HomeMy WebLinkAbout02/03/2016 AGENDA i;�-== == --=��
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CIN COUNCIL 345 6�h Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360)473-5280
***AMENDED***
FEBRUARY 3, 2016
CITY COUNCIL MEETING AGENDA
1. BRIEFING: 5:00 to 5:30 P.M. in COUNCIL CONFERENCE ROOM 603
A. Review of Agenda
B. General Council Business (As necessary...)
2. CALL TO ORDER: 5:30 P.M. in the FIRST FLOOR CHAMBERS
A. Pledge of Allegiance
B. Invocation
3. MAYOR'S REPORT
4. COMPREHENSIVE PLAN UPDATE
A. Land Use Element—Allison Satter, City Planner, Department of Community Development
5. PUBLIC RECOGNITION
6. CONSENT AGENDA
A. Claims & Check Register
B. Minutes of Meeting —January 20, 2016
C. Minutes of Study Session —January 27, 2016
D. Purchase of thirty-five (35) replacement Motorola Portable Radios for the Fire Department
E. Amendment No. 6 to the Professional Services Agreement with Willis of Seattle, Inc. for
Insurance Broker Services
F. Ordinance No. 5295 amending Section 2.62.040 of the Bremerton Municipal Code (BMC)
entitled "Judges Pro Tempore, Court Commissioners — Municipal Court Hearing Examiner"
G. Amendment to Interlocal Agreement with Kitsap County for Public Access Television Funding
H. Professional Services Agreement with the City of Poulsbo for BKAT Services
I. Resolution No. 3262 authorizing the Sole Source Purchase of two (2) Primary Clarifier Drives;
Removal of the City's current Drives; and Installation of the new Drives from OVIVO USA,
LLC for the Wastewater Treatment Plant
J. Purchase of four(4) 2016 Ford Interceptor Utility Vehicles from Columbia Ford Nissan of
Longview, WA for the Police Department
K. Purchase of one (1) 2016 Dodge 1500 4x4 Pickup from Bud Clary Chrysler podge of
Longview, WA for the Water Resources Division
7. GENERAL BUSINESS— There are no General Business items tonight...
8. COUNCIL MEIIABER REPORTS
9. EXECUTIVE SESSION — 15-Minutes to consider a Real Estate Acquisition under RCW
42.30.110(1)(b) No action is anticipafed...
10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
The Bremerton Transportation Benefit District(TBD) Board will meet after a brief recess...
� 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.
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Assumption of TBD — Outline �r;e-�� (,y C��
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Senate Bi115987 Passed July 1, 2015, now codified as Chapter 36.74 RCW, which
authorizes a city to assume the rights, powers, functions, and obligations of a transportation
benefit district established by a city as follows:
I. Abilitv to Assume the Transportation Benefit District. Ttie city may assume the rights,
powers, functions, and obligations of the transportation benefit district as follows:
1. The city council must adopt an ordinance or resolution scheduling a hearin�concerning
the assumption of such rights, powers, functions, and obligations.
2. After receiving testimony from the hearing, the city council determines that:
a. The public interest or welfaze would be satisfied by the City of Bremerton
assuming the rights, powers, immunities, functions, and obligations of the
transportation benefit district.
b. The City of Bremerton legislative authority may assume such rights, powers,
functions, and obligations by ordinance or resolution, providing that the City of
Bremerton is vested with every right,power, immunity, function, and obligation
currently granted to or possessed by the transportation benefit district.
3. Upon assumption of the rights, powers, immunities, functions, and obligations of the
transportation benefit district by the City Council is vested with all rights, powers,
immunities, functions, and obligations otherwise vested by law in the �overning board of
the transportation benefit district and the governin� board is abolished.
4. All rules re�ulations and all pendin�business before the board of any transportation
benefit district transfened pursuant to this chapter must be continued and acted upon by
the Citv of Bremerton.
5. All existing contracts and obli ations of the transferred transportations benefit district
remain in full force and effect and must be performed bv the City of Bremerton. A
transfer authorized in this chapter does not affect the validity of any official act
performed by any official or employee prior to the transfer authorized pursuant to this
chapter.
6. All documents, reports and any other work product produced by the transportation benefit
district must be made available to the Citv of Bremerton.
7. All funds,credits, or other assets held in connection with powers, duties, and functions
transferred under this chapter must be assi�ned to the City of Bremerton.
8. Any appropriations of federal grants made to the transportation benefit district for the
purpose of carrying out the rights, powers, functions, and obligations authorized to be
assumed by the City of Bremerton pursuant to this chapter, on the effective date of such
" transfer, must be credited to the City of Bremerton for the purpose of carrying out such
transfened rights, powers, functions, and obligations.
9. The Citv of Bremerton must assume and agree to provide for the pavment of all of the
indebtedness of the transportation benefit district, including the payment and retirement
of outstanding general obligations and revenue bonds issued by the transportation benefit
district.
II. Car Tab Fees. Can be implemented by the City Council upon assumption of the TBD
1. The Time schedule to raise the fees:
a. Upon a Majority vote of the TBD, and the fee of$20 has been in place for 24
months, the Fee may be raised to $40.
b. Upon a Majority vote of the TBD, and the fee of$40 has been in place for 24
months,then it may be raised to $50. (Subject to a vote upon filing of a petition)
c. The fees imposed may not exceed $50 dollars.
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
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REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK
THANK YOU
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Date 2/2/2016 year of our lord
Greetings Bremerton counsel members, I'm sure our last meeting is still fresh in your mind , as it
is in mine , I told you I am empathic and that all the garbage is hurting me and mother earth , I am of
sound mind and body , my Christian name is ,john R Miller , but I go by `Red'and have been walking
our fare city since my awakening on December 6''' . I am here to help, not only Bremerton Uut the
world. It has been commanded of ine that I tell you that you are killing Mother Earth, and there is little
faith in God right now , everyone forgot the saying on our all mighty dollar "in God we trust"! there is
so much dislike and no love for God, he has sent me to once again walk this earth.
I fear no evil as I tell you this , and god talks through me , I was told to type out this statement
because you only believe in black and white , I have been given many gifts and expanded so much in
the last two months , I am in a process to rebuild the church's just like it is said in the Bible ," God is
called many names" but his path always leads us to the light , I hold the keys to your fate and your life
in my hands ,and also the fate of all God's children, there is a Book of Life, if this world does not
change in 7 years from now the rapture will happen.We are in the middle of a war right now , I'm not
talking about physical war, but an ongoing battle , one that has been going on for century's . I am
talking about a Spiritual War, one that is fought in our own odyssey, I was sitting at God's right hand
until he sent me back, I wrote an article "hello world" that will help explain my mission here on earth ,
although I have not published my work as of yet I was told to wait , my time will come. So this counsel
of seven is blessed to read it before the world will.
I have walked and prayed for mankind many a times in this last couple of months , I've been given
rides from Kitsap county police and the sheriffs to my home. A friend Scott acorn thought i was
possessed bye a evil spirit , he called the Bremerton police , they told me to not go back there and I
have not. I also went to wal-mart, it is on video and planning for a royal wedding I stacked carts
heaping with clothes, I had them put in a shopping cart, thousands of Dollars worth of jewelry and
Clothes, the manager of the store thought I was crazy and called the sheriffs. I walked across the street
and followed Gods call. He had me knock on doors until someone called the sheriffs again, I received a
ride home from them, this is all on record. .
I went and checked myself in to Harrison hospital (also on record), I have called 911 on drug
dealers on my block , ask your police officers. I have called the Federal bureau of investigation on the
murder case I was involved in. `why?'you ask, because God gave me the name of the murderer when I
asked Him, He told me to keep warm, have no intercourse with my girlfriend until after Christmas.
we've been married in the eyes of God , and he was pleased with my decision , as a wedding present
the seven headed dragon had a fireball fall from the sky for us.
I am who I say I am , it might cause a ripple in time. but I am ready to announce to you my true
mission and my true name , my mission is to bring god,�hildren closer to him , and tell the world there
wrongs and how they are killing mother earth , it is also part of my mission to help this world and stop
the destruction and the unbelieving of God , as I stand here now I will tell you I am Lord Jesus , I am
the Spirit of Truth and all the trashing of this world must stop. I encourage the whole world to read just
one passage , John 3:16 and know I speak the truth and I see visions of bad things to come , don't curse
God just believe with your hearts, and show your love.
(Benedicat Tibi Deus Vita) May god bless you with a long life , may this world change in seven
years. when God commands me I run to him, when the words in red are read it rings in my head , I am
ready for any thing you try and trick me with , devil be back, thank you my father for this moment of
glory, In god I trust , do you ?
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HELLO WORLD �� PQ�s�
let me introduce myself to you , my pen name is Big Bear , I was raised in what was once
Americas most livable city, good old Bremerton, Washington. One of Seattle's sister city's and THE
EMERALD CITY Home of grunge style music and my personal favorite Jimmy Hendricks and much
more legends to chose from. you see I am a small town boy at heart , I was raised in Bremerton I
walked all the streets when I was a young buck , I walked all over Bremerton with three friends of mine
, and that's where I am most comfortable, I tried moving away from here once or twice , always to just
return.
Every year I go do some thing different for new years , and this year was no different , I decided to
visit our sister city , Seattle Washington ?Why you ask ? It was a mission from the big MAN upstairs ,
you do remember him right?You watch the news at night , but do you read and follow your bible or
which ever good religion you are , you do remember him right?.but do you still read HIS book the
giver of life and everlasting life ? his words are attuned to my spirit and the great spirit , just like it says
, FATHER ,SON , HOLY SPIRIT, get ready for my many adventures over the many moons to come, I
was interested in the word native and looked up the meaning of it and I must share this ,the definition
of Native is as follows .
in an Adjective , being the place or environment in which a person was born or a thing came in to
being , here is the origin and History for the word Native it began in the late 1400 century
"natural,hereditary,connected with something in a natural way" from old French natif"native born in
;raw unspoiled " and directly from latin natiws "intamte ,produced bye birth from natus , past of
nasic(old litin gnasci)"be born" related to gignre :"beget from PIE root gene_/_" to give birth beget
with derivatives referring to family and tribal groups from middle fifteenth centrury in sense of, `
bound; born in servitude or serfdom" also as a noun " a bondsman self Native American attested from
1956. I will share this last tit bit of knowledge with you; "person Born into Bondage".
But not myself, I am one quarter Irish one quarter Russian and one quarter German and one
hundred percent Athabaskan Alaskan Native and start of all tribesman and since I have had my
Spiritual Awakening it has changed my whole outlook on life, on December sixth at a friends house we
where praising him and it felt like a big hole opened up underneath me and my childhood friend Scott
now a struggling preacher starting a church of his own said whats matter , I stated it felt like a big hole
opened up under me , he laugh and said "you are going the wrong way" little did we both know how
much that changed me!!!!!!!!!!!! and now I am ready to bust out in this world and write and observe
and draw and love , speaking of love I make words come alive with color and passion,Writing short
stories is a mission of mine from the Great Spirit.And I must share them with all the sleeping world to
wake up the beauty that has been lost LOVE.
Me and a Friend of my family DOC and his mini pincher named Dot-dot decided to go to Seattle
for our new years celebration, and since its a mission from the big MAN, I was commanded to leave
any money I had and follow the Great spirit in a spirit walk ,So I started to pack some previsions, and
here are some if the item's I packed for my journey , one jar of peanut butter ,an old white towel, my
note book, pens,and etc........as I was packing I was thinking that i wanted to keep my back pack as
light as possible .
me and doc walked down to the bus station, in a festive mood waiting for excitement. Remember
we have mo money so we ask the bus driver if we could catch a ride , he stated that "might as well I let
other people on today"And on the bus ride over we encounter some intriguing souls, we talked about
dogs and how they pick there owners we don't pick them that they pick us,as the bus was nearing are
stop we bid every one we meet a HAPPY NEW YEARS and followed a spirit out the door, I felt the
cool December wind on my cheeks , as I buttoned up my jacket, not trying to think but get my spirit
atoned to the big MANS call .
I started leading the way going down forth street towards park ave , felling excited I hurried along
chasing the pull of my spirit , wondering what was in-store for me, but DOC and Dot-dot took the lead
from me and picking up on the trail the big man was providing for us, we walked up six street to New
Day Ministries Doc tied up Dot-Dot to a post and lay-ed out a small blanket for him , I had to ask what
is this place , and Doc informed me "This is New Day Ministries, They are supported by New Life
Church.
we walked in I was looking for a comfortable table to sit at , I wallced across the room to a corner
table and turned to look at Doc for a second and changed my mind, I walked over to the first table bye
the door and put down my back pack and started disrobing , I took of my Rocker-wear jacket , now I
was a little bit cooler, but I am all ways cool no dogfight about that,and looked around, the place was
decorated in Christmas fashion , a tree to my right and three rows of tables to my left , the spirits had
dinner all set up at a long row of tables in the back of the room, spirits started wallcing in for our New
Years Dinner, the pastor David started a speech as everyone quieted down I listened to Gods message
to me given by pastor David that evening,
"Yes, its almost here, New Year's Eve, that is time to reflect on the past 12 months, and look forward to
2016 with a new perspective.
The New year is the time to think, plan, dream and motivate yourself to accomplish things you may
never thought possible.
1.Tomorrow is the first blank page of a 365 page book write.
2. For last years words belong to last year's language, and next year's words await another voice, and
to make an end is to make a beginning.
3. Life is a series of natural and spontaneous changes, don't resist them, that only creates sorrow. Let
reality be reality. Let life things flow naturally.
4. Make New Year's goals, discover within, discover what you would like to have happen to your life
this year. Live life to the fullest.
5. Write it in your Heart that every day is the best day in the year.
6. Let your New Year Resolution be this: "We wffl be there for one another as fellow Members of
Humanity, in the finest sense of the words.
7. Cheers to a New Year and another chance for us to get it right.
8. We must always change, renew, rejuvenate ourselves; otherwise we harden .
9. For a New Year to bring you something new, make a move like a butterfly tearing itself from its
cocoon. Make a Move.
10. Success means having the courage, the determination and the will to become the person you were
meant to be.
11 the Object of a New Year is not that we should have a New Year but rather we should have a new
Soul.
12 Approach the New Year with resolve to find the opportunities hidden in each new DAY.
I was bewildered at his message , and I wrote down notes as everything was happening ,i hurried
up and eat my meal, all energized with the spirit in me , as we where checking out , a kindred spirit said
that there was peanut butter and jelly and I even thanked them for the wafer cookies and all the goods
that I was blessed with , me and Doc packed our back packs , and headed down to the transfer-center ,
wishing everyone a happy new years , some spirits where jolly some mad , I shy-ed away from a
couple of bad spirits talking bad about this person or that person and cussing and all the foul words ,
because that kind of talk hurts my soul, so I try my best to stay away from trouble .
so I tell you this children of god from this world , if you see a man sitting in a coffee shop writing
in his note book , that just might be me! Writing about the events happening , or just striking up a
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Mayor Pariy Lent
mayorC�Pci.bremerton.wa.us
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345 6th Slreel,Suite 600
Bremerton,WA 98997-1873
WHEREAS, Black History Month will be celebrated throughout the nation during the
month of February; and
WHEREAS, The City of Bremerton adopted Resolution 2109 in February 1986 declaxing
the month of Februaxy as Black History Month; and
T�'HEREAS, African Americans have played central roles in some of the most
triumphant and courageous moments in our nation, state and local history. During National
Black History Month, we honor the rich heritage of African Americans and pay tribute to their
many contributions to our City. We also resolve to honor the achievements and legacy of these
proud citizens by continuing to improve our society so that it fully lives up to our nation's
founding ideals; and
WHEREAS, the City of Bremerton, being a military community recognizes the sacrifices
made by African Americans in this country's defense and the role that African Americans
continue to make in the advancement of this country and community; and
WHEREAS, Black History Month is of special significance in fostering a spirit of
cooperation between all segments of our multi-ethnic community, and paying tribute to the vital
roles, past,present and future of our community which includes Filipino-American, Asia-Pacific,
American Indian, and Alaska Native and African Americans as each has contributed and gained
success in the fields of business, commerce, government, education, religion anc!culture; and
WHEREAS, it is fitting that the citizens of this city join in the observance which
underscores our city's quest to fulfill the promise of full equality for all its citizens; and
NOW, THEREFORE, I, Patty Lent, Mayor of the City of Bremerton, do hereby proclaim
the month of February 2016 as BLACK HISTORYMONTH in the City of Bremerton and
encourage all of our citizens to join in this observance which confers special meaning to the
principals embodied in the Constitution of the United States and the Constitution of the State of
Washington.
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� ; Signed this 1 S`day of February, 2016
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Patty L , Mayor
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G Get Your Numbers: Ask your doctor to check your blood pressure, cholesterol and glucose.
O Own Your Lifestyle: Stop smoking, lose weight, be physically active and eat healthy.
R Raise Your Voice: Advocate for more women-related research and education.
E Educate Your Family: Make healthy food choices for you and your family. Teach your kids
the importance of staying active.
D Donate: Show your support with a donation of time or money.
GoRecl �orWomen .or /WearReclDay
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2016 Annual Washington State Juried Art Competition and Show
First Friday Art Walk & Reception �
February 5 , 5-9pm
4t" & Pacific — Collective Visions Gallery
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MAYOR'SAWARD FOR BEST OF SHOW
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_ MUSEUM
280 Fourth Street, Bremerton — 360-649-6226
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School & City Job Shadow Day
February 18, 2016
9:00 AM — 1 :30 PM
Norm Dicks Government Center
For more information, please contact:
Deann Irish at 360-473-0865
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February 20, 2016 `�1�:�� .�''����,-'n`�
Bremerton Ice Center — 9:30am --- �-== _�
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Register at: www.TrvHockeyForFree.com �,
COM PREH ENSIVE PLAN U PDATE Introduction &
Land Use
Element
BREMERTON2035 summary
City council
February 3 , 2016
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� � The Growth Management Act (GMA) requires the City to i
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■ The Comp Plan is the vision for how Bremerton should grow �
;
� over the next 20 years (2016-2036)
� ■ Address existing conditions �
�
,
; ■ Evaluating growth potential. �
� '�
�
�
�
� ■ Maintain fundamental principles of 2404 Plan '
; �
I ■ Metropolitan City of Kitsap County
;
' ■ Live, work, play
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�
�
� ;
' ■ Ensures compliance with the requirements of the GMA , �
� �
' PSRC's VISION 2040 & Transportation 2040 , and Kitsap
�
; �
� Countywide Planning Policies. ;
� ;
� �
,
; �
; ■ Standardizing document format - streamline ,
,
� ----------�-------- - �
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� � SNOk:OA!!S.`i COUNTY
;
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� rwh i -
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; • Puget Sound will grow by 1,712,000 by ~���� �` '
r
2040 - totalin more than 5 million ��' ' � '
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; `�- % �� ``� � �1 �.,,,, y
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� G rowth is AI located by: ,,� ; .� � �� ; �
�, � Office of Financial Management �� � , �
. 3 �
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; • Multicounty Planning Policies • !' °�--�` � - � �
' PSRC _ __���-= _ �11 ~ � `� I
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� • Kitsap Countywide Planning j��- � � ;�• ,� � � '�� � ��
� Policies � � �= ;._:�� �
; .y ` -�, � �.� '� � '`` i i
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; • Kitsap County = 80,000 additional �� -� •),'-; ' ' � � 3.��.� -- _..- --- -----__ ---- !
_� _�:�` - - ;I
' people (62,000 is within UGAs & Cities) � ' � r�i� - � ' ' ' °'�`°��' ;�
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� • Bremerton = 14,000 additional + ��i `�'.' � � �= ��`"�" '
, : � �'�,y�•�� . '. ��oe.e�e,a„ I
� ,1�`�'}�2�{. �• �k � � ACCYON4eCCCCftAA@C. 1
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� 2,456 ■ Capacity 20�5 ,
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� UGA1 �ObS 1,443 �
! 1,443 ■ Tar�et 2012-36 i
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; ■ Plan Growth 20�.2-2036 ;
� 4,347 �
� UGA Population s,972 i
�
I 4,350 ;
�
�
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i 20,652 �
� Bremerton Jobs 18,276 i
; 18,782 �
i �
� ;
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� 32,446 �
�
� Bremerton Population 12,367 ;
I 13,7 57 �
i �
� 0 5,000 10,000 15,000 20,000 25,000 30,000 35,000 i
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� � Outreach to pub�lic = �
�
; �� ;
; ■ Work Program in Fall 2014 - __., �:�. _.. _� �
+ ,, - � =
! � Individual District Profiles .... �;d
�
� � District Mascots - prizes... r r �
i � f9 ,f • �
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j � Workshop and Public Hearing and City Council � ' �' �'. - �
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; • r 1.� i
; ■ Planning Commission Public Meetings �_ _ _ �t-� ___-_=___.__ __ ______ ____ � �
,
I r 9 Workshops, 2 Open Houses, and 2 Public Hearings since Oct 2014
� �
i ■ BKAT in Sept 2015 �
;
� ■ Two mass mailings - 9000 letters .citywide
� ;
; �� January and November 2015 ;
; ;
!
