conveyance capacity and treatment capacity, and estimates the cost of those improvements. The document has a 20 year planning period and is typically updated on a six year cycle. The WWCP is available for viewing and can be downloaded from the City's website at http://www.ci.bremerton.wa.us/articles.php?id=2213. The Department of Ecology has completed its preliminary and final review and has approved the WWCP. The letter of approval is attached to the agenda bill. Review for compliance with the State Environmental Policy Act(SEPA)has been completed and a Determination of Non- significance was issued. Fiscal Summary The WWCP identifies both the near term (6 year) and long term (20 year)wastewater capital projects. These projects will be incorporated into the CIP and have been scheduled to align with the goals outlined in the rate study that was completed in 2013. Wastewater Comprehensive Plan Update—October 2014 Bremerton Council Summary 2014 WWCP Talking Points :131® , cry ol`�ne�ro�a . . . .. ...... .. Wastewater Comprehensive Plan Update :-'j Wastewater October 2014 - i Compreherisive j Plan Update FINAL The City of Bremerton has completed the Wastewater October 2014 Comprehensive Plan Update MMCP) dated October 2014. The WWCP meets the requirements of a General Sewer Plan as � required by WAC 173-240-020 and WAC 173-240-050. Some key details related to the plan are listed below. • Environmental review is complete and a Determination of Non-significance has been issued. • The Department of Ecology has reviewed and approved the 2014 WWCP. • The document has been posted on the City's website since October 27th. No comments have been received. • The WWCP includes a detailed 6-year CIP schedule and an inventory of projects to be completed within the 20 year planning horizon that will be scheduled in the future based on system priority. • The consultant ran a model of the primary transmission system. The modeling effort was conducted to validate that the current system has the capacity to handle the flow from the system expansion areas. • The UGA areas and other expansion areas were evaluated to establish flow rates that could be input into the model simulations. • It is anticipated that the improvements for the expansion areas will be funded by LID or grants totaling $22.1 million between 2015 and 2020. • The WWTP capacity was evaluated to verify the capability of serving the UGA and expansion areas. The evaluation identifies a potential need for a WWTP expansion within the 20 year planning horizon if all UGA and expansion areas are developed. This is considered unlikely as it requires that the population served will increase 50% in the next 20 years. The historical population growth between 2000 and 2010 was 1.2 percent. • The financial evaluation was based on the assumptions developed in the 2013 rate study and recommends 3.5% rate increases over the next 6 years which is reflective of the rate study. • Capital expenses are inflated at a rate of 3.5% per year. • The plan recommends the implementation and continuation of three O&M programs: o The ongoing TV inspection and evaluation of the collections system. o Inflow and Infiltration Reduction o The cleaning of beach mains and inverted siphons. Wastewater Comprehensive Plan Update—October 2014 Talking Points 4 Q, or, STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Northwest Regional Office *3 190 160th Ave SE• Bellevue, WA 980087.5452 •425-649-7000 711 for Washington Relay Service • Persons with a speech disahility can call 877-83.3-6341 November 14,2014 Mr.Pat Coxon,Wastewater Manager Department of Public Works&Utilities City of Bremerton 1600 Oyster Bay Ave S Bremerton,WA 98312 Re:City of Bremerton Comprehensive Sewer Plan(October 2014) Dear Mr.Coxon: Pursuant to RCW 90.48.110 and WAC 173-240-050,the above-referenced general sewer plan has been reviewed and is hereby approved. This general sewer plan approval shall not be construed as an approval of or authorization to extend service areas beyond growth management boundaries established under the Growth Management Act(GMA). Extensions of service into new areas shall be undertaken only after obtaining the advice and consent of the appropriate local GMA planning department or agency. Sewage collection facilities within the planning area boundary shall be constructed according to the approved general sewer plan or amendments thereto. Plans and specifications for construction of planned collection facilities shall be submitted to this department for review and approval in accordance with Chapter 173-240 WAC. Prior to construction,the District is required to submit a written description of the project and written assurance that the extension is in conformance with the general sewer plan.Engineering reports and plans and specifications for sewer line extensions,including pump stations,need not be submitted for approval,unless: a) The proposed sewers or pump stations involve installation of overflows or bypasses;or b) The proposed sewers or pump stations discharge to an overloaded treatment,collection,or disposal facility. If you have any questions concerning this approval,please contact Tonya Lane at 425-649-7050 or tonna.l an enecy.wa,aov. Sincerely, Kevin C.Fitzpatrick Section Manager 5 NWRO Water Quality Section e-cc: Ned Lever,PE,City of Bremerton Eric Haber•meyer,PE,HDR Inc. Lazaro Eleuterio,PE, Washington Department of Ecology AGENDA BILL 9A CITY OF BREMERTON CITY COUNCIL SUBJECT: NAD Cabin Agreement Study Session Date: December 10, 2014 With NAD Guardhouse Cabin Foundation COUNCIL MEETING Date: December 17, 2014 Department: Parks Presenter: Wyn Birkenthal Phone: 473-5752 SUMMARY: The Cabin located near the entrance to NAD Park has been vacant since the Boy Scouts terminated their lease in June of this year. Constructed in 1934, the Cabin is in need of extensive repair. In late September, the Parks Dept. advertised an RFP to determine if there were groups interested in repairing the building in exchange for use of the Cabin. One proposal was received as of the Oct. 30th closing date. The NAD Guardhouse Cabin Foundation ("Foundation") proposed to make the repairs outlined in the Eflgirreers report in exchange for use of the building for activities and events, environmental and historical education, activities supporting recreational use of N.A.D. Park, and community meetings. Under the proposal, the Foundation will make the Cabin available to neighborhood and community groups on a rental basis for meetings and events. ATTACHMENTS: Lease Agreement; Exhibit A— Legal Description; Exhibit B—Site Plan; Exhibit C— Lessee Improvement Schedule; Exhibit D—Appraiser's Analysis of Value Other attachments: Attachment 1 — RFP; Attachment 2— Letter from Foundation & Foundation Proposal; Attachment 3—Art Anderson Report; Attachment 4— Responses to November 12th PSP Committee Questions hS n FISCAL IMPACTS (Include Budgeted Amount): No Fiscal Impact, Repair cost to be borne by Foundation. STUDY SESSION AGENDA: ❑ No Presentation ® Full Presentation STUDY SESSION ACTION: • ❑ Consent Agenda ® General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Lease Agreement with the NAD Guardhouse Cabin Foundation and authorize the Mayor to finalize and execute the lease with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 LEASE AGREEMENT (Note-Changes to lease highlighted in yellow) THIS LEASE AGREEMENT(hereinafter"Lease") is between the CITY of BREMERTON, a municipal corporation, (hereinafter"City"), and the NAD Guardhouse Cabin Foundation, a Washington non-profit corporation(hereinafter"Lessee"). RECITALS WHEREAS, the City now owns certain land known as N.A.D. Park; and WHEREAS, it is the parties' desire to enter a Lease for a portion of N.A.D. Park, specifically the N.A.D. Log Cabin and adjoining property,by entering a five(5)year Lease,with an option to extend for five(5)years in consideration of proposed improvements to the Cabin by Lessee; and NOW, THEREFORE, the City and Lessee agree as follows: AGREEMENT 1. PROPERTY. 1.1 Property Defined. The Lessee leases from the City real property, including a building which is approximately nine hundred ninety(990) square feet and is commonly known as the N.A.D. Log Cabin, located at 1900 Austin Drive,Bremerton,within the confines of N.A.D. Park; said leased property is legally described in EXHIBIT A and further described in the site plan in EXHIBIT B(the "Property"). EXHIBITS A and B are attached hereto and incorporated herein by reference. 1.2 Survey, Maps, and Plans. Lessee is not relying upon and the City is not making any representations about any survey,plat, diagram, and/or legal description provided by the City. 1.3 Inspection. The City makes no representation regarding the condition of the Property or the improvements located on the Property, and leases the Property"as is." Lessee agrees to assume liability and indemnify the City pursuant to section 12.1 below. 2. USE. 2.1 Permitted Use. The Lessee and the City shall have the following rights to use the Property and the adjacent parking lot under this Lease: (a) Property. Lessee shall use the Property for Lessee activities and events, environmental and historical education, activities supporting recreational use of N.A.D. Park, and community meetings(the "Permitted Use"). Lessee shall make the Property available to the Bremerton Parks and Recreation Department and non-profit groups providing sanctioned activities at N.A.D. Park on a space available basis. Lessee may charge a reasonable fee for use of the Property provided that all fees collected are to be used toward the cost of the improvements listed in EXHIBIT C, other maintenance or improvements of the Property, and 1 Lease-NAD Cabin costs associated with other Lessee Permitted Uses. The Property shall not be used for other business or purposes without the prior written consent of the City. The Property shall not be used for illegal purposes. This Lease shall not be construed as the City's waiver of land use, building code provisions, or permitting that would otherwise apply to any improvements or uses of the site. (b) Parking Lot. Lessee shall have non-exclusive access to the adjacent public parking lot north of the Property for parking as needed for Lessee's Permitted Use of the Property. 2.2 Restrictions on Use. Lessee shall not cause or permit any damage to natural resources on or adjacent to the Property. Lessee shall not commit or allow to be committed any waste in or upon the Property. Lessee shall not generate,release, spill, store, deposit, transport, or dispose of any hazardous substances as set forth in section 10 below. Lessee shall not cause or allow any filling activity, including moving deposits of any matter, to occur on the Property without required permits and written approval by the City. If Lessee fails to comply with all or any of the restrictions on the use of the Property set out in this subsection 2.2,the City shall notify Lessee and provide Lessee a reasonable deadline to take all steps necessary to remedy the failure. If Lessee fails to do so in a timely manner,then the City may take any steps reasonably necessary as determined by the City,to remedy this failure. Upon demand by the City,Lessee shall pay all costs of such remedial action,including but not limited to the costs of moving, removing and disposing of any material placed improperly on the Property. This section shall not in any way limit Lessee's liability as set forth in this Lease. The covenants contained in section 2.2 shall survive expiration or termination of this Lease. 2.3 Conformance with Laws. Lessee shall, at all times and at its sole cost,keep current and comply with all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and other government rules and regulations regarding its use or occupancy of the Property. Lessee shall obtain all permits, including occupancy permits. 2.4 Liens and Encumbrances. Lessee shall keep the Property free and clear of any liens and encumbrances arising out of or relating to its use or occupancy of the Property. 3. TERM. 3.1 Term Defined. The term of this Lease is five(5)years(the "Term"),beginning on the 1 st day of January, 2015 (the"Commencement Date"), and ending on the 31"day of December, 2019 (the "Termination Date"),unless terminated sooner under the terms of this Lease("Initial Term"). 3.2 Option to Extend. Lessee shall have the option of extending this Lease for up to one additional five(5)year term("Option Period")upon delivering written notice to the City sixty(60)days prior to the expiration of the Term, if the Lessee timely and satisfactorily completes the tasks listed in EXHIBIT C,which is attached hereto and incorporated herein by reference. 3.3 Early Termination During Option Period. If Lessee exercises its option to extend the Lease under section 3.2,the parties shall have the following additional rights under this agreement. Lessee shall have the right to terminate the Lease at any time during the Option Period upon giving the City sixty(60)days prior written notice of termination. If the City determines that the Property is needed for City purposes(as opposed to private or commercial 2 Lease-NAD Cabin uses), the City may terminate the Lease,without cost or penalties, at any time during the Option Period upon giving the Lessee one hundred eighty(180)days prior written notice of termination. 3.4 End of Term. Upon the expiration or termination of the Term or Option Period, as applicable,Lessee shall surrender the Property to the City in the same or better condition as existed on the Commencement Date, reasonable wear and tear excepted. 3.5 Hold Over. If Lessee remains in possession of the Property after the Termination Date or Option Period, as applicable,the occupancy shall not constitute an extension or renewal of the Lease. The occupancy shall be a month-to-month tenancy,which may be terminated by either party on thirty(30)days written notice. The monthly rent during the holdover shall be in the amount of 100%of the Fair Market Value for renting the building and land,payable by the first day of each month, and all the terms of this Lease applicable to a month-to-month tenancy shall apply during the holdover period. If the City provides a notice to vacate the Property in anticipation of the termination of this Lease or at any time after the Termination Date or Option Period, as applicable, and Lessee fails to vacate within the time set forth in the notice,then Lessee shall be a trespasser, shall owe the City all amounts due under applicable law, and shall pay all costs and attorney's fees incurred by the City in removing Lessee and its personal property from the Property. 4. CONSIDERATION. There is no monthly lease payment during the Term or Option Period of this Lease. The consideration for the Lessee's use of the Property is the improvements the Lessee shall make to the Property at Lessee's sole expense,timely and to the satisfaction of the City, set forth in EXHIBIT C, and the City's right to use the property on a limited basis pursuant to Section 2.1 above. 5. OTHER EXPENSES. During the Term and Option Period, Lessee shall pay the following additional expenses: 5.1 Utilities and Services. Lessee shall pay all fees charged for utility services in connection with the use and occupancy of the Property, including but not limited to water, sewer, storm water, electricity,gas, and telephone service. Lessee shall also pay all costs associated with the alarm system, if Lessee chooses to use the system. City shall be responsible for maintenance of utility laterals to the building and the sewer grinder pump. Lessee shall be assessed actual costs of repair, as determined by the City, in the event of damage to the grinder pump unit caused by Lessee's activities and/or misuse of such unit. 5.2 Leasehold Excise Tax, Other Taxes and Assessments. Lessee agrees to pay the leasehold excise tax pursuant to Chapter 82.29A RCW currently in the amount of 12.84 percent and as may be adjusted pursuant to Ch. 82.29A RCW. Since consideration for the Lease is based on Lessee improvements to the Property in lieu of Lease payments, for purposes of assessment and payment of the leasehold excise tax, the leasehold value of the property is based on the factors as set forth in EXHIBIT D in the amount of$ 5,040.00 per year. Lessee may or may not have to pay all or a portion of the leasehold excise tax, depending on whether Lessee applies for and qualifies for an exemption under RCW 82.29A.130. The leasehold value will be adjusted every year during the Term and Option Period of this Lease based upon the prior year's Consumer Price Index(CPI) for All Urban Consumers (CPI-U)as published by the United States Department of Labor for Seattle-Tacoma-Bremerton, 3 Lease-NAD Cabin all items (1982-84=100). For purposes of the CPI adjustment, the base shall be the June 2014 CPI index June to June every five years (i.e. June 2014 -June 2019). The CPI adjustment shall occur on the following January 1St of each year during the Term and Option Period of this Lease. In addition, Lessee agrees to pay when due the leasehold excise tax, or any additional assessments thereto,with respect to any payment or obligation hereunder, which is deemed by the State of Washington to be taxable rent under said chapter and to indemnify and hold the City harmless from the same. Lessee shall pay quarterly to the City by the fifteenth day of the month following the end of each quarter, or as otherwise required by the State of Washington, the amount of the leasehold tax owing. Lessee may prepay these quarterly payments on a semi-annual or annual basis or as otherwise approved by the City. 5.3 Failure to Pay. If Lessee fails to pay any of the amounts due under this Lease,the City may pay the amount due, and recover its cost in accordance with the provisions of section 7. 