HomeMy WebLinkAbout07/20/05 AGENDA
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CITY COUNCIL 345 6th Street, Suite 603, Bremerton, WA 98337-1873 0J (360) 473-528(),
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JULY 20, 2005
CITY COUNCIL MEETING AGENDA
1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL
A. General Council Business
2.
CALL TO ORDER: 5:30 P.M. in
A. Pledge of Allegiance
B. Invocation
LOCATED ON
3. MAYOR'S REPORT
4. PUBLIC SERVICE ANNOUNCEMENTS
5.
CONSENT AGENDA
A. Claims & Check Register (#AB05-151)
B. Minutes of Meeting - June 15, 2005 (#AB05-152)
C. Minutes of Meeting - June 29, 2005 (#AB05-153)
D. Minutes of Meeting - July 6,2005 (#AB05-154)
E. Minutes of Meeting - July 13, 2005 (#AB05-155)
F. Purchase of Vermeer BC1400XL Brush Chipper from VERMEER NORTHWEST SALES of
Tacoma (#AB05-156)
G. Approval of Land Lease between the City of Bremerton and Donna Hammargren for
Sewage Pump Station EB-4 (#AB05-157)
H. Interlocal Agreement for Professional Services between Kitsap County and the City of
Bremerton for environmental assessments on Charleston Beach Road (#AB05-158)
I. Amendment to Interlocal Agreement between the City of Bremerton and Kitsap County for
Permitting Application Computing (#AB05-159)
J. Appointments of Debra Barnes (BREMERTON HOTEL) and David Tufts (HAMPTON INN) to the
Lodging Tax Advisory Committee (#AB05-160)
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6. PUBLIC HEARING
A. 2006 Draft CDBG/HOME Policy Plan and Application Public Hearing (#AB05-161)
7. GENERAL BUSINESS
A. Ordinance No. 4940, establishing a City of Bremerton Arts Commission and One Percent
(1%) Arts Program for City Funded Capital Projects (#AB05-162)
CONTINUED ON BACK...
II Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special
accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the
Council meeting.
7. GENERAL BUSINESS Continued....
B. Professional Services Agreement with RDG PLANNING & DESIGN for Phase II for BUILDING SO
MUSEUM and HARBORSIDE MEMORIAL PLAZA (#ABOS-148)
C. Contract between the City of Bremerton and Kitsap Transit for Use of City-Owned Rights of
Way for a portion of Callow Avenue and Fifth Street (#ABOS-163)
D. Take Home Vehicle Policy (#ABOS-164)
8. PUBLIC RECOGNITION
9. COUNCIL MEMBER REPORTS
10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
CITY COUNCIL MEETING
SPEAKERS LIST
PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF
BREMERTON MUST BE SUBMITTED IN WRITING.
THANK YOU.
PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO
SPEAK DURING THE COUNCIL MEETING TONIGHT
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'\/\IHEltEAS, lGtsap Regional Librarv '. founded on J\Ug~st 1, ~~~~ CountY
provided el<cellent Library service to the cItIZens of Brellle on an
for f,ftV vear5~ and
'\/\IHEltEAS our Ilbrarv plaYS a v.,tal role In providing IndiViduals with the
resources they n~ed to live, learn and wor\<. In the 21st centurY; and
'\/\IHEltEAS. our IIbrarv IS an ever-changing ?nd dynallllC ~Iace and
librarians hell' people of all ages find the Inforlllat\on they need, and
'\/\IHEltEAS, our librarv IS a place for opportunitY, education, self-hell' and
nfe\Ong learning ~ and
'\/\IHEREAS, our librarv opens the door to a worl~ of \<.nowledg<; both In
person and online, as well as persona.' service and assIstance In ftndlng the
inforlllatlOn we need. when we need It; and
. the "d\gita\
'\/\IHEltEAS, our librarv offers equItY of access, narrowIng
di\lide"j and
'\/\IHEltEAS, nbrarv patrons. I~brar~ns, librarv staff and volunteers are
celebrating l<.itsap Regional Librarv s SO JubIlee.
",0'\/\1, "THEltEfOltE, be it resolVed that we, the CItY Council of ~h: ~i1o~ as
Brelllerton do herebY proclallll the '\/\lee\<. of AUgust 1 thrOUg ,
/CitsaP Regiortai Library week
and encourage all citiZens to e\~bP\Oa~~t o~~~~::~ :~~I~;~ ~~~~:~~ec~~~~~~:
the trelllendoUS resource our I r .,
doors.