I `
� � Still Opportunity throughout City Council process ;
;
�
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; � e��,��o � �c�o���t�o� � 00�3�0�0� �
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; :
�---------.-------------------------- ----- -------------------�--�------�------
, ' � � • � •
�---- ---- ----- ------ -- - -------- - -----------
;
� �o Introduction -
� -
�
; �o Land Use Element (2/3) � ;
; � � ,
; �o Housing Element (2/17) - _ .f� . �
� ;
�'�'� Economic Development Element (3/2) -
u o '
i I
� �o Transportation Element (3/ 16) -. � e� . :��:-..�. ��
�� :��,,:.,.�..�. .. ., . .��:�.. ;
�
; �o City Services Element (4/6) �
;
i �o Environmental Element (4/20) �
�
; �o Technical Appendix
�
,
�
I �
, '
� Elements include Vision , �oals and Policies �
;
� Technicai Appendix provides supporting information ;
i �
�
' Consultant help: BERK Consulting (City Services), Fehr & Peers ;
I � �
; �
� i n and The Watershed Com an Critical Areas SMP �
, (Transportat o ), p y ( , , ;
� and Environmental). j
I
i �
�.--------------- --�- ---------------------�----------------------------------------- ----------------------..--�------�--- _....____..__.----'
Bremerton i� a metro olit� n
p
cit th a t ro vi d es fo r
Y p LA IV D
economic vifalit and diverse
y USE
lifest les throu h a broad
y g
VISION
�/� /�/ et � f .� bs� � Dusln y SIMPLIFIED
Y J �
strate icall located
g y
commercial and re �reational
0 ortunities .
pp
� ' � - •
� . •
P osed o
M '� ' �
rop
■ LU1: Plan for Bremerton 's population = � �
and employment growth
■ LU2: Encourage economic
- development within the City
■ LU3: Protect Bremerton 's natural
environment
■ LU4: Promote community health by �
, allowing opportunities for healthy
lifestyle choices
� ' � ' �
■ ■ • �
Pr sed Pol � c� es
o po
. . . . : _
■ Recogn�z�ng the bu�lt env�ronment
■ Reduce vacant buildings
■ Adaptive Reuses, transitional uses
■ Push development to centers
-(existing infrastructure is) while
recognizi�ng the importance of our
, neighborhoods.
DRAFT LAN D USE MAPS
Centers
Approach
ALL DRAFT LU MAPS : �onso � idated
des � gnat � ons
WWW. BREM ERTON2035 . COM
Better
recognizing
the built
environment
r
LAND USE MAP #1 �� � � �S :i Land Use Designations
' � �
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Friday, February 19 °N°° Saturday, Februarr 20 � Sunday, february 21 Watch "Hockey Day �
„
Wear Your Favorite � Try Hockey Day ' Celebrate Local Hockey in America �
Jersey Oay Heroes Day
RII Day on Sunday,February 21
Try Hockey for Free ► ► ►
Satu rda Februa r 20
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9 : 30 AM
Bremerton Ice Arena
Registration for Youth ages 4 to 9 yea rs old
www.TryHockeyForFree.com
.
Questions? - -
Brent Seidel, West Sound Hockey Club Director
bseidel C«� bremerton icec�enter.com
(3 60) 479-7465
„,�ery 18?1��16��
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FOR IMMEDIATE RELEASE
January 29th,2016
Try Hockey For Free Day Coming to Bremerton Ice Center Feb. 20.
Bremea-ton,WA—West Sound Hockey Club invites boys and girls to the Bremerton
Ice Center on Saturday, Feb. 20 for a Try Hockey For Free clinic as part of Hockey
Weekend Across America. Starting at 9:30am local youth, ages 4 to 9, are encouraged to
experience ice hockey for the first time and learn the basic skills in a fun, safe
environment.
"We look forward to welcoming families to Bremerton Ice Center to try our great sport of
ice hockey" said Brent Seidel Director of Hockey. "Our goal is for these families to enjoy
watching their kids learn new skills with big smiles on their faces."
USA Hockey's Try Hockey program, with the support of the National Hockey League
and NHL member clubs, among others, is designed to provide youth hockey associations
a national platform to introduce new kids to the sport. In addition to presenting sponsor
Kraft Heinz, Total Hockey and Liberty Mutual Insurance are official sponsors of Try
Hockey For Free Days. USA Hockey has close to 300 locations offering this unique
opportunity to kids nationwide.
To register for this Try Hockey For Free event, please visit
www.TryHockeyForFree.com.
For more information, please contact: WSHC Director Brent Seidel,
bseidel@bremertonicecenter.com, (360) 479-7465
####
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AGENDA BILL �A
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Claims & Check Register Study Session Date:
COUNCIL MEETING Date: February 3, 2016
Department: Financial Services
Presenter: Shannon Corin
Phone: 473-5323
SUMMARY:
Approval of the following checks and electronic fund transfers:
1) Check#'s 366949 through 367162 and EFT's 15721 through 15766 in the amount of
$1,956,347.36.
2) Regular Payroll for the pay period ending January 15, 2016 in the amount of$731,285.41.
3) Regular Payroll for the pay period ending January 15, 2016 in the amount of$0.00
4) Retiree Payroll for the pay period ending January 31, 2016 in the amount of$53,148.96.
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):
STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation
STUDY SESSION ACTION: � 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 01/07/15
AGENDA BILL �B
CITY OF BREMERTON
CITY COUNGL
SUBJECT: Minutes of Meeting - Study Session Date: N/A
January 20, 2016 COUNCIL MEETING Date: February 3, 2016
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: Attached is a summary of the City Council Meeting on January 20, 2016.
ATTACHMENTS: Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount): N/A
STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑x 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 01/07/15
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, January 20, 2016
The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday,
January 20, 2016, at 5:00 PM in Council Conference Room 603 of the NoRM DicKs GovERrvMENr
CENTER, 345 6'h Street, Bremerton, Washington, with Council President Eric Younger presiding.
Council Members present were Richard Huddy, Dino Davis, Greg Wheeler, Jerry McDonald, Leslie
Daugs, and Pat Sullivan. Also present were City Attorney Roger Lubovich; City Clerk Shannon Corin;
Legislative Assistant Lori Smith; and Kevin Matthew, Information Services Manager.
A Cou►vci� BRiEFiN� 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 Pat Sullivan followed by the invocation
provided by Reverend Ron Anderson of Manette Community Church.
MAYOR'S REPORT—Mayor Patty Lent...
• Shared that the City of Bremerton received a Certificate of Appreciation for the first time by Puget
Sound Energy in recognition of the City's commitment to energy efficiency;
• Encouraged residents who are considering home improvement projects to submit an application
or contact the Kitsap County Community Development Department at (360) 337-7160 for more
information and to see if they are eligible for a three-year property tax exemption;
• Provided a briefing on the work being done in conjunction with the Port of Bremerton at the
Evergreen Rotary Park dock; �
• Submitted a Press Release to alleviate concerns that the City does not share in any of the current
concerns happening in Flint, Michigan related to lead in their drinking water;
• Brought forward Mike Scott, Red Cross volunteer to report on a successful program this past
year to install 144 smoke detectors, as well as service current smoke detectors for residents in
the City; and for more information on the Smoke Detector Program or if you are a mental health
professionals willing to volunteer to assist during an emergency response or to help train
volunteers in mental health issues; please contact Dave Rasmussen at (360) 377-3761.
POLICE DEPARTMENT BRIEFING —Police Chief Steven Strachan...
Chief Strachan highlighted statistics for the Month of December '15 and to-date in January '16.
PUBLIC RECOGNITION �
Gale Gillespie mentioned that due to a family member who is affected by Multiple Sclerosis, he
supports the annual "Wa/k MS—Kitsap 2016"; and invited Mayor Lent to provide remarks at this
year's event on Saturday, April 9, 2016 at Klahowya Secondary School. Mavor Lent stated that she
attends the walk every year, and will be pleased to participate in the opening ceremony.
John Hanson, President of the Bremerton Historic Ships Association, with USS Turner Joy,
� discussed a program in cooperation with the STEM program; shared very positive results from
marketing the USS Turner Joy through Groupon to sell tickets during the winter; and hoped that other
film productions like Z Nation are staged in Bremerton.
CONSENT AGENDA
6A— Claims & Check Register: Check Numbers 366708 through 366948, and EFT-15665 through
EFT-15720 in the amount of$3,077,240.47; Regular Payroll (Pay-Out 8� Correction)for the
pay period ending December 31, 2015 in the amount of$12,447.68;
6B— Minutes of Meeting —January 6, 2016
City Council Reg. Mtg. Minutes
Wednesday, January 20, 2016
Page 2 of 4
6C — Minutes of Study Session —January 13, 2016
6D— 2016 Excess Liability and Crime Insurance; and 2016—2017 Excess Workers Compensation
Insurance
6E — Interlocal Agreement with Kitsap County Administrative Services for Court Security Services
6F— Utility Construction Agreement with WSDOT for Water and Sewer Pipe Relocation on SR16
6G — Contract Award to Hendricks Screen Company of Owensboro, Kentucky for the McKenna
Falls Intake Improvements Project—Screening and Air Backwash System Procurement
6H — Resolution No. 3259 to approve the granting of an easement for the development of property
located at the Pacific Avenue Plaza
There were no commenfs from the public...
05:59:53 M/S/C/U (Davis/Daugs) Move to approve the CoNSENT A�Erv�A as presented.
GENERAL BUSINESS
7A— RESOLUTION NO. 3260 TO ADOPT THE 2015 KITSAP COUNTY COMPREHENSIVE
EMERGENCY MANAGEMENT PLAN: Fire Chief AI Duke summarized that the Revised Code of
Washington 38.52.070 authorizes and directs local jurisdictions to establish and maintain a
comprehensive emergency management plan. The plan was last revised and updated in 2013. This
resolution will adopt the 2015 Kitsap County Comprehensive Emergency Management Plan.
There were no comments from the public...
06:06:15 Motion was made by Daugs, and seconded by Sullivan... Questions were asked by
McDonald, Wheeler, Huddy, and Younger, with responses provided by Chief Duke...
06:13:52 M/S/C/U (Daugs/Sullivan) Move to approve Resolution No. 3260 to adopt the 2015 Kitsap
County Comprehensive Emergency Management Plan.
7B—ORDINANCE NO. 5294 TO AMEND CHAPTER 7.08 OF THE BREMERTON MUNICIPAL
CODE (BMC) ENTITLED "LICENSES AND LICENSING REQUIREMENTS": Shannon Corin, City
Clerk, recommended the City offer lifetime licenses for neutered or spayed cats and dogs as a
convenience to the residents of the City of Bremerton. Proposed changes to Sections 7.08.010 and
7.08.020 allow for the issuance of lifetime licenses. With the recommendation of a lifetime license,
staff is also recommending the transfer of licenses from one owner to another be removed from the
code, so that lifetime licenses may expire upon change in ownership. Eric Stevens, Executive
Director with the Kitsap Humane Society, came forward to highlight additional supportive statistics.
There were no comments from fhe public...
06:23:25 Motion was made by Huddy, and seconded by Davis... Comments were provided by
Huddy; and questions were asked by Davis and Daugs; with responses provided by Mr. Stevens...
06:32:33 M/S/C/U (Huddy/Davis) Move to pass Ordinance No. 5294 to amend Chapter 7.08 of the
Bremerton Municipal Code entitled "Licenses and Licensing Requirements."
7C — RESOLUTION NO. 3261 TO AMEND AND RE-ESTABLISH RATES AND FEES RELATING TO
ANIMAL CONTROL: Shannon Corin, City Clerk, explained that the Kitsap Humane Society
proposes that the City establish a lifetime licensing fee for neutered or spayed cats and dogs. Kitsap
County has instituted a lifetime rate and has shown that citizens prefer the lifetime license over an
annual license for convenience. Other proposed changes are a $1.00 replacement tag fee and an
additional fee for late renewals.
City Council Reg. Mtg. Minutes
Wednesday, January 20, 2016
Page 3 of 4
There were no comments from the public...
06:33:45 M/S/C/U (Wheeler/Davis) Move to adopt Resolution No. 3261 to amend and re-establish
rates and fees relating to Animal Control.
7D— PROFESSIONAL SERVICES AGEEMENT FOR ANIMAL CONTROL AND LICENSING WITH
KITSAP HUMANE SOCIETY: Shannon Corin, City Clerk, continued that the City's Animal Control
Contract with the Kitsap Humane Society(KHS) has expired. Staff is proposing a new 5 year contract
that amends the previous contract, including a 2% annual increase. As before, KHS will issue City of
Bremerton pet and chicken licenses and retain the revenue and expenses of the licensing. Animal
control services are outlined in Exhibit A tothe contract.
KHS has also suggested that the City allow for lifetime licenses for spayed or neutered cats
and dogs. This will be addressed in a separate ordinance amending the current BMC and a
resolution reestablishing Rates& Fees.
There were no comments from the public...
06:34:24 Motion was made by Davis, and seconded by McDonald... Comments were provided by
Wheeler and Younger; and questions were asked by Daugs, Wheeler, Sullivan, and Davis; with
responses provided by Mayor Lent, Ms. Corin. Mr. Stevens, and Financial Services Director Cathy
Johnson...
06:55:35 M/S/C/U (Davis/McDonald) Move to approve the Professional Services Agreement for
Animal Control and Licensing with Kitsap Humane Society; and authorize the Mayor to finalize and
execute the agreement with substantially the same terms and conditions as presented.
COUNCIL MEMBER REPORTS
Richard Huddv thanked staff involved with his orientation as a new elected official; shared that he's
been assigned to the Financial & Investment Committee, the Public Works Committee, and the Kitsap
Transit Board of Commissioners; and reported on a very enlightening film he viewed last Saturday
titled "Chosen—A Human Trafficking Documentary' hosted by the Bremerton Soroptomists,
expressing his concerns about the safety of youth in our community, but taking solace in knowing
there are organizations including the Kitsap County Sheriff Department and City of Bremerton Police
Department trying to help. Lastly, he enjoyed the Annual Dr. Martin Luther King, Jr. Celebration held
on Monday.
Dino Davis wished Council President Eric Younger, as well as his wife Christine, a happy birthday.
Greg Wheeler announced that volunteers are always welcome at the monthly Kiwanis Field Work
Party, and the next opportunity will be on Saturday on January 23 from 9:00 to 11:00 AM.
Jerrv McDonald reported on the art work going up on utility boxes around the community; and also
wished Council President Eric Younger a happy birthday.
Leslie Dauqs wished Council President Eric Younger a happy birthday; announced the AVID
Program "This is Mef' Cultural Celebration will be on Thursday, January 21 from 5:00 to 7:30 PM at
Mountain View Middle School; the joint Kitsap Fil-AM and Kitsap Habitat for Humanity Dinner&
Dance will be on Saturday, January 23 beginning at 5:00 PM; and lastly, invited the community to
attend the Aerie Eagles 192 "Family Movie Night"featuring Space Balls on Saturday, January 23 at
7:00 PM and Labyrinth on Saturday, January 30 at 6:30 PM.
City Council Reg. Mtg. Minutes
Wednesday, January 20, 2016
Page 4 of 4
Pat Sullivan encouraged District 1 residents to provide feedback during a Public Works Community
Meeting to be held on Thursday, January 21 from 5:00 to 6:30 PM in the Lounge at Sheridan Park
Community Center where Managing Engineer Jerry Hauth will be discussing the Lebo Boulevard
Improvements Project; and shared concerns expressed to her by constituents she met while on a
recent walk through her neighborhood and surrounding area this past weekend.
Eric Younaer on behalf of citizen Robert Parker, he announced the next "Introduction to Community
Emergency Response Team (CERT) and Disaster Preparedness" series of classes will begin on
Thursday, February 18 from 6:30 to 8:30 PM at the Kitsap County Department of Emergency
Preparedness Center, adding that the class is free but space is limited, and anyone interested in
attending may please contact Jason McMillan at (360) 307-5871. He also added that he turned 50
today, and thanked everyone for the birthday wishes.
President Younqer announced that the Council will be meeting with Mayor Lent and Department
Directors during a Joint Planning Session on Saturday, January 30 from 9:00 AM to 3:00 PM in the
Mayor's Conference Room; and that members of the public are welcome to attend, but there will be
no opportunities for comment, and that no action is anticipated.
With no further business, President Younger adjourned the Council Meeting at 7:11 PM.
Prepared and Submitted by:
r �
ORI SMITH
Legislative Assistant
Attest:
SHANNON CORIN, City Clerk
ERIC YOUNGER, City Council President
EY:SC:Is:cg
AGENDA BILL �C
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Minutes of Study Session - Study Session Date: N/A
January 27, 2016 COUNCIL MEETING Date: February 3, 2016
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: Attached is a summary of the City Council Study Session on January 27, 2016.
ATTACHMENTS: Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount): N/A
STUDY SESSION AGENDA: � No Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑x 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 01/07/15
DIGITAL RECORDING
CITY COUNCIL STUDY SESSION MINUTES
Wednesday, January 27, 2016
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, January 27, 2016, at 5:00 PM, with Council President Eric Younger
presiding. Council Members present were Richard Huddy, Greg Wheeler and Pat Sullivan.
Council Members Leslie Daugs, Jerry McDonald, and Dino Davis were absent due to their
attendance at the Association of Washington Cities (AWC) City Action Days Conference in
Olympia. Christine Grenier, Council Assistant, was present to provide staff support.
President Younaer emphasized that the Study Session was open to the public but there would
be no opportunities for input or participation; and announced that approved items by Council will
be placed on the February 3, 2016 Council Meeting Agenda; or as indicated.
A. NO PRESENTATION PLANNED — The following items are budgeted items or subjects that
have been raised with the appropriate Council Committee Members...
1. Purchase of thirty-five (35) replacement Motorola Portable Radios for the Fire Department
Consent Agenda
2. Amendment No. 6 to the Professional Services Agreement with Willis of Seattle, Inc. for
Insurance Broker Services Consenf Agenda
3. Ordinance amending Section 2.62.040 of the Bremerton Municipal Code (BMC) entitled
"Judges Pro Tempore, Court Commissioners— Municipal Court Hearing Examiner"
Consent Agenda
4. Amendment No. 2 to the Interlocal Agreement with Kitsap County for Public Access
Television Funding Consent Agenda
5. Professional Services Agreement with the City of Poulsbo for BKAT Services Consent
Agenda
6. Resolution authorizing the Sole Source Purchase of two (2) new Primary Clarifier Drives;
Removal of the City's Current Drives; and Installation of the new Drives from OVIVO
USA, LLC for the Wastewater Treatment Plant Consent Agenda
7. Purchase of four (4) 2016 Ford Interceptor Utility Vehicles from Columbia Ford Nissan of
Longview, WA for the Police Department Consent Agenda
8. Purchase of one (1) 2016 Dodge 1500 4x4 Pickup from Bud Clary Chrysler podge of
Longview, WA for the Water Resources Division Consent Agenda
B. BRIEFINGS & FULL PRESENTATIONS— There were no Items...
C. GENERAL COUNCIL BUSINESS
o Finance & Investment Committee Briefing (1/24/16 Meeting) — Chair Richard Huddy
o Other General Council Business was discussed.
With no further business, President Younqer adjourned the Council Study Session at 5:56 PM.
City Council Study Session Minutes
Wednesday, January 27, 2016
Page2of2
Prepared and Submitted by:
. �
CHRISTINE G NIER
Council Assistant
Attest:
SHANNON CORIN, City Clerk
ERIC YOUNGER, City Council President
EY:SC:Is:cg
0
AGENDA BILL D
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Purchase of Thirty-Five (35) Study Session Date: January 27, 2016
new Motorola Portable Radios COUNCIL MEETING Date: February 3, 2016
Department: Fire
Presenter: AI Duke, Fire Chief
Phone: (360) 473-5380
SUMMARY: The Fire Department is going to replace 35 of their portable radios. The current radios
are at the end of their useful lifecycle. There have been recent incidents where the radios have failed
for a number of reasons. The current radios have been in operation since 2005. These radios are on
the Washington State bid under Contract No. 02702. The cost for thirty five (35) portable radios and
accessories is $98.120 which includes taxes. Deducted from this amount is $8,750 for trade in of the
old radios.