6. CITY OBLIGATIONS, During the Term and Option Period,the City shall provide and pay for trash service, except disposal of demolition or construction debris. The City shall maintain the flag pole. 7. LATE PAYMENTS AND OTHER CHARGES. 7.1 Late Charge. If any Lease payment is not received by the City within ten(10) days of the date due, Lessee shall pay to the City a late charge equal to four percent(4%) of the amount of the Lease to defray the overhead expenses of the City incident to the delay. 7.2 Interest Penalty for Past Due Lease Payments and Other Sums Owed. If a Lease Payment is not paid within thirty(30) days of the date due, then Lessee shall, in addition to paying the late charges determined under subsection 7.1 above, pay interest on the amount outstanding at the rate of one percent(1%)per month until paid. If the City pays or advances any amounts for or on behalf of Lessee, including but not limited to leasehold taxes, taxes, assessments, insurance premiums, costs of removal and disposal of unauthorized materials pursuant to section 2 above, costs of removal and disposal of improvements pursuant to section 8 below, or other amounts not paid when due, Lessee shall reimburse the City for the amount paid or advanced and shall pay interest on that amount at the rate of one percent(1%)per month from the date the City notifies Lessee of the payment or advance. 7.3 No Counterclaim, Setoff, or Abatement of Rent. Except as expressly set forth elsewhere in this Lease,rent and all other sums payable by Lessee pursuant to this Lease shall be paid without the requirement that the City provide prior notice or demand, and shall not be subject to any counterclaim, setoff, deduction, defense or abatement. 8. IMPROVEMENTS,REPAIR AND MAINTENANCE. 8.1 Ownership of Improvements. So long as this Lease remains in effect, Lessee shall retain ownership of all trade fixtures and other removable improvements it may place on the Property(collectively"Lessee-Owned Improvements"). Lessee-Owned Improvements shall not include permanent construction, reconstruction, alterations, or additions to the Property by the I Lessee or the City("City-Owned Improvements"), or any Unauthorized Improvements as defined in subsection 8.5 below. Upon Lessee's completion of each of the required improvements listed 4 Lease-NAD Cabin in EXHIBIT C or any other permanent improvements, such improvements are the property of the City. 8.2 Construction. Lessee shall obtain all building and other required construction permits. Prior to Lessee commencing any construction, alteration,renovation,replacement, or major repair, Lessee shall submit written plans describing the proposed work to the Parks Director or his/her designee for approval. Construction activity shall not commence until plans are approved in writing. Lessee shall obtain a performance and payment bond in an amount equal to 100%of the estimated cost of construction for major repairs and permitted improvements unless otherwise waived by the City's Risk Management Specialist. The performance and payment bond shall be maintained until the costs of construction, including all laborers and material persons,have been paid in full. Upon completion of construction,Lessee shall promptly provide the City with as-built plans and specifications,unless this requirement is waived in writing by the Parks Director or designee. The provisions of this section do not obviate any permit requirements that may apply to the proposed activity. Except for those items identified in this Lease as City obligations, all improvements to the Property, including those listed in EXHIBIT C, shall be completed at Lessee's sole expense, and shall be done in compliance with all laws and governmental requirements. 8.3 Minor Repair and Maintenance. Lessee shall, at its own expense, maintain the Property and all improvements(regardless of ownership)in good order and repair,and in a clean and safe condition. The City's consent and approval shall not be required for any routine maintenance or minor repair made by the Lessee that does not result in the construction, alteration,renovation,replacement or major repair on the Property. 8.4 Removal. Unless otherwise agreed by the City in writing,Lessee-Owned Improvements,trade fixtures and personal property shall be removed by Lessee by the Termination Date. If the Lessee-Owned Improvements remain on the Property after the Termination Date,they shall become the property of the City without payment by the City, or if the City removes them, Lessee shall reimburse the City for the costs of removing the items and Lessee waives all claims for loss or damages to such items. 8.5 Unauthorized Improvements. Improvements made on the Property without the City's prior consent pursuant to subsection 8.2 or which are not in conformance with the plans submitted to and approved by the City("Unauthorized Improvements") shall immediately become the property of the City,unless the City elects otherwise. Regardless of ownership of Unauthorized Improvements, the City may, at its option, require Lessee to sever,remove, and dispose of them, charge Lessee rent for the use of them, or both. If Lessee fails to remove an Unauthorized Improvement upon request,the City may remove it and Lessee shall reimburse the City for the cost of removal and disposal. 8.6 Government-Required Repairs. Lessee shall, at its sole expense,make any and all additions,repairs, alterations, maintenance, replacements, or changes to the Property or to any improvements on the Property which may be required by any public authority,unless the City is obligated in this Lease to maintain the particular item needing repair. 8.7 City Repairs. The City shall not be required to make any alterations,maintenance, replacements, or repairs in, on, or about the Property, or any part thereof,during the Term or Option Period, except as specified in this Lease. 5 Lease-NAD Cabin 9. DAMAGE OR DESTRUCTION. x 9.1 Major Damage. In the event the Property, at no fault of the Lessee, is damaged to such an extent as to render the same unusable in whole or in substantial part, or is destroyed, Lessee shall give the City immediate written notice thereof, and it shall be optional with City to repair or rebuild the same. The City shall have not more than thirty(30)days after date of such notification to notify Lessee in writing of the City's intention to repair or rebuild the Property, or the part so damaged. If the City elects to repair or rebuild Property, the City shall perform the work of such repairing or rebuilding without unnecessary delay, and during such period the required timeline for Lessee's tasks in EXHIBIT C shall be stayed. If City shall fail to give the notice aforesaid, or chooses not to repair or rebuild, Lessee shall have the right to declare this Lease terminated by written notice served upon the City. If the City decides not to repair or rebuild the Property, the City may terminate this Lease,unless the Lessee chooses to repair or rebuild the Property at its own expense and so notifies the City in writing within thirty(30) days of the City's decision. If Lessee chooses to repair or rebuild, its obligations under EXHIBIT C shall remain. 9.2 Lessee-Caused Damage. Damage or destruction caused by Lessee's use of the Property shall be repaired at the sole expense of Lessee. 10. HAZARDOUS SUBSTANCES. Lessee shall not generate, release, spill, store, deposit, transport, or dispose of (collectively"Release") any hazardous substances, sewage,petroleum products,hydrocarbons, radioactive substances, medicinal, bacteriological, or disease-producing substances, hazardous materials, toxic substances or any pollutants or substances defined as hazardous or toxic in accordance with applicable federal, state, and local laws and regulations ("Hazardous Substances") in, on or about the Property. Lessee shall indemnify, defend and hold the City harmless from any and all claims, liabilities, losses, damages, cleanup costs,response costs, and expenses (including reasonable attorneys'fees) arising out of or in any way related to the Release by Lessee, or any of its agents,representatives, or employees, or the presence of such Hazardous Substances in, on or about the Property occurring at any time after the Commencement Date and arising out of the activities of Lessee, or any of its agents, representatives or employees. The provisions of this paragraph shall survive termination or expiration of this Lease. 11. ASSIGNMENT AND SUBLETTING. Lessee shall not sell, convey, mortgage, assign,pledge, sublet, or otherwise transfer or encumber all or any part of Lessee's interest in this Lease or the Property without the City's prior written consent. Such consent shall be at the City's sole discretion. 12. INDEMNITY. 12.1 Lessee agrees that the leased Property, which includes the Log Cabin, is in serious disrepair, agrees that the parties may not know all defects in the Property and leases the Property "as is,"and agrees that the Lessee is solely responsible for ensuring that the Property is safe for use and occupancy. The City shall not be liable for any injury to any person or for any loss of or damage to any property(including property of Lessee) occurring in or about the leased Property and caused by or resulting from any act or omission by Lessee, or any officer, agent, employee, guest, invitee, or visitor of Lessee; and, during the full Term and Option Period, Lessee agrees 6 Lease-NAD Cabin and covenants to indemnify, defend, and hold harmless the City and those persons who were, now are, or shall be duly elected or appointed officials or members or employees or agents thereof, against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgments of whatsoever kind or nature whether to persons or property,to the extent arising on said Property, or on any areas adjoining the same, which is under the control or use of Lessee pursuant to this Lease and arising out of or in connection with Lessee's use and occupancy of said Property. 12.2 The City agrees and covenants to indemnify, defend, and hold harmless the Lessee, its officers, employees, and agents thereof, against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgment of whatsoever kind or nature whether to persons or property, arising out of or in connection with the City's sole negligence in its performance under this Lease. 12.3 Should a court of competent jurisdiction determine that this Lease is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Lessee and the City, its officers, officials, employees, and volunteers, the Lessee's liability hereunder shall be only to the extent of the Lessee's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE LESSEE'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51,RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. This waiver has been mutually negotiated by the parties. The provisions of section 12 shall survive the expiration,or termination of this Lease. 13. INSURANCE. 13.1 General Commercial Liability.Insurance. Lessee, at its own expense, shall provide and keep in force with companies acceptable to Lessor comprehensive general liability insurance in the amount of not less than One Million Dollars ($1,000,000.00)per occurrence for bodily injury and property damage. Lessee shall furnish Lessor with a certificate of such policy within thirty(30)days of the Commencement Date of this Lease and whenever required shall satisfy the City that such policy is in full force and effect. Such policy shall name the City as an additional insured and shall be primary and noncontributing with any insurance or self-insurance carried by the City. The policy shall further provide that it shall not be canceled or altered without twenty(20)days prior written notice to the City. 13.2 Builder's Risk Insurance. During the time periods when the Lessee is making improvements to the Property, Lessee shall obtain Builder's Risk Insurance in an amount that will cover the value of Lessee's building materials. Lessee shall hold the City harmless for any loss or damage to Lessee's materials. 13.3 Worker's Compensation. During the time periods when the Lessee is making improvements to the Property, Lessee shall provide evidence of appropriate Worker's Compensation covering all workers on site. The City will not provide Worker's Compensation coverage. 13.4 Professional Liability Insurance. Any licensed professional who does work on or for the property must have insurance with limits no less than $1,000,000 per occurrence/claim. 13.5 Permanent Improvements. Once improvements are permanently affixed to the property, they belong to the City and are covered by the City's insurance. 7 Lease-NAD Cabin 13.6 Hazard Insurance. Lessee shall adequately insure all of Lessee's personal property, which is all property that is not permanently affixed to the property. 13.7 Certificate of Insurance. Lessee shall provide to the City documentary evidence, certified by the insurer, of all insurance required in this Lease. 13.8 Subrogation. The City shall not be liable to Lessee(by way of subrogation or otherwise)or to any insurance company insuring the other party for any loss or damage to any building, structure, or other tangible property, or any resulting loss of income, or losses under worker's compensation laws and benefits, if any such loss or damage is covered by insurance benefiting the party suffering such loss or damage or was required to be covered by insurance pursuant to this Lease. Lessee shall, upon obtaining the policies of insurance required give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in this Lease. 14. DEFAULT AND REMEDIES. 14.1 Acts Constituting Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Lessee: (a) Lessee abandons or vacates the Property, (b) Lessee fails to comply with any law,regulation,policy, or order of any lawful governmental authority; (c) Lessee becomes insolvent or files for bankruptcy; (d) Lessee makes or has made or furnishes or has furnished any warranty, representation or statement to Lessor in connection with this Lease,which is or was false or misleading in any material respect when made or furnished; (e) Lessee fails to complete the Improvements during the Initial Term of this lease set forth in EXHIBIT C during the time frames listed; or (f) Lessee fails to comply with any other provision of this Lease. 14.2 Lessee's Default. In case of a violation of subsection 14.1(e) or 14.1(f)by Lessee, the City shall notify Lessee in writing of such violation. The Lessee shall cure any default that imposes an immediate threat to the public health, safety or welfare within 24 hours. All other violations shall be cured within thirty(30)days following the delivery of said notice; provided, however,that if the nature of Lessee's default is such that more than thirty(30)days are reasonably required for such cure,then Lessee shall not be deemed to be in default if Lessee commences such cure within said thirty(30)days and thereafter diligently prosecutes such cure to completion. In the event of the failure of the Lessee to remedy any default or violation of the provisions herein contained within the period of time specified in the notice,this Lease and all rights of Lessee hereunder shall be terminated and the City shall have the right to enter upon the Property and re-take possession thereof. Continued violations for same or similar reasons may be grounds for immediate termination if a subsequent violation occurs after the City gives notice that it intends to terminate upon the further occurrence of similar violations. 14.3 Immediate Termination. Except as set forth in subsection 14.2, in the event of any default or breach by Lessee,the City may at any time terminate this Lease by written notice to Lessee, and the City shall have the right to immediately enter upon the Property and re-take possession thereof,without the necessity of a court order to do so. 8 Lease-NAD Cabin 15. ENTRY BY THE CITY. At any and all reasonable times during regular business hours, upon one (1)day prior notice to Lessee, City reserves and shall have the right to enter the Property to inspect the same a reasonable number of times, to submit the Property to prospective purchasers or Lessees, to repair the Property, and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the Property shall not be blocked thereby and further providing that the business of Lessee shall not be interfered with unreasonably. Lessee hereby waives any claim for damages or for any injury or inconvenience to or interference with Lessee's business or any loss of occupancy or quiet enjoyment of the Property, and any other loss occasioned thereby, if City shall have taken every reasonable measure to avoid any such injury, inconvenience or interference. City shall have the right to use any and all means which City may deem proper to open any doors or otherwise obtain access to the Property in an emergency, without liability to Lessee except for any failure to exercise due care for Lessee's property, and any entry to the Property obtained by City by any of said means or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into or a detainer of the Property or an eviction of Lessee from the Property or any portion thereof. 