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{COUNCIL 3456'" street. suite 600, ere",ertoll, VII" 98337"" l'''DIle (360) 473-5280
SIGNED thIS.;JtJ--'" daY of
2005,
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Daren tWgr:n: ~r~Side~t
'Brelllerton CitY Council
Di'" TE SUBh1ITTED:
BILL # D 5' .:-/5-;
AGENDA BILL
CITY OF BRElvfERTON
CITY COUNCIL
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ti~EGE~Gm@E~e~~ID~~E6E~E~~LIDEEE~mmEGEE~~~~E5B~~~~~B~~~~~~~D~~~~&G~D~~E~E~EmgEVEfi~~~~e-m~~~t
SUBJECT: Approval of Claims and Cheeks
Register
Comrnittee M.eeting Date:
COUNCIL JvffiETH.JG Date:' -; - ~O-O S-
Depmtment: Financial Services
Presenter: Cathy JolmsoIl
Phone: 473-5296
SITM:MARY: Consent agencla itelIL Approval of payroll, checks and electronic fund tmIlsfers.
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
fISCALIBUDGET:
OPERATIONS:
COUNClL PRESIDENT:
CONSENT AGENDA !Zl
RECOMMENDED MOTION: Move to Approve:
1) Check#'s .30) ;).13 through 36/ Y'~)andEFT's ~~through Wtit
in the amount of$ !, h ~027.. C, y
2) Regular Payroll for the pay period ending in the amount of $ . .
3) Retiree Payroll for the pay period ending
in the amount of $
COUNCIL ACTION: ~~pprove 0 Deny 0 Table
o Continue 0 No Action
DATE SUBMITTED:
/':'- - j' /- -)
BILL # U::' ,:;> c-,.<o..,
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
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........................................................................................
N/A
ftt ~ ~ OJ ~ ooS-
City ouncil
Daren Nygren,
Council President
Phone: (360) 473-5280
SUMMARY: Attached are the minutes for the Council Meeting held, .:JZ..11G- I~ ~OOS
SUBJECT: Minutes of Meeting -
.....,-
.JlAn<.. I~ d...oo5"
I
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
ATTACHMENTS: Minutes for .tUne, I~ ;;. oaS'
I
FISCAL IMPACTS (Include Budgeted Amount): 0
APPRO V ALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
CONSENT AGENDA rgJ
~~
RECOMMENDED MOTION: Move to pass the Consent Agenda as presented.
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, June 15, 2005
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton,
Washington, Wednesday, June 15, 2005, at 5:30 PM, with Council President Daren Nygren
presiding. Council members present were Mike Short, Will Maupin, Carol Arends, Dianne
Robinson, Mike Shepherd, Wendy Priest, Cecil McConnell, and Brad Gehring. Also present
were City Attorney Roger Lubovich; City Clerk Paula Johnston; and Legislative Assistant Lori
Smith.
The Pledge of Allegiance was led by Council Member Cecil McConnell; followed by the
invocation provided by Council Member Dianne Robinson.
President Nvaren made the following announcements:
1. A Pre-Council session was held in Council Conference Room 603 from 5:00 to 5:30 PM;
which included a 15-Minute Executive Session to discuss a "REAL ESTATE ACQUISITION" per
RCW 42.30.110 (1) (b);
2. Council Members also heard a presentation from Gary Sexton, Economic Development
Director on the "Professional Services Agreement with RDG PLANNING & DESIGN for Phase
II for completion of construction documents, design for casework, and exhibit displays FOR
BUILDING 50 MUSEUM and its' immediate surroundings and completion of construction
documents for HARBORSIDE MEMORIAL PLAZA; and
3. Reminded citizens that information on upcoming Council Meetings can be found on the
City's website at www.ci.bremerton.wa.us. or by calling the Council office at (360) 473-5280.
MAYOR'S REPORT - Mayor Bozeman...
. Believed that a construction agreement for waterfront condominiums is nearly finalized;
. Announced that the City is working with the Navy on establishing joint use of the Navy
Parking Garage after hours;
. Informed them that Gary Sexton, Economic Development Director is currently working on
access to the Maritime Park project area;
. Will be bringing recommendations on the sale of the old Fire Station in the next few weeks;
. Stated that about $75,000 is needed to fund the Public Links Golf Tournament;
. Mentioned that Council Members are currently reviewing possible locations for the Municipal
Court;
. Thanked Laura Lyon, Financial Services Director for putting together a proposal to update
BKAT;
. Pointed out that bids for Marina improvement may go out later this year;
. Hoped that construction at East Park could begin late spring or early summer 2006;
. Announced that the recommendations of the Citizens' Advisory Committee regarding the
proposed consolidation of the housing authorities should be presented next week;
. Was pleased that the Blue Ribbon Children's Committee has been meeting to address
needs of the community such as before and after school programs, and day care;
. Provided updates on the Kitsap Credit Union, Anthony's Restaurant, Martin Luther King Jr.