ATTACHMENTS: Quotation from Motorola Solutions
FISCAL IMPACTS (Include Budgeted Amount): This is budgeted through the Public Safety Bond.
The total cost for the purchase of thirty five (35) portable radios is $89,370 (includes tax).
STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation
STUDY SESSION ACTION: � Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION: '
Move to approve the purchase of thirty five (35) new Motorola portable radios in the amount of
$89,370, including tax, as presented.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/07/15 ,
�
I
Quote Number: QU0000343671 j
� MOTORaLA S(7LUT/ONS Etfective: 08 DEC 2015 '
Effective To: 06 FEB 2016 i
I
�
Bill-To:
BREMERTON FIRE DEPARTMENT
911 PARK AVE
BREMERTON,WA 98337 l
United States ;
�
Attention: Sales Contact: �
Name: Patrick McGanney Name: Robert Miesse
Phone: 253-224-5442 Email: nniesse@daywireless.com
Phone: 2536060951 �
Contract Number: WSCA STANDARD j
Freight terms: FOB Destination !
Payment terms: Net 30 Due
� I
Item Quanrity Nomencleture Description List price Your price Extended Price i
�
1 35 H98KGF9PW6AN APX6000 VHF MHZ MODEL 2.5 $2,588.00 51.941.00 $67,935.00 J
PORTABLE I
la 35 H886AQ ENH:3 YR Sf5 LI'1'� 5125.00 $l25.00 $4,375.00 �
I
lb 35 QA028I8AA ALT:LllON 1MPRE5 FM/CSA 2300M $50.00 $3750 $1,312.50 i
(NNTN8092) �
Ic 35 QA01427AB ALT:IMPACTGREEAIHOUS[NG S25.OD $18.75 $656.25
Id 35 QA02829M ENH:Ll ANALOG CONVENTIONAL 8400.00 5300.00 $IO,S00.00
2 35 YMMN4099A AUDIO ACCESSORY-REMOTE SI20.00 590.00 $3,150.00
SPEAKER MICROPHONE,IMPRES I
WINDPORTQdG RSM,IP55
3 45 NNTN8092A BATT IMP FM R LI ION 2300M 2JSOT 51�}2.00 $106.50 $4,792.50
BLK �
4 1 PMKN4012B PORTABLE PROGRAMMING CABLE 575.00 560.00 $60.00 �
5 S WpLN7080A CHR IMP SUC L•XT US/NA/CA/LA $125.00 $93.75 5468.75
6 14 TINTN7586A APX DUAL ilNIT CHARGER WITHOU'f $295.00 $221.25 $3,097.50
DISPi.AY �
7 3 NNTN7065B IMPRES MUC CHARGER WITH I 5788.00 $591.00 $1,773.00
DISPLAY-USMA PLUG
Total Quote in USD $98,120.50
QUOTE PER WSCA CONTRACT#02702 I
PO Issued to Motorola Solutions Inc.must: �
>Be a valid Purchase Order(PO)/Contract/Notice to Proceed on Company Letterhead. Note:Purchase Requisitions cannot be accepted
>Have a PO Number/Contract Number&Date
>Identify"Motorola Solutions inc."as the Vendor
>Have Payment Tenns or Conh•act Number
>Be issued in the Legal Entity's Name `
>Include a Bill-To Address with a Contact Name and Phone Number �
>Include a Ship-To Address with a Contact Name and Phone Number �
>lnclude an Ultimate Address(only if different than the Ship-To) I
>Be Greater than or Equal to the Value of the Order �
>Be in a Non-Editable Fonnat I
>Identify Tax Exemption Status(where applicable) �
i
i
i
I
�
I
I
AGENDA BILL �
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Amendment No. 6 to the Study Session Date: January 27, 2016
Professional Services Agreement with Willis COUNCIL MEETING Date: February 3, 2016
of Seattle, Inc. for Insurance Broker Services Department: City Attorney's Office—
Risk Management
Presenter: Thelma Swem
Phone: (360) 473-5302
SUMMARY: The City entered into a contract with Willis of Seattle, Inc. for Insurance Broker
Services in 2003. Since that time, Willis of Seattle has extended its agreement with the City without
a rate increase. The proposed amendment extends the agreement for two years at the same rate as
initially negotiated, $25,000 per year.
ATTACHMENTS:
1. Proposed Amendment No. 6 to Professional Services Agreement
2. Professional Services Agreement with Amendments 1 through 5.
FISCAL IMPACTS (Include Budgeted Amount): The Risk Management Fund has adequate funds
budgeted to pay for the services contemplated.
STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve Amendment No. 6 to the Professional Services Agreement with Willis of Seattle,
Inc. for Insurance Broker Services; and authorize the Mayor to finalize and execute the amendment
with substantially the same terms and conditions as presented.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/07/15
AMENDMENT NO. 6 TO PROFESSIONAL SEYtVICES AGREEMENT
BETWEEN CITY OF BREMERTON AND WILLIS OF SEATTLE,INC.
THIS AMENDMENT Number 6, entered into as of the day of February 2016, to the certain
Professional Services Agreement commencing March 1, 2003, between the City of Bremerton
and Willis of Seattle, Inc. for broker services is based upon the following recital of facts:
1. The current professional services contract expires on March 1, 2016 and there is a mutual
desire to amend the Agreement to extend the term during which services are to be
performed by Willis of Seattle, Inc.
NOW THEREFORE, for and in consideration of the mutual agreement contained herein, the
parties do hereby agree:
1. The term of the Professional Services Agreement is extended to March 1, 2018.
2. The City of Bremerton shall pay Willis of Seattle, Inc. $25,000 per year, for the services
detailed in Exhibit A of the Professional Services Agreement and rendered during this
extension period.
3. Willis of Seattle shall maintain the business records required in Section VII of the
Professional Services Agreement for a minimum of seven (7) years subsequent to March
1, 2018.
4. All other terms of the Agreement as annended shall remain in full force and effect.
IN WITNESS THEREOF, the parties hereto have executed this Amendment Number 6 as of
the date and year first written above.
WILLIS O�' SEA'I"I'LE,INC. CITY OF BREM�RTON
By: MARK PINKOWSKI PATTY LENT, Mayor
Its: Managing Pariner
DATE: DATE:
ATTEST:
SHANNON CORIN, City Clerk
APPROVED AS TO FORM:
ROGER A. LUBOVICH, City Attorney
R:\Legal\Legal\Contracts\RISK\Willis of Seattic-amend.6.doc
..,, ^
PROFESSIONAL SERVICES AGREEMENT
The City of Bremerton ("City") and Willis of Seattle, Inc. (`Broker'�� referrcd to
collecdvely as the"Parties,"enter into the following Agrxment for professional services:
I. Scope: Broker agrees to perform the services more specifically described in the Scope of
Work, including any addenda thereto as of the effective date of this Agreement, attached bereto
as Exhibit A� which is incorporated herein by this reference as if fully set forth. Broker further
represents that the services furnished under this Agreement will be parformed in accordaace with
generally accepted professional pca�cctices in effect at the time suc6 services are performed.
II. Term: The City and Bmker agree that work will begin an Merch 1, 2003. and continue
for a three year period unless ternunated earlier as provided in Section IX.
III. Compeneation:In consideration of the services provided pursuant to this Agreement,the
City shall pay Broker$25.000 for each year that services are provided.
Any and all commissions received by Broker from insurance companies for business
placed on behalf of tbe City will be accounted for, disclosed to the City, and crc�ited W Cit�'s
account within thirty (30) days of their rcceipt by Broker. Broker further agrees t� credit any
excess comcnissions to City within thirty {30) days of their receipt by Broker. The term
"commission" shall not rnean contingent or volume bonuses shared by the iasurance ca�riers or
wholesalers on Broker's overall book of business.
IV. Relattonship of Partiee: Broker is skilled in the matte�addressed in the Scope of Work
and is performing independent functions and responsibilities within its field of expe�tise. Broker
aad its personnel ace independent Brukers and not employees of the City. Broker and its
personnel have no authority to bind the City or to control the City's employees. None of the
benefits provided by the City to its employees. including, but not limited to, compensation,
insurance. and unemployment insurance are available from the City to the employees, agents,
representatives, or sub-contracWrs of the Broker. Broker will be solely and entirely responsible
for its acts and for the acts of Broke�'s agents, employees, and representatives during the
performance of this Agreemen�
As aa independent Bmker, Broker is responsible for its own manage�nt. The City's
administration and enforcement of this Agreement shall not be deemed an exercise of managerial
control over Broker ar its personnel. �
As an independent contractor, Broker is responsible for payment of all taxes and
licensing fees necessary to perforan its obligations under this Agreement 1'hese taxes and fees
include but are not limited to State industrial insurance, B8t0� State pmfessional licensing, and
City bueiness licensing. If any taxes or fees due the City have been declared delinquent,the City
Bremerton/Willis of Seatde,Inc.
Page 1 of 6
r., � �
may withhold the delinquent amount, plus any additionai charges arising from the delinquency.
from any payrnents due Broker.
V. Indemni8catlon: Broker shaU defend, indemnify and hold the City� its officers, ofIlcials,
employees, agents and volunteers harmless from any and all claims� injuries�damages� losses or
suits, iticluding all legal costs and attorney fe�s, arising out of or in connection with the Broker'�
performance of this Agreement,except for that portion of the injuries and damages caused by the
City'�sole negligence.
The City�s inspection or acceptance of any of Broker�work when completed shall not be
grounds to avoid any of these covenants af indemnification.
The provisions of this section shall survive the expiration or termination of this
Agreement.
VI. �neurance: Prior to and during the performaace of the work covered by tlus Agt�eement,
Broker shall provide the Risk Manager for the City of Bremerton with evidence that it has
obtained and maintains in fiill force and effect during the term of this Agrcement� a policy of
pmfesaional liability insurance. and/or errors and omissions insurance, providing coverage of at
least $1,000,000 against professional liability or errors and omissions iu connection with the
work to be performed by Broker under this Agreement Risk Manager shall be provided thirty
(30)days'written aotice of any cancellation of said professional liability insurance.
The City 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.
VII. General Conditions:
A. Reports and lnformation: Broker will maintain the usual written records customary
in the basiness of an insurance broker to include, but not be limited to, records of policies�
premium audits� loss data aad other pertinent cornespondence which affects the coverage
hereunder. These records will be maintaiaed for a minimum of seven (� years subsequent to
February 1.2006.
B. Entire A�c�eement This Agreement and its Exhibits constitutes the entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements, written or
oral,that have not been set forth in the text of this Agreement.
C. 3everabilit� Should any part of this Agr�eeement be found void, t6e balaace of the
Agreement shall remain in full force and effect.
D.Modification: This Agreement may only be modified by written instrument signed by
both Parties.
Bremerton/Willis of Seattle�Inc.
Page 2 of 6
�. �
E.Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below, ualess notified to the contrary. Aay written notice
hereunder shall 6ecoine effective upon the date of mailing by registered or certified mail, and
shall be.deemed sufficiently given if sent to the addressee at the address atated ia this Agreement
or such other address as may be hereafter specified in writing.
Citv Acidress Broker Addresa
Risk Manager Willis of Seattle�Inc.
City of B�+emerton PO Box 34201
239 Fourth Strcet Seattle,WA 98124
Bremerton,WA 98337
F. aiver. Pailure to enforce any provision of ttus Agreement shall not be deemed a
waiver of that provisivn. Waiver of any right or power arising out of this Agreeaient shall not be
deamed waiver of any other right or power.
G. Non-Waiver of Breach: The failure of the City to insist upoa sorict performance of
any of the covenants and agieements contained herein,or to exercise any option herein conferred
in ona or more iastaaces� shall not be construed to be a waiver or relinquishment of said
covenants,agreements or options,and the same shall be and remain in full force and effect
H. Comnliaace with Laws: Broker shall comply with all applicable Federal, State, and
local laws ia perfo�ming its obligations under this Agreemen�
I. Choice of Law and Venue: Thia Agreement shall be interpreted according to the laws
of the State of Washington. Any judicial aation to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
�. Attorneys' Fees: Ia the event of lidgation to enforce any of the terms or pravisions
herein,each party shall pay ail its own costs and attorney's fees.
VIII. Nondiacrlminatlon: Broker 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 for employment actions based on bona fide occupational yualification.
IR. Termination:This Agreement may be terminated, at will.by either Party upon 30 days'
notice to the other Pazty. This Agreement may be immediately terminated for cause by a Party if
the other Party substandally fails to perform through no fault of the terminating Party� and the
non-performing Party does not commence correctioa of the failure of performance withia five
days of the terminating Party's seading notice to the non-performing Party.
A. Ri t�Upon Terminadon: In the event of termination. the City shall pay for all
services performed by the Bmker to t6e effecdve date of terminadon, as described on a fina!
invoice submitted to the City. After termination,the City may take possession of all records and
data within the Broker's possession pertaining to this Agreement which may be used by the City
Bremerton/Willis of Seattle,Inc.
Page 3 of 6
.�, , �
without restriction. Upon termination the City will be entitled to reports showing the status of all
items listed in the Scope of Work ttuough the termination date.
CTfY OF B TON LS O S TTI.E, C.
By: Cary ozeman By: C�is L4• �NGtS77�a�(
its: Mayor i�• �� __
APPROVED AS TO FORM; .
� '
Roger A.Lubovich,City Attorney '
R:1[�GAL1ContractalWilUs of Seaule.dac
Bremerton/Willis of Seattle,Inc.
Page 4 of 6
-�.. ^.
II�IT A
Scope of Work ,
Hroker agrces to provide the City with the following services:
1. Develop and recommend to the City�insurance and other risk 5nancing or loss funding
progratns.contrects,techniques and methods whenever they will benefit the City.
2. Develop underwriting information,prepare specifications for marketing insurance
coverage.structure offerings to insurers aad secure insurance desired,providing an
aaalysis of coveraga scope,cost aad services. Developing underwriting information is to
include an analysis of City's possible exposure to risks of loss. A copy of the
specifications shall be pr�sented to the City.
3. When possible,design insurance policy wording to meet thc specific needs and
requirements of the City.
4. Review each insurance policy,binder,certificate or other insuring document to see that
wording is complete and accurate and that coverage is in compliance with specifications.
Deliver binders and insurance policies to the City as soon as possible.
5. Monitor all insurance and other risk financing or loss funding arrangements to assure
their continuing adequacy in terms of cost and probection.
6. Structure insurance programs to eliminate gaps and overtaps in coverage and to provide
the limits or amounts of coverage requested by the City.
7. Service each policy isaued to the City(i.e.,process chaages and endorsement).
8. issue Cera�ficatea of insurance as requested by City.
9. Maintein the usual written records customary in the business of aa inaurance brokerage
aperation.as well as any other records which the City may deem necessary to the propea
handling of and accounting for the insurance placed by the Broker.
10.Be available for consultation on a daily basis in carrying out the obligations set forth in
ttus Agreement.
11.Verify the accuracy of each invoice. Broker shall make every reasonable effort to assure
that all billiags sent to the City are correct Each invoice shall show:
a. Insurer
b. Policy Number
c. Policy Period
d. Coverage Provided
12.As requested by the City,assist an the development of iasurance and hold hazmless
clauses for City contracts.
13. Assist the City as needed in compiling loss costs; in preparing claims to adjusters;in
negotiatiag settiements;and in pursuing payment.
14.Provide aaswers to City on insurance coverage and risk management questions.
15. Obtain competitive insurance quotatioas from various insurers when feasible.
16.As requested,provide studies of alternative loss funding plans including,but not limited
to,captive feasibility,bonding feasibility,SIR/limits determinadon and retention level
studies,and loss fmquency and severity projections.
17.Attend meetings with City as required.
18.Assist with and make r�commendations on various risk management funcdons of City,as
requested.
Bremerton/Willis of Seattle,Inc.
Psge S of 6
�-, r.
19.Provide City with semi-annual activity reports on the performance of the Brokea function.
These reports shall detail the progress and status of all work required under this
Agreement.
20.Provide early waming of pending rate,coverage or renewal problems,including
significant changes in the financial status of major insure�s. Without limiting the
geneaality of the above-responsibility,Broker shall issue,at least ninety(90)days prior to
each insurance policy expiration or anniversary,a wriuen report stating anticipated
renewal terms and condidons.aad stating any intentions or requirements to change
insurance coverage in any way. Broker shall fiuther keep City informed on new or
chaaging marketa,forms.products,laws,government regulations and any other �
infornnation that may affect the risk managemeat function.as known or should be known
according to industry standards by Broker. Periodic reports will be given thereafter by
the Broke�r to keep the City�s risk managemeat office fully infornned on status of such
renewals or anniversary changes.
21.Act as liaison with insurance companies.
22.Provide annual updating of the City's insurable value.
23.Assist City in the settlement of self-administered claims. This service may include the
monitoring of pacticularly severe claims by the Broker or its claims'service affiliates so
as to provide assistance to City�s Risk Manager in negotiating settlements or establishing
a defense strategy.
24.Assist City in obtaiaing aettlement from the insurance carrier for those loases which are
not self-administered.
25.In consultatioa with the Risk Manager,B�ker will develop specific loss prevention
recommendadona for City governmeat and provide assistance to Risk Manager in
development of loss prevention seminars in selected areas.
26.Broker shsll monitor the loss control services provided by the insurance cazrier or sesvice
company. Hroker further will monitor all inspection reports.
27.Assist the City with environmental loss control services by reviewing projects and
programs and making recommendations for proper respiratory,medical,air monitoring,
substance removal,recordkeeping,and training requirements. Provide project site audits
as necessary.
Bremerton/Willis of Seattle,Inc.
Page6of6
�
�AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
BE�WEEN CITY OF BREMERTON AND WII.LIS OF SEATTLE,INC.
THIS ANIENDIII�NT #1, entered into as of the�day of October, 2005, to the certain
Professional Services Agreement cbmmencing March 1, 2003, between the City of Bremerton
and Willis of Seattle,Inc. for broker services is•based upon the following recital of facts:
1. There is a mutual desire to amend the Agreement to extend the term during wluch
services are to be performed by Willis of S'eattle,Inc.
NOW 'I'SEREFORE, for and in consideration of the mutual agreement contained herein, the
parties do hereby agree:
1. The Agreement is extended finm March 1,2006 to March 1,2008.
i
2. The City of Bremerton shall pay Willis of Seattle,Inc. $25,000 per year, for the services
detailed in Exhibit A of the Professional Services Agreement and rendered during tlus
extension period.
3. Willis of Seattle shall maintain the business records required in Section VII of the
Professional Services Agreement for a minimum of seven (7)yeats subsequent to March .
1,2008.
4. All other terms of the Agreement as ameaded shall remain in full force aad effect.
IN WITNESS THEREOF, the parties hereto have executed this Amendment#1 as of the date
and year first written above.
WII.LIS OF SEATTLE,INC. CITY OF BREMER N
r
B : CARY BO ,Mayor
�t$ � �
:
DATE: t � �� DJ'� DATE: �b�o"�u-�S . .
ATTES :
JO STON,City Clerk
TO FORM:
� ROG$R A.LUBOVICH,City Attorn
R:ILEGAL\Contracts\Willie of Seattle-amend.l.doc
ANIENDMENT TO PROFESSIONAL SE�{VICES AGREEMENT
BETWEEN CITY OF BREMERTON AND WILLIS OF SEATTLE, INC.
THIS AMENDMENT#2, entered into as of the �day of October, 2007,to the certain Professional
Services Agreement commencing March 1,2003,between the City of Bremerton and Willis of Seattle, Inc.for
broker services is based upon the following recital of facts:
1. There is a mutual desire to amend the Agreement to extend the term during which services are to be
performed by Willis of Seattle, Inc. �
NOW THEREFORE,for and in consideration of the mutual agreement contained herein,the parties do
hereby agree:
1. The A�eement is extended frora March 1,2008 to Mazch 1,2010
2. The City of Bremerton shall pay Willis of Seattle,Inc.$25,000 per year,for the services detailed
in Exhibit A of the Professional Services Agceement and rendered during this extension period.
3. Willis of Seattle shall maintain the business records required in Section VII ofthe Professional
Services Agreement for a minimum of seven(7)years subsequent to Mazch 1,2010.
4. All other terms of the Agreement as amended shall remain in full foroe and effect. .
IN WITNESS THEREOF,the parties hereto have executed this Amendment#2 as of the date and
yeat first written ab ve.
WILLIS F �TTLE,INC. C REM
1� �
gy; /� _� . CA.RY B MAN,MAYOR
Its: � �/<<-
DATE: � v '� DATE: !
A'I"I'EST:
� City Clerk
APP S TO F RM:
. � ��R
R UBOVICH,City Attorney
� , .