16. NOTICE. Any notices required or permitted under this Lease may be personally delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested,to the following addresses or to such other places as the parties may direct in writing from time to time: The City: Director of Parks and Recreation City of Bremerton 680 Lebo Blvd. Bremerton, WA 98310 Lessee: NAD Guardhouse Cabin Foundation c/o John Hayes Larson 1338 Broadway Ave. Bremerton, WA 98337 A notice shall be deemed given and delivered upon personal delivery,upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set forth above, whichever is applicable. 17. MISCELLANEOUS. 17.1 Authority. Lessee and the person or persons executing this Lease on behalf of -� p p g Lessee represent that Lessee is qualified to do business in the State of Washington,that Lessee has full right and authority to enter into this Lease, and that each and every person signing on behalf of Lessee is authorized to do so. 17.2 Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the parties, their successors, assigns, and all parties legally empowered with signatory rights of any party hereto. 9 Lease-NAD Cabin 17.3 Entire Agreement. This Lease, including the exhibits and addenda, if any, contains the entire agreement of the parties. All prior and contemporaneous agreements, promises, representations, and statements relating to this transaction or to the Property, if any, are merged into this Lease. 17.4 Nondiscrimination. Lessee shall not discriminate in employment or services to the public on the basis of sex, race, color, creed, national origin, age, sexual orientation, marital status, physical, mental or sensory handicap except an employment action based on a bona fide occupational qualification. 17.5 Waiver. The waiver by the City of any breach or default of any term, covenant, or condition of this Lease shall not be deemed to be a waiver of such term, covenant, or condition; of any subsequent breach or default of the same; or of any other term, covenant, or condition of this Lease. The City's acceptance of a Lease payment shall not be construed to be a waiver of any preceding or existing breach other than the failure to pay the particular Lease payment that was accepted. 17.6 Cumulative Remedies. The rights and remedies of the City under this Lease are cumulative and in addition to all other rights and remedies afforded to the City by law or equity or otherwise. 17.7 Time is of the Essence. TIME IS OF THE ESSENCE as to each and every provision of this Lease. 17.8 Severability. If any provision of this Lease shall prove to be invalid, void, or illegal, it shall in no way affect, impair, or invalidate any other provision of this Lease. 17.9 Costs and Attorney Fees. If,by reason of any default or breach on the part of either party in the performance of any of the provisions of this Lease, a legal action is instituted, each party agrees to pay its own costs and attorney fees in connection therewith. 17.10 Applicable Law and Venue. This Lease shall be interpreted and construed in accordance with the laws of the State of Washington. Any reference to a statute shall mean that statute as presently enacted or hereafter amended or superseded. Venue for any action arising out of or in connection with this Lease shall be in the Superior Court for Kitsap County, Washington. 17.11 Modification. Any modification of this Lease must be in writing and signed by the parties. The City shall not be bound by any oral representations or statements. 17.12 Survival of Covenants. The covenants contained herein survive the termination or expiration of the Lease for the applicable statute of limitation periods. 17.13 Quiet Enjoyment. The City covenants and agrees that Lessee, upon performing the terms and conditions of the Lease,may peacefully hold and enjoy the Property during said term without any interruption by the City, its successors or assigns. City will use its best efforts not to interfere with Lessee's business or right of access to and from the Property during the term of this Lease. 17.14 Recording of Lease. Neither the City nor Lessee shall record this Lease. 17.15 Execution. This Lease may be executed in several counterparts, each of which shall be deemed an original instrument. 10 Lease-NAD Cabin THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below. CITY OF BREMERTON NAD GUARDHOUSE CABIN FOUNDATION By: Patty Lent By: Its: Mayor Date: Date: APPROVED AS TO FORM: Roger A. Lubovich, City Attorney STATE OF WASHINGTON ) COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Patty Lent is the person who appeared before me, and acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as Mayor of the City of Bremerton to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument. WITNESSETH my hand and seal this day of , 2014. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires 11 Lease-NAD Cabin STATE OF WASHINGTON ) COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it to be the free and voluntary act for the uses and purposes mentioned in the instrument. WITNESSETH my hand and seal this day of , 2014. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires R:\Legal\Legal\Contracts\PARKS\NAD Cabin\NAD Log Cabin Lease 12.11.14.doc 12 Lease-NAD Cabin EXIIIBIT C Lessee Improvements and Work Schedule It is recognized that the time frames set forth below for the Improvements may need to be modified based on the results of the various investigations and repairs. The Work Schedule may be altered with the Parks Director's approval. (Irrespective of any changes in the work schedule, all improvements must be completed within:the Initial Term of this lease in order to exercise the option to extend this lease pursuant to section 3.2 above.) 1"Year Investigations: • Asbestos • Lead Paint • Termite&Pest • Electrical System • Chimney • Mold Minor Repairs: • Locks&security system update • Fix up&paint the back room • Fix,uncover,&bar windows • Install internal accessible ramp between levels • Repair loading dock • Shore-up sagging floor • Clean,fix,&recap chimney • Clean moss/debris off of roof • Clean out crawl space • Seal&cover holes in logs(temporary fix) • Insulate water piping • Fix roof leak • Install low flow toilet&lavatory faucet 2°d Year Minor Repairs: • Roof replacement • Crawlspace: open access,clean out crawlspace,install vapor barrier if needed • Paint exterior of addition Major Repairs: • Restroom accessibility: determine best option to develop fully accessible restroom in cabin; construct needed improvements to meet ADA code 3'd&4`h Years Minor Repairs: • Replace the flooring • Paint/seal the logs Major Repairs: • Gutter&downspout replacement • Replace all logs and sections of logs that are deemed unsound due to dry rot,insect infestation,wear or other causes with wooden logs of a type that maintain the character of and uphold the structural integrity of the building • Insulation—floor&roof: verify presence of insulation; increase insulation depth where needed • Stabilize and repair the cabin's foundation • Install a foundation for the addition Exhibit A Legal Description That portion of Government Lot 4 (SW '/4 of the SW '/4) of Section 9, Township 24 North, Range 1 East, W.M., situate in the City of Bremerton, Kitsap County, Washington, more particularly described as follows: Beginning at the SW corner of said Section 9, an existing monument, thence easterly along the south line of said Section 9 and the northerly right of way of Kitsap Way (formerly SR 21A) 90 feet to its intersection with the centerline of Austin Drive and the True Point of Beginning; thence northerly along said centerline of Austin Drive 154 feet; thence easterly on a line parallel and 12 feet north of the north wall of an existing log cabin 90 feet; thence southerly on a line parallel and 35 feet east of the east wall of said existing log cabin 154 feet to the south line of said Section 9; thence westerly along said south line 90 feet to the True Point of Beginning. Except Austin Drive. Consisting of approximately 11,500 square feet. N.A.D.Guardhouse Cabin — — — — — — — — A--I EXHIBIT B Tiw. CABIN Fl F-) — — 1 ,zt:Fc �. • __ � �I��15 ReMo�f�p�--�� N I�FIW-Erb I � PLAN VIEW Z Exhibit D kA • C • E PS, Inc. Appraisal • Consulting • Environmental Screening r September 16, 2014 Mr. Roger Lubovich City Attorney City of Bremerton 345 6th Street Suite 600 Bremerton, WA 98337 RE: ANALYSIS OF MARKET RENT- 1900 Austin Drive, Bremerton, WA Assessor's Tax Parcel No. 082401-4-020-2007 Dear Mr. Lubovich: At your request,I have completed an analysis of the Fair Market Rent for the above referenced building located within the NAD Park. The purpose of this analysis is to establish the"Fair Market Rent"for the subject property. The intended use is to assist in determining the appropriate lease tax as determined by statute. Scope of Analysis The lease rate which is set forth is based on site inspection and analysis of pertinent data. The rate was established based upon a comparative analysis of other leased properties which are similar in utility to the subject property. Property Overview The subject of this report is an old log cabin, 1090 square feet in size, which was built in 1934 and was reportedly,the guardhouse for the ammunition depot which was once located on the 78 acre site. The cabin has been maintained over the years and some structural work was completed on the log wall a number of years ago,however,there is significant log repair which is needed at this time. The interior is old and dated but is functional. There are three rooms,one of which is a large open room used for meetings. There is also one bathroom. The roof is in need of replacement as there are active roof leaks in the vicinity of the fireplace. A portion of the building has sloping floors indicating that there is some floor support/foundation work which also needs to be completed. The Boy Scouts of America had previously occupied the cabin for meetings but has since vacated the building. Users of the building share the available parking with Park visitors as there is no dedicated parking for the building. The building is served by public water,power and phone is also available. Sewage disposal is handled by an individual septic system which appears to be functioning at this time. P.O. Boa 3241,Silverdale,Washington 98393 (360)692-5081 Fax(360)692-5126 email acepsinc©yahoo.com Report Type The report type is a Summary Report This analysis is intended to conform with Standard I of the Uniform Standards of Professional Appraisal Practice, as it applies to this type of consulting assignment. This report also was completed in compliance with the professional and ethical standards adhered to by members of the National Association of Independent Fee Appraisers,of which the author is a member in good standing. Potential Users of the Building The property is located off of the main arterial roadway and is accessed by a local access road which runs through the NAD Park from State Highway 3 to Kitsap Way. There is some traffic flow from vehicles driving through the park as a"short-cut"to the State Highway,but traffic flow and visibility is insufficient for a successful retail business. Past uses have included use as a meeting place for non-profit organizations. The building could function as a dance studio,martial arts classroom,pilates or yoga studio or could serve as administrative offices or headquarters for a non-profit organization or foundation which does not require high traffic flow or a large number of parking spaces.Typically these types of users are not so much concerned about the location of the building but require an open floor plan with restroom. Given the fairly open floor plan of the building,the building could also be used for storage if the roof is replaced to eliminate the active roof leak. Methodology The building,as it currently sits,is disparately in need of repairs and is not desirable in it's condition. While the building is capable of generating some income,it is not likely to command a high lease rate due to the condition. Nevertheless,the only reliable method for determining the potential income which the building is able to generate is by comparison with other spaces being rented for uses similar to those which have been identified as potential uses for the subject building. Analysis For purposes of this analysis,lease comparables were chosen based upon the following criteria: a)Location away from major retail corridor with limited visibility b)Older structures with similar utility c)Buildings is less than average condition d)Older storage units in similar locations Summary of Comparable Lease Data for Buildings of Similar Utility 1 M iyl:''r.'�� R—IMP Z"O � "Fi°- F'..,�i""x Z" "[ S a's�..'. F., p„4 'Ir^S MIM tee ; .. eo k cation r. se. �S sent;/mo. � rI AN Subject Yoga/Pilates/Storage 1,090 1530 Retsil Rd SE Dance/Martial 1,600 $ 1,150 $ 13,808 $.72/sf $8.63/sf Port Orchard 3540 NW Anderson Hill Rd Office 832 $ 450 $ 5,400 $.54/sf $6.49/sf Silverdale r Survey of Storage Rates Market lease rates for older storage complexes in the Kitsap County area were taken surveyed and data from previous appraisals were analyzed according to their similarity in age,condition and location. Based upon file data,dated between 6/2012 and 9/2014,mini-storage rates for similarly desirable storage space ranged from$.58 per square foot for large units to$ 1.20 per square foot for smaller units. Larger units being those which are larger than 8x10. Recapitulation and Conclusion There is very little rental data available for structures of this type in unique locations like the subject's. The process of determining the fair market rent for the subject building included the analysis of two rental properties which are in less than average condition and are in similar locations off of major arterial roadways. The lease rates they produce range from$ .54 per square foot to $ .72 per square foot. The Retsil property is in better condition but is similar in location: The Anderson Hill Road property is similar in condition but the location is slightly superior to the subjects. This suggests a narrowed range of rates and also suggests that the appropriate rate is near the lower end of this range. The storage space rate survey produced a range from $.58 per square foot for large units to$ 1.20 per square foot for smaller units. The subject would be larger than the largest storage unit found in the survey which suggests that the rate if used for storage may be less than$ .58 per square foot. The survey of lesser utilility buildings suggests a rate which is less than$54/sf and the survey of larger storage units suggests a rate which is less than$ .58 per square foot. For the purposes of this lease rate analysis, a rate of$ .50 per square foot of the building is considered appropriate. When this rate is applied to the subject's building size,the following estimated Monthly Fair Market Rent is produced: 1,090 square feet @$ .50/sf= $ 545.00 Rounded to $545.00 per month Adjustments to Market Rent/Adjusted Market Rent The tenant is responsible for all maintenance of the building. The roof needs to be replaced immediately if the building is to have any significant utility. The estimated cost to remove the old roof and replace with a metal roof is$ 7,500. This capital expense equals$ 125 per month of the initial five year term of the lease. When this pro-rated cast is subtracted from the"as repaired"market rent calculation,the following"as is"market rent is produced: $ 545.00 per mo. -$ 125 per mo. =$ 420.00 (As is Fair Market Rent) If you have any questions after you have had time to thoroughly read the report,please feel free to call my office. Respectfully submitted, Rick D. Wells,IFAS WA State Certified General Appraiser#1100344 LOCATION MAP mecum P. 1 PortT I Ludlow Mukllteo ttl4 � 57.t. US P_UG E T1 Port Gamble oulkene Ellmond5 i Sta y nwo; 101 In stn MOO104 " tt�o NIP,a�ee �o oulsbo 5' elhell 4 SOUND Otis t Brinnon •4 Ir n SUB ( '"j) �'• Seattle olnybrldo 000 Winslow ]O] Island ellevue�1�0�• ..�itaYe ,I— U. Bremerton portt Orchard auntlero AOS Southworth vastsan I.Innwaup J Hohts R non a Bell* � Yoshon Normand HoodspoA Park Q,. Geaat ,shod Kent 3 0� Des Moines tut,�/may jtil Gig Harbor unw J 1"r•'°•1- p TahleQuah Point 5 }� 4� Auburn V Horlsfene O C t lshn Shelton d Flrcrest 110 File Sumner 0 a Tacoma 101 AndersonD Puyallup l' tell acoom a^"k•• a Parkland JDu Pont Olympia O"Ing tl � 5 FORT LEWIS Aberdeen, 101 SUBJECT PHOTOGRAPHS, ' 1 .`� x � � ''i -.' yy tic�"j�� � • Rolm IFF FIE Front Rear - - _ _. • ice` ^'���� �� _ v - __ --_ :�� i ---- -�_-�_-� =.yam -�,� 3,•.r; -- -• �;, ti� Interior Main Meeting Room ,F.y • �1r �t Addition � I �a 1 J Office Area - l O fv. I Restroom BUILDING PERIMETER SKETCH ro 21.9 D1 del Ad es Bath TV i filaim,Rocan 21.0 The City of Bremerton, VIVA Attachment 1 0 MIN 11 walitil �1 ® Is • y' =14 Home I City Hall Request for Proposals Business Restore NAD Park Cabin Visiting The City of Bremerton is seeking proposals for the restoration and lease of a 748 square Around Town foot*log cabin located at 1900 Austin Drive,within Naval Ammunition Depot(NAD) Parks & Recreation Park.The cabin is believed to have been built in 1934 by the Civilian Conservation Corps. The structure served as the Depot entry guardhouse until 1959 when facility operation by Departments the US Navy stopped. In 1962 the cabin was transferred to the City of Bremerton as a City Employment part of a larger community park.The structure was vacant until 1989 when the Boy Contacts&Comments Scouts partially renovated the cabin and used it as a Scout store.Scout usage ended in June of 2014. Council/Distrlct Meetings Parks&Rec Registration An inspection report on the cabin was performed by Art Anderson Associates Engineering firm in the spring of 2014.The report documents the condition of the cabin and makes Codes&Ordinances repair recommendations.This report is available from the Bremerton Parks and Forms&Applications Recreation Department.Interested parties may arrange a tour of the cabin by calling Rates&Fees 360-473-5305.The City seeks a non-profit group or similar organization to restore the cabin in exchange for granting a rent free lease of the building for a period of 5 years Online Payments with lessee's option to extend for an additional term of 5 years. Permits&Enforcement Public Records&Info *cabin has a 14'x 22'addition that Is not part of the original C.C.C.log structure. � � Search I City of Bremerton Proposals to include the following elements 345 6th Street,Suite 600 Bremerton,WA 98337 1. Name,address and mission statement of your organization Contact the City! 2. How will the cabin be used by your group during the lease period?Will it be E-mail the Webmaster accessible to the public?if yes explain amount and circumstances of anticipated I i public use. 