Library, Skatepark, Harborside Trail, and Elanden Gardens; and
. Announced that any family who is willing to host a Japanese student from July 4 -22 as part
of the Sister City Exchange Program may contact Elaine Valencia at (360) 473-5266.
City Council Reg. Mtg. Minutes
Wednesday, June 15, 2005
Page 2 of 6
On behalf of the Mayor, Council President Nvaren proclaimed June 18, 2005 as the "Annual
Washington Juneteenth National Holiday", which was accepted by Robert Boddie,
President of P.O.W.E.R., on behalf of the COMMUNITY LEADERSHIP COALITION AND ALLIANCE
(CLCA). Citizens were invited to attend the Juneteenth National Holiday at Evergreen Rotary
Park on Saturday, June 18, 2005.
CONSENT AGENDA
A. Check Numbers 300524 through 300590 and EFT-8377 through EFT-8388 in the amount
of $834,892.00; Regular Payroll in the amount of $686,233.58 for the pay period ending
May 31, 2005; and Retiree Payroll in the amount of $71,520.86 for the pay period ending
May 31, 2005 (#AB05-132)
B. Minutes of Meeting - June 1, 2005 (#AB05-133)
C. Minutes of Meeting - June 8,2005 (#AB05-134)
D. Purchase of New Holland LB-90B Backhoe from COASTLINE TRACTORS of Everett (#AB05-
135)
E. Request to Upgrade Records Specialist I to Records Specialist II in the Police Department
(#AB05-136)
F. Bid Award for the Bremerton East Park Skate Park Construction Project to T.F. SAHLI
CONSTRUCTION of Seahurst (#AB05-137)
5:47:40 M/S/C/U (Priest/McConnell) Move to approve the Consent Agenda as presented.
6A - RESOLUTION NO. 2964 NAMING THE NEW POLICE HEADQUARTERS THE ART
MORKEN LAW ENFORCEMENT CENTER (#AB05-138): Police Chief Robert Forbes
summarized that Art Morken dedicated 44 years to law enforcement in Bremerton and Kitsap
County. He instilled respect for law enforcement and was devoted to the community. The
proposed resolution recognizes Mr. Morken's contribution to the community and names the new
police headquarters the ART MORKEN LAW ENFORCEMENT CENTER.
Mel Wortman expressed his excitement at seeing this action before the Council, and thanked
them for their support.
Bill Mahan was proud to see the City honor Art Morken in this way, and thanked the Council for
their support of this Resolution.
Fond memories of Art Morken were expressed by several members of the CouncH; and
Council President Nygren recognized members of the Morken famHy who were in attendance
at the meeting tonight. He also noted that they would be contacted as soon as the ground-
breaking ceremony was scheduled.
5:57:48 M/S/C/U (Shepherd/Arends) Move to pass Resolution No. 2964 naming the new police
headquarters the ART MORKEN LAW ENFORCEMENT CENTER.
68 - RESOLUTION NO. 2965 AUTHORIZING A SOLE SOURCE CONTRACT FOR THE
PURCHASE AND INSTALLATION OF A PL YMOVENT DIESEL VEHICLE EXHAUST
EXTRACTOR SYSTEM FOR FIRE STATION NO.1 FROM AIR EXCHANGE, INC I#AB05-
139): Fire Chief AI Duke explained that the proposed resolution waives the bidding
requirement and authorizes a sole source contract for the purchase and installation of a
Plymovent diesel vehicle exhaust extractor in Fire Station NO.1. The contract amount is
$81,992.41, including sales tax.
City Council Reg. Mtg. Minutes
Wednesday, June 15,2005
Page 3 of 6
There were no comments from the public.
6:00:33 M/S/C/U (Priest/Robinson) Move to pass Resolution No. 2965 to waive the bidding
requirements and authorize a sole source purchase and installation of a Plymovent diesel
vehicle exhaust extractor system from AIR EXCHANGE, INC.