AMENDMENT NO.3 TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF BREMERTON AND WII.LIS OF SEATIZE,INC.
THIS AIVIENDMENT Number 3, entered into as of the 28th day of February 2010,to the certain
Professional Services Agreement commencing March 1, 2003, between the City of Bremerton
and Willis of Seattle,Inc.for broker services is based upon the following recital of facts:
1. The current pmfessional services contract expires on March 1,2010 and there is a mutual
desire to amend the Agreement to extend the tetm during wlrich xrvices are to be
performed by Willis of Seattle,Inc.
NOW THEREFORE, for and 'm consideradon of the mutual agreement contained herein, the
garties do hereby agree:
1. The term of the Professional Services Agreement is extended to Ndarch 1,2012.
2. The City of Bremerton shall pay Willis of Seattle,Inc. $25,000 per year, for the sen►ices
detailed in Exhibit A of the Professional Services AgTeement and rendered during this
extension period.
3. Willis of Seattle shall maintain the business records required in Section VII of the
Pmfessional Services Agreement for a minimum of seven(�years subsequent to March
1,2012. .
^ 4. All other terms of the Agieement es amended shall recnain ia full force and e�eck
IN WITNESS T'HEREOF, the parties hereto have executed tlus Amendment Number 2 as of
the date and year first written above.
WII.LIS OF SEATTLE,INC. CITY OF BREMERTON
By: Rod Loone PATTY LE , yor
Its: ManagingPartner
DATE: Febn�ar�►25.2010 DATE: 3- �- /U
ATTEST:
. _
CAROL TGEN,Ci Clerk
� APP AS TO FORM:
R ER A.LUBOVICH,City Attorney ,
R:�l.egaALegallCont�actsW SK11A911is of Sesttle-amend3.doc
AMENDMENT NO.4 TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF BREMERTON AND WILLIS OF 3EATTLE,IIVC.
THIS AMENDMENT Number 4,entered tnto as of the�day of Februaty 2012,to the certain
Professional Services Agreement commenc�ng March 1, 2003, between the Crty of Bremerton
and Willis of Seattle,Inc for brolcer services�s based upon the followmg recrtal of facts
1 The current professional services contract expues on Merch 1,2012 and there�s a mutval
desu�e to amend the Agreement to extend the teim dimng wluch sernces are to be
performed by Willis of Seattle,Inc
NOW THEREFORE, for and in considerat�on of the mutual agreement contained herem, the
parttes do hereby agree
1 The term of the Professional Services Agreement is extended to March 1,2014
2 The City of Bremerton shall pay W�ll�s of Seattle, Inc $25,000 per year, for the sernces
deteiled m Extubrt A of the Professional Sernces Agreement and rendered during this
extension penod
3 Willis of Seattle shall mauitam the busmess r�ords reqwred m Sechon VII of the
Professional Services Agreement for a mmunum of seven(7)years subsequent to March
1,2014
4 All other tem�s of the Agreement as amended shall remain m full force and effect
IN WI'g'NESS THEREOF, the parhes hereto have executed tlus Amendment Number 4 as of
the date and year first wntten above
WILI.IS OF SEAT"I'I.E,INC. CITY OF BREMERTON
O �
�
By Rod Loone PATTY ,May
Its Managn�Partner
DATE Februarv 2.2012 DATE �Z r ��� �l z
T
.
ON CORIN,Intenm ity Clerk
APPROVED AS TO FORM
�
R ER A L OVICH,City Attorcr�y`�r
R 1Lega111xga11ContcactslliiSK\Will�s of Seattle-amrnd 4 doc
AMENDARENT NO.5 TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF BREMERTON AND WII.LIS OF SEAT"I'LE,INC.
THIS AMENDMENT Number 5,entered u►to as of the�' day of February 2014,to the certain
Professional Services Agreement commenc�ng March l, 2003, between the C�ty of Bremerton
and Will�s of Seattle,Inc for broker services�s based upon the following recitel of facts
1 The current profess�onal services contract expues on March 1,2014 and there is a mutual
desire to amend the Agreement to extend the term dunng wlnch sernces are to be
perFormed by Will�s of Seattle,Inc
NOW THEREFORE, for and ui considerahon of the mutual agreement contamed herein, the
parhes do hereby agi�ee
1 The term of the Professional Services Agreement ia extended to March 1,2016
2 The City of Bremerton shall pay Willis of Seattle, Inc $25,000 per year,for the services .
detailed m Exhibit A of the Professionat Sernces Agreement and rendered dunng this
extension penod
3 W�lus of Seattle shall maintain the business records required m Sechon VII of the
Professional Services Agreement for a irununum of seven(�years subsequent to March
1,2016
4 All other terms of the Agreement as amended shall remain in full force end eflFect
IN WITNESS THEREOF, the parhes hereto have executed this Amendment Number 5 as of
the date and year first wntten above
WILLYS OF SEATTLE,INC. CITY OF BREIVIERTON
By Rod e PA ,Mayor
Its Managins�Partner
DATE February 6.2014 DAT'E 0z- ��� �g
ST
ON CORIN, i Clerk
APPROVED AS TO FORM
RO ER A LUB CH,City Attorney
R V.egaN.egallConVects�RISK\Will�s of Seattle-amend S da
AGENDA BILL F
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Ordinance No. 5295 amending Study Session Date: January 27, 2016
BMC 2.62.040 entitled "Judges Pro COUNCIL MEETING Date: February 3, 2016
Tempore, Court Commissioners — Municipal Department: Municipal Court
Court Hearing Examiner" Presenter: Dawn Nelson
Phone: (360) 473-5242
SUMMARY: The proposed ordinance amends Section 2.62.040 of the Bremerton Municipal Code
relating to the salaries of Judges Pro Tempore and Court Commissioners.
ATTACHMENTS: Ordinance No. 5295
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: o No Presentation ❑ Full Presentation
STUDY SESSION ACTION: o Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION: Move to pass Ordinance No. 5295 amending Section 2.62.040 of the
Bremerton Municipal Code entitled "Judges Pro Tempore, Court Commissioners— Municipal Court
Hearing Examiner"
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/07/15
ORDINANCE NO. 5o�q5
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Section 2.62.040 of the
Bremerton Municipal Code entitled "Judges Pro Tempore, Court
Commissioners—Municipal Court Hearing Examiner."
WHEREAS, the City Council desires to amend provisions of Section 2.62.040 of
the Bremerton Municipal Code relating to the salaries of judges pro tempore and court
commissioners;NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION l. Section 2.62.040 of the Bremerton Municipal Code entitled
"Judges Pro Tempore, Court Commissioners—Municipal Court Hearing Examiner" is hereby
amended to read as follows:
2.62.040 JUDGES PRO TEMPORE,COURT COMMISSIONERS -
MUNICIPAL COURT HEARING EXAMINER.
Pursuant to RCW 3.50.090 the presiding municipal court judge may designate one or
more persons as judges pro tempore to serve in the absence or disability of the elected or duly
appointed judge of the court or in addition to the elected or duly appointed judge when
administration of justice and the accomplishment of the work of the court make it necessary. The
qualifications of a judge pro tempore shall be the same as for judges as provided under RCW
3.50.040 except that a judge pro tempore need not be a resident of the city or county in which the
municipal court is located. A judge pro tempore of Bremerton Municipal Court shall receive a
salary for each hour in which the judge pro tem serves at a rate equivalent to�e�y-ei t
percent(s1A80%)of the hourly salary of the Bremerton Municipal Court Judge, or$63.41 per
hour, whichever is higher. The municipal court judge may appoint one or more court
commissioners under RCW 3.50.075. An appointed commissioner of Bremerton Municipal
Court shall receive a salarv for each hour in which the commissioner serves at a rate eQuivalent
to ninetYpercent(90%)of the hourlv salarv of the Bremerton Municinal Court Jud�e.
To utilize the services of judicial officers of the court for the purpose of hearing contested
matters relating to the interest of the City and its citizens and the operation of various
departments of the City, the municipal court hearing examiner is created in the municipal court.
SECTION 2. Severabilitv. 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.
1
Judges Pro Tempore& Court Commissioners
PASSED by the City Council the day of , 2016
ERIC YOUNGER, Council President
Approved this day of , 2016
PATTY LENT, Mayor
ATTEST: APPROVED AS TO FORM:
SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of , 2016
EFFECTNE the day of , 2016
ORDINANCE NO.
R:�I,egalU.egal\Ordinances\Legal\BMC 2.62.040 Salanes.docx
2
Judges Pro Tempore& Court Commissioners
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Amendment No. 2 to Study Session Date: January 27, 2016
Interlocal Agreement KC-339-06 with COUNCIL MEETING Date: February 3, 2016
Kitsap County for Public Access Department: Finance
Television Funding Presenter: Char Burnette
Phone: (360) 473-5011
SUMMARY: Kitsap County provides Public, Education and Government (PEG) Funding annually to
BKAT to support Capital purchases. This is a five (5) year contract extension covering 2016 —
2020.
ATTACHMENTS: KC-339-06B
Addendum A
KC-339-06 and 06 A
FISCAL IMPACTS (Include Budgeted Amount): $171,300.00
STUDY SESSION AGENDA: o No Presentation ❑ FuIlPresentation
STUDY SESSION ACTION: o ConsentAgenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve Amendment KC-339-06B to Interlocal Agreement with Kitsap County for Public
Access Television Funding and authorize the Mayor to finalize and execute the agreementwith
substantially the same terms and conditions as presented.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/07/15
Revision 2015-09-10
KC-339-06 B
AMENDMENT NO.2 TO INTERLOCAL AGREEMENT FOR PUBLIC ACCESS
TELEVISION FUNDING
This INTERLOCAL AGREEMENT AMENDMENT(Amendment) is made by and
between KITSAP COiJNTY, a municipal corporation, with its principal offices at 619 Division
Street, Port Orchard, Washington 98366, (COUNTY), and the City of Bremerton, a municipal
corporation with its principal offices at 345 6th Street, Bremerton, Washington 98337,(City).
In consideration of the mutual benefits and covenants contained herein,the parties agree
that their Agreement, number as Kitsap County Contract No.KC-339- 06, executed on August 2,
2006, and its amendment,numbered as Kitsap County Contract No. KC-339-06 A, executed on
May 6, 2011, shall be amended asfollows:
1. Section 10. Annual Reports shall be amended to include the following:
H. Annual report identifying all capital investrnent funding support from PEG fees
and support contracts for Bremerton Kitsap Access Television(BKAT).
2. Section 12. Fundin�shall be replaced to read in its entirety as follows: .
The County shall pay to the City$171,300 from fees by the cable companies to
support public, education, and government access channels(PEG Fees) forthe
purchase of capital equipment. The City shall spend funds received from the
County pursuant to this Agreement for equipment based on Addendum A, BKAT
Capital Equipment Funding Plan, attached to this Amendment No. 2. Payment
will be made by the County to the City as follows: $40,100 by Apri12016;
$40,000 by Apri12017; $36,600 by Apri12018; $34,600 by Apri12019;and a final
payment of$20,000 by Apri12020.
3. Section 13. Term of A�reement shall be amended to reflect the following:
The stated term is extended through December 31,2020.
4. Except as expressly provided in this Amendment, all other terms and conditions of the
original Agreement, and subsequent amendments,addenda or modifications thereto, remain
in full force and effect.
This amendment shall be effective upon execution by theparties.
DATED this day of , DATED this day of ,
2015 2015
CITY OF BREMERTON BOARD OF COUNTY
COMMISSIONERS KITSAP COUNTY,
WASHINGTON
PATTY LENT,Mayor ROBERT GELD�R,Chair
APPROVED AS TO FORM: EDWARD E.WOLFE,Commissioner
City Attorney CHAItLOTTE GARRIDO,Commissioner
ATTEST:
Dana Daniels, Clerk of the Board
Addendum A
2016-2020 Capital Equlpment Funding Plan
2016 2017
Go Pro Bundle $ 80D.00 Studio Upgrade
3 Go Pro Cameras $ 1,200.00 3 HD camera bodies $ 25,000.00
3 Camera Remote Control Units $ 15,000.00
� Portable Studfo $ 25,000.00
, (Visual Presenter,Cameras,
Swftcher,Camera CoMrols,
Monitors,Tripods,
Wireless Mia,Travel Cases)
Teleprompters for Studio $ 3,000.00 �
Prompter software $ 500.00
, lab Vault HD $ 5,000.00
(2)Cameres for Public $ 4,600.00
Total $ 40,100.00 Total $ 40,000.00
2018 2019
� 3 Field Cameras $ 12,000.00 Transmitter/Reclevers $ 21,000.00
3 wireless mic kits $ 1,800.00 for cable digital upgrade
. 3 tripods/heads $ 10,000.00 Tape 5to�age System $ 9,000.00
' Misc batteries,cables $ 5,000.00 '
Edit Compute�s $ 6,000.00
Edit Sokware Subsciption $ 1,800.00
(2)Cameras for Public $ 4,600.00
Total $ 36,600.00 Total $ 34,600.00
2020
Playback System Upgrade $ 20,000.00
(Controller,Hard drive
replacement,streamer,
encoder/decoder)
Tota) $20,000.00
e
1
�
, �
� Revrsron 20a0-09-02
' KC�39-06 A
� . CONTRACT AMENDMENT
This CONTRACT AMENDMENT is made and en�ered ir�to belween faTSAP
� COUMY� a murncipal corporabon,w�th�ts pnnc�pal affic�s at 614 Drnsion Street, Port
Orc,haN�Washmgbon 98366, her�emafter°COUMY", and City of Bremerton.hereinaf�er
"CONTRACTOR��
In considerafion of the mutuai beneftts and covenants�r�ned herem,the
parhes agree that their Contract, numbered as Krtsap County Contr�ct No K�
and executed on 08/a2/20DB,shell be amended as ioUows
� 1 Sectlon 1S. Tirm of AgreemeM shall be amended�read as follows
The I�gr+eemeM shall be fw a penod of five(�years commencmg January
1.2011 and fiertrnnafing Deoember 31, 2015
2 Section 12. Funding shall be amended to read m�s enfirety as follows
The Caunty shail pay fio the C�ty$189�000 irom fees by tl�e cable
; c:omparnes to support pubfic, educ�fionat�and govemment acx:ess
ci�nnels(PEG t�ees)�or 1he purchase oi capital equipment The Cny shail
spend funds recenred from the County pursuant to this�reement for
faalfi�and equipme�based on the a�ttached Addendum A BKAT
Cap�l Equipment Fundtng Plan Based on Addendum A, payment
should be made by the CouMy to the C�iy as follaws $22,000 by Apnl
30�'of 2091. $17,000 by Apnl 30�'2012, $38,000 by Apnl 30'"2013,
$46�000 by Apnl 30�'2014 and a final payment of$46�OD0 by Apnl 30°i
2015
3 Exc�pt as e�ressiy prowded in this Contrad AmendmeM, all other terms
and corrdfions of the onginal Cor�tract, and any subsequerrt amendments.
addenda or modifications thereto� remam m full foroe and ef6ect
i
i �
, �
�,
Thi�amendment shall be effecbve u�n execu4on by the parbes
�
DATED this,_day .201'I DATED thisrl da � 2011 �
1�*�
CITY OF BREMERTON KITSAP COUiV1Y
� BO OF COMMISSI NERS
Pariy Lent, Mayor Gam � hair
APPROVED AS TO FORM: G r om��on��
��
, , ,
� Cdy Atbomey Josh wn�Commiss�oner
i
� ATTEST:
�
; Dana Darnels� Clerlc of the Board
,
o� G 0 M��s
; �Q �.�PTE ��s�o .,
o •'m
�
� �� �'�
��sqh►rNG'����
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I
�
�
.. .
,
This amendment shall be effecbve upon execubon by the parbes
; DATED this b�dey /17A � 2011 DATED this_day .2011
�
CITY OF BREMERTON KRSAP COUNTY
BOARD OF COMMI8SIONER3
' Patiy Le ayor Chatlotte Gamdo. Chatr
� PR� TO FORAA: Robert Gelder,Commissioner
C Attomey Josh Brown�Commissioner
, ATTEST:
, Dane Dan�els� Clerk of the Board
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INTERLOCAL AGREEMENT HETWEEN KITSAp CpUNTy,�ND THE CTTY OF
SREMERTON FOR PUBLIC ACCESS TELEVISIp11T FUNDIIIJG
KG339-06 •
� This ag�eement is made and executed by and between Kitsap County(hereinaf�er referred to as
the"Count�and the City of Bremerton,a municipal corporation(hereinafter refetred to as the
"Cii}��which agrees as follows:
- WHEREAS,the County and City each have the authority and responsibility to issue and
oversee cable television franchise agreements; ' �
WHEREAS,Federal law allows cable television frsnchise authorides to require channel
capacity for publideducarion/government pmgrartuning access;and '
• WHEREAS,tha City and County cable television fianchises provide that certain
payments shall be made by the franchisees to support the publiq educational,and government
access channels(PEG fees);and � •
� VNHEREAS,the County and City have previously executed agree.�nents,which �
established the City of Bremerton as the entity responsible for the management and operation of '
the public%ducadon/government access channel and community access center for video
• productions through Hremerton Kitsap Access Television(hereinafter refen�ed to as"BKAT'�;
and
WHEREAS,the Funding Agreement by and between the County and City related to
BKAT-executed on January l 1; 1999,and as subsequently ainended and extended—hes now
expired and is in need of replacement;and
WHEREAS,public access television serves a base neerl for public,education,and
governrnental programming in the City of Bremerton and throughout Kitsap County;end
� WI-IEREAS,the County and City have determined that they will provide support for �
pubiic,educallon,and govemment access television through the dedication of certain PEG fees;
NOW THEREFORE in consideration of the mutual cavenant contained here in, it is hereby
agreed as follows:
SecNon l.Definitlons. For the purposes of this Agreement,the following words,terms,phrases,
and their derivations shall hsve the meanings given herein.
Access Channel or Pubtic, Educational,or Governmental Access(PEG)Channel means
any channel or portion of a channel utilized for non-commercial programming where any
member of the generai public or any organization may be a user.
Bremerton Kitsap Access Televls�on(BKAT)means the program,facilities and services �
provided by the City under this funding agr�ecnent. �
C6annel means a portion of the digital or electromagrietic fr�quency spectrum which is us�
. in a cable system and which is capable of delivering a television chennel. �
Franchise or FrancLise Agreement means all franchise agreaments with cable companies,
including all referenced material,adopted in the appropriate manner by the City of Bremerton
and Kit�ap County.. •
User means any persoq organization,institution,business,or group of persons represenring
' such organization or business who use services or resource.9 provided by BKAT or provide
� ' programming for cablecast on the acxess channels.
; Section 2.Scone of Servlces. In exchange for the funding provided by the County to the City,
pursuant to this agreement,City shall manage the following acxess services.
A. Operate the Acceas C6anneis—Public,Education,and Governmen� Opetate the public,
• educational,and government access channel(s)provided by cable companies to the County
for community access progremming purposes in a manner which is in compliance with '
applicable laws,rules,regulations and City and County franchise ordinances,with the
; primary purpose beinig to administer,coordinate and assist those requesting access ott a non-
. discriminatory basis. • '
�I B. Operate.a Community Access Center. Manage a video producdon facility and equipment
I which shall be available for public use at such hours end times as are detemuned by the City.
I Access to equipment and facilities shall be open to all those who satisfactorily complete
trainir�g class(es)provided by BKAT or who receive a cedification from BKAT,identifying
said user(s)as having satisfied trairung requirements through means other than BKAT
training clesses. . • �
C. Provide Equal Access. Provide access to the use of the equipment, facilities,channels,and
services pmvided hereunder on a non-discriminatory basis to all members of the community
for non-commercial programming purpos�s,whcther individuals,groups,or organizations on
a first-come,first-served non-discriminatory basis,pwsuant to operating rules promulgated
by Btcp►T. �
D. Establish and Maintsin Operadng Poltcies and Procedure. Develop policies and
guidelines for use and operation of the access equipment,facilities,channel(s)and file such .
policies,procedures,and rules�with the City and County.
E. Maintenance of Equipment. Provide regular maintenance and repair of all video equipment
purchased with rnonies received pursuant to this Agreement.
' F. Promotloa Actively promote the use and benefit of the public,educationel,end govelnment
access channel(s)and facilities to cable subscribers,the,public,access users,and the cable .
companies. � .
G. Traiaing. �ain interested residents ia the techniques of video prodncti�n and provide
technical advice in the execution of productions when requested.
H. Other Activldee. Based upon available funding,undertake other public,eflucational,and
government access programming activities and services as deemed appropriate by the City
and consistent with the obligation to facilitate and promote access programming and provide
non-discriminatory access.