'rv BREMERTON 3. Outline your approach to making cabin repairs,Include sequencing,timetable, Interim stabilization steps,who do you anticipate will perform the repair work? i eno-�erofcona"e 4. How will the repairs be funded?If fundraising is Integral to the repairs please p 4 outline your fundraising plan. Visitfi l 5. Does your organization have prior experience performing building ---��ia�4 ts.7ap p renovation\repair projects?Explain any relevant experience or qualifications your Peninsula group has in the areas of construction trades,structural renovation,permitting, The. Natllt'al Side architecture or engineering,log structure repairs. of Pu-set Soli nd" 6. Names of Board of Directors and Officers 0 -3 7. Title and signature of person authorized to submit proposal VisitKitsap.comm Proposals are due on or before October 30th at 5:00 PM.City of Bremerton Parks and Recreation Department 680 Lebo Blvd. Bremerton,WA,98310. Home I City Hall I Community I Business I Visiting I Around Town I Departments I Disclaimer 0 2003-2014 City of Bremerton-All Rights Reserved http-//www.ci.bremel-ton.wa.us/alticles.php?id=2204 10/28/2014 NAD PARK CABIN LEASE PROPOSAL RFP CRITERIA Applicant: NAD Guardhouse Cabin Foundation 1) Name,Address,Mission Statement listed,mission statement appropriate to RFP 2) How will the Cabin be used ?Will operate as a community meeting place,interpret NAD parks history, Used for Foundation and Park Events,Gather input for future master planning of NAD Park. 3) 4),Approach to funding\making Cabin repairs:4 year timeline submitted covering major repair areas listed in the Engineers report on the Cabin's condition, Foundation to use volunteer labor . in combination with fundraising events,direct solicitation and word mouth for contributions to buy materials. In kind donations of labor,grants for restoration costs and fees received for public use of Cabin. Repair work to be carried out by Foundation members and contractors donating labor. 5) Prior experience with making performing building renovations?One member works in the architectural field familiar with building codes and permitting,second member is a landlord who does work on rental houses 6) Board of Directors:John Larson, Robert Dollar, Deidre McKeel, Bernie Fleming,Cindy Duvall, members have good range of experience,all have community involvement backgrounds, familiar with local government and non-profit realm. 7) President of Cabin Foundation,John Larson submitted signed proposal. Attachment 2 NAD Guardhouse Cabin Foundation 1338 Broadway Ave. Bremerton,WA 98337 October 30, 2014 Wyn Birkenthal City of Bremerton Parks and Recreation Department 680 Lebo Blvd. Bremerton, WA RE: Proposal to Restore NAD Park Cabin Mr. Birkenthal, In response to the City of Bremerton's Request for Proposal to Restore NAD Park Cabin we are pleased to submit our(NAD Guardhouse Cabin Foundation's)proposal to restore and lease the log cabin located in NAD Park. ' I We believe that this log cabin is a valuable asset to not only the park itself but to the entire City and should be properly restored and maintained. Our attached proposal is in presented in two parts. The first section is provides an overview of our proposal and answers the specific questions asked in the RFP. The second section is a copy of our Business Plan for restoring and maintaining the cabin and goes into greater depth in describing our foundation,its mission and philosophy,and the process we are going to follow. We look forward to working with you,the Parks and Recreation Department,and the City of Bremerton in restoring and maintaining the Cabin at NAD Park. If there are any questions we can answer please let us know. In advance,thank you. Sincerel rl John Hayes Larson President, Board of Directors (360) 373-8634 John.Larson@nadgcf.org -� PROPOSAL TO RESTORE NAD PARK CABIN BY THE NAD GUARDHOUSE CABIN FOUNDATION sem_ o �Tt yY♦ The NAD Guardhouse Cabin Foundation is a 501(c)(3) non-profit charity corporation formed for the purpose of leasing, restoring, and running the NAD Park Cabin and is hereby submitting this proposal to the City of Bremerton in response to the City's Request for Proposals to Restore NAD Cabin Park. This proposal is divided into two parts. This first part is the formal proposal and answers the questions contained in the RFP. The second part is attached and is comprised of a copy of the foundation's October 30, 2014 Business Plan which provides a more in-depth description of and narrative for the foundation(its purpose, mission, values, and organization), the cabin (its condition, history, uses and potentials), and the restoration process (work needed, timeline, revenue & funding models, and the anticipated expenses and the funding sources). 1 of 5 The NAD Guardhouse Cabin Foundation has familiarized ourselves with the March 17, 2014 Inspection Report preformed by Art Anderson Associates Engineering firm on the condition of the cabin located at 1900 Austin Drive in City of Bremerton's NAD Park and have made several inspection visits of the cabin and park ourselves We are confident that we have a good understanding of the current physical state the cabin is in,what restorations are needed, and what it will take to run the cabin as a public meeting space. This Proposal is for the restoration of the cabin in exchange for granting a rent free lease of the building for a period of 5 years with lessee's option to extend for an additional term of 5 years. Beyond the restoration and operation of the cabin, the history behind the cabin,the Naval Ammunition Depot, and the role that the Civilian Conservation Corps played in its construction is an important component of this project. The Foundation intends to research, interpret, and display this history. The Foundation also intends to provide support for all of the other functions and activities occurring at NAD Park and offer assistance in the future master planning of NAD Park and NAD Marine Park. QUESTIONS ASKED IN THE RFP: 1) Name, address and mission statement of your organization. Name: NAD Guardhouse Cabin Foundation Address: c/o John Hayes Larson 1338 Broadway Ave Bremerton, WA 98337 Mission Statement: The mission of the NAD Guardhouse Cabin Foundation is to: o Renovate,restore and maintain the historic log Guardhouse Cabin located in NAD Park in Bremerton, Washington a Operate the Cabin as a meeting place for community and civic groups. a Collect,preserve, exhibit, and interpret the history of the Cabin,the Puget Sound Naval Ammunition Depot (NAD) and the work of the Civilian Conservation Corps (CCC) in the Kitsap County, Washington region. ® Provide support services to supplement the City of Bremerton Parks and Recreation Department's services, events, functions, maintenance and planning for NAD Park. 2of5 Purpose of the Foundation: 1. Renovate, restore, and maintain the cabin as a historic structure; 2. Strive to have the Cabin listed as a historical structure; 3. Operate the cabin as a meeting place for the community, charging a rental fee for its use; 4. Collect, preserve, exhibit, and interpret the history of the Cabin, the Puget Sound Naval Ammunition Depot, and the work of the Civilian Conservation Corps in the Kitsap County, Washington region; 5. Provide support services to supplement the City of Bremerton Parks and Recreation Department's services, events, functions, maintenance,promotion, and planning for NAD Park and for NAD Marine Park; b. Operate a small retail center that serves the foundation and other users of the NAD Park. Additional information on the Foundation (contact info, licensing,registration, history, policies) can be found on pages iii, iv, 4, 5, 10, &11 of the Business Plan. 2) How will the cabin by used by your group during the lease period? Will it be accessible to the public? Ifyes, explain amount and circumstances of anticipated public use. The Foundation intends to operate the cabin as a meeting place for the community and general public, charging a rental fee for its use that is along the same terms and conditions that the City of Bremerton Recreation and Parks Department rents available meeting spaces within their other facilities. The Foundation looks forward to the possibility of working with other groups utilizing NAD Park by seeing if it would be mutually beneficial for a portion of the cabin to be utilized for their purposes, such as a small retail and information center for the Disk Golf course. Because of the rich history of the cabin and of the Naval Ammunition Depot, the cabin will be utilized as a location that this history can be preserved and exhibited. Additional discussion of the uses for the cabin can be found on pages iii, iv, 2, 3, 4, 8, & 9 of the Business Plan. 3) Outline your approach to making cabin repairs, include sequencing, timetable, interim stabilization steps, who do you anticipate will perform the repair work? The Foundation is proposing a 4-year approach to making repairs to the cabin. During the first and second years our focus will be on additional inspections, abatements,and minor repairs along with fundraising for the major repairs. The third and fourth years will focus on making the major repairs to the cabin. 3 of 5 In the minor repair category of work, initial stabilization steps will be undertaken such as shoring up the floor, fixing the roof leaks, fixing and recapping the stone chimney, crawl space cleanout, temp sealing holes in the log walls and covering the rotted log ends where needed, and uncovering and securing the windows. Most of the work will preformed by volunteer labor supervised by in-kind donations by skilled craftsmen. For the task that require specialized knowledge and expertise, professionals in these fields will be sought out and utilized. A more detailed timeline and breakdown of the renovation tasks can be found on page 13 of the Business Plan. 4) How will the repairs be funded? If fundraising is integral to the repairs please outline your fundraising plan. Fundraising is integral to the successful renovation of the cabin. We have identified 8 major revenue categories that we will be taping into and pairing them with the expense categories that they will fund. We have refined the cost estimates for the renovation work that was contained in the Art Andersen's Inspection Report to cover all of the work necessary to bring the cabin up to the standards that would be expected for a City of Bremerton facility. In order to not underfund the work, we have taken a more conservative approach in assigning costs for the tasks than the inspection report did. See the Revenue/Funding Model and the Expenses& Sources sections(pages 14-16) of the Business Plan. 5) Does your organization have prior experience performing building renovationlr•epair projects? Explain any relevant experience or qualification your group has in the areas of construction trades, structural renovation,permitting, architecture or engineering, log structure repairs. John Hayes Larson, a board member, has a Bachelor of Architecture degree, 14 years experience running a successful design-build company which specialized in renovation work, 2 years of working for timber framing companies, and 20 years working for architectural and engineering firms. His work has included construction drawing preparation and specification writing,building and zoning permit processing, along with construction contract management for projects which have involved CDBG Grant and/or other grant funding sources. Deirdre McKeel, another board member, brings her project management experience. 4of5 We have been in contact with former members of Team Yeomalt on Bainbridge Island who were involved in the restoration of the Camp Yeomalt Log Cabin for technical along with practical assistance in dealing with log cabin renovation utilizing volunteers and fundraising. Bernie Flemings, a third board member, research into the history of this cabin brings us contacts with the Washington State's historical department with their knowledge and expertise in restoring historic structures including log cabins. We also intend to tap into the National Park Service's vast technical knowledge data base and best practices for restoring historic log cabins. Bios of the board members can be found on page 12 of the Business Plan. 6) Names of Board of Directors and Officers. NAD Guardhouse Cabin Foundation is governed by a 5 member Board of Directors. Board Member Office John Hayes Larson President Robert Dollar Vice President and Treasurer Deidre McKeel Secretary Bernie Fleming Historian& Curator Cindy Duvall Volunteer, Event & Fundraising Coordinator See page 12 of the Business Plan for additional information on the Board of Directors and Officers. 7) Title and signature ofperson authorized to submit proposal. The NAD Guardhouse Cabin is pleased to submit to the City of Bremerton Parks and Recreation Department this Proposal to Restore the NAD Park Cabin. 4�1 il --� — lZ? John Hayes Larson, Date President, Board of Directors 5of5 This page left intentionally blank BUSINESS PLAN OF NAD GUARDHOUSE CABIN FOUNDATION .r .. "''� `.4.., cS, ,� KS' �,�9� •�� -'Z_� �r mss,., Why preserve? just having the good sense to hang on to something because it's good to look at, because it works, because it links us with a past that we need to a F October 1 _ 6k4 � � ... �: it }I ��' ��' h `•' k'� t ,s, t-. h. .:•,'�`0�-; .i•'l' ...�`•-•��� -«/� - Ads�';�. .jf C'i�. •\�, _ :� b'•• :•An f 1 pq a5 UvAkk}a�,•11tt a it P•':-9 � S '�ab� 13� 11 ,... ti2':fr{•..t . ...Yf,�J `A :-y�-'p._'` >' ..a'.+>.• �'�. �''r�?'S,$.i'�� - NA ® Guardhouse Cabin Foundation The mission of the NAD Guardhouse Cabin Foundation is to: Renovate, restore and maintain the historic log Guardhouse Cabin located in NAD Park in Bremerton, Washington. Operate the Cabin as a meeting place for community and civic groups. Collect, preserve,exhibit, and interpret the history of the Cabin,the Puget Sound Naval Ammunition Depot(NAD)and the work of the Civilian Conservation Corps(CCC) in the Kitsap County, Washington region. Provide support services to supplement the City of Bremerton Parks and Recreation Department's services, events, functions,maintenance and planning for NAD Park. 1. From a speech given in September 1990 by Dwight Young, Senior Communications Associate for the National Trust for Historic Preservation Revised ii BUSINESS PLAN OF THE NAD GUARDHOUSE CABIN FOUNDA'T'ION EXECUTIVE SUMMARY The NAD Guardhouse Cabin Foundation is a 501(c)(3) non-profit charity formed for the purpose of leasing, restoring; and running this historic log Cabin located at the entrance to NAD Park in Bremerton, Washington. The Foundation is in the process of negotiating a lease for the Cabin from the City of Bremerton. The Cabin is currently without a tenant or use and is need of an extensive restoration effort. The City is financially not in a position to restore or even to maintain it. Without outside input of capital and labor the Cabin will further deteriorate to a point that it would not be feasible to save it. Letting the Cabin reach that point would present an unacceptable loss to the City and to history, especially when there is a group willing to take on and conquer this challenge. While some may just see a rundown old log cabin barely worth the effort to tear it down, the Foundation sees the value and opportunities that the Cabin presents; it's a piece of the history of the region ready to once again serve, it's a beautiful a log cabin located in a matured treed park; it's a focal point and activator for the park, and it can be a public meeting spot for underserved Kitsap Lake community of Bremerton. The Cabin played an important part in the local history of Bremerton. It was built as the guardhouse for the main gate to the now decommissioned Naval Ammunition Depot(NAD) and is one of the last structures of this depot remaining. It is unique in that it was built by the Civilian Conservation Corps (CCC) as a structure for the Navy and is a excellent example of their craftsmanship and style of construction. The Cabin would now take on the role of a place to display this history. iii Beyond restoring and preserving the Cabin,the Foundation intends to run the Cabin as a public meeting hall. The west side of Bremerton is underserved and is without a public meeting space. In addition,having the Cabin as a meeting hall will bring more users to the park. The Foundation also wants to provide support for all of the other functions and activities occurring at NAD Park. While there is a notice board in the park, it is there as part of the disk golf course and not as an information center for the rest of the Park. The Cabin could fill this need by providing information on the rest of park's amenities and uses such as the orienteering course running through the park,the nice forested trail