6C - RESOLUTION NO. 2966 APPROVING AND AUTHORIZING A SOLE SOURCE
CONTRACT TO GOLF PLUS CONSTRUCTION. INC. FOR CONSTRUCTION OF A WATER
POND FEATURE AT GOLD MOUNTAIN GOLF COMPLEX (#AB05-140): Ken Mickelson,
Parks & Recreation Director, pointed out that the proposed resolution waives the bidding
requirements and authorizes a Sole Source Contract for construction of a water pond feature at
the 18th hole on the Olympic Course at Gold Mountain Complex. The contract amount is
$59,597.51, including sales tax. It was also noted that this issue was discussed thoroughly
during meetings of the Gold Mountain Golf Complex Board of Directors.
There were no comments from the public.
Mr. McConnell, Mr. Maupin, and Mr. Gehring provided comments in support of this contract.
6:05:26 M/S/C/U (McConnell/Arends) Move to pass Resolution No. 2966 waiving the bidding
requirements and authorizing an award of a Sole Source Contract to GOLF PLUS
CONSTRUCTION, INC. in the amount of $59,597.51, including sales tax, for construction of a
water pond feature on the Olympic Course at the Gold Mountain Golf Complex.
6D - RESOLUTION NO. 2967 AUTHORIZING APPLICATION FOR FUNDING ASSISTANCE
TO THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION (lAC) FOR THE
ACQUISITION OF THE PLUMBERS AND STEAM FITTERS UNION PROPERTY (#AB05-
141): JoAnne "Jodi" Wroblewski, with Parks & Recreation, stated that the City of Bremerton
Parks & Recreation Department has the opportunity to purchase the Plumbers and Steam
Fitters Union property that is adjacent to Evergreen-Rotary Park. They are applying to the
Interagency Committee for Outdoor Recreation (Land and Water Conservation Fund) for 50%
of the purchase cost. The City's match will be derived from the proceeds of the sale of the
SR-3 property in the Parks Capital Fund.
There were no comments from the public.
Ms. Priest suggested that if the building were ultimately planned for demolition, perhaps as an
alternative, it could be used as an art studio.
6:10:00 M/S/C/U (Shepherd/Priest) Move to adopt Resolution No. 2967 authorizing the
application for funding assistance to the Interagency Committee for Outdoor Recreation (lAC)
for the Acquisition of the Plumbers and Steam Fitters Union Property; and further authorizing
the application for an EPA Brownsfields Grant for Assessment and Removal of Hazardous
Substances on the property.
6E - RESOLUTION NO. 2968 APPROVING THE FINAL RE-PLAT DRAWING OF THE OTIS
AMENDMENT OF THE IVY GREEN CEMETERY (#AB05-142): Ken Mickelson, Parks &
Recreation Director, mentioned that in order to optimize the number of burial plots available at
Ivy Green Cemetery, the City has re-platted a portion of the cemetery. The re-plat will be
known as the Otis Amendment.
There were no comments from the public.
City Council Reg. Mtg. Minutes
Wednesday, June 15, 2005
Page 4 of 6
Ms. Arends was pleased with the recent improvements at the cemetery and hoped that the
proposed changes may lead to more marketing of the area.
Ms. Robinson observed that cemetery has been well kept and was supportive of the
amendment.
Mr. Shepherd recalled how Mr. Otis interacted with neighborhood children and how well he
took care of the cemetery grounds.
Mr. Nvaren thanked Mr. Mickelson for finding ways to improve the funding mechanism for the
cemetery to ensure the care of the cemetery.
6:15:21 M/S/C/U (Robinson/Short) Move to pass Resolution No. 2968 approving the final re-
plat drawing of the Otis Amendment of the Ivy Green Cemetery; and authorizing the City
Council President, Mayor, City Clerk, and Director of Community Development, as appropriate,
to sign the final re-plat drawing in preparation for recording with Kitsap County.
6F - RESOLUTION NO. 2969 ACCEPTING THE PETITION FOR ANNEXATION SUBMITTED
BY THE CASH/SCHOURUP (#AB05-143): Chris Huao, Community Development Director,
explained that the City received the subject annexation petition from William Palmer on behalf
of Cash/Schourup on April 25, 2005. A prior petition in December 2004 was withdrawn by the
applicant at the suggestion of the DCD Director, pending Council establishment of an
annexation program in the 2005 budget. The subject area is situated within an "island" of
unincorporated property in the Werner Road area, and an area wide annexation can be initiated
by the City to incorporate the entire island. Countywide Planning Policies stipulate procedures
for coordination with the County, and DCD will soon have staff to commit the process.