I. Technical Standards, BKAT shall develop technical standards as e part of its operating
rule.s and procedures. A decision, if any,to not cablecast a program due to technical
problems shall in no way involve consideration of the actual content of the program itself.
The City or County will not be held responsible for technical problems under control of the -
cable system.
� . J. Charges for PEG Accesa Facllitles,Eqaipmen�Training,or Cablecast TUne. The '
purpose of PEG access is to allow members of the community within the Service Area to •
commuticate their activities,.opinions,and ideas without interference or esnsorship.
However,the City may find it necessary to charge a fee for use of facilities,equipment,
cablecast time,or training. These fees will be limited to that which is necessary to cover
operating costs of providing those services and facility use including a provision for
administrative and overhead costs. Such fees shall not be used to interfere with or censor a
user who seeks to produce PEC�access programming. The City will also establish a pmc.ess
to enable individuals without sufficient funds to use equipment,facilities,cablecast time,or
to receive training.
K Emergenctes/Disasters. Access shall be provided to the broadcast facility for City and
, County broadcasting of public infonnation during periods of local disasters and public
emergencies.
L. Public Servtce Notices. Provide equal access to County subscribers who are affiliated with
government,education.or nonprofit organizations,to post public service announcements
using a character generator. �
Section 3.Channels Ooen to Public The City agrees to keep the access channel(s)open to all
potential users,subject to FCC regulations,the Cable Communication Policy Act of 1992,and other
relevant laws. Neither the City,County,nor the cable company(s),shall have the authority to control
the content of programming placed on the public access channel(s)so long as such programming is
lawful. Provided that,nothing herein shall prevent the City,County or cable company(s)from
producing or sponsoring programming,prevent the City, County,or cable company(s)from
underwriting programming,or prevent the City,County or cable company(s)firom engeging in
activities designed to promote producrion of certain types of programming or use by targeted�oups
as consistent with applicable law and tules for use of channels. BKAT may promulgate and enfocce
policies and procedures which are designed to promote local use of the channel(s)end make the
. programming accessible to the viewing public,consistent with such time,manner, aad place �
regulations as are appropriate. �
� Section 4.Coovri¢ht Clearance. Before cable casting video transmissions,the City shall require
all users to agree in writing that they shall make all appropriate arrangements to obtain all rights to
sll material cablecast and clearances from broadcast stations,networks,sponsars,music licensing
organizations representative and without limitation from the foregoing,any and all other persons as
may be necessary to transmit p�ogram material over BKAT authorized chsnnels unless such �
clearance is otherwise provided by the cable company(s). The City shall maiatain for the County
inspection,upon reasonable notice and for the term required putsuant to applicable records retention
laws,oopies of all such user agreements,
Section 5.Couvrieht and Ownershlo. The City and County shall own the copyright of any
programs which they may choose from time to time to produce. Copyright of programming
pmd�ced by the public shall be held by such person(s)who pmduces said programming.
Sectlon 6.Dlstribatlon Rishts. The City shall require that all programs produced with funds,
equipment,facilities,or staff granted under this AgreeQ�ent shall be distributed on the PEG channels.
This Section shell not be interpreted to restrict other distribution,so long as such distribuNon is
, c�nsistent with the rules•and procedures governing such which shall be promulgated by BKAT and
filed with the City and County. �
� Secdoa 7.Eauioment and Facilities.
A. The City shall be r�ponsible for maintenance of all equipment owned,leased or loaned to it
under this Agreement or porchased with funds provided pursuant to this Agreemen�
B. The City and Caunty each shall own all equipm�t acquired directly by each entity prior to
this Agreement and furnished to BKAT for the purposes of providing public,educallonal,and
• government access channel(s). All other property acquired prior to the effective date of this
Agreement shail be the propetty of the City. Equipment or facilities purchased with funds
received pursuant to tlus Ag�eement shall become the property of the City and County upon
termination or non-reaewal of this Agreement proportionate to their share of revenues �
contributed pursuant to this Agreement.
_ C. The County agrees to continue pmviding the facilities at?266 Tibardis Rd.NW,Bremerton
Washington for the use of BKAT�or public access purposes during the term of tlus
agreement unless the City provides one hundred eighty(180)day advance written notice of
the intent to no longer use those facilities for BKAT purposes except for health o�safety
reasons. UNlities for the 7266 Tibardis Rd.NW, Bremerton Washington building will be
paid as follows: The County will provide(pay)electricity,security alarm system, sewer,and
• water. The County will perform routine maintenance on the building,grounds,and the
parking lo� Thc City is responsible for garbage and telephone.
� __
Sectlon S.Non-discrtmination tn Emolovment and Service. �
A. The City sha11 not discriminate agaiast any person,employee or applicant for employment or
subcontractor on the basis of race,c�lor,creed,religion,sex,marital status,an ar�cestry,
� national origin or physical or mental handicap.
; B. The City shell not discriminate in the delivery of services on the basis of race,color,creed,
; ieligion,sex,marital status,aa ancestiy,national origin or physical or mental handicap. •
SecNon 9.Asalenment and Sublettlne Neither tlris Agreement nor any interest herein shall be �
essigned or tYansfened by either party.
.
Sectton 10.Annual Reaurts. Prior to March 15 of each year,the City shall submit to the County
the following information:
, A. Statisrics on programming and services provided in the preceding year(January 1 —
D�ber 31). �
B. Cuirent and complete listing of Public Access Advisory Committee members. �
C. Cw�rent and complete schedule of rates and charges for PEG access related activities.
D. A summary of formal user and viewer complaints or comments along with BKAT responses
from the preceding year(January 1 —December 3l).
E. A copy of the City's adopted budget and supporting schedules for BKAT for the curr�nt year.
F. Unaudited financial reports for BKAT for the preceding year(January 1 —December 3().
G. Network status report describing service intenuptions;duration of outages,and cable
com an onse and fo
P Y�P llow-up.
Sectioa 11.Recorda. ,
A. The City shall maintain all necessary books and reeords,in accordance with generally
accepted accounting principles and applicable records retention laws.
B. The City will maintain adequate records and informadon to dcmonstrate that funds received
� from the County pursuant to this Agreement are used for capital expenditures or debt service
payments on debt issued to pay for capital expenditures.
' C. The City shall provide a quarterly budget status report available online at the City website or � .
in the absence of an online report being available the City will provide suah report directly to
• the County. • '
Secdon 1Z.Fuading.
A. The County shall pay to the City$163,500 from fees provided by the cable companies to
support public,educational,and govecnment access channels(PEQ fees)for the purchase of
. cepital equipment The City sl�jall spend funds received from the County pursuaat to this
Agreement for facilities and eyuipment based on attached Addendum A:BKAT Capital
� Equipment Funding Plan.Based on Addendum A,payment should be msde by the County to '
- the City as follows:$86,500 for the first two years of cagital improvements upon execution .
of this agrea�nent.$44,000 in January 2009 for 2009 capital improvements and$33,000 in
January 2010 for 20l 0 capital impmvements.
Section 13.Term of A�reemen� The Agreement shall be for a period of five(5)years aommencing
January 1,2006 and terminating December 31,2010.
� Secdon 14.Tern�aation of Agreement
A. The County or City shall have the right upoa one hundred eighty(180)days written notice to
the other party to terminate this Agreement without cause.
Section 15.Severabillri. In the event any pmvision in this Agreernent is deemed unconstitutional,
illegal,or void as a matter of law,the parties agree that all of the provisions of this Agrcement that
are not affected by such occun�ence,shall constitute a full and complete Agreement between the
' parties.
� SecHon 16.Indemnlfv and Hold Hsrmless. The County and City shall each indemnify,defend, �
and hold the other harmless from and against any and all claims,suits,actions,causes of action,
� losses,damage,or liabilities arising or resulting from any alleged negligent or intentional acts or
omissions arising out of the performance or non performance of their respective responsibilities as
set out in this agreement.
. Section 17.Nodces. All notices and other communications to be given by either party may be given
in writing addressed to the appropriate party as follows:
Director of Financial Services
City of Bremerton
345 6`�Street,Suite 600 �
Bremerton,Washington 98337 .
Depaitment of Inforcnation Services Director
Kitsap County
614 Division Street MS-2l
Port Orchard,Washington 98366
" Section 18.Pabl�c Accesa Cidzene Advisorv Comumit�a�. Tha Mayor of Bremerton,with �'
confumatton of the Bremerton City Council,and the County Commissionars shell appoint the Public
Access Citizens Advisory Committee composed of nine members pwrsuaat to Chapter 2.100 of the
Brannerton Municipal Code ss follows: .
�
Ci Coun
Gove,rnmeat StaffR re.gentatives 1 �
� User R entetivas 1 1
. Communi R entatives 2 2
', Youth R reseatative Joint A intment 1
19.Endre em n� Tlus Ag�eament is the entire agreement of the parties and
supersedes all prior negotiatiuns and agreetneats y�rhether writte�or�.�p�.��t may be
� amend�only by written agreement.
Dated this 1� day of So.o�ew.loe� ,2006.
.
CITY R ERT �� . � ' '
, . ,
• .*. �. .
; CARY BOZE � " .
, . aj+or .
r� ' • ., •ia��" .. , . .
D AS �FORIVI: ��,. . ..����.
� oger . ubovich,City Attorney _
, Dated this A�d�, day of August,2006. � ,
BOARD OF COUNTY COMIVIISSIONERS '
� KITSAP COUNTY WASHIlVGTON
� Jan ,Chair .
Patty Lent, 'ssioner •
s Endr•esen,Commissioner .
ATTEST;
' ' OF�c����5
TF ••.
�,�.... � ,/�-.-_. ,�-sn �4:'c��P �,�:s�� �
� Opal Robertson q; • :x
Clerk of the Board �: �► :� .
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� , . '
ADDENDUM A: BKAT CAPITAL EQUIPMENT FUNDING PLAN
, ' Requested County
Item/Descriution 2006 • Funded
Replace Studlo Cameras(2).tripods, � $ 40�000.00 $ 30,000.00
DoAles, remofie controllers,cabies
And switcher.
Playback System additions .
Replace/add 4 tape and/or dvd decks 4�$1,800 $ 8�000.00 $ 5�000.00
� . TOTAL $. 48�000.00 $ 35,000.00
i . � �
� Requested County
ItemlDescription 2007 Funded
The Clty of Bremerton's PEG fees fqr Capital will kick in after fhelr franchise Js�inalized in 2007.
Micraphone Replacement—for public $ 10,000.00 $ 5,000.00
And govemment use. 20 lavaliere mfcs,
10 Handhelds w/windscreens, 5 wireless - � �
Lavaliere for siudio, 1 ahotgunlboom mic
s
Truck Equlpment re-furbishing $ 5,000.00 � $ 5�000.00
= Contfnued upgrading of truck equipment �
� Tsleprompter for studio $ 4,000.00 $ 4,000.00
Assists"talenC w/script . •
Cameras for Public $ 7,000.00 --
(3)AG DVC 7 w/cases and Vi-pods
Public can bonvw these cameras
for their productions
Edit stations(public)to be compatible $ 2,250.00 --
with new qmeras,w/scanner and
extemal hard drives. �
Sof�ware for staff and Publlc � $ 2,200.00 $ 1,500.00
(music library, background ,
Screens,weather service info) �
.
, Playi�ack system addttions • $ 16,000.00 $ 16,000.00
, Add Web streaming,this will upgrade the ' .
Channel(s) � . '
Camera Replacement—government use $ 10.000.00 $ 10,000.00
' SONY—2(staff wlll use these for �
govemment p�vduc�ons
Misc:Govemment and Public $ 22�000.00 $ 10�000.00
Edit soflware,laptops, cameras(2)and
tripods � �
� TOTAL $ 78�450.00 $ .51,500.00
�
_ Requss�ed County
ItemlDescriotion 2008 Funded
Purchase"Sprinter Van°and install equipment $ 100,000.00 — .
This would reptace the BKAT truck. .
, It is more compact and eflicient It is a moblle
Director space and wfil haul cameras and other
� Equipment. The equlpment that would be Installed
� In the van would be taken fmm the truc�C. .
Misc �
Assorted items for the new van that are not competlble $ 3,000.00 —
From the truck conve�sion.
TOTAL $ 103�000.00 $ .
Requested � County
Item/Descriution 2009 Funded
Sprinter Van equipmenf � '
Upgredes to the new van for moblle productions $ 25,000.00 � —
Robotic system;cameras(3)switcher and recorder.• $ 23,000.00 $ 23�000.00
This allows 1 person to do a field shoot • -
,(�ovemment�mee�ngs in various locations) '
lt is easy to transport,set up and operate. . �
Office fumiture;desks ,chairs,for public use $ 10,000.00 —.-
Web st�amtng equipmeM � $ 16�000.00 $ 16,000.00
Continued addition of equipment for cfizens to . '
Access p�ograms for the BKAT Ilbrary
SatelOte install $ 17,000.00 —
To be used for uplink and downlink. BKAT could access
Programs for the channels. The BKAT studio could be �
used for teleconferencing, etc.
Mlsc. � . $ 10,000.00 $ 5,000.00
To be used if extra funds are needed •
for any of the above equipment
TOTAL $ 101�000.00 $ 44,000.00
.
. �
� Requested County
ItemlDescriotion 201Q Funded
Computers for staff(4),wlprinters aa�d faptoPs $ 25�000.00 $ 15,000.00
Cameras for`Publtc(3j . $ 9,000.00
This wiil be new technology to heplace the cameras
Purchased ln 07.
Edit stations(public)to be compaUble $ 4,000.00
with nsw cameras�w/scanner and extemal hard drives
Software(music library�background screens� $ 3,000.00 $ 2,000,00
To stay current with technology)
Web streaming squipmarrt $ 26,000.00
Continued add�ion of equipment for ci�zens to
Aacess programs for the BKAT library
; Camera Replacement—government use $ 12,000.00 $ 6.000.00
Replace cameras purchased in 07 to keep current
; With technology
Misc To be used if extra funds are needed $ 20,000.00 $ 10�000.00
fo�any of the above equipment '
TOTAL $ 99,000.00 $ 33,000.00
; . . :,..-,� „ -.. � • . . . . • . . . � . ,
Grand
Total $ 429,450.00 $ 163,500.00
AGENDA BILL H
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Professional Services Study Session Date: January 27, 2016
Agreement with City of Poulsbo for BKAT COUNCIL MEETING Date: February 3, 2016
Services Department: Finance
Presenter: Char Burnette
Phone: (360) 473-5011
SUMMARY: BKAT has had a Service Contract with the City of Poulsbo since 2006. The current
Contract expired at the end of 2015. This is a new 10 year contract.
ATTACHMENTS: Service Contract—City of Poulsbo
FISCAL IMPACTS (Include Budgeted Amount): $21,319.00 for 2016. This amount is increased by
CPI annually.
STUDY SESSION AGENDA: �x No Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the Professional Services Agreement between the City of Bremerton and The City
of Poulsbo; 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 01/07/15
BREMERTON KITSAP ACCESS TELEVISION
SERVICE CONTRACT
CITY OF POULSBO
The City of Bremerton (hereinafter referred to as "Bremerton�') and the City of Poulsbo
(hereinafter referred to as Poulsbo), referred to collectively as the "Parties,"enter into the
following agreement on this day of 2016:
Section 1. Scope of Services. Bremerton, through Bremerton Kitsap Access Television
(hereinafter referred to as BKAT), shall provide governmental access television services,
including but not limited to, video production and program scheduling related to Poulsbo's
commitments as outlined in this agreement. BKAT shall provide technical support, consultation;
pre-production and post-production services; properly trained staff including a videographer for
field assignments. BKAT shall provide a dvd copy as long as dvd recordings are used in the
proceedings or events within the Poulsbo Chamber AV Room. BKAT shall also provide
coordination of programming hours and studio time. BKAT's specified numbers of service
commitments covered by this agreement are herein established
. .. _ .._ _ .
Cit of Poulsbo Commitments
Number per Estimated Time
Descri tion Location Schedule Year er Event
City Council City Council First,Second and
Meetings Chambers Third Wednesdays
6-lOpm 36 4 hours
Various locations
Extra City Meetings As requested 2 3-12 hours*
or special programs �
requested by the City
*indicates recording and edit time
Poulsbo shall retain control over program content and designate one person to authorize and
schedule programs produced under this agreement. BKAT shall provide production and
playback of regularly scheduled City Council meetings. Production requests by Poulsbo beyond
the scope of this Agreement will be taken on a per production basis. Fees for these services are
separate from this Agreement and shall be determined by the applicable rate structure as
published by BKAT. Production schedules and timelines for services beyond the scope of this
Agreement shall be deternuned by the Parties at the time of request. Poulsbo shall have total
control over content of special productions.
BKAT will work with Poulsbo to establish regular, consistent playback times for programs
produced under this Agreement. Once scheduled,program times shall not be moved, altered or
deleted without the consent of Poulsbo.
Section 2. Pavment Oblisations. In consideration of the services provided pursuant to this
Agreement, Poulsbo shall pay Bremerton an annual amount of 21,319.00. Services rendered
beyond the scope of this Agreement, as set forth in Section 1, shall be billed in addition to the
annual amount at the rates established and published by BKAT. Poulsbo shall make funds
available to Bremerton as follows:
On a monthly basis, no later than the last claims batch of each month, Poulsbo shall pay
Bremerton 1/12`h of the current annual amount as specified herein. Each year thereafter, on
January 1, the annual amount will be re-calculated based upon the amount paid the previous year
increased by the Seattle-Tacoma-Bremerton Area Consumer Price Index(CPI) as published in
July of the previous year. Bremerton will annually prepare a written notice to Poulsbo of the
recalculated annual amount and provide this no later than July 30 prior to the January 31 revised
billing date. In the event the CPI is a negative number, the charges would remain as established
the previous year. A monthly invoice will not be provided. It is the responsibility of Poulsbo to
ensure payments are initiated and completed in a timely manner and in no event shall payment be
processed later than the last claims batch of each month.
Section 3. Term. This Service Agreement shall be for a period of ten(10)years commencing
January 1, 2016 and terminating December 31, 2025.
Section 4. Termination. Either party to this Service Agreement may terminate the agreement
without cause upon giving one hundred twenty(120) days written notice to the other party.
Section 5. Severabilitv. Should any part of the Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
Section 6. Indemnifv and Hold Harmless. The Parties shall each indemnify, defend, and
hold the other harmless from and against any and all claims, suits, actions, causes of action,
losses, damage, or liabilities arising or resulting from any alleged negligent or intentional acts or
omissions arising out of the performance or non performance of their respective responsibilities
as set out in this agreement. However, in the event of litigation to enforce any of the terms or
provisions of the Agreement herein, each party shall pay all its own costs and attorney's fees.
Section 7. Notices. All notices and other communications to be given by either party may be
given in writing to the appropriate party as follows:
Director of Financial Services City Clerk
City of Bremerton City of Poulsbo
345 Sixth St., Suite 600 Moe St
Bremerton, WA 98337 Poulsbo, WA 98370
Section 8. Compliance with Laws.The Parties shall comply with all applicable Federal, State,
and local laws in performing their obligations under this Agreement.
Section 9. Choice of Law and Venue. This Agreement shall be interpreted according to the
laws of the State of Washington. Any judicial action to resolve disputes arising out of this
Agreement shall be brought in the Kitsap County Superior Court.
Section 10. Assignment. Any assignment of any portion of this agreement shall not be made
without the written consent of both Parties.
Section 11. Waiver. Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right of power arising out of this Agreement shall not be
deemed waiver of any other right or power.
CITY OF BREMERTON CITY OF POULSBO
Patty Lent, MAYOR Becky Erickson, MAYOR
APPROVED AS TO FORM APPROVED AS TO FORM
Roger A. Lubovich, City Attorney James E. Haney, City Attorney
ATTEST:
, City Clerk
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Resolution No. 3262 Study Session Date: January 27, 2016
authorizing the Sole Source Purchase of two COUNCIL MEETING Date: February 3, 2016
new primary clarifier drives, Removal of the Department: PW&U -WWTP
City's current drives, and Installation of the Presenter: Pat Coxon
new drives from OVIVO USA, LLC Phone: (360) 473-5448
SUMMARY: The two current EIMCO Primary Clarifier Drives have been in operation since the
Wastewater Treatment Plant's inception in February 1985 (31 years), and they have reached the end
of their life.
We requested a proposal from OVIVO USA, for the purchase, removal and installation of two new
OEM C30HT 80 foot diameter drives, as they (OVIVO) superseded EIMCO as the manufacturerof
the original drives. In going with the OEM drives from OVIVO, we eliminate the need of modifications
to both primary clarifiers by going with a different style of drive.