system, and the F8 Crusader Fighter Plane showcased at the park. The Cabin could act as the focal point within the park. The Foundation is also offering to assist the Parks and Recreation Department in the future Master Planning of NAD Park along with the NAD Marine Park. The estimate for completing all of the restoration work is in the neighborhood of $200,000. This work will spread over the first 4 years of the lease. After that the Foundation will run the Cabin as a meeting space, a location to display the history of the Cabin, the NAD,and the CCC, and to possibly run a small retail space serving the Foundation,the Disk Golf Course, and the park. The Foundation is looking forward to the challenge ahead and we call upon your support in this endeavor. i John Hayes Larson President, Board of Directors iv �•. CONTENTS ExecutiveSummary........................................................................................................... iii Floor Plan of the Existing Cabin........................................................................................vi Purposeof the Foundation...................................................................................................l Introduction .....................................................................................................................1 TheProblem ....................................................................................................................1 TheSolution ....................................................................................................................2 Usesfor the Cabin...........................................................................................................2 ThePath...........................................................................................................................4 Benefits............................................................................................................................4 OrganizationalStrategy...................................................................................................4 TheCabin ............................................................................................................................6 TheBuilding Itself...........................................................................................................6 Utilities............................................................................................................................7 Condition.........................................................................................................................7 TheHistory......................................................................................................................8 The Foundation................................. Historyof the Foundation..............................................................................................10 Mission.................................................................'.........................................................10 Vision.............................................................................................................................10 Values............................................................................................................................10 Organization..................................................................................................................10 Licensing & Registration....................................... ContactInfo...................................................................................................................11 BoardPolicies................................................................................................................I 1 Volunteers......................................................................................................................11 Boardof Directors............................................................................................... 12 Process...............................................................................................................................13 WorkTimeline...............................................................................................................13 Revenue/ Funding Models............................................................................................14 Expenses & Sources .....................................................................................................14 v r---------------------------------i I I 1 ' I L W I ' 'R I 1�TT I I 1 1 ADDITION I ; I j I I I I I I I I I I Ii ------------------------ -- - - ------ l 1 1 MAIN ROOM OFFICE I �f I ENTW POST 1 I I 1 L--__-------'-----------J FLOOR PLAN OF THE EXISTING CABIN vi BUSINESS PLAN OF THE NAD GUARDHOUSE CABIN FOUNDATION PURPOSE OF THE FOUNDATION INTRODUCTION The NAD Guardhouse Log Cabin is located in Bremerton's NAD Park(sometimes referred to as NAD Soroptimist Park) at 1900 Austin Drive. This is right at the park's entrance off of Kitsap Way in west Bremerton. The former tenants, the Boy Scouts of America, Chief Seattle Council, has r� j` A ; relocated to a larger facility in Silverdale leaving the Cabin vacant and without a tenant or use. When including repair work z ; ,a x_> '°<s ''�''` :`is t•. on the Cabin's logs; reroofing the Cabin, adding a room onto the rear of the Cabin, and upgraded the electrical system. The P Cabin had been built in the 1930's by the Civilian Conversation Corps (CCC) for the navy as the guardhouse at the main gate to _Kr:ap way q the established Naval Ammunition Depot (NAD). It was used for this purpose until the depot was decommissioned in the late FamMap of NAD Park 50's when its function as a ammunition depot was moved to other facilities and subsequently the land and buildings were surplused by the GSA. The NAD Park and the NAD Marine Park was purchased by the City in 1964 for use as parks. From the decommissioning till the Boy Scouts leased the cabin it had sit vacant and boarded up. THE PROBLEM There has not been any substantial maintenance performed on the Cabin since the Boy Scouts took over the Cabin in 1989 and its condition is now in such a state of disrepair that it requires an extensive preservation and restoration effort. The major issues with the Cabin are the poor condition of the logs(mainly in the corners of the Cabin), the Cabin needs to be reroofed, there is minor damage to the floor joists in one area of the Cabin, and the restroom is substandard and does not meet ADA standards. While the Cabin is in need of major repairs it is currently usable for a tenant to occupy and utilize. 1 The City of Bremerton, like most jurisdictions, is facing financial hardships and does not have the funds or resources for a restoration of this magnitude or in-fact to just provide routine maintenance and upkeep of the Cabin. In addition the Cabin's distance from the rest of the Park Department's facilities makes the renting of the Cabin space as a meeting room logistically impractical for the Parks Department. Another log cabin at the park and part of the original guardhouse complex had not had a use and was recently demolished due to its dilapidated condition. THE SOLUTION In an effort to prevent this log cabin from being demolished as it's neighboring log building had been, a group of citizens stepped forward,joined together, and formed the NAD Guardhouse Cabin Foundation, a non-profit corporation,to lead, fund, and manage the Cabin's restoration and perseveration effort. The Foundation received its 501(c)(3) non-profit status with the IRS and is currently negotiating a lease arrangement for the Cabin with the City of Bremerton. With this log cabin being the guardhouse at the main gate to the now decommissioned Puget Sound Naval Ammunition Depot (NAD)and is one of the last few remaining complete structures left in situ from the depot's heyday it is fitting that the cabin be preserved as a historical marker for the depot. The Cabin can be utilized as the location where the history of the depot can be exhibited and explained. This Cabin is unique in that it was built by the Civilian Conservation Corps (CCC)for the depot in 1934, and is one of the last standing in place structures built by the CCC in Kitsap County. It would also be fitting that the cabin also act as a historical marker for the work done by the CCC in Kitsap County. The Foundation will strive towards having the Cabin designated as a historic structure. USES FOR THE CABIN The foundation is aware that there is a deficiency of public meeting spaces serving the City of Bremerton's Kitsap Lake community and foresees that the Cabin would help fill this need by being run as a meeting hall. Being located at the entrance to an established park which is seeing an increase in use and attention as the home to a challenging disk golf course and a just opened youth's disk golf course; an activated Cabin will act as an entry and focal point to this park. -� The main room in the Cabin would easily host meetings of groups up to 25 people and the back room .: •. " ,; ' - addition could accommodate 20 additional people. To this purpose,the foundation intends to operate and rent out these spaces to the public along the same terms and conditions that the City of Bremerton Recreation and Parks Department rents available spaces within their other Main Room of the Cabin facilities. There is an office space off of the main room in the Cabin. This room would provide sufficient space for and act as the office for the Foundation. The main feature of this room is a stone fireplace which separates this room from the Cabin's main room with the hearth facing the office space room. A small restroom is located off of this office space. While this restroom is currently usable, it is cramped and does not meet accessibility standards and will need to be renovated at some point in the near future. The park does have an accessible restroom facility across the street from the Cabin that is available to supplement the Cabin's restroom when the park is open. Finally, there is a small room which is accessible = I from the office space and from the Cabin's exterior - entry main porch. This room was originally where the guard would stand his post. It could now function as an information booth for the park, as a registration r - room for events being held at the park, and/or possibly as a small retail shop which could serve the foundation and the Disk Golf Course. Entry of the Cabin Outside the Cabin, there is a treed open area just south of the Cabin, between the Cabin and Kitsap Way. This area could supplement the space available for events held at the Cabin. Parking for the Cabin would be provided in the park's existing gravel parking lot just north of the Cabin. This lot would be shared with the park and would be under the control of the Parks Department. NAD Park is classified as a Community Park in the City's Park, Recreation & Open Space Plan and is a little over 50 acres in size with the majority of it being heavily wooded. The start of well developed trail system running through the forested east half of the park is at the side of the cabin. Right across Austin Drive, a two lane road which runs through the center of the park is the main activity section of NAD Park. The I park's other features are the Disk Golf I Courses mentioned above, restrooms, a group picnic shelter, picnic tables, a basketball hoop, horseshoe pits, an 0orienteering course, several geocaching caches and a restored F8 Crusader Fighter Plane centerpiece. Kitsap Transit runs its major bus route from West Bremerton to Silverdale (route #12) along Austin Drive with bus Park Sign and Restored FS Crusader Fighter Plane across the street from the Cabin stops right at the front door of the Cabin. 3 THE PATH The City is looking for a way to preserve and maintain the cabin and is willing to lease the Cabin to the Foundation with the idea that some minor repair work would need to be done early on and that the major renovation work can be delayed during the fundraising process. The rent the City will charge the Foundation would be minimal with the understanding that any renovation and repair work to the cabin would become a part of the Cabin and thus City property. To these ends,the NAD Guardhouse Cabin Foundation proposes to lease the cabin from the City of Bremerton Parks and Recreation Department and: 1. Renovate, restore, and maintain the cabin as a historic structure; 2. Strive to have the Cabin listed as a historical structure; 3. Operate the cabin as a meeting place for the community, charging a rental fee for its use; 4. Collect, preserve, exhibit, and interpret the history of the Cabin, the Puget Sound Naval Ammunition Depot, and the work of the Civilian Conservation Corps in the Kitsap County, Washington region; 5. Provide support services to supplement the City of Bremerton Parks and Recreation Department's services,events, functions, maintenance,promotion, and planning for NAD Park and for NAD Marine Park; 6. Operate a small retail center that serves the foundation and other users of the NAD Park. BENEFITS By having a non-profit take on the job of repairing, renovating, and running the Cabin the City will be able to focus its resources on meeting the other needs of the community thus lessening the burdens of the city government. Building upon the enthusiasm so far expressed,the Foundation will be able to gather and utilize volunteers to get this job done. An important piece of local history will be saved and preserved and NAD Park will have a focal point and center to build upon. One of the values of having the NAD Guardhouse Cabin Foundation take on these tasks is that,being a 501(c)(3) non-profit, any funds that are raised can provide a tax deduction to the contributor. ORGANIZATIONAL STRATEGY The NAD Guardhouse Cabin Foundation operates as a 501(c)(3)non-profit corporation with a working 8 to 12 member Board of Directors overseeing the running of the Foundation. The Foundation does not intend to hire a staff but will instead utilize volunteers, donated in-kind services, and contract out when necessary to perform the work necessary to renovating and restoring the Cabin. 4 -�. New members to the Board of Directors will be brought on with the specific skills and abilities that the Foundation requires in its governance. So far the positions of Historian/Curator, Volunteer Coordinator, and Fundraising/Events Coordinator have been filled. As time passes other positions such as Building Renovation Manager, Rental Coordinator, and Work Party Supervisor will be filled by new Board Members possessing these specific skills. There are currently 5 members on the Board with the goal of reaching a minimum of 8 members by the end of 2014. The need for the services of a financial consultant/accountant is understood and the search for one is occurring. A planned repair/renovation time line has been developed (see the timeline later in the report) and is being incorporated into the lease agreement. The lease is currently being negotiated with the City. Whether it will be in the form of a lease or in the form of a concession agreement will depend upon the wording of the agreement the City entered into when it purchased the park property from the GSA. Once the listed repairs/renovations are complete, the focus of the Foundation shifts to the running of the Cabin as a meeting space, documenting and presenting the history, and assisting the Parks Department on the master planning and development of NAD park. 5 THE CABIN THE BUILDING ITSELF The 1;150 square foot Cabin consists of the original 22' x 34' log structure with a 10' x 15' front main entry structure consisting of 6' x 10' covered entry and a enclosed 9' x 10' guard post room. On the rear of the Cabin a 22' x 14' wood framed addition had been added by the Boy Scouts. The floor level of this addition is 2 steps below the E cabin's floor level. A wooden - deck/stair/loading dock is attached to the addition providing a second exit to the cabin. The original cabin proper is divided into 3 rooms: the 21' x 21' main room, a 10' X 11' View from the north west looking at the Front Entrance office space, and the restroom. The addition is an open single room space. 