However, an island annexation is not possible for action within the 60-day legal time limit for
response to the Cash annexation.
Helen Miller questioned if the County supported this action. Mr. Huao responded that the
property is unincorporated County land within the City's Urban Growth Area. The County
adopted its growth plan in 1998 the County recognized that incorporation was a possibility.
Mr. McConnell asked if all the residents of the area have been informed. Mr. Huao answered
that there has been initial discussion regarding the northern part of the property, but further
action will include getting 75% of the neighborhood's support for the incorporation.
Mr. Short asked what would happen if there is not enough support. Mr. Huao responded that
if 75% support is not reached then the annexation does not proceed and the process could start
over.
Mr. Shepherd suggested that the City obtain as much of the industrial area as possible to bring
in more revenue. He also asked if any sales tax activity is involved with the businesses. Mr.
Huao was uncertain about what kind of activity was going on in those buildings. He added that
there are plans for economic development and parking improvements.
Mr. Maupin asked the Council to consider what the value would be to the City for annexing the
island and how much it would affect a future action to annex the entire island.
Mrs. Arends believed that this is a worthwhile step in moving the City forward and supported
the annexation.
Mr. McConnell agreed that this proposal would be the best way to beginning the process of
annexation.
City Council Reg. Mtg. Minutes
Wednesday, June 15, 2005
Page 5 of 6
Mr. Gehrina believed that annexation efforts must be continued so the areas can be
developed.
Mr. Shepherd requested clarification of the attachments which describe the property. Mr.
Huao, Ms. Johnston, and Mr. Lubovich subsequently determined that Exhibit B was the
correct exhibit.
Mr. Short asked if the applicants agreed with the proposed annexation. Mr. Huao responded
yes.
6:47:20 M/S/C/U (Arends/Short) Move to pass Resolution No. 2969 accepting the
Schourup/Cash Annexation Petition as amended.
6G - ORDINANCE NO. 4939 CREATING CHAPTER 2.82 OF THE BREMERTON MUNICIPAL
CODE, ESTABLISHING CRITERIA AND PROCEDURES FOR NAMING CITY PARKS AND
OTHER PUBLIC FACILITIES (#AB05-144): Roaer Lubovich, City Attorney, stated that the
current provisions of the Bremerton Municipal Code (BMC) do not provide criteria or procedures
for naming City parks and public facilities; therefore, this proposed ordinance establishes the
criteria and procedures for naming City parks and other public facilities.
There were no comments from the public.
6:51 :22 M/S/C/U (Short/Priest) Move to pass Ordinance No. 4939 creating BMC 2.82
establishing.criteria and procedures for naming City parks and public facilities.
PUBLIC RECOGNITION
Del Knauss passed out a copy of a utility bill from the City of Seattle as an example of a bill he
would like to see used in the City of Bremerton which itemizes how the money is spent; also, he
requested that the current Council members explain to the constituents why they think they
"deserve" the pay raise being proposed by the Commission on Council Salaries. President
Nvaren requested the City Attorney to research whether or not the Council is allowed to
express their opinion of any proposals submitted by the Commission on Council Salaries.
Don Larson encouraged the City to provide funds for Eagle Scout Candidate Andrew Owen for
a joint project with Kitsap Trees and Public Works. Citizens who wished to donate funds may
contact him at (360) 373-7593 or dolarson@qmail.com.
COUNCIL MEMBER REPORTS
Brad Gehrina congratulated the Class of 2005 from Bremerton High School, which includes his
son Kyle Gehring and his niece Lindsey Beane.
Mike Shepherd commented on the Youth Commission Meeting he attended; and discussed
transportation issues like mass transit and air pollution.
Dianne Robinson reiterated information about the Juneteenth Celebration to be held this
Saturday at Evergreen-Rotary Park.
Carol Arends congratulated Kyle Gehring and the graduating Class of 2005; and congratulated
the Bremerton Central Lions Club on celebrating their 80th Anniversary which was celebrated at
their installation dinner last Saturday night; and reported on several meetings she attended last
week including the CENCOM Board.
City Council Reg. Mtg. Minutes
Wednesday, June 15, 2005
Page 6 of 6
Will Maupin also attended several meetings last week, including the Marine Transportation
Committee on Monday where wake research from passenger-only ferries was the main topic of
the discussion.