The submitted proposal for the Sole Source Purchase of two (2) C30HT 80 foot diameter drives,the
removal of the existing drives and the installation of the two (2) new drives is $130.891.11, which
includes freight and taxes.
ATTACHMENTS: Resolution No. 3262
OVIVO USA, LLC proposal
FISCAL IMPACTS (Include Budgeted Amount): The two Primary Clarifier Drives purchase, removal
and installation are budgeted through the 2016 UWV CIP for a budgeted amount of$150,000.The
total cost for the purchase, removal and installation of two (2) C30HT 80' Primary Clarifier Drives is
$130.891.11 (includes freight &taxes). BARS#594.35325
STUDY SESSION AGENDA: o No Presentation ❑ FuIlPresentation
STUDY SESSlON ACTION: o ConsentAgenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION: Move to adopt Resolution No. 3262 authorizing the sole source
purchase of two new primary clarifier drives, removal of the City's current drives, and installation of
the new drives from OVIVO USA, LLC. in the amount of$130,891.11
Move to authorize the Mayor to finalize and execute the purchase with substantially the same terms
and conditions as presented.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/07/15
RESOLUTION NO. 3262
A RESOLUTION of the City Council of the City of
Bremerton, Washington, approving and authorizing sole source
purchase of two new primary clarifier drives, removal of the City's
drives, and installation of the new drives from OVIVO USA, LLC.
WHEREAS, BMC 2.76.020(a) requires public works contracts to be entered into
pursuant to RCW 35.22.620; and
WHEREAS, RCW 35.22.620 establishes bidding requirements for first class
cities, but allows in RCW 35.22.620(6) for the city legislative authority to waive the
requirements if an applicable exemption exists under RCW 39.04.280; and
WHEREAS, RCW 39.04.280(1)(a) provides an exemption for purchases that are
clearly and legitimately limited to a single source of supply; and
WHEREAS, the City's current primary clarifier drive mechanisms have reached
the end of their life; and
WHEREAS, City staff researched online for manufacturers of clarifier drives and
found that the original equipment manufacturer, EIMCO, is still in existence and doing business
as OVIVO, USA, LLC (hereinafter"OVIVO"); and
WHEREAS, if the City were to purchase primary clarifier drives from a company
other than OVIVO, the City would not be able to obtain the originally manufactured equipment,
and the chosen contractor would have to modify the existing primary clarifiers to make the
contractor's fitment work, necessitating additional equipment and labor; and
WHEREAS, OVIVO is the only manufacturer and supplier of the original
primary clarifier drives that were designed for the City's clarifier, and the specifications used for
the project are the same as those used in the original construction of the wastewater treatment
plant in 1985; and
WHEREAS, OVIVO has assured the City that its proposal is OVIVO's best price,
' the price is much lower than what was originally budgeted, and OVIVO reduced its price further
due to the fact that the City will be purchasing two drive units; and
WHEREAS, the wastewater treatment plant staff has the skills to do the primary
clarifier removal and installation work due to their familiarity with the existing equipment, but
the Director has determined that the staff will not have enough time this spring and summer to do
the work; and
1 Sole Source Purchase—
Primary Clarifter Drives
WHEREAS, the removal and installation work is specialized, and the
manufacturer's labor force is familiar with the drives and know the required tolerances of the
equipment; another contractor would be more expensive, as the City would have to pay for their
"on the job" education related to clarifier drives and/or the particulax OVIVO equipment; and
WHEREAS, sole sourcing with OVIVO allows the City to enter into direct
negotiations for pricing with OVIVO; and
WHEREAS,the City Council desires to authorize the sole source purchase of two
new primary clarifier drives, the removal of the City's currently used drives, and the installation
of the two new drives, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The recitals set forth above are hereby incorporated as if set forth
herein in full.
SECTION 2. Pursuant to BMC 2.76.020, the competitive bidding requirements
are hereby waived and the Department of Public Works & Utilities is authorized to enter into a
sole source contract with OVIVO USA, LLC in the amount of$130,891.11, including sales tax,
to purchase two new primary claritier drives, remove the City's currently used drives, and install
two new drives.
SECTION3. .Severabilitv. If any one or more sections, subsections, or sentences
of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this Resolution and the same shall remain in full force and
effect.
SECTION 4. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this day
of , 2016.
ERIC YOUNGER, Council President
APPROVED AS TO FORM: ATTEST:
ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk
2 Sole Source Purcl:ase—
Primary Clarifier Drives
O�'�O Proposal No.01122016—CL
Proposal Date:January 12, 2016
Worldwide Exparte in Water TreeRme�rt Page 1 of 9
PREPARED FOR
Bremerton WWTP
Bremerton, WA
Attention: Patric Coxon
Wastewater Manager
AREA REPRESENTATIVE
Treatment Equipment
Jens Nielsen
(253) 508-9955
iens@tec-nw.com
PROJ ECT
C30HT Drive Unit Replacements for
80' dia. C3 Clarifier
Serial #23046-01
P6tEPARED BY
Ovivo USA, LLC
4246 Riverboat Road —Suite 300
Salt Lake City, Utah 84123-2583
Chad Layton
Phone (801) 931-3240
Fax (801) 931-3080
chad.lavton@ovivowater.com
PROPOSAL
Ovivo USA,LLC
4246 Rrvcrboat Road•Suite 300•Salt Lake City,Utah 84123-2�83 USA
Tel (801)931-3000•Fax (801)931-3080
�vw�w ovrvowater.com
O�'�O Proposal No.01122016—CL
Proposal Date:January 12, 2016
Worldwide Exparls in WaterTre�tne�rt Page 2 of 9
PRO.➢ECT SUn/B9VSARY:
Ovivo USA, LLC(formerly EIMCO Water Technologies—EWT`"')is pleased to offer the following
proposal to supply two(2) new C30HT drive units as direct replacements for current drive units.
This is for existing 80'dia. C3 clarifier installed in 1983 under serial#23046-01. Ovivo is also
providing pricing for drive removal/install services.
C30HT Replacement Drive Units -serial#23046-01
Ovivo will manufacture and supply two (2) new complete EWT�"" Model C30HT drive mechanisms
to include the following:
m Basic C30HT drive rated to match existing C30HT drive unit
m Drive torque control unit with micro switches and actuating pin
o Motor drive package(3/4 hp TEFC motor, reducer,sprockets,chain and guard)
e Premium Ovivo paint scheme, two (2) coats of Tnemec Series N69F epoxy @ 6-8 mils
DFT
o Top coated with (1) coat of Tnemec Series 73 Endura Shield urethane paint @ 2-3
mils DFT(sky blue color)
o Top coat is highly resistant to abrasion, wet conditions, corrosive fumes, chemical
contact and weathering
o Installation fasteners&shim kit (304 SS)
a 0 & M manual
o One (1)year warranty
o Drive freight
� Engineering
Items NOT Included
0 Finish or touch up painting
v Lubricants or drive unit oil
m Disposal of any old lubricants/fluids
m Overtime work hours or removal of old debris
� Field service startup/checkout(see optional adder below)
Price for(2)C30HT drive units complete as described above...........................$56,17100
Lead time is estimated at 8-10 weeks based upon current inventory levels
PROPOSAL
Ovivo USA,LLC
4246 ILverboat Road•Suite 300•Salt Lake C�ry,Utah 84123-2�83 USA
Tel (801)931-3000•Fax (801)931-3080
��tiwv ovivowater com
O�I�O Proposal No.01122016—CL
Proposal Date:January 12,2016
VYorldwide Experts m WaterTrea�me�rt Page 3 of 9
Drive Unit Labor Removal &Installation Services
We Include:
m Site mobilization
a Support of superstructure as needed
� Removal of existing C30HT drive units
0 Install of new C30HT drive units
o Re-leveling of rakes& mechanisms
� Crane, mats, rigging and related equipment
m One (1)year warranty parts& installation
o Demobilization of personnel and equipment
0 10 hours per day
Items NOT Included
m Draining or cleaning of tank prior to start of installation
• Electrical disconnect/installation or alteration of existing electrical supply
m Finish or touch up painting
m Lubricants or drive unit oil
e Disposal of any old lubricants/fluids
� Overtime work hours or removal of old debris
a Field service startup/checkout(see optional adder below)
Price for two(2)C30HT drive unit installs as described above...................................$64,244.00
Drive units to be installed one at a time on same visit
Optional Adder
Please ADD the following price to include one Ovivo serviceman visit for two(2)trips of one (1) day
each on site to perform check-out (start-up) and inspect new C30HT drive unit installations and
provide operator training. Price includes all travel and miscellaneous expenses.
Pricing for field service checkout complete as described above.......................................$4,600 00
DELIVERY
Ovivo intends to ship all Products as indicated above after receipt of approved purchase
order and approved submittal drawings from Purchaser. However, the date of shipment
PROI' OSAL
Ovivo USA,LLC
42d6 Rrverboat Road•Suite 300•Salt Lake City,Utah 84123-2�83 USA
Tel (801)931-3000•Fax (801)931-3080
�+w�v ovivo�tiater com
O�'�O Proposal No.01122016—CL
Proposal Date:January 12, 2016
Worldwida Facpaete in Water Trea�ment Page 4 of 9
of the Products represent Ovivo's best estimate, but is not guaranteed, and Ovivo shall
not be liable for any damages due to late delivery.The Products shall be delivered to the
delivery point or points in accordance with the delivery terms stated in this proposal. If
such delivery is prevented or postponed by reason of Force Majeure, as defined in
Ovivo's standard terms and conditions of sale, Ovivo shall be entitled at its option to
tender delivery to Purchaser at the point or points of manufacture, and in default of
Purchaser's acceptance of delivery, to cause the Products to be stored at such a point or
points of manufacture at Purchaser's expense. Such tender, if accepted, or such storage,
shall constitute delivery for all purposes of this proposal. If shipment is postponed at
request of Purchaser, or due to delay in receipt of shipping instructions, payment of the
purchase price shall be due on notice from Ovivo that the Products are ready for
shiprnent. Handling, moving, storage, insurance and other charges thereafter incurred
by Ovivo with respect to the Products shall be for the account of Purchaser and shall be
paid by Purchaser when invoiced.
PRICING TERMS
All prices quoted are in US Dollars. Prices are good for 45 days. After expiration of the
pricing effective period, prices will be subject to review and adjustment. Prices quoted are
FOB point of shipment, with freight included to an accessible point nearest the jobsite.
Federal, state or local sales, use or other taxes are not included in the sales price.
PAYMERIT TERMS
Payment terms are: One hundred percent (100%) payment due within forty five (45) days
after Purchaser's receipt of invoice. Invoice will be submitted after all materials have been
� received at the job site or they have been successfully installed by an Ovivo contractor and
the field service check-out and start-up procedure is finalized. Credit is subject to
acceptance by the Ovivo Credit Department. Purchaser shall remit payment for proper
invoices received from Ovivo in accordance with the payment terms stated above even if
the Purchaser has not been paid by the Purchaser's customer(the "Owner"), if Purchaser is
not the end-user of the Products. Payments are due within forty five (45) days after
Purchaser's receipt of invoice. Overdue and unpaid invoices are subject to a service charge
of 2%per month until paid.
If Purchaser requests or causes cancellation, suspension or delay of Ovivo's work,
Purchaser shall accept transfer of title and pay Ovivo all appropriate charges incurred up
to date of such event plus Ovivo's overhead and reasonable profit. Additionally, all
charges related to and risks incidental to storage, disposition and/or resumption of work
� � O � O � 1� L
Ovivo USA,LLC
4246 Rrverboat Road•Suite 300•Salt Lake C�ty,Utah 84123-2583 USA
Tel (801)931-3000•Fax (8U1)931-3080
w�•ovrvowatcr com
O�'�O Proposal No.01122016—CL
Proposal Date:January 12, 2016
Worldwlde Eaparts in Wat�er Treatrna�rt Page 5 of 9
shall be borne solely by Purchaser. Full payment for all work shall be due and payable
forty five (45) days from the date work is placed into storage.
TAXES
Federal, State or local sales, use or other taxes are not included in the sales price. Such
taxEs, if applicable, shall be for Purchaser's account.
BACKCHARGES
In no event shall Purchaser/Owner do or cause to be done any work, purchase any services
or material or incur any expense for the account of Ovivo, nor shall Ovivo be responsible
for such work or expenses, until after Purchaser/Owner has provided Ovivo's PROJECT
MANAGER full details (including estimate of material cost and amount and rate of labor
required) of the work, services, material or expenses, and Ovivo has approved the same in
writing. Ovivo will not accept Products returned by Purchaser/Owner unless Ovivo has
previously accepted the return in writing and provided Purchaser/Owner with shipping
instructions.
��*�Pl9RCF9A5E.0EtDER SUBMISSlOIV**�
In an effort to ensure all purchase orders are processed timely and efficiently, please
submit all purchase order documentation to the following department and address:
Attn: Order Entry Administrator
Ovivo USA, LLC
4246 Riverboat Road -Suite 300,
Salt Lake City, Utah 84123-2583
Fax#: 801-931-3080
Te�.#:801-931-3000
chad.lavton@ovivowater.com
ADDITIONAL FIELD SERVICE
When included and noted in the Product pricing of each proposal item, Ovivo will supply the
service of a competent field representative to inspect the completed installation and
adjustment of equipment, supervise initial operation, and instruct Owner's personnel in the
operation and maintenance of each proposal item for the number of eight (8) hour days.
Notwithstanding Ovivo's performance of the above-referenced services, Ovivo shall not be
� � � � � � 1`� �
Ovivo USA,LLC
4246 Rrverboat Road•Suitc 300•Salt I ake City,Utah 84123-2�83 USA
'Cel (801)931-3000•Fax•(801)931-3080
www.ovrvo�aater.com
O�'�� Proposal No.01122016—CL
Proposal Date:January 12, 2016
Worldwide Experta m Water Treetmerrt Page 6 of 9
held liable for any faulty workmanship or other defects in the Products' installation, or for
other goods and/or services, performed by third parties unless such goods and/or services are
expressly included under Ovivo's scope of work.
If additional service is required over and above the Field Services described above, it will be
furnished to the Purchaser and billed to him at the current rate for each additional day
required, plus travel and lodging expenses incurred by the service personnel during the
additional service days.
It shall be the Purchaser's responsibility to provide for all necessary lubrication of all
equipment prior to placing equipment in operation. All equipment must be in operating
condition and ready for the Field Service Engineer when called to the project location. Should
the Contractor not be ready when the Field Service Engineer is requested or if additional
service is requested,the Ovivo current service rates will apply for each additional day required,
plus travel and lodging expenses incurred by the service personnel during the additional
service days.
SURFACE PR�PARATION AIVD PAIfVTING GENEFtAL INFORMATION
If painting the Products is included under Ovivo's scope of work, such Products shall be
painted in accordance with Ovivo's standard practice. Shop primer paint is intended to serve
only as minimal protective finish. Ovivo will not be responsible for condition of primed or
finished painted surfaces after equipment leaves its shops. Purchasers are invited to inspect
painting in our shops for proper preparation and application prior to shipment. Ovivo
assumes no responsibility for field service preparation or touch-up of shipping damage to
paint. Painting of fasteners and other touch-up to painted surFaces will be by Purchaser's
painting contractor after mechanism erection. Clarifier motors, gear motors and center
drives shall be cleaned and painted with manufacturer's standard primer paint only. It is our
intention to ship major steel components as soon as fabricated, often before drives, motors
and other manufactured components. Unless you can insure that shop primed steel shall be
field painted within thirty(30) days after arrival at the jobsite,we encourage you to purchase
these components in the bare metal (no surface prep or primer)condition.
Ovivo cannot accept responsibility for rusting or deterioration of shop applied prime coatings
on delivered equipment if the primed surfaces have not been field painted within thirty (30)
days of arrival at the jobsite using manufacturers' standard primers. Other primers may have
less durability.
� J� � � � S 1`1 �
Ovivo USA,LLC
42�6 Rrverboat Road•Suite 300•Salt Lake C�ty,Utah 84123-2583 USA
Tel (801)931-3000•Fax (801)931-3U80
www.ovrvo�tiater com
O�'�o Proposal No.01122016—CL
Proposal Date:January 12, 2016
Worldwida Experte m Water Treabnerrt Page 7 of 9
GENERAL ITEMS IVOT INCLUDED
Unless specifically and expressly included above, prices quoted by Ovivo do not include
unloading, hauling, erection, installation, piping, valves, fittings, stairways, ladders,
walkways, grating, wall spools, concrete, grout, sealant, dissimilar metal protection,
oakum, mastic,field painting, oil or grease, electrical controls, wiring, mounting hardware,
welding, weld rod, shims, leveling plates, protection against corrosion due to unprotected
storage, special engineering, or overall plant or system operating instructions or any other
products or services.
Performance and payment security, including but not limited to bonds, letters of credit, or
bank guarantees, are not included, but can be provided if purchased for an additional cost.
MANUALS
The content of any and all installation, operation and maintenance or other manuals or
documents pertaining to the Products are copyrighted and shall not be modified without
the express prior written consent of Ovivo. Ovivo disclaims any liability for claims resulting
from unauthorized modifications to any such manuals or other documents provided by
Ovivo in connection with the Project.
WARRANTY AfVD COIVDITIOIVS
Ovivo standard Terms and Conditions of Sale is attached and made an essential part of
this proposal. These terms and conditions are an integral part of Ovivo's offer of
Products and related services and replace and supersede any terms and conditions or
warranty included in Purchaser or Owner requests for quotation or specifications and
cannot be changed without written approval from an authorized representative of
Ovivo.