77, The original cabin's interior finish is a w a lightly stained knotty pine wood paneling(walls and ceilings),the guard post room is similarly _ a paneled, and the addition with the addition's interior finish being painted drywall. One really nice feature of the Cabin is the large floor to ceiling fireplace on the main room side made of stones with accentuated grout lines. It divides ' the main room from the office. While the site ' around the Cabin is heavily treed, the number and size of the original wood windows, once The fireplace facing the Office uncovered, will bathe the Cabin's interior with light. There is an attic space above the main cabin accessible via a pull down ladder. The attic space above the addition is not accessible. The original cabin is built over an enclosed crawlspace in which a small 8' x 8' basement has been added. The area beneath the addition is not enclosed. The s ` roof is a pitched wood shingle roof with metal gutters. While the roof has not had maintenance performed on it for over 25 years and is heavily covered with vegetation; The Office with the windows uncovered 6 it appears to be basically weather tight and has been doing its job of keeping the rain out well with only one or two minor leaks. The exterior of the original structure consists of 12'' diameter logs, which are in need of extensive repair and re-chinking. The addition is sided with stained wood siding that mimics the appearance of wood logs. As mentioned earlier there is a gravel parking lot located just to the north of the Cabin. The parks accessible restroom facility is located across the street from the Cabin. A flag pole is located next to the entrance of this parking lot. While the flag and lighting of the flag would be the responsibility of the Foundation, the City would have the responsibility for the flag pole itself. UTILITIES The Cabin is connected to the city water system and is on an onsite septic system. The City will be responsible for these systems and will be charging the Foundation a bi- monthly fee for the water. The Foundation has scheduled replacing the existing plumbing fixtures with low flow equipment to lower the water usage. Later the Foundation will fully renovate the restroom making it fully accessible. The Cabin does have an upgraded electrical system which will be sufficient for the Foundation's needs. Heat for the building is provided by hardwired electric heaters. At some point in the future the Foundation will look at the economic benefits of installing a split system heat pump for heat. Lighting of the flag in front of the Cabin will be the responsibility of the Foundation as will paying for the electricity the Cabin uses. The Cabin does not have gas service. The Cabin does have phone service which the Foundation intends to upgrade by adding internet service. This will allow the Cabin to provide Wi-Fi as a part of its space rental. This phone and internet service will be paid for by the Foundation. There is an alarm system in the Cabin which the Foundation intends to upgrade. Because the Cabin is a little isolated, in addition to the exterior alarm box the City is wanting to have the alarm system monitored 24/7, and will be paying for this monitoring. CONDITION The existing condition of the Cabin is well documented in a report prepared by the engineering firm of Art Anderson Associates. A copy of which can be downloaded from the Foundation's web site. In addition to the major renovation work listed in this report other needed minor repair work has been identified and included in the work that the Foundation is planning to undertake. The elements of the major renovation work, the minor repair work, building inspections that are still needed are listed in the below Work Timeline section. 7 While it may seem that there is quite a bit of renovation work that is needed the Cabin is currently structurally stable and can be occupied and utilized prior to and during , the repair and restoration work. The Foundation has been in preliminary discussions with the City's Building Department and there appears to be no issues in obtaining a Occupancy Permit before all of the restoration work has started. THE HISTORY The Foundation intends to work in collaboration with the Kitsap Historical Society, the Naval Historical Museum, the other groups interested in the history of NAD the CCC 1 e a r a s n ! u o u B u rt u' so v ce as I H v a .1l u to ao as sa i u p= I J11, �••- - met �•-e..a��3� •- y .... _ � m�•. I ti 1 � :I. •I �. •IAYr� 1. V a1 as to ' - ;a 1 ': a . e a a a a ,a n a u -•�`-u n u xa et xx wear / �`. -.�Q. 11_1 /1i^•� _ _ ! xa v I'F_-.... F.Y... .. LVlelNliY YAP :_�'� er;. Y� 15 r I,.- r.•-_ I._ =;sem;:' .,1 � ' �.'.:, :. 5 "`� 16'' �— .3� i:� �;:• -_ POA:FFIC:AL oae cxr _. •c� I,u I-�-{�... L:::'.._ -_ yam'•::, _ HAP OF ' 3 --'`-�=�` ac.-_"" II=E: '�'�•-_ '�''' —_- _ I;� ;t'�:'- UA\:al.I. ADL41CZ1110\DEPOT I� iia Imo. f: ��._ i_e -~• r._=:.._F� ..s• `� 1.e, _-"'� !{.rte '� .: 1�'11�� II• teYOCI �ICSCR .... JE Map of Naval Ammunition Depot in 1947 NAD was an acronym for"Naval Ammunition Depot". The facility was responsible for the storage and re-working of up to a 16-inch Naval round. Active duty of the base was from 1904 to June 5t' 1959, spanning the horse military to the Cold War era. This base was up to 428 acres(the NAD Park was transferred to Bremerton in 1962 and is a very small part of the original base). It had its own railroad and turntable. Outdoor recreational facilities included an athletic field, a handball court, -- 8 —� a volleyball court, and 2 rowboats. Indoor facilities included 2 bowling alleys, a movie theater, a library, a pistol range, a gym, 2 pool tables, and a trap range. All of these facilities are now gone. The early days of WWII brought NAD to the forefront. Records show ammunition was supplied to may Pacific theater warships. In 1944, for instance, the bas had over 1,300 personnel assigned to it, both military and civilian. The use of NAD Bremerton prevented ammunition transfers in Seattle. Causalities happened during WWII at the base, especially to African-American men. They were detailed with direct contact and disposal of the ammunition. Many women helped the war effort at the depot, rebuilding and certifying the ammunitions. A very dangerous job! The base gradually became obsolete as Indian Island became the primary ammunition depot for the Puget Sound region. Much of the base's original equipment was railed elsewhere and may still be in use today. Most of the land that made up the base became the "Jackson Park Residential Community" (military housing). The old log cabin at the still standing Main Gate (Austin Drive& Kitsap Way) is a little known survivor. Military records show it was built in 1934 by the CCC. This cabin is one of the few remaining military structure built by the CCC and NOT the WPA. Records indicate this cabin was built by Company 302, usually referenced as Company 1302. The US Army was in charge of the CCC. Company 1302 was stood up at Fort George Meade, Maryland, as a Third Corps Area Company on May 21, 1933, under the command of Capt. George Tabscott. After several transitions across America, this company arrived at Bremerton, WA and became Navv-I Camp Ostrich Bay on October 24, 1933. Eventually,this company became the builders of Camp F-85 in North Bend, Washington..That camp is better known now as "Camp Waskowitz", and is used to this day. Our Cabin was originally designated Navy Building 79, and shows on the old plans. It posted the assigned Marine guard detail. In back (now, 2014), some of the perimeter guard path still exists making a beautiful nature walk. The original patrols were on horseback. The log guardhouse stood derelict and unused until the Boy Scouts of America re- inhabited it for their use. This de-dedication was held on February I I`h, 1989, with a total of 150 in attendance. Today, the Cabin is waiting to once again become a public servant, in its original location at the Main Gate. 9 THE FOUNDATION HISTORY OF THE FOUNDATION The NAD Guardhouse Cabin Foundation was incorporated May 19`",2014 as a nonprofit corporation in Washington State. It received its 501(c)(3)status with the IRS on August 1", 2014 as a public charity. It is a non-member nonprofit corporation governed currently by a 5 member Board of Directors. Up to 12 Directors are allowed under the Foundation's By-Laws. MISSION The mission of the NAD Guardhouse Cabin Foundation is to: e Renovate,restore and maintain the historic log Guardhouse Cabin located in NAD Park in Bremerton, Washington e Operate the Cabin as a meeting place for community and civic groups. e Collect,preserve,exhibit, and interpret the history of the Cabin,the Puget Sound Naval Ammunition Depot(NAD) and the work of the Civilian Conservation Corps(CCC) in the Kitsap County, Washington region. ® Provide support services to supplement the City of Bremerton Parks and Recreation Department's services, events, functions,maintenance and planning for NAD Park. VISION Our vision is of a restored and maintained Cabin providing a meeting place for the community in a vibrant and well utilized NAD Park; acting as a historical marker for the Puget Sound Naval Ammunition Depot and the Kitsap County Civilian Conservation Corps. VALUES History should not be just disposed of and forgotten but utilized as a catalyst for empowering the future. Individuals coming and working together can help solve problems which the government is unable to. ORGANIZATION The Foundation is organized as a non-profit corporation under the laws of the State of Washington. Copies of the Articles of Incorporation and the By-Laws can be downloaded from our website, nadgc£org. 10 LICENSING&z REGISTRATION Federal Employer Identification Number: 47-0981238 Washington State Business License #: 603-404-954 City of Bremerton Business License#: 30777 Washington State Charity Registration#: 35954 501(c)(3) status: Granted determination by the IRS on 8/l/14 that we are a public charity CONTACTINFO Address: 13138 Broadway Ave. Bremerton. WA 98337 Phone: (360) 373-8634 Web Page: NADGCF.ORG Facebook Group: www.facebook.com/groups/NADParkCabin/ Email Addresses: General Info: president(2,nadg_c£org History: history(a—),nadgcf.org Fundraising: donatioriEvriadgef.org Volunteering: volunteer(a)nadacf.org BOARD POLICIES Taking the roles as a community leader and as a non-profit seriously. the Foundation has implemented several policies to guide its operations. They include: s Conflict of Interest Policy ® Record Retention Policy e Whistleblower Policy e Non-Discrimination& Anti-Harassment Policy VOLUNTEERS Volunteerism is one of the Values that the Foundation is based upon. Volunteers whether they are a member of the Board of Directors or the all important workers are the backbone of this effort and are the key to making the Foundation's Vision come true. The Foundation is not looking to have any employees or paid staff but instead will rely upon volunteers. Making sure volunteers know their efforts are appreciated and valued is of high importance to the Foundation. Worker Comp (medical aid coverage) will be provided to cover all of the volunteers while they work on this endeavor. 11 BOARD OF DIRECTORS _ President Education: Bachelor of Architecture, 14- John Hayes Larson years running a design build company,2- 1338 Broadway Ave. years working for timber framing - companies,20-years working for Bremerton, WA 98337 architectural&engineering firms. (360) 373-8634 Brings his eye for details and John.Larson@nadgcf.org organizational skills. Former member of the Bremerton Parks& Recreation Commission. Vice President& Treasurer Brings his passion for civic involvement Robert Dollar and improvement including his volunteer r' P.O. Box 2 work for the Red Cross,CERT,and the City of Bremerton Audit Committee. Bremerton, WA 98337 Retired from PSNS&IMF. (360) 627-7667 Former member of the Bremerton Parks& Bob.Dollar@nadgcf.org Recreation Commission. -� Secretary Brings her passion for the environment,on Deirdre McKee] the lessening of the negative impacts that 247 South Lafayette Ave man's activities has on nature,and for the betterment of the community. Bremerton, WA 98312 An active community volunteer in such Deirdre.McKeel@nadgcf.org organizations as the PTA, West Sound Improvement Club,and Toastmasters. Historian & Curator Brings his love and passion for history, Bernie Fleming artifacts,and historical items. P.O. Box 5205 Former Mayor&Councilmember,Town of Granite Falls,Washington. t; Bremerton, WA 98312-0492 Retired Military. Bemie.Fleming@nadgcf.org Works for Washington State Ferries. Volunteer,Event& Brings her passion for the arts along with her event and marketing organizational Fundraising Coordinator Cindy Duvall skills. The Events&Activity Chair of the Kitsap ' ' ! 2488 Northlake Way NW Golf&Country Club and on the Marketing Bremerton, WA 98312-8871 Committee for Collective Visions Gallery. Cindy.Duvall@nadgcf.org Owner of Calypso Glass Art Studio. 12 PROCESS WORK TIMELINE The renovation/repair of the Cabin can be broken down into 4 categories of work: Inspections, Abatements, Minor Repairs and Major Renovations. The below table shows how the work has been distributed over the first 4 years of the lease. I st Year 2nd Year 3rd&4th Year Work of Lease I of Lease of Lease Inspections Asbestos Lead Paint Termite&Pest Septic City Electrical system Chimney Mold Abatements When needed Asbestos Lead Paint Termite&Pest Mold Minor Repairs Locks Security System Fix Up&Paint Back Room Fix Windows Security Bars for Windows Internal Rarnp to Addition Repair Loading Dock Light Fixtures-Upgrades Bathroom-Fixtures Upgrade Shore-up Floor Fix Chimne•&Recap Trim Tree Branches Crawl Space Clean Out Tem -Seal Hole in Logs Tem -Cover Rotted Log Ends Insulation-Piping Fix Roof Leal. Fix Crawls ace Stain Exterior of Addition Replace the Flooring. Tem Paint/Seal the Logs Clean Out Roof Drain Lines Major Renovations Roofing Replacement Gutter&Downspout Log Addition Foundation Roont Under Addition Cabin Foundation Insulation-Roof Insulation-Floor Cabin Insulation-Floor Addition Bathroom ADA Accessible Convert to Heat Pump Stain Cabin Exterior REVENUE/FUNDING MODELS The Foundation's revenue/funding model is multi-pronged. We do not believe that there is a single funding source out there so we need to tailor our approach to revenue sources that will be a good fit for the differing expense that the Foundation faces. We have identified 8 major revenue categories that we are looking to tap into: 1. Volunteer Labor: This source will be a crucial part of the effort. While there has been over the last few years a groundswell of volunteerism within the City, especially for project involving parks, being able to effectively tap into this resource will require effort,organization, and the ability to explain the need and benefits of the project to the volunteers. 2. Contributions: Providing of funds whether it is for general use or targeted for specific purpose(s). The 3 methods the Foundation will utilize in soliciting contributions are: word of mouth, direct solicitation, and fundraising events. 3. Patronage: Providing of substantial contribution(s), either a one-time donation or on an ongoing basis in which the donor wishes to be recognized. 4. Sponsorship: Patronage provided by a company. 5. Donations: Donation of items that will be of direct use by the Foundation or items that can be sold or auctioned off at fundraising events. Donations solicitation will mainly be direct one-on-one contact. 6. In-Kind Services: When services are provided free of charge to the Foundation. 7. Rent: Funds received through the rental of the Cabin. 8. Grants: We see that the competition for grants is stiff and really will be limited only to either capital expenditures that are directly related to the Cabin's restoration & preservation or to the telling and publishing the history. EXPENSES &SOURCES The operating and capital expenses the Foundation faces is outlined below with a short description of the type of expenses, the estimated amount of the expenses, and the anticipated sources of funds for those expenses. OPERATING EXPENSES (Calculated as a monthly expense.) Foundation's Operating Expenses Item: The expenses associated with just operating the Foundation including the licensing, insurance, and taxes for the Foundation. Amount: $400 /month Source: Looking to have two or three patrons cover the majority of the Foundation's operating expenses each year; contributions and in- kind services for the remainder. 14 Meeting Hall Expenses Item: The expenses associated with keeping the Cabin open for use including the utilities, routine maintenance on the Cabin, along with the consumables related to the Cabin's rental. Amount: $400/month Source: Rental fees Fundraising & Media Expenses Item: The expenses directly related to the ongoing fundraising efforts and ongoing media costs such as the web page along with the expenses of special events and fundraising drives Amount $150/month (does not include major fundraising drives) Source: Contributions, donations, in-kind services History Documentation and Display Expenses Item: The expenses associated with documenting and displaying the history of the Cabin, NAD, and the CCC. The first few years will not see much in expenses while the research is being done. The expenses will rise as the work shifts to presenting, publishing, and displaying the history. Amount: $l00/month Source: Contributions. patronages, grants CAPITAL ExPENSES (Calculated as the total amount required over the 4-year restoration effort.) Foundation's Capital Expenses Item: The capital expenses related to the running of the Foundation and the meeting hall such as computer, phone system, alarm system, tables and chairs, desks, etc. The capital expenses related to the History Documentation and Display is accounted for in the above operating expenses section. Amount: $4,000 Source: Contributions, donations The capital expenses below are a conservative estimate for the work that needs to be done and uses the costs if the majority of the work would be contracted out. Utilizing volunteer labor and in-kind services would greatly reduce the cash needed for these expenses. Inspection Expenses Amount: $2.000 Source: Contributions, in-kind services 15 Abatement Expenses Amount: Amount is not known until the inspections have been performed. Source: Volunteer labor, contributions, donations, in-kind services Minor Repair Expenses Amount: $10,000 to $12,000 Source: Volunteer labor, contributions, sponsorship, donations, in-kind services Major Renovation/Preservation Expenses Amount: $160;000 to $190,000 Source: Volunteer labor, contributions, sponsorship, donations, in-kind services, grants 16 Attachment 3 INSPECTION REPORT FOR THE LOG CABIN at igoo AUSTIN DRIVE NAD PARK, BREMERTON, WA i I i I ..r.,�,.i r_,_ �� ..:-•:�'�:I'rr-f;4ilp..eyt.�,.h.,,-i:t.I: f ter. �• 5•y%•.�'�..• r1'I'lir?' , a'ry:���':...�.jl'�, ;:I "4. :: ..:Y1`•y•7 ;:M:. �.•.,.