Daren Nvgren congratulated all the high school graduates of the area; recognized the
Bremerton Central Lions on their 80th Anniversary and particularly Lion member Jack Smalley
for creating the model for the eye bank donating corneas for transplant; and reminded citizens
that there would be no Council Meeting held on Wednesday, June 22nd because a majority of
the Council Members would be attending the Association of Washington Cities Conference in
the Tri-Cities that week. The next Council Meeting will be held on June 29th.
With no further business, the meeting of the City Council was adjourned at 7:08 PM.
Prepared and Submitted by:
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LORI SMITH . "'~ .
Legislative Assistant
Attest:
PAULA JOHNSTON, City Clerk
DAREN NYGREN, City Council President
DN/P Jlls/cge
DATE SUBMITTED:
BILL# 05-15~~
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
6G
........................................................................................
N/A
.Ji..~ ..J 0 J /) bS'
City ouncil'
Daren Nygren,
Council President
Phone: (360) 473-5280
SUMMARY: Attached are the minutes for the Council Meeting held. ::lien e. ~ 'l d. OO~
I
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
SUBJECT: Minutes of Meeting -
.:JiA I? e- :l. ~ ,1. ooS'
ATTACHMENTS: Minutes for .Jt.t.tJt:- ~ Cf :J ODS"
I
FISCAL IMPACTS (Include Budgeted Aniolint): 0
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
CONSENT AGENDA ~
~~
RECOMMENDED MOTION: Move to pass the Consent Agenda as presented.
COUNCIL ACTION: n Aunrove n Denv n Tahle
n ('nntimlP n 1\.1... ^ "t,...",
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, June 29, 2005
The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council
Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington,
Wednesday, June 29, 2005, at 5:30 PM, with Council President Daren Nygren presiding. Council
members present were Mike Short, Will Maupin, Dianne Robinson, Mike Shepherd, Wendy Priest, Cecil
McConnell, and Brad Gehring. Council Member Carol Arends was absent. Also present were City Clerk
Paula Johnston and Council Assistant Christine Grenier.
The Pledge of Allegiance was led by Council Member Cecil McConnell; followed by the invocation
provided by Reverend Ron Anderson of Manette Community Church.
PUBLIC SERVICE ANNOUNCEMENTS
Reverend Anderson announced that the Manette Block Party would be held on September 10, 2005.
Mike Shepherd invited the public to attend the First Friday Art Walk on Friday, July 1, 2005.
CONSENT AGENDA
A. Check Numbers 3005914 through 301011; EFT-8389; EFT-8392 through EFT-8904; EFT-8406
through EFT-8426; EFT-8429 through EFT-8430, 8390P through 8391P; 8405P; and 8427P through
8428P in the amount of $1 ,832,840.26; and Regular Payroll for the pay period ending June 15, 2005
in the amount of $651,314.81 (#AB05-145)
5:31 :30 M/S/C/U (Priest/McConnell) Move to approve the Consent Agenda as presented.
With no further business, the meeting of the City Council was adjourned at 5:32 P.M. The Council
remained in the Community Chambers for a 30-Minute StUdy Session to hear a presentation on "1 % FOR
THE ARTS". The Council then reconvened in Council Conference Room 603 for a Study Session to hear
presentations on upcoming agenda items.
Prepared and Submitted by:
~~J;L.;.
CHRISTINE GRENIER
Council Assistant
Attest:
PAULA JOHNSTON, City Clerk
DAREN NYGREN, City Council President
DN/PJlls/cge
DATE SUBMITTED:
BILL# 05- /51
AGENDA BILL
CITY OF BREJ\.1ERTON
CITY COUNCIL
5D
........................................................................................
Committee Meeting Date: N/ A
COUNCIL MEETING Date:~':t. ao, ;}.oo5
Department: City Council
Presenter: Daren Nygren,
Council President
Phone: (360) 473-5280
SUMMARY: Attached are the minutes for the Council Meeting held. ,JZ,,1y ", d..oo.s;
SUBJECT: Minutes of Meeting -
Jt.J:J t" I :;;'005"
ATTACHMENTS: Minutesfor :J:...1y 10, .:lObS"'
FISCAL IMPACTS (Include Budgeted Amount): 0
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
CONSENT AGENDA I:8J
~~
RECOMMENDED MOTION: Move to pass the Consent Agenda as presented.
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, July 6, 2005
The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council
Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington,
Wednesday, July 6, 2005, at 5:30 PM, with Council Vice-President Cecil McConnell presiding. Council
members present were Mike Short, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd,
Wendy Priest, and Brad Gehring. Council President Daren Nygren was absent. Also present were City
Attorney Roger Lubovich, City Clerk Paula Johnston, and Council Assistant Christine Grenier.