� � � � � St`� 3�
Ovivo USA,LLC
4346 Rrverboat Road•Suite 300•Salt Lzl:e City,Utah 84123-2583 USA
7�c1 (801)931-3000•Fax (801)931-3080
�av�tiv ovrvowater com
O�'�O Proposal No.01122016-CL
Proposal Date:January 12, 2016
YVorldwld�Exp�rb in Wat�r TreaLm�nt Page 8 of 9
1.ACCEPT.4NCF..Thc p:oposal o(OVIVO USi.I.LC P'SFLLEX 7,a,xcll as ihcs_tcrms and wr.diuons of opphcablc w lhe Produc�s suppLcd
salc(collccuvclv tFc"Agr;mcni),consuwtcs SELLtiR�s contraccual off T u(goods and�sso.�atcC scn�ccs.and I L SOFIWARF..PURCHASER shall ha�c a nonceclusnc and nonvans(aable hccnsc lo usc any mCormauon
PURCHASER's actepian:e of thu olier s c�prash Lraued to ihe t�nns r,f ihe Aycemen� The scope and[emis processmg progam supphed by$ELLER wnh the Products PURCHASER acAno�sledgo Ihat such programs and
and tondrtwns of lhu.ayrctm.m rcprescnt thc cnure n(1'r b� SGLLER and sunerscdc all pnor sohcnuuons, thc mformnt�on conwmcd Ihaem is Confidcntial Infortoauon and agrecs a)no�lo cop��or duphcatc lhc program
dawssions,agrcemcnts. ur.dcrstandmgi ar.d ryrarntat�ons hch�xn ihe parus Ane s:opc or lcrms er.d L.PATE\T 1\DEMNITY.SELLER«JI dcCcnd ut rts ox'n cspcnsc nny sw�msuNtcd agamst PURCHASER
cond�uons meludcd m PLRCHAS[R's acccpWncc'purchas;ord.�r Ihat arc m addmon fu or di0'crem irom th�s buod upon clmms that SELLER�s Produet hcrcundcr N 811A OY�IUCI(COnStINla�n mfnngcmcnt of anp�ahd
Au}ccmcnl arc hereb�rc�eciui apparetus cln�ms ot am�Un�l�d Slatcs patcnt issued and�isnng as of thc datc of th�s Agrccment,if nolJ�ed
2.DF.LIVERY. An��slmcmcnls rcaiing lo Ihe d:ic of shipmcn:nf the Products(as dcfincd bclow')rcpracm promplly m wnung and gnen all mformauaR stisrstancc,and solc audiont�lo dcfcnd and sMdc lhc samc,and
SELLER'S best csumalc.hw i,nul guarantcod,;u�d SEI.LER shall nM hc nablc for any damagcs duc to lolc 5[LLER shall mdcmmfr Ihc PURCHASER ngamst such clmms of mfnngcmcnl Funhcrtnorc,m cuc lhc usc of
deln�en�The Products sh�ll be delner d ro ih:deL�cr.pomt or pomts m accordante��nh�he deh�en'terms staled die Products is en�omed m such surt or m case SELLER othera�se dcrms u adru�able,SELLF.R shall,al i�s o�vn
m$ELLER�s proposal If such dtL�•sc is prewmed nr posipu��d b�reason of Foree Ma�eure(as defined belm�1, e¢peme and d�scrcuon,(a)p`ocure for the PURCHASER lhe ngh�lo commue usmg the Producls,(bl replacc ihe
SELLER shall bc cnwlcd m us opiw:i:o icad r dch�cn to PI;RCHASF.R m thc pomt or pomts o(manufacture. samc unh nomm(nngmg Producu,(c)modd��thc Produci so n bccomcs non-infnngmg,or(d)rcmo��c thc
and in dcfault o(PURC'HAScR s aca•piaac;oi d�ln�u�to�ausc:!ic Products to bc ilo::C a1 su�h a point or po�nts Pradutls and re(und lhc purchau pncc less Gc�ght charga and dcpra:ialion.SELLER shall nol bc liablc for,and
of manufaeture ul PURCHAScR'S ecpenxe Such tend:r.d ae.epird.or such siurage.sh�ll consumic dclnen�for PURCHASER shnll mdemm(y SHLLER for,am cla�m o(mfrmgemenl rel�ted lo(a)the use of lhe ProducB for
all pwposcs of lh�s agrca:i:�i IE sLipmrnt is postponcd al rcqucs:o(PUkCH.4SER,or Anc lo delac m racipt o( anc purposc o�h�T thon�hai for N�hich u was fumishcd by SELLF.R,(b)comphancc orth cqwpmcnt dcs�gns no�
skuppmg mstmcuons.pa�:rcn:ol Ihc p�r,ia.c pncc�ha!I M1c duc on nolicc Gom$ELLLR Ihat Ihc Producu uc (urtushcd by$ELLER or(c)usc of lhc Praducts m combmadon��nh any othcr cqwpmcnt Thc forcgomg sta0.s
rcady(or sh�pmcat IlandLng,mevmg.slorayc rosurancc and ot:sr ch;vycs thcrcafi��acurrcd b�$ELLER xith �he solc hab�hn�o(SELI.ER for patrnc m(nngcmcnt u�nh respccl lo thc Products
rcspat to ihc Products shall bc for iSc account of PURCHASER and ahall hc pmd b}�PURCHASER xhcn 13.GE\ERAL INDENNITY.Sub�ect to thc ngMs.obLganons and Lmimpons of habdmcs o(Ihc pamcs sct
�mosed (onh m tha Agrecment,PURCHASF.R shall protect and mdemmfy SELLER,ns ultunatc psent.us uluroatc
3.TITLE A\�U RISI�OF LQSS SFLLER shall retam ih:f�allcsl rghL Iulc.and rucrcu m Ihc Preducts Io Ihc purnc's subs�d�ancs and pch of Ihcir respcc�n�c o(ficcrs.dvectors,cmployas and agcnts,from nnd agamst all
ectent permrtled b>'appL.ahlc la��,m:ludmg a saura�mtercst m Ihe Producl�.unW the(ull purchas:pncc has cla�ms.demands and causes o(achon asscrted bp anp enun to the caent of PURCHASER's'neghgenec or�ullful
bccn paid to$ELLF,R TF.c gn mg and acc p1;ng uf dralis.ao:a anl�or tradt atxpt�r.ca w c�idcncc thc pacmcnls maconduct m connauon xi�h��s.4gra�ncnt
duc shall not.onsum�c or h::ons;rucd u paymcro su as�o pas.,$FL.I.FR"5 mlcrests umil said dralls,nots andror H. DEFACLT.TERMI\ATION.In ihc c�cnt that PURCHASER bccoma msolvcnl,commna an ac[of
trnde aceeplanca art pa�d m full RuA of loss shall pass to PURCHAS[R at the ceL�un par.l banl�ruplry or defaulLS m Ihe performmce of any term or condmon of th�s Agrecmenl,ihe enlrte unpmd pomon o(
.1.PAYMF.NT TER)15 CfLLCR r.s:n�s iho nght w ship ihc Products and bc pa�d.`or such oa a pro rata basrs, Ihc purchasc pncc shull,wrthout noucc or dcmond,bccomc�mmcd�atch�duc and payablc$ELLF.R at ns opUon.
as shippcd if pa)'mcnu a:c not maCc b�i�:duc Exlc,m;cr,.:at a::llc of t��o per:cnt(2YL1 per rt:onlh.calculalcd wnhout noucc or dcmnnd shall bc cndticd�o suc for smd balancc and for reasonablc Icgal fccs,plus ouo-of-pocF.ct
da�l},shall apply(ron ih:c'uc iate for p��mcni PI:RCH.4SF.R�s I::blc to pa�S[LLER�S I::gal fces and all olher c�pca5es und interest.and/or lo rnter an��place uherc Ihe Products arc located and la taAc�mmed�ale possess�on of
eepensa m respat ol enlnremg or xu�mpung ro ai(ore an.of SELLE��S nghu rci�ung io a b:cach or ihmatened and rcmo�•c ihe Producls,�mlh or wrthout Iegal praess,and/or relmn all pa.menis made u compensauon fur lhe
brcach of Ihc pa�mcnt t:rms b�Pi;RCNASER usc of�hc Producls md/or rescll the Producls,wnhout noucc or dcmand,(or and on bchal(of lhc PURCHASER,
5 TAXE .Unlc�s u�hcn�uc:p�•:�i.:a!I� ;ro��dcd in SELi.F.R s quotatro�'propo.val.YURCHASFR sholl pa�' and to appl.•thc na procccds Gom such snlc(aflcr deducuon from Ihc salc pncc of all c<pcnscs of such salc and all
and.br re�mhurse$ELLF R in.^.dr.:con lo th:p:icq Cor all salei,use und oth^,r iaecs.c�cues and charges ohsh expenses oC reWl.mg possas�on,rcp�us necessarv lo pul the Producls m saleable condiUon,sromge charges,laxes.
SELLER may pa�•or be reqwred m pa�!o am go��Tcment dvxl!�or mdirectly m eormsnun wrth lhe producuon. hens.collecuon and Iegal fees and all otha erpenses m wnnecuon lherewnh)to Ihe bolance lhen duc lo SELLER
sale,trensportanon,and�or use h�SEi.L[k or PI:ItCH:15[R o(am of the Prodncis or s��mes deah�vuh hercin for the Products ond to recene from ihe PURCHASER Ihe defic�enc}between such nel praeeds of sale and such
I��hether lhe samc ma�M1c re�earacd a�persona:or rcal pruprrn; PCR('HASER aerecs m pa�all propem and 6alan:e PURCH.45HR hecbr wanes all Irespass,damage and cla�ms resulung Gom any such enin,repossess�on.
olher ta�es u�h�ch ma�be I.vmC,uxss:d or chargeA ayamst or apon aa�o(ihe Prodects on or af1�We dale of remo�nl.rclrnnon,rcpav.alterauon and sale The remedies pro�'ided m this paragraph arc m addmon Io�nd not
actual slupmcnt.or placui��nto�:uragc;or?i:RCH.4SER'S::c,unt I�mua�ons of an��othcr nghLs of SELI.[R
6. MECHA\ICr�I. W'ARRA\TY Snlcl. for Ih. bcn:L•i of PGRCH:ISFR. S[LLER ��artants ihat nc�v 15,CANCELLATIO].PURCHASER nmc tcrtumatc this Agrccmcnl Cor concemcncc upon gnmg$ELLER
eqwpmem and parts manuia.terai b�r znd pro�ided to PIiRCIi:1SER i.ollacu�:h."'Produas l shall be Gec Gom Ihvly(30)da�s prwr xniten nouce of such Cacl and paymg$ELLER for all cosls and erpenscs Ontludmg
dcfccis m matcrial ar,E��orAmanship Tnc�sarraan pcnod shall b:u�ehc i I Ii months Gom startup oC thc o�cnc�ad)mcurrd b��t m performmg rts worA and closmg out thc samc plus a rcasonablc profit Ihcrcon All such
eympment not W ecteeC nehicrn i 1 R)iannihs from sh:pmenl If anc of$F.LLER�$P,-ouucls fad W comply��rth cosls and erpertses shall be paid�o SELLER w�nhm ten(10)days o(the termma4on of�he Ae}ecmrnl.or be
Ihc(ofcgomg«artann.SEI.I.I:R sh�l:�:pa:;or rc�lscc frcc of:han�c io PI�RCHASFR,t\WORKS SELLER'S subica�o m uddiiiunal latc ps��mcnt pcnalty otti�c pna•nt(S°'o)of�he totel amount oCcosis and ccpcnsas ox�
FACTORIE$or othcr loca:ion�I•.ai SF.LL[R daignatcx,am Pioc!u.i cr oarts�n;rcoi rc:nrncd io SELLF.R,«hich Ifi REMEDIF.S Thc nghls and remcd�cs o(thc PURCHASFR m conncction�e�lh lhc goais and scn�iccs
c.�ammauon shall sho��:o ha�:ia�led u�d:r nnm;al we a:iC�cnicc operxron n} PI;RCH.aSF.R Hithm�ha providcd by SELLER hereundcr arc c<clusnc and I�mrtcd to thc nghis and remcd�cs ccpressly s�aied m this
Wartann�Pcnod.pro�iCcd.lhai J r��ould hc mipracucxMc for Ihc Producl or part:L•crro(to bc rcturncd tu Agrecmcnt
SEI.LGR SELLER�ull xnd a rcprasrntalnc�o PURCNASFR,I^b snc to mspc<t�h�I%rodu.t If i:is dcicrmmcd 17.1\SPF.CTION.PURCHASER n cnUdrd to mnAc rcasonablc rospctt�on o(Products al SF.LLER�s facd�q�
allcr mspadon thm SELI.ER is I:ahlc ucricr ihis narrar.n to rcpaa or rcplac:ihc Prodnu or part thcrcoC SELLER SELLF.R resrn�a Ihc nght�o dcicrmmc ihc rcasonnblcncss oC ihc rcqucs't and w sclect an appmpnatc 4mc(or such
shall bcur ihc iranspona;�or. cos.>ot ia1 r Kummg thc Prcd.ia to$GLL�R for mspceuon ur scndmg its mspxuon All wsu of mspecuons nol ccprash mcludcd as an ncm�zcd parl of thc quotcd pncc o(lhc Products
rcprescnL�dac lo thc Iob ana�nd ie):,;:nrnmg thc rcpmr,d or::pixcd Proda.is�o PL:kCHASER,howc.cr,u n u m ttirs Agrccmcn�shall bc pa�d by PURCINSER
deternuncd aRer wpecuor.:h;u SEI!.=R�;wl LaMle unda�th:a��artant��.FI;RCHASL=R ehall p�c tliose cosls F'or IR.WAIVER.My fadure by SELLF.R W enCoree PURCHASER�s sViet per(ormance oC:mc pro��ision of�is
$ELLER lo bc liablc��ill:r:succi to il:u uarr:�ih PLBCHASF.R n:us:ma6c us<lain:s to S61.LER�enh raptt��o Agrccment x�Jl not consinutc a xarccr of us nght to subuqucntly cnforcc such pmvsion or eny olhcr procaion of
lh�s aartanh m�mung no lai.:ihan Ih�rt.(30)da�s all.r tcc d��:PI:RCHASER d:sco«s thc bas�s Ior ris Ihis Agrecmcnl
wartmp'elmm and m nu n cnt ao•c tian:hirt�i?J1 aa}s aC.r 1h:cep�ration of ih:l4'arrann•Pcnod In addiuon l0 19.CONPLIANCF.WITH I.AW S.IC appLcablc laxs,ordmantcs,rc�yulal�ons or eond�4ons rcqurtc an}�dung
any olhQ hmuauon or d:sdam�:r«�Ih r:spc:t to thu�wrzant..StLLER shall nmc no LabiLl}x�rth a5pp:t lo anr d�llcrcnt from,or m addmon to,thac callcd for b��Ihn.4grccmcnt.SELLER wJl soluf.sueh rryurtcments nt
of Ihe folloxmg (U f�ilurc o(:I:c ProAut:s or da�aaecs to ihcm duc�o Pl,ItCH.A$ER s ncgLgencc or w�llful PI,RCHASER'$urrtten rcqucsl and erpcnsc
mrsconduct,abusc ur ir.ipropu.ioragc,ir.sial:auoa app:�c:uoa or mmotcnar.:c(as spzctiicd m an�manuaL�or 20.FOR �NA F.'R-.1(SELLER is rrndercd unablc,xholly or m matcrml pan.by rcason of Force�1a�curc to
wrrtlrn mswchons lhal SEI.LfR pro��d:s to Ihc PURCNASER).G:!an} Pmuucu�hai hnt bcen altcrcd or cam oul any of�Lt obhgn4ons hercundcr.thcn on SELLER�s noucc m xnung lo PURCHASER oithm a
rcpnu.A m am��a�xnhout SE�L�R-S pnor��rnttr.authonia:.un.(w)7'hc:e�u ot dumanlhng and ramlallapon rcasonablc umc atler thc occurtcncc o(lhe causc rchcd upon.such obLgaUons shall be suspwdcd"Forcc MaJcurc�
of the Producls.6�1�nr°redcc:�dam:iged eh�lc m Irans¢or.lhcn��s:b�acadtnl.(v)dttomposit�on of Prwiucls shall mtludc,bu�not bc hmneA lo,acts of God.laxs and regulauony,sin6cs,cnil d�sobedicnce or unm�.
bc chcmical acuoa�Tos:on ur curros�on or��car to Prodacu a,iac Iu cundmons of Icmperaturc.mo�sWrc and dirt. hghlmng,f�rc,llood.��ashoul,storm,commumcalion Imcs fedurc,dclays of lhc PURCH.4SER or PI;RCHASER's
or 1��0 claims��nh respe.!:u pars thai arc consumzble�nd nor^ia!Ic replaced dunng mamlenance such as f I[er subcontractors,brea6age or ace�denl lo equipmrnl or machmmt oars,pohee aclions.�erroram,embargos,and am
mcdm.filter drmnagc bci�s;:nd ihe 1�6�.nccpt nl::rc su:6 pam arc noi pc!brmine to SE[.LER�S csumate of olhcr causa that are no�rcaSonably w�rihm ihc convol of lhc$ELLER If thc dclay�s thc raull of PURCHASER�s
normal srn•�cc h(c.m xh¢ii caac.S!ii.Lh�N,shall onh F.:hab!c G^.r thc pro:ala cos;of r:placcmcit of ihosc p�uts acuon or macuon,thcn m add�uon to an ad�uslrticn�m Gme.SFLLER shall bc cnullcd to rc�mburscmcn�of cos�s
bascd on SEI.LER'$.sum,nt ol whai tnc rcma�mng scn�cc hfi J�1I105C��:15 SFOGIC I1BVi bccn,prondcA,thai mcurrcd to mamtam��s uhcdulc
fadure of those parls did not:.sal;irom any o.`Ihe maears hst:A:a clauses'(0 th:nugh(�j abu�c Wnh regard to 21 INDF.PF.VDENT C0ITRACTOR.Il�s eepressh�undmtood that SELI.ER u an mdependem contractor.and
Ihvd-pam�pans,cquipn:�r.; s.��+orici or�on:aor,cnts r.ot oi S��LLER's dai�n SEI.LER'S liab�lin�shall bc Ihnt nc�lhcr$ELLER nor rts pnncipals,partncrs,parcnls,subsid�ancs,atfiliatcs.cmplo�ccs or aubcontractors arc
Lmitcd solcl}to thc aui,wacr.c o•`:�ulahlc inird-part. ��ar:;.a!ms 7'HE P.aRTIk:S:\GREE TH�1T ALL scnants,agcnis.pannas,Jomtvcnwresorcmplo�ceso(PURCHASFRmana�wa}�+'halsoc�cr
OTHER WARRA\TIF:�,F:\PRCSS OR IMPLI�U.IY('Lf:UI\G W.4RRA�"f1E:5 OF FIT\ESS FOR A 2.SF.VF.RABILI7'Y.Should am port�on of�h�s Agrccmcnt,tic hcld to bc�n��elid or uncnforccaMlc unda
PARTICUI.AR PL:RPOSF. :1�11 �7t:RCH:�\l'AHILITY. WHF.THER \VRITTE\, OML OR appl�cable law��hcn the��alidrty of ihc remmnmg pon�ons Ihcrcof shall no�bc alTccicd by such in�•al�d�t��or
$'fATI:TORY',ARF F\CLI:DF:D TO�fHF.FULLk:ST�f\7'L��1'1'F.RAi1SSIBL.E Bl'LAK'..qll Huran:�p uncnforceab�l:t��and shall rcma�n�n full forcc and ctTcn Funhcmi.m:.�n.m�aLd or wiaJarc�blc pro��swn xhdl bc
m�d obhgalions of SF.LL2R sh_"w;n::n�tr if PUkCH:\$LR;vls to p:ronu its obliga:ions undcr lh�s Ayrccmcnt modifiad uccordmgla xillun ihc eonGnes of uppLa�blc law,yving ma�mum pam�ss�blc clTst lo lhc D�����uons
meludmg bw not limncd to am a:lu:c lo p��am char�n due:o SEf.1.CR $EI.I.F.�R'$quotcd pncc(or Ihc �pnsxdhvan
Products u basrd upon�his�u:n:u��Aa�mcrws:m narrann obhgatwn ma.bc sub�ca io an mcreasc m pncc '3 CHOICF.OF I.AW.CHOICF.OF VF.]UF..This Agrccmcnt shall bc govancd and conavued m acwrdancc
7 CONFIDF.\-1'IAI. ISFOR�1yTl0\ All no�pchhc miormauun and data lumuhcd w PURCHASER wnh thc laq�s of�hc$tate of UlaF4 wnhoul rcgard to�ts rulcs rcgardmg coniLas or choicc o('la�� Thc part¢5
hcrcunder,mdudmg bul no:l:ir:n.,i fo p:i::.svu lype ar.d ct:�;n of thc Producis a ihc solc propcny of SELLF.R submLL lo thc�unsd�cUon and ccnuc of Ihc state and federal wuns Iwai�d m Sah La1.e Gn�.UWh
md subm�ltcd Cor PURCHASER'S o��.n cunfdcnl�al usc solch;c conncc�iun wnh�his ASmcmcnt and�s nol to bc 2J.ASSIGNMF.NT. PURCHASER shall not ass�gn or lransfcr ih�s.4grccmcnt unhout thc pnor�mltrn conscnt
made 6nox�n or a�ad:nlc ic ar,�iharE paa���rhou:tiF�Lh:R'i��,ncr��nucn conscnt of thc SEL.LER An��attcmpt to ma6c such an us�gnmcnt or va�ufcr shall bc null and�o�d $ELI.Ck shall ha�c
R.PAINTI]G. Thc Pro�cc:c;ha�!hc p;n�icd m ac:ordar...�wh$F.I.LER'S sunL�rd pracucc,and purchascd thc authont�to ass�gn,or olhcrH��sc trartsfcr,�u nghls and obhgauons m connccl�on w�lh Iha Agrxmcnt,m xholc
nrms such ns molors.coou�o6.;;�c.d r,du.crs pun:ps ,tc.��iil bc omntcd m accord:ncc��nh manu(aciurcrs' or m parl,upon pnur wnttrn nodcc to PIJRCHASER
standard pracnccs.unlcss cil:cn�:,:�,�r��d ii«ru�n� 25. LIMITATION ON LIARILITY.TO THE EXTE\T PERMISSIBLE BY LAW,SELLER SHALL
9 DRAWI\CS 4\DTFfII�i('ni DO('L'47F�'I�a'TIO\ \l'iicn PI;RC'HASER::.;u;>:�appro�al oi dra��ings HAVE\O FURTHER LIABILITY 1\CONNECTION WITH THIS AGREEME\T IN EXCESS OFTHE
bcfore commcnccmcm n�i:m:nd_cmru .;hipmrnt ma� bc d.•ia�cd d appro.cd dmo�ings am noi rcturnd ta COST OF CORRECTINC ANY DEFECI'S,OR IN THE ABSENCE OF AIVI'DEFE('1'.IN EXCESS OF
SELf.ER unhin founc:n t�;l da.�ai r:�:�p:b�YUR('H.aS�.R o`such dra«uigs(o�appro�al SELLER xill THE VALUE OF THE PRODUCTS SOLD HEREI;NDER.�O7'WITHS'1'ANDING AM1Y L1.4BILITIES
fum�sh onh�gcncr�l arr:r.c.•a�r.i �cr.cral osscmi�l�� �nd if r�.�u:rcd. ��vin�y E:agrams. cration dra��ings, OR RESPONSfBfLITIES ASSUMED BY SELLF.R NEREUI�DER,SELLER SHALL 1\NO EVENT BE
installmion and opera:ion-r.i:uatccan:c r.ianua�s Cor SCLLEIi'$�quipmcnt i�n Eny!uh languagc) tiELLER w�ill RESPONSIBLE TO PURCHASER OR A\Y THIRD PAR7V,WHETI�R ARISI\C I;NDERCONTRACI'.