` :i' 'It��.:'i1:1•`:'�;r'�: xW :` ' �: •„ 711 y^ .. [L I •' 'ti:;:JL>'l•• ";:�:i�'.;�,.:c.,. IL Prepared Prepared for Bremerton Parks & Recreation Produced By ART ANDERSON ASSOCIATES VALUE BEYOND ENGINEERING 202 PACIFIC AVE., BREMERTON, WA, 98337 March 17, 1014 .... ............. AAT ANDERSON ASSOCIATES VAWE BEYOND ENGINEERING' INSPECTION REPORT LOG CABIN AT 1900 MARCH 17, 2014 AUSTIN DR, NAD PARK Executive Summary The existing building reportedly dates back to the mid '40's and was originally used as a guard house. The Boy Scouts of America (BSA) have leased the facility since the mid '80's and are now in the process of vacating the building. An inspection of the existing conditions was requested by Wyn Birkenthal of Bremerton Parks and Recreation. Given the age of the building and the lack of any major renovations or upgrades since the mid-80's addition, the facility predates the more current era of seismic, accessibility and energy efficiency codes. The emphasis of this inspection was primarily on the condition of the structure. Note: the extent and costs of renovations have the potential for the City to require the entire building to be brought up to code which could require more extensive repairs than will be described in this report. The following are brief summaries of conditions observed: • Roof: The entire roof is covered by moss and needles from trees, and a significant amount of roof area is also covered with sizeable areas of native sword ferns. Despite the growth on the roof, the roof structure underneath from a visual observation from the attic appears reasonably sound other than water damage at an area at south side of the chimney. The only areas observed leaking were at the south side of the chimney and a small leak southwest of the attic access hatch. Roofing is cedar shake shingle roofing over asphalt felt layers with spaced sheathing on the original portion and plywood sheathing at the west addition. The roof needs to be cleaned, and the roofing is assumed to be in need of replacement. Also note that BSA reported that they had made attempts to get the roof replaced, but roofing contractors were reluctant to quote or commit to the project due to the potential for unknown extents of rot/water damage that can't be determined prior to the removal. • Log Exteriors: There are several areas with logs that are rotting in various degrees. The log corrier extensions and varying portions of the associated log from the corners at all four comers are rotted and need to be replaced. The west facing wall between the addition and the infilled window has extensive rot at the lower 5-6 logs and the rot continues into the area where the west addition attaches to the original cabin walls. See the report discussion and photos for further detail. The east side gable end log projections are rotted. Replacement of logs will also impact the interior wood paneling as well as Impacting the walls at the west addition. • Crawlspace: Crawlspace area observed and the 10'x10' electrical/mechanical area were dry. The crawlspace is only visible via a small slot looking north from the electrical/mechanical area. What was observed was that the cravAspace doesn't have a vapor barrier and some of the batt insulation at the north edge has fallen down. Page 1 . ........ j ART ANDERSON ASSOCIATE VALUE BEYOND ENGINEERING INSPECTION REPORT - Loc CABIN AT 1900 MARCH 17, 2014 AUSTIN DR, NAD PARK i • Floors and Foundations: Floors in the original cabin are 2"x10" at 24" on center with diagonal shiplap sheathing and the west addition has 2"x12" with plywood sheathing. Floor joists have batt insulation in joist spaces although some have fallen or are out of place. The floor area north of the fireplace slopes downhill towards the exterior wall indicating potential deterioration or rot of the perimeter joist or the joists attached to the perimeter joist. Due to the fallen insulation and lack of crawlspace access, this area couldn't be further observed and will need to be further investigated during a renovation. Perimeter floor joists do not appear to be pressure-treated and may be sitting on the concrete which could lead to rot. Foundations: There is no data on the construction of the foundations and the majority of the foundations are not visible so only minor observations can be made. With the age of the building and what is visible, the foundations obviously don't meet more. recent code requirements for anchorage, tie-downs and reinforcement. The primary area where foundations are visible is at the west side areas and under the west side addition (which is on wood posts and concrete pier blocks). The lower portion of the footings appears to be a formed/poured footing with a top layer that is stacked rocks and mortar at the west and part of the south sides. No rocks were observed to be out of place or missing and no significant cracks were observed in the concrete. At the south, east and most of the north sides, the top of the footing is buried and not visible. At the south, east and north sides, the bottom/lower course(s) of logs have been modified to have a 1-2" layer of concrete or grout ,surface in the same shape as the logs. Visible at the northeast and northwest corners where portions of the bottom logs are missing, it is observed that the wood underneath that cementious surfacing has rotted. The chimney appears to be solid with no noticeable cracks or missing grout. The extruded.cement covering the grout joints provides an aesthetic emphasis of the joints and also has protected the grout under the cement. Top of chimney needs moss and ferns removed and possible a chimney cap added if desired. The Boy Scouts have the fireplace closed off on the interior(fireplace faces to the small north room). • Electdcal/Mechanical: The electrical power panel and incoming service is relatively new with up to date circuit breakers. Facility does have smoke detectors and a fire alarm system. Interior heat is provided by wall-mounted electrical wall heaters with individual thermostats. During colder months, there is also use of plug-in heaters in the north office area. The water heater is a newer, approximately 15 gallon water heater that has incoming and outgoing copper piping. The water heater tank and the piping is not insulated. The restroom area does not comply with ADA (accessibility) requirements and would take a complete remodel of that area to achieve wheelchair access. See the following for more detailed information and photos of the current conditions and recommendations for corrections. A plan view for reference is attached at the end of the report. Page 2 • I ART ANDERSON ASSOCIATES VALUE BEYOND ENGINEEWNG ' INSPECTION REPORT - LOG CABIN AT 1900 MARCH 17, 2014 AUSTIN DR, NAD PARK f Inspection Findings / Observations =I ROOF and ATTIC AREAS Original cabin roof structure: Roofing is cedar shakes interwoven with asphalt felt over 1°x 6" boards at 8" on center (2 to 2-1/2" space between 1"x 6" boards). Roof sheathing boards are supported by 2"x 6" rafters at 24° on center with a ridge board and'2"x 6" collar ties at the upper one-third point. Ceiling joists are also 2"x 6° at 24° on center with vertical 2"x 6"s at each joist connecting the ridge board, collar tie, and ceiling joists. There are multiple layers of batt insulation except at the near-center attic access path. Attic area has gable end ventilation louvers at the gable ends. Roof structure in the attic area appears to be mostly dry.and solid. i West addition roof structure: Roofing is cedar shakes supported by plywood sheathing over pre-engineered trusses at 24" on center and attic area has batt insulation. Attic area has a small louver at the gable end. Roof structure appears dry and solid. Roof Condition: The condition of the cedar shakes could not be observed due to the heavy growth of moss and ferns. From the attic, it is observed that there is water damage where the roof deck hits the south side of the chimney indicating a potential flashing issue. There was another small leak at the southwest comer area of the attic access. That area is in the vicinity of the roof valley and could be due to water backing up in all the growth on the roof. With the roofing being at least 30 years old and with no record of cleaning or treatment with oil-based preservative or similar, it is assumed that the roofing needs to be replaced. RECOMMENDATIONS: Harvest and transplant the ferns to another location if practicable, remove other moss/debris and then remove roofing and felt to expose roof sheathing. Remove gutters and save for reinstallation. Replace any water damaged/defective sheathing and replace fascia boards if found to be water damaged/rotted. Install new roofing --which at that point becomes an owner's preference of cedar shakes, asphalt shingles, metal or other roofing. At this location with lots of tree needles falling on the roof, a metal roof would work best, but also is the highest cost, followed by cedar shakes which would be historically accurate but costs more than good quality asphalt shingle roofing. Tree branches overhanging the roof should be cut back where in reach of the roof, and the gutters reinstalled for a complete installation. ROM costs are projected to range from $16,000 for asphalt shingles to $26,000 for standing seam metal roofing. See following page for photos of current conditions. Page 3 7 ' • a 1 1 �T h r .. �, ���I �� ..,..�rte.• r. �^F�` _. i r' �S i'rr r ♦.. Yr � t� • s- Al J-41 I Lr �rrki .f I ' ARTANDERSON ASSOCIATES VAWE 8l rar4o FMCiinCERmc; I I i INSPECTION REPORT - LOG CABIN AT 1900 MARCH 17, 2014 AUSTIN DR, NAD PARK WALUEXTERIOR CONDITIONS Original Cabin: The approximately 222' x 34' log cabin is constructed of 11-1/2 to 12" diameter logs with interlocked corners and wood-frame windows and doors. There is an east side bump-out room (approx 9' x 7') that is constructed of wood framed walls with bevel siding and logs at the gable end. Conditions observed are as follows: I • All four log corners are rotted and need replacing. The SE corner has had some rot previously removed and replaced with an expanding foam that doesn't appear to . have stopped further rotting. Some corner extension rot was replaced with formed cement patch work. Wall logs associated with the rotted comers also need replacing with lengths varying from 1 to 4 feet from the corner. Lower logs that have a concrete/grouted layer also need to be replaced as it appears that the wood under the cement layer is rotted(observed at least at the corner locations). Chinking at all logs needs to be replaced as it has shrunk away from the joints at many locations (leading to rot at the joint.of the log tops). Corners and wall areas adjacent to corners are particularly no longer protecting the joints between logs. • The logs in the vicinity of where the west addition attaches to the log cabin are rotted for at least the lower 5 logs at the south side of the addition. At the NW corner, the addition connects into that comer within a foot of the comer which has rotted logs. Replacement of the rotted west side logs will involve partial demo of i the west addition walls in order to access the rotted logs. • The cabin has good quality wood paneling at the interiors. Replacement of logs will require removal of the paneling and reinstallation if the paneling is to be maintained. j I West Addition: The approximately 14' x 22' addition is constructed of 2° x 4" framed walls with gypsum board interiors and exterior wood siding that provides a simulated log cabin appearance. The addition is.built on wood posts on concrete piers. Conditions observed are as follows: s , Walls are in good condition with no observed defects. See above for wall impacts related to the replacement of rotted logs at the west wall of the log cabin. RECOMMENDATIONS: Assuming the log cabin is to be restored, the interior paneling needs to be removed and saved for reinstallation; the rotted logs removed and replaced with new spliced-in logs; all the chinking needs to be replaced, and the exterior stained and treated with an oil-based preservative; west addition walls where against the logs will need to be removed to allow access and rebuilt following the log repairs, and reinstall interior paneling when repaired. ROM costs are projected to range from $80-100,000. See the following pages for photos of current conditions. Page 5 r if R* 1 1 lr..�l_ lid A��o,.. G{� !'r�c �.,�'�.�r'`e•�- •,n t siPy'_' y �I.'��� ..d � +.rir.•,._ r ,. at. .a � .t, ++t"R�s{fh s fi•\f",ii wyyrTf,�••'�tal rax � i ,F"���f���� •• .•X 1.: S >,,�YT�4r• f+ to .i.:..'F'. ._ `, �• • • ` `l �!e r _ �' rrrt to Y� •3 .Sr;, .��r _ �{ -��a t�,.. � yip� •h. • .�'Y-.t,a. �:� �` Jt" _mirc.� -iSCt+ •�'1 } ■s � �� 1 ,'�� � � ` •fin tV . f :� � '-,+. �7i�.s `1 ? �.r� v y •' `G. 1 ,�+ by ys:••.ir �y„v - .�•�.•y��K � iF�i'„-•�'t,�� 't�� ta?y.-`� h"• �%-�{ r, _ � !e+<f!T �tl. —� W 1 A OM ' 1h��r s t t�t_ •:^ zti-' .F `5�i r. r yrs �_YL� �� ^� .i.'. j -------------- AaT AN[DElRSoN AssOC.IATES VALUE AiMi4V FNGIN1EE1;1/JG° INSPECTION REPORT - LOG CABIN AT 1900 MARCH ]), 2014 AUSTIN DR, NAD PARK .I CRAWLSPACE and ELECTRICAUMECHANICAL AREA Original Cabin: The majority of the cabin space has a crawlspace and an approximately 10' x 10' area at the west side that has a stand-up space housing the some storage shelves as well as the main electrical power panel and the domestic water heater. Access to the crawlspace from that elec/mech area is very limited with only a narrow space next to the j electrical service area. What can be observed from that space is that the crawl space does not have a vapor barrier and that floor joist batt insulation has fallen in some locations. The only crawlspace ventilation is a vent at the south wall and leakage through what used to be window at the elec/mech/storage area. The ground in view appeared to be dry. BSA personnel reported that there has been a past history of rodents in the building and it assumed that there may be droppings in the crawlspace area. The floor area north of the fire place where there is a noticeable scope towards the exterior wall could not be observed due to the fallen insulation. There are posts in view in the crawlspace, but could not i determine whether there are foundations at those locations. f West Addition: The addition is built on 4" x 4" posts on concrete piers and the area under that addition is open and exposed. The area under the floor also has a pathway to a door leading to the elec/mech/storage space under the main cabin. The posts do not appear to be pressure- treated and a post at the northwest corner had dirt/debris up on to the wood that was removed during inspection. RECOMMENDATIONS: Following other repairs to logs and potentially combined with the north end floor slope repairs, the crawlspace needs to be cleaned, have a vapor barrier installed, increased ventilation added, and any fallen batt insulation reinstalled into the floor joists with restraint wires added to keep it in place. Preferably, a larger crawlspace access is also needed from the mech/elec area to the crawlspace and greater clearance provided between the ground and floor joists. ROM costs are difficult to determine due to unknowns — allow $4- 6,000 for just the basic repairs/work. Digging -out the crawlspace further to provide increased clearance between ground and floor joists or cutting into the walls at the elec/mech area to allow improved crawl access will further increase costs. See the following page for photo of current conditions. Page 8 ART ANDERSON ASSOCIATES VALVE BEYONO ENGINEERfxG" INSPECTION REPORT - LOG CABIN AT 1900 MARCH 17, 2014 AUSTIN DR, NAD PARK i � www' ''�'T .r , •;{ -;^R,r,.. ?4. � 7 LKG NORTH TOWARDS NW AREA (UNDER RESTROOM) FLOORS and FOUNDATIONS Original Cabin: Floors in the original cabin are 2"x10" at 24" on center with diagonal shiplap sheathing. Observation did not include lifting the finish floor to determine if there was another layer of sheathing on the diagonal boards with a layer of plywood or other sheathing over the shiplap boards. The floor area north of the fireplace has a noticeable slope downhill towards the exterior wall. This area couldn't be observed without pulling up the flooring and floor sheathing to expose the joists and perimeter sill/joist in that area. The floor slope would appear to potentially indicate deterioration or rot of the perimeter joist or the connection of the floor joists to the perimeter sill/joist. The floor joists have batt insulation in joist spaces although some have fallen or are out of place. Foundations: The primary area where foundations can be observed is at the west side areas and under the west side addition. The lower portion of the footings appears to be a formed/poured footing with a top layer that is stacked rocks and mortar at the west and part of the south sides. No rocks were observed to be out of place or missing and no significant cracks were observed in the concrete. At the south, east and most of the north sides, the top of the footing is buried and not visible. The walls of the elec/mech area have formed/poured concrete walls up to approximately the dirt level in the crawlspace. Foundations of this vintage obviously do not meet more recent codes for anchorage, tie- downs, minimum reinforcements or seismic related requirements. There is a potential that the cost and extent of renovations may lead to the City requiring the entire building to be brought up to current code which could mean all new foundations. Page 9 0 ART ANDERSON ASSOCIATES VALVE BEYOND ENGMECRING INSPECTION REPORT - LOG CABIN AT 1900 MARCH 17, 201¢ AUSTIN DR, NAD PARK West Addition: The west addition has 2"x12" at 16" on center with plywood sheathing. There doesn't appear to be any underlayment