The Pledge of Allegiance was led by Council Member Dianne Robinson; followed by the invocation
provided by Pastor Dennis Payne II of Ebenezer African Methodist Episcopal Church.
President Nvaren announced that a Pre-Council session was held in Council Conference Room 603
from 5:00 to 5:30 P.M.
PUBLIC SERVICE ANNOUNCEMENTS
Ken Mickelson, Parks & Recreation Director, invited the public to attend the Ground Breaking
Ceremony for the Skate Park to be located in Eastpark on Thursday, July 14, 2005 at 12:00 Noon.
Vice-President McConnell presented the Association of Washington Cities (AWC) Award for
Outstanding Service in "Opening Doors to Diversity" to Council Member Dianne Robinson for her
collaborative efforts in creating the CD "The Sinclair Park Proiect", a collection of photos and stories
from African-American people and families living in Sinclair Park during World War II.
CONSENT AGENDA
A. Check Numbers 301012 through 301169; EFT-8431 through EFT-8436; and EFT-8440 in the
amount of $427,319.69 (#AB05-146)
5:32:35 M/S/C/U (Priest/Arends) Move to approve the Consent Agenda as presented.
6A - CLOSED RECORD HEARING AND RESOLUTION NO. 2970 REGARDING THE BRANDYWINE
PRELIMINARY PLANNED UNIT DEVELOPMENT AND PLAT (FILE NO. BP04-00404) (#AB05-147):
Robert Grumbach of the Community Development Department, explained that the Hearing Examiner
recommended the approval of a preliminary Planned Unit Development and plat (File No. BP04-00404)
to subdivide 9.45 acres of land into 70 individual lots for detached single-family residential development,
three open space tracts, a tot lot, a covered sports court, and guest parking, to be located on the east
side of Pine Road, approximately 200-feet south of Roswell Road. The recommendation includes 29
conditions to be imposed for final plat approval.
Mr. Lubovich outlined the rules for a closed record hearing; and emphasized that no public testimony
would be taken at this time. He instructed that Council must decide if it wishes to adopt, modify, or deny
the findings of the Hearing Examiner.
Vice - President McConnell read the Appearance of Fairness Doctrine and asked if any Council
Members feel they have 1) demonstrated bias or prejudice for or against any party to the proceedings
2) a direct or indirect monetary interest in the outcome of the proceedings 3) a prejudgment of the issue
prior to the hearing the facts on the record or 4) ex-parte contact with any individual, excluding
administrative staff, with regard to an issue prior to the hearing. All Council Members were seated.
Vice-President McConnell then asked if any member of the public believes any Council Member
should excuse themselves due to a conflict with the Appearance of Fairness Doctrine. All Council
Members remained seated.
William Palmer, representing the BRANDYWINE CORPORATION, was available to answer any questions.
City Council Reg. Mtg. Minutes
Wednesday, July 6,2005
Page 2 of 3
Vice-President McConnell emphasized that because this was a Closed Record Hearing, there would
be no public input.
Mr. Gehrino asked what fees would be levied for water, sewer, and storm water fees. Mr. Grumbach
answered that the fees would be based on rates set in City ordinances. Mr. Gehrino asked if parking
spaces would include garage parking spaces. Mr. Grumbach answered yes.
Mr. Shepherd asked who would monitor the conditions as provided by the hearing examiner. Mr.
Grumbach stated that Community Development and Engineering staff would review the conditions to
ensure that the applicant has met the conditions prior to final approval of the project.
Ms. Robinson asked if the project would include affordable housing. Mr. Grumbach stated that there is
no statement in the project description which shows there will be affordable housing included. Mr.
Palmer offered that the market price for the homes would range from $225,000 to 235,000 for an
individual home, but the actual price could increase by the time of project completion.
Mr. Maupin asked for clarification on the "building or shelter" listed in the project description. Mr.
Grumbach responded that it was a sports court that would have a roof, but no walls.
Ms. Priest asked if the applicant would be required to build differerlt facades on the homes. Mr.
Grumbach stated that the applicant submitted different, but consistent designs, and the project would
be allowed some flexibility if the market changes.
Mr. GehrinQ asked if there would be a periodic traffic survey done in the area once the project is
completed. Mr. Grumbach answered that per the recommendations from the City Engineer, no
additional monitoring would be required.
Mr. McConnell requested more information regarding parking restrictions. Mr. Grumbach pointed out
that there can not be parking within perimeter setbacks.