supph'si� (6)wmplcu �ris ol ara��ir.gs and .pera�mc icsauct:ans :1Admonal scts will bc pa�d (or b} TORT (INCl,UD4\G NEGLIGEM1Cf� STRICT LIABILI7'Y, OR OTHERWISE. FOR LQSS OF
PURCHASER Elatrur.:�IJca.i�rcy�c.i;,'.from 5,�,�I.1.[k.���ill h„prn�idcd�n pd%ipg nr r�J iartnai onl� A\TIQPATED PROFlI'S, LOSS BV REASO\ OF PLA�T SHLTDOWN, �ON-0PERATION OR
10.SF.T OFF.This Agr.cmem,L•ali 6c complcicl�mdcp:ndenl ef all o�h^.r cunlra.ls hWwcen lhe pames and ull INCREASED EXPE\$E OF OPERA'I70N.$ERVICE INTERRUPI'IONS.COST OF PURCHASED OR
pa�mtnts duc to SFLLtR I��:rccr.Cc:shall bc paid��hcn d:��x�d;!i�;l not b�sc:off ur appl�cd aga�nst em�rc:onc. REPI.ACE�1E\T POWER COST OF 110\EY.LOSS OF USE OF CMITAL OR RF.VB\UE OR A\\'
duc or clauncd�o bc duclro:n SELL�R m°L'RCH.4SER ca accoum of am�otn:r transaaion or claim OTHER INDIRECf. INCIDENTAL,SPECIAL,PU\ITIVE, F.XENPLARY,OR CONSEQUENTIAL
cxccpt for archn�al or s:�ur;�purposcs b)�ot�o u5:thc prcgrac�on an�.uinnuic:oih�r than tlic computrr urth LOSS OR DAINACE,WHETHER ARISING FROM DEFECI'S.DELAY,OR FROM.4NY OTIIER
��hich n is supphcd.and„;o lunu a:x,s lo lh:program to:nosc of us:molu�ws xSo arc nccr,san�W permrt CAUSE WF1pT$OEVER
au�hon.cd usr of�hc program PC�tC1iAS5R afms�n�rc:itc i�A hc hocnd b�ihc t�rms of am�so(nvarc hccnsc RF.�7S/0.4'Dd'!'!i Sl:'�IEMRh7i?010
PROPOSAL
Ovivo USA,LLC
1?�6 Rrverboat Road•Suite 300•Salt 1_ake City,l;tah 84123-2�83 USA
Tel (801)931-3000•Fax (801)931-3080
��utiv ovrvotiater com
O���O Proposal No.01122016—CL
Proposal Date:January 12, 2016
w�aa E�m Wate►TreaRme�R Page 9 of 9
NORTH AMERICAN
FIELD SERVICE RATE SHEET
Effective January 1, 2013
Standard (Travel) Daily Rate (8 hour day) $ 1,200.00
Hourly Rate (4 hour minimum) $ 150.00
Standard (Labor) Daily Rate (8 hour day) $ 1,200.00
Hourly Rate (4 hour minimum) $ 150.00
Saturday Daily Rate (8 hour day) $ 1,800.00
Hourly Rate (4 hour minimum) $ 225.00
Sundays/Holidays * Daily Rate (8 hour day) $ 2,400.00
Hourly Rate (4 hour minimum) $ 300.00
Overtime ** Hourly Rate-Standard Day $ 225.00
Hourly Rate- Weekends & Holidays $ 300.00
* Except Christmas Day and New Years Day
** For al► hours worked over eight(8) hours per day
URILESS�v HERWISE ARR,4f�GED; EXPENSES ARE CHARGED AT ACTUAL COST PLU510%
Please Note:
o All of the rates provi�+ed are portal to portal. In addition, travel and living expenses will be
invoiced ai actual cost PLUS 10 %and documentation will be provided for these expenses. lf a
fixed Per Diem rage is required, it will be charged at $250.00 per day (lodging and meals)
with the exception of the East Coast where the price will be $300.00J. Travel on Saturday,
Sunday or Holidays, and after 8 hours per day will be billed at the overtime rate.
� Use of Ovivo Fleet vehicles for travel will be charged at the rate of$0.56 per mile.
� � � � � � t� �
Ovivo USA,LLC
�Z�IF Rrverboat Road•Suitc 300•Salt Lal:e City,Utah 84123-2�83 USA
Tel (801 j 931-3000•Fax.(801)931-3080
�a��w ovrvowater com
AGENDA BILL J
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Purchase of four 2016 Ford Study Session Date: January 27, 2016
Interceptor Utility Vehicles from Columbia COUNCIL MEETING Date: February 3, 2016
Ford Nissan of Longview, WA Department: ERR
Presenter: Jim Orton
Phone: (360) 473-5359
SUMMARY: The approved 2016 budget shows replacement of four Police patrol vehicles. The
standard patrol vehicle is the Ford Interceptor Utility Vehicle. Staff requests to replace four 2009 Ford
Crown Victorias which have met all requirements for replacement. The cost for these vehicles is
$134,163.23 including Washington State sales tax. The State contract for purchase is 03713 and the
authorized dealer is Columbia Ford Nissan of Longview, WA. This is for the vehicles only. The
replaced vehicles will be removed from the fleet.
ATTACHMENTS: Copy of quote from State Contract 03713
FISCAL IMPACTS (Include Budgeted Amount): Budgeted within the 510 fund $200,000.
STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation
STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION: Move to approve the purchase of four 2016 Ford Interceptor Utility
Vehicles from Columbia Ford Nissan of Longview, WA in the amount of$134,163.23 including
Washington State sales tax.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/07/15
�harles Ernst
F�om: NOREPLY@des.wa.gov �
Sent• Tuesday,January 05,2016 3:09 PM
To: Charles Ernst
Cc Steve.Hatfield@des.wa.gov
Subject Vehicle Quote-2016-1-48-BREMERTON,CRY OF-21801
�
VehFde Quotie'Number: 2016-1-48 Create Purdiase Request vew organizatlon �urchase requests
This is a quo�e only. You must create a purchase request to orcler this vehicle(s)
conaaa 8�Dealer Informatloe
Contract#:03713 � . _. -
! Dealer:Columbia Fwd Nissan(W403) Deal�Contact: Marie Teltinghlusen �
� 700 7th Avenue Dealer Phone: (360)423�3216c�187 �.
Longview WA 98632 Deal�Email: marietC�oolford.aom '
� _ ..�._ - - ��
Organiration intormadon
�v'Organizadon: BREMERTON,QTY OF-21801 �� �I
, � Email�cha�ips.emstf�a.breme�Gon.wa.us _..-� _ - _ . _.. .. , - .�_.�
Calor Optlons
�---- - - -
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.__Tax 6ce�npr. N �.. _ .�. . . _. .�1
Vehfde Optlona -
�Order Code Option Desaiptlon - . . --
;2016-502-001 2016 For+d Police InOer�epbor Utllity/SUV AWD(I�q�500A) ����0�1�� �•
;201Cr502-009 FYont Headlamp Lightlng Solution[Indudes base LED Low Beam/lnandesaent(Halogen)High Beam lieadlamp with High Beam Wi�Wag functlon and two 4 $813.00 $3,252.00 �
� (2)whibe redangutar LED�de warNng lights;Pre-wtre for grflle LED Iights,siren and F
speaker�60A;YViring,LED lights are induded;Conbdler"not°
Induded](Induded with Ready for the Road Pad�age)(When ordered as a s�nd-alone optfon,reoommend also ordering Cargo wri�Upfrt Pachage#67G or �
Ultlmate WiAng PacJcage#67U)(6�A}(See 2016-502-077 for Front Fkadtamp Housing Only optlon) i
i � - _ ..,�..�. j,
I 2016-502-017 Pre-Wiring for grille lamp,s'ven and speaker(60A) - _ 4 $47.00 $188.00 '�
�.__...__ _. _ — —_--- . :-. . .,.. _.._—�.. �_ _- �—�
1',
;2016-502-019 Noise Suppres�ion Bonds(C�To�uid StrdpsX60R) -- . :.� _ . 4___... �.00 $360�.00 ,
;2016-502-020 Side Marker LED,Sideview Mimcrs(Driv�sfde-Red/Passeng�side-81ue)(Located on baddde of e�rior mimor housing)(LED lights only.Wir(ng and 4 $259.00 �1,036.00 �
; aontroller"no�'induded.)(Must also ord�P�wiring for grtlle lamp,siren and speaker#60A)(63B) �
- �
�2016-502-033 Dark Car Feature(courbesy lamp disable when arry door�s opened)(43D) 4 $16.00 �64.00 !
�.�.�� _ . . - — _ 1
;2016-502-035 Dome L�rip-Rec�WhiGe in Cargo Area(lTn 4 $46.00 #184.00 j
-.—. - - ,
i 2016-502-037 Doors/Lodcs:Rear poor Handles lnopera6le/Lodcs Inoperable(68G� ir 4 $33.00 �132.00 i
i
�2016-502-045 Rear Cor�sole Plabe(wtring aonduit finm front consde plabe tio rear seat)(WA with Intaior Upgrade Padcage#65U or Front Consde Plete DeleLe#85D) 4 $32.00 �128.00 !
�ssa> 1
__-- . _... — — �
,
�2016-502-046 Reverse Sensing SysLem(76i� �__��� �� 4 $245�00 �980`00 �
i
f 2016-502-048 Remappable(4)swibd�es on steering Nrt�ed('if ordered witll SYNC,indudes Vdoe ButOon)(61i�/61S) 4 $139.00 $556.00 ;
•2016-502-052 Spot Lamp,LED Bulb,Driver Ony(Unity)(51R) � �� 4
$355.00 $1,420.00 �
i�
�2016-502-063 DeflecGor Plate(sGd on EcoBoost engfne)(76D) 4 $298.00 $1,192.00 �
,
�!2016-502-066 Two-Tone vrryl Wrap Package#1,Whibe(Roof,RH/LH FraM Doors,RH/LH Rear poors)(91A) 4 $748.00 $2,992.00 i
i
'2016-502-209 ManuaLs,Serviae(CD)(OLR) 4
$221.00 $884.00
I 2016-502-210 Service Wiring Dfagram.Paper(DLR) 4 �.ap �qg.� i
'2016-502-211 Mud Flaps,HD Plasdc(Set of 4)(DLR) 4 $90.00 $360.00 �
,2016-502-212 Undemoatlng(DLR) .. - - -- 4 $95.00 $380.00 I
_.�.� - �
'2016-502-213 P�h Bumper Upgrade,HD Fender Wraps(Sedna PBS)(bo be ordered wift�S�na Push Bumpers)(DLR) 4 $364.00 $1,456.00 ;
�.� __..�„ _ �
i 201f�502-215 Push Bumper,Lighted Pursuit,Fro�/Side Red/Blue LEDs,Describe Setlna PB450L4(DLt� 4 $785.00 $3,140.00 �
l _..
- - s
�2016-502-219 Ylfindow Barriers,Rear Ooors,Polycarbonate Panels(See�na)(Mt�st al90 ord�Hidden Plunger or Inoperable Rear poor Lncks#67H,#68G,#52H ar#52P) 4 #195.00 $780.00 �
' (Ir�lle�(DLR) _ _� `. _._ ,.�
Quotie Totals
Total Vehtdes: 4
� Sub Total: $126,180.00 �
: , 83 9�6 Seles Ta�c $10,472.94 j
._,�_... ---- ' QuoLe Tot�: $136,652.94.1
' � �, f. � ^--- -� _ �Y - I
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- Vehicle Standard Specifications And Additional Information Page 1 of 3
p, Vehicle: 2016 Ford PoGce interceptor Utility/SW AWD ' •
Contract#: 03713 -Police Vehicles
Dealer: Colwnbia Ford Nissan
Vehicle Standard SpeciScations And Additional Information
Specification Description Specification
� 2016 Ford Police Interceptor SIJV/Utility AWD K8A/SOOA
3.7L V6 Ti-VCT Police-Calibrated Engine(304 Hl�(279 99R
Ft.Lbs. TQ @ 4000rpm)
� 6-Speed Automatic Police-Calibrated Transmission �C
' (Column Shifter)
3.65 Axle Ratio FCY/STD
AWD Drivetrain FCY/STD
4Wheel HD Disc Brakes with HD Front and Rear
Calipers,ABS Anti-Locking Braking System with FCY/STD
Traction Control '
HD Electric Power-Assist Steering(EPAS) FCY/STD
HD 220 Amp Alternator FCYlSTD
HD 78-Amp 750CCA Battery FCY/STD
Cooling System:HD Large,High-Volume Radiator, FCY/STD
Engine Oil Cooler and Transmission Oil Cooler
Engine Hour Meter FCY/STD
245/SSR 18 All-Season BSW Tires FCY/STD
HD Steel Wheels,Vented with Center Cap FCY/STD
Full-Size Spare Tire with TPMS FCY/STD
Flooring: HD Vinyl(Black) FCY/STD
Power Adjustable Pedals FCY/STD
Seats:Front Cloth Buckets(built-in steel int�vsion plates
in front seat backs), 6-Way Power Adjustable Drivers FCY/STD
Seat with Manual Lumbaz,Rear Cloth 60/40 Split
Cloth Headliner,Easy to Drop FCY/STD
Rear Video Camera with Washer(video displays in FCY/87R
rearview electrochromic muror)
Blind Spot Monitoring.(BLIS)(Includes Heated FCY/SSB
Sideview Mirrors)
SYNC Basic Voice-Activated Communications System
(Includes single USB port and single auxiliary audio FCY/53M
inputjack)
AdvanceTrac w/RSC(Roll Stability Control)with FCY/STD
police tuned gyroscopic sensors
Exterior Key Locks: Driver,Passenger and Liftgate FCY/STD
FCY/STD
t1�S:��fOItiCSS.WS.QOV/�A/8DD3/CARSNehicle4necifir.atinna acnv�;�i-�d� �ic r�n�c
. Vehicle Standard Specifications And Additional Information Page 2 of 3
Power Windows with One-Touch Up/Down Front Driver • .
a and Passenger
NEVJ-'Liftgate Release Switch-=-located in Overhead
Console;Liftgate Membrane will remain unlocked for 45 FCY/STD
seconds before timing out.
18.6 Gallon Fuel Tank FCY/STD
Roof-Mounted Antenna FCY/STD
Privacy Glass:2nd Row,Rear Quarter and Liftgate FCY/STD
NEW--Headlamps: LED Low Beam;Incandescent FCY/STD
(Halogen)High Beam
Power Locks,Windows,Mirrors FCY/STD ,
Climate Control/Air-Conditioning:Manual, Single- FCY/STD
, Zone
Glovebox,Locking/non-illuminated FCY/STD
Interior Lighting: 1 st row tesk lights, 1 st row red/white FCY/STD
dome lamp,2nd mw map light
Power points: (2) 12V in 1 st row FCY/STD
Cruise Control,Manual Tih Steering Wheel FCY/STD
Airbags: Driver and Fmnt Passenger, Side Seat,Roll FCY/STD
G�u�tain Airbags and Safety Canopy
Seat Belts,Pretensioner/Energy-Management System w/ FCY/STD
Adjustable Height in 1 st Row
NEW: Tire Pressure Monitoring System(TPMS) FCY/STD
(Individual Tire Message Alerts/Readings)
AM/FM/CD/MP3 Capable/Clock/6 Speakers FCY/STD
Recovery Hook,Rear Only (Not included with 3.SL FCY/STD
EcoBoost Engine)
Simple Fleet Key(no micmchip),4 Keys Total 4 Keys
Rear Window Defroster,Dual Speed Wiper FCY/STD
Front Speed-Sensitive Intermittent Windshield Wipers FCY/STD
3-Year/36,000 Miles Bumper-to-Bumper FCY/STD
5=yeaz/ 100,000 Miles Powertrain CARE Extended FCY/STD
Service Plan(zero deductible)
Tire chain compatible as equipped above Yes
Height Adjustable Front Seat Belts Included Yes
Height Adjustable Driver's Seat Included Yes
EPA Estimated MPG City 16 Hwy
21
Vehicle Emission Level Certification(CA) Tier2 BinS
Mercury Content: None
NHTSA Crash Test Ratings Frontal,
Driver- S
httus://fortress.wa.gov/galapps/CARSNehicleSpecifications.aspx?id=242 1/S/2016
, Vehicle Standard Specifications And Additional Information Page 3 of 3
NHTSA Crash Test Ratings Passenger- • .
. NR
.t
NHTSA Crash Test Ratings Side,Front-
5
NHTSA Crash Test Ratings Side,Rear-
NR
� NHTSA Crash Test Ratings Rollover-4
Days to deliver af�er receipt of order 60 TO 120
Starting Date of Model Year Production OS/04/15
Available Regular Production Exterior Paints
(M=Metallic):Oxford White;�Shadow Blacl�,Medium
Tit�anium M,Ingot Silver M,Light Blue M,Sterling Gray
M, Silver Grey M,Arizona Beige M,Royal Blue,LJltra
Blue,Norsea Blue M,Dark Toreador Red M,Medium
Bro
VSO Special Paint(Call Dealer for Availability and
Pricing)
httns://fortress.wa.sov/ea/auvs/CARSNehicleSpecificati�ns.aspx?id=242 1/5/2016
AGENDA BILL K
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Purchase of one 2016 Dodge Study Session Date: January 27, 2016
1500 Pickup from Bud Clary Chrysler podge COUNCIL MEETING Date: February 03, 2016
of Longview, WA Department: ERR
Presenter: Jim Orton
Phone: (360) 473-5359
SUMMARY: The approved 2016 budget shows a replacement in Water Resources of a 2006
Chevrolet Colorado P/U. The requested replacement is a 2016 Dodge 1500 P/U with all required
options per state contract 03813 quote 2016-1-232 in the amount of$38,098.30 including
Washington State sales tax. The authorized dealer is Bud Clary Chrysler podge, Longview WA. The
replaced vehicle will be removed from the fleet.
ATTACHMENTS: Copy of Washington State Contract 03813, quote 2016-1-232
FISCAL IMPACTS (Include Budgeted Amount): Budgeted within the 510 fund at $35,000
STUDY SESSION AGENDA: � No Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION: Move to approve the purchase of a 2016 Dodge 1500 4X4 P/U from
Bud Clary Chrysler podge of Longview, WA in the amount of$38,098.30 including Washington State
sales tax.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/07/15 ,
From: NOREPLYCaldes.wa.aov
To: i 0 0
Cc: Steve.Hatfield(aldes.wa.gQv
Subjed: Vehide Quote-2016-1-232-BREMERTON,CITY OF-21801
Date: Tuesday,]anuary 12,2016 1:02:39 PM •
Vehicle Quote Number: 2016-1- Create Purchase Request View organization purchase
232 reauests
This is a quote only. You must create a purchase request to order this vehicle(s)
Contract&Dealer Information
. Contra# 03813
Dealer: Bud Clary Chrysler podge(W262) Dealer Contact: Becky Davis
Dealer Phone: (360)423-1700
Organization Information
Organization: BREMERTON,C1lY OF-21801
Email: jim.orton@ci.bremerton.wa.us
Color Options
Bright White Clear(PW7)- 1
Tax Exempt: N
Vehicle Options
Order Code Option Description Qty Unit Price Ext.Price
2016-841-001 2016 Dodge Ram 1/2 Ton Pickup(4WD),Extended Cab(DS6L41)(140in 1 $25,523.00 $25,523.00
WB-6'4"box)
2016-841-005 Bedliner,Spray On(Factory Standard under Rail with Bed Rail Protectors) 1 $325.00 $325.00
(XM9)
2016-841-012 Reverse Sensing System,Back up Camera(XAC) 1 $350.00 $350.00
2016-841-019 3.OL EcoDiesel V6 with 8 speed transmission.240HP&420 ft/Ibs Torque. 1 $6,770.00 $6,770.00
Rated at 28 MPG highway.620 compatible.(286)
2016-841-024 RamBox Cargo Management System(X69) 1 $1,295.00 $1,295.00
2016-841-201 Cab Steps-hoop step for the front doors only(DLR) 1 $275.00 $275.00
2016-841-202 Manuals,Service(DLR) 1 $483.00 $483.00
2016-841-206 Undercoating(DLR) 1 $190.00 $190.00
Quote ToWls �
Total Vehicles: 1
Sub Total: $35,211.00
8.2%Sales Tax: $2,887.30
I Quote Total: $38,098.30