or other sheathing layer on top of the plywood. The west addition sits on wood posts that do not appear to be pressure-treated. Dirt/needles that had built up on to the wood post at the NW comer were removed during inspection. The floor joists at the addition have 9" batt insulation in the joist space and a thin sheathing layer across the bottom of the joists that is mostly in place. Some of the insulation and underfloor sheathing was missing in one area. RECOMMENDATIONS: Following is based on the premise that the renovation work will be restricted to repairs or rotted or failing items and the City building department will not require the entire building to be brought up to new code requirements that could potentially require all new concrete foundations: • Pull up the flooring at the north end office area, determine the cause of the sloping floor, and repair/replace floor so as to be level and solid. • Replace all batt insulation that has fallen or is missing so as to provide a completely insulated floor(also mentioned in the previous crawlspace section). • West addition support posts should be replaced with pressure-treated posts as they are typically within 6"of the dirt level and are exposed to damp conditions. ROM costs are difficult to determine due to unknown conditions at the north office area — allow $5-6,000 for north area floors and approx $5,000 for post replacements, or $10- 12,000 total. See the following for photos of current conditions. r CONVROCK FOUNDATION AT WEST ADDTN -FOUNDATION AT WEST SIDE/SOUTH OF ADDTN Page 10 --- - - - - --._... ------ - --- - -------- ---- ART ---ART ANDERSON !ASSOCIATES VA.LvE BEYOND fNGINEE HiG • I INSPECTION REPORT - LOG CABIN AT 1900 MARCH 17, 2014 AUSTIN DR, NAD PARK i I ELECTRICAUMECHANICAL SYSTEMS Electrical: The electrical service panel and conduits are newer(installed by Ahearn j Electric) and estimated to have been installed in last 10 years. The power panel is in the basement electrical/mechanical area. The primary interior heat is via electric wall heaters with integral thermostats and small fans to blow the heat into the space. The building has smoke detectors connected to a fire alarm system i t Plumbing: Hot water is provided by a 12-15 gallon water heater that's located in the basement electrical/mechanical/storage area. Piping to/from the water heater is newer copper piping, but isn't insulated/wrapped with insulation. Observed from the crawlspace slot is that the plumbing waste line appears to be via 4"waste line. Path or connection to sewer or to septic wasn't observed/known. Tenants didn't report any particular problems with plumbing systems—only commented on the north office area running cold (assumed to be.a combination of the floor joist batt insulation being out of place and the northwest rotted logs leaving an open hole to the crawlspace in that same area). The west addition doesn't have any plumbing in that area. Note: the existing restroom area doesn't meet ADA/ accessibility requirements. RECOMMENDATIONS: Hot water piping below the main floor level should be wrapped with insulation (pre-formed closed cell, elastomeric type pipe insulation)for energy efficiency and cold water piping should be insulated for freeze protection. ROM costs are projected to be less than $1,000. i I Summary of Recommendations The current conditions, while not good, are also something that has occurred over a number of years. It is impossible to predict how much longer the structure will last without repairs, but it is considered to be relatively stable and the recommended repairs in this report can be selectively accomplished over the next few years if desired. The southwest corner is in the most serious need of some temporary measures (ie: carefully cut off rotted extensions and spike a vertical 2"x4" or similar into the logs at each side of the corner until log replacements can be done). Beyond structural review, it is also noted that the restroom area and the main entry door don't meet ADA accessibility requirements. The west addition steps down approximately 12" from the main cabin. If that area needs to be accessible, a ramp will need to be added to that area. Roof: Remove growth and cedar shake roofing, repair any substrate damage, and install new roofing. Original cabin spaced sheathing may need to be replaced or ovedayed with exterior grade plywood to suit new roofing system manufacturer's requirements. Costs can vary greatly depending on type of roofing and the amount of work that would be performed by a roofing contractor. Costs can be reduced by having removal of growth and transplanting ferns done by volunteers who are willing to work on ladders/roofs. Page i i - ------------- - ART AN ASSOCIATESO VALUE BEYND ENGINISERING INSPECTION REPORT - LOG CABIN AT 1900 MARCH 17, 2014 AUSTIN DR, DIAD PARK i I Log Exteriors: Rotted logs and corners need to be removed and replaced. This work needs to be done by specialty contractor(s) experienced in repair of log buildings. For this report, AAA contacted Peter Bird of Fidalgo Restoration who specializes in repair of rotted logs, replacement of chinking (joint material between logs) and other repairs to log structures. Contact info: cell 360-941-0675 and website: www.fidalgorestoration.com. Note: as discussed in report, interior wood paneling will need to be removed, stored and reinstalled if existing interior look is to be kept. Also, as part of an exterior renovation, the three windows that were covered/filled in for the Boy Scouts should be reopened and i windows installed to bring back the original look. Recommend budgeting at least $60,000 for log repairs and chinking replacement by a specialty contractor(further visitation and bids should be done when time frame of work is better known). This cost doesn't include the potential for hazardous materials if the chinking was found to contain lead or asbestos. Overall costs can be reduced by having volunteers carefully remove the wood paneling, store the paneling and reinstall the paneling. Removal and reinstallation of the west addition walls to allow access for log restoration, and restoring the windows are also areas with the potential for cost savings by volunteers who have home or commercial building remodel/building experience and tools. Crawlspace/Floors/Foundations: The north office floor needs to be pulled up and the reason for the sloped floor corrected. At that time, the rest of the crawlspace should be further evaluated, batt insulation reinstalled into floor joists and wires installed to keep. insulation from falling, and a vapor barrier added over bare ground. The west addition support posts should be replaced with pressure-treated posts and dirt/debris levels reduced to be even with top of concrete piers. As part of the lower log replacements, dirt level around the building may need to be reduced to top of concrete. Again, this type of work has the potential for cost savings if qualified volunteers are available. Electrical/Mechanical: Insulate piping in the crawlspace and the electrical/mechanical area for energy efficiency and for freeze protection. This may be part of the above crawlspace Work due to difficult access from the elec/mech area. It is also impacted by decisions on whether the restroom is to be completely remodeled for ADA access. Basic pipe insulating is easily accomplished by volunteers with pre-formed pipe insulation. Remodeling of the restroom is a major undertaking that will require a plumber, electrician and building contractor. Page 1z Attachment 4 I " .I Date: November 25`", 2014 To: City Council Members and Mayor Lent From:Wyn Birkenthal, Parks and Recreation Director I Subject: Responses to Questions Concerning Proposed NAD Cabin Lease At the November 121h Study Session there were questions raised under the PSP Committee report j related to the NAD Cabin Lease Proposal.The information below outlines the questions and provides additional some information. I 1. Question:Should the City be providing a facility to an external group on a rent free basis? The Engineers report shows a cost estimate range between$111,000 and$145,000 of repair i value to restore the Cabin and extend its life.Under the agreement the Foundation would make the listed repairs in lieu of rent. The value of the repairs at the low end of the range is in excess of the appraised rental value of the Cabin over the term of the lease.The Cabin's appraised rental vale is$420 per month.The term of the lease is 5 years(60 months)60 x$420=$25,200. 2. Question: Does the City incur liability allowing the Foundation to use the Cabin as rental space for meetings by groups? Section 2.3 of the lease,Conformance with Laws,states"the Lessee shall at its own cost keep current and comply with all conditions and terms of permits,licenses, certificates,regulations, ordinances,statutes and other governmental regulations.And shall obtain all permits including ,occupancy".The lessee is responsible for responsible for making sure the building is legally habitable before allowing it to be used as meeting space.The Lessee must supply a$1 million dollar per occurrence insurance policy naming the city as an additional insured as recommended by the city Risk Manager. 3. Question:Shouldn't the Lessee be paying for their water usage? The NAD Park water bills have been reviewed a second time and a separate billing statement for the Cabin's combined water-storm water has been identified. It was previously believed the meters were combined with other NAD Park water usage.The item is being negotiated with the Foundation ahead of the December 101"PSP meeting. 4. Question:Why weren't the Engineers Report,Cabin Foundation Proposal and Appraisers Valuation included in the November PSP packet along with the legal description,site plan and schedule of improvements? Parks&Recreation 1680 Lebo Blvd.,Bremerton,WA 98310*Phone(360)473-5305 *Fax(360)473-5882 I I This was an oversight, PSP members were provided with copies of the additional documents along with other background materials on November 14"'.The current Council packet includes each of a complete list exhibits containing all relevant documents. S. Question: Can this be Agreement be handled using a year to year lease as opposed to 5 year lease with one extension? The Foundation is a newly incorporated group talks with the group indicate it will take a period of time to gather the resources to complete the repairs outlined in the Engineers Report.The longer term lease allows the lessee time to complete the repairs and have a period of usage to use the site thereby recouping their investment in restoring the Cabin.Under section 14 of the agreement the Lessee can be found in default if they fail to comply with completion the improvements listed in Exhibit C. Failure to remedy default within the time period specified in. the 14.2 of the agreement may result in the City terminating the lease.The City has the right to inspect the property after providing one-day's notice. I i i I Parks.&Recreation 680 Lebo Blvd.,Bremerton,WA 98310"Phone'(360)473-5305•Fax(360)473-5882 From: Roy Runyon Sent: Wednesday, December 17, 2014 3:55 PM To: longshome@comcast.net Cc: City Council Subject: RE: PLEASE SAVE THE NAD PARK LOG GUARD HOUSE Tom, Thank you for your input on the issue of the NAD Park Log Guard House lease. I shall forward your message to the entire City Council for consideration. Regards, Councilman Runyon From: IongshomeO)comcast.net [longshome@comcast.net] Sent: Wednesday, December 17, 2014 3:50 PM To: Roy Runyon Cc: longshome; sneal@seattlebsa.org Subject: PLEASE SAVE THE NAD PARK LOG GUARD HOUSE Roy, I would like to make a plea to the Bremerton City Council to make every effort to save the historic NAD Park Log Guard House at the corner of Kitsap and Austin Way that has been most recently been used as the county Boy Scout Store for the last 25 years. This cabin is part of the history of Bremerton and its log architecture evokes an earlier time. It would be tragic to lose that tie to the history that this cabin represents. Its location allows it to be easily visible to cars and pedestrians who pass by. I have a personal tie to the cabin as I was very involved in the Chief Kitsap District Boy Scout activities and was a member of the work parties that refurbished the cabin 25 years ago when the city allowed the Boy Scouts to use the cabin as their local Boy Scout Store. Being build of logs, it is a very sturdy building although it has deteriorated over the years. Please vote to save and maintain the NAD Park Log Guard House. Thank you. Tom Long Past Chief Kitsap District Chairman and Scoutmaster of Troop 1544 scout NAD was an acronym for"Naval Ammunition Depot". The facility was responsible for the storage and re-working of up to a 16 inch Naval round. Active duty of the base was from 1904 to 5 June 1959, spanning the horse military to the Cold War era. This base was up to 428 acres (the NAD Soroptomist Park was transferred to Bremerton in 1962, and is a very small part of the original base). It had its own railroad and turntable. Outdoor facilities included 1 athletic field, 1 hand ball court, 1 volley ball court,and 2 rowboats. Indoor facilities included 2 bowling alleys, 1 movie theater, 1 library, 1 pistol range, 1 gym,2 pool tables,and 1 trap range. These facilities are all gone. The early days of WWII brought NAD to the forefront. Records show ammunition was supplied to many Pacific theater warships. In 1944, for instance,the base had over 1300 personnel assigned, including both military and civilian. The use of NAD Bremerton prevented ammunition transfers in Seattle. Casualties happened during WWII at the base, especially to African-American men. They were detailed with direct contact and disposal of ammunition. Many women helped the war effort,rebuilding and certifying ammunition. A very dangerous job! The base was gradually obsoleted as Indian Island became the primary ammunition depot. Much of the base's original equipment was railed elsewhere and may still be in use today. Most of the land became the "Jackson Park Residential Community"(military housing). The old log cabin at the still standing Main Gate is a little known survivor. Military records show it was built in 1934 by the"CCC"(Civilian Conservation Corps). This cabin is one of the few remaining military structures built by the CCC and NOT the WPA. Records indicate this cabin was built by Company 302, usually referenced as Company 1302. The US Army was in charge of CCC. Company 1302 was stood up at Fort George Meade, Maryland, as a Third Corps Area Company on May 21,1933,under the command of Capt. George Tabscott. After several transitions across America,this company arrived at Bremerton,Wa.,and became Navy-1 Camp Ostrich Bay, Oct. 24, 1933. Eventually,this company became the builders of Camp F-85,North Bend, Wash. The final camp is better known now as"Camp Waskowitz",and is used to this day. Our cabin was originally designated Navy Building 79, and shows on the old plans. It posted the assigned Marine guard detail. In back(now,2014), some of the perimeter guard path still exists making for a beautiful nature walk. The original patrols were on horseback. The log guardhouse stood derelict and unused until the Boy Scouts of America re-habbed it for their use. It was re-dedicated Feb. 11, 1989,with a total of 150 in attendance. Today,this cabin is still a public servant, in its original position at the Main gate. References and Credits: Richard Yale: "A History of the Naval Ammuntion Depot Puget Sound" (2006) Inspection Report: Art Anderson Assoc., 2014 Janet Oakley:NW author"Tree Soldier", Chanticleer Grand Prize Winner 2013 Justin Museum: CCC justinmuseum.com Mudbay.Wordpress.com National Association of CCC Alumni Journal 26(1):11 Sehunt-Home.Comcast.Net Danielle Eaton, Senior Curator Navy Museum Bremerton Navy Legacy Records By Benue JMW Fleming 5-28-2014 P.O. Box 5205 Bremerton, Wa., 98312-0492 Y i:- ,'k r'• 4 r r2 r b dot ix-t✓kf�, �-� 1�+{ni".°�i,:"C" a � �y�1 _ y,. G -'ir y �'T17 V ° � •f.� � �� T�'.1���'�'Cii �Y� E,� � "i��vi�,yA,. r ' ■ ;, ~'-:�5,. •�'' a?�F'i�l{ln._''•�y.•• _ LP nr •:i•+ '6..'' .. _ �+y". +�a, •'t� 3i•:{•..•�y�•.��SY.,{S-.:L)??.i K,c. �Ft::;. ,:}..tr;j.�; 1R,.•�k..'y �•,i� 1. ��'°:�r� �' �t:arsj,�-.-Mk::.,d{!s •�,.^.n$4�a,t.+ �ti^�sy` 1,SF.��` 7'r`x��' r i �+�.r''•�.'',:r�1`.' hj,-s":%�� r,'� LiS'ir.. 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Oct. 2006 r..,r•,,.;..7 u m 1 m a-a-- km 1 M MAIE MAIM.-IF M JIM Mb 21 02 Mon, a i m m W Ml I k M. m M Wl' ko-I la,Al :m Wma AM Lywmp at �t,,,Ii, 's'-_�_ Isra - '� �wwwwwwwww wwwwwwwww��.ae'�.�� �i ®ill nI l DULJIM� - — ri w • 1 +1MIii*iilpr► r � s ;a* ��i t"w r J f �C 1A• C It We, the undersigned, enthusiastically endorse and applaud the of foa}s of the NAD Guardhouse Cabin f=oundation to restore the log guardhouse cabin at NAD Soropti-nist Park in the City of Bremerton. The historical preservation of an important park feature for our local community wilt, literally, be a monumental achievement that will provide years of enjoyment and use to our community and other organizations. We kappily support NAD Guardhouse Cabin Foundation's efforts and look forward to collaborating on events and celebrating milestones for the NAD Park Guardhouse Foundation's cab!r, restoration and beyond. Signature(s) Company / organization/individual 9 , I ' s : !'r �J erg a' t 1 -- page 1 o�19 NACU Guardhouse Foundation Endorsement(s) IVIA.z Kv, vi lot ..................... zo Page 2 of 19 NAD Guardhouse Foundation Endorsement(s) 1213. O�Wvl , oos, COM J1 P, le J IA /V JULN COOL NOW ry Qrz A11111 A ly Ise too I kill Page 2 of 19 NAD Guardhouse Foundation Endorsement(s)