5:53:00 M/S/C/U (Short/Maupin) Move to pass Resolution No. 2970, approving and adopting the
Findings, Conclusions, and Recommendation of the Administrative Hearing Examiner; and approve the
preliminary Planned Unit Development and plat for the BRANDYWINE PUD subject to the proposed
conditions.
7,.. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT '.!'.'ITH RDG PLANNING AND
DESIGN FOR PHASE II OF BUILDING 50 AND HARBORSIDE MEMORIA.l PL~ PROJECT
('ItJ\S05148): Item 7A was pulled from the agenda...
7B - RESOLUTION NO. 2971 APPROVING BOUNDARY LINE ADJUSTMENTS FOR CAPITAL HILL
FIRE STATION AND FOREST RIDGE PARK (#AB05-149): Ken Mickelsen, Parks & Recreation
Director stated that the City performed a preliminary boundary survey of City property commonly known
as Capital Hill Fire Station and Forest Ridge Park, and discovered that adjacent residential property
owners have encroached onto the property. In order to resolve this issue, staff is proposing to sell to the
residential property owners the City property they have encroached onto. The attached boundary line
adjustments and quit claim deeds will resolve the encroachment issues and establish new boundaries
for the Capital Hill Fire Station and Forest Ridge Park.
There were no comments from the public.
Ms. Arends emphasized that after conversations with one of the property owners and City staff, that she
would support this action.
Ms. Robinson asked what the total cost would be for the recipients. Mr. Mickelson responded that the
amount ranged from $4,000 to $7,000.
City Council Reg. Mtg. Minutes
Wednesday, July 6, 2005
Page 3 of 3
Mr. Short asked if the City would be requesting a proposal for this property. Mr. Lubovich answered
that the Public Works Director would be submitting a request for proposal at a later time.
Mr. Gehrina would like to know where the proceeds would be going. Mr. Lubovich answered that the
proceeds would be diverted to the Contingency Fund.
5:58:55 M/S/C/U (Arends/Short) Move to pass Resolution No. 2971 approving the boundary line
adjustments; and authorizing the Mayor to execute quit claim deeds in favor of the residential property
owners adjacent to the Capital Hill Fire Station and Forest Ridge Park properties.
PUBLIC RECOGNITION
Helen Miller provided a letter outlining her concerns regarding 1) televising a study session 2) possibly
raising an additional tax to support the arts when the City has more pressing needs.
COUNCIL MEMBER REPORTS
Will Maupin commented on his observation of the stark contrast between Bremerton and Lake Chelan
with regards to use of fireworks.
Carol Arends commented on the difference between Richland and Bremerton regarding fireworks; and
reported on her attendance at the Association of Washington Cities Conference in Kennewick last week,
which she found very worthwhile.
Dianne Robinson announced that there would be a Community Block Party on Saturday, July 16th from
9:00 AM. to 12:00 Noon. Invited guests would include the Police and Fire Departments who will share
information on block watch programs and safety.
Mike Shepherd attended the First Friday Art walk and was pleased to see the community is supporting
local businesses; planned on attending the S~lmon Recovery meeting tomorrow; expressed concerns
over the amount of debris left behind from the fireworks and the flagrant use of illegal fireworks; and
announced that the District 4 and 5 Picnic will be held on Saturday, July 30th from Noon to 2:00 P.M. at
Evergreen Park which will include presentations on traffic and possible park expansion.
Brad GehrinQ was amazed by the amount of fireworks use this year; and wished his wife Patricia a
happy birthday.
Cecil McConnell expressed specific concerns about bottle rockets, which can end up on roofs; and the
litter remaining on the streets.
With no further business, the meeting of the City Council was adjourned at 6:11 P.M.
prepa~d and Submitted by:
~ ~,,-- :_,
CHRISTINE GRENIER
Council Assistant
Attest:
PAULA JOHNSTON, City Clerk
DAREN NYGREN, City Council President
DN/PJ/ls/cge
DATE SUBMITTED:
BILL# 05- /S 5
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5E
........................................................................................
Committee Meeting Date: N/ A
COUNCIL MEETING Date: ,10 iy :J-o l dOoS-
Department: City Council
Presenter: Daren Nygren,
Council President
Phone: (360) 473-5280
SUMMARY: Attached are the minutes for the Council Meeting held. ::r I.J ly I 3 j 2.00 S
SUBJECT: Minutes of Meeting -
,July '~J-.f}O S-.
ATTACHMENTS: Minutes for]lJ Iy 13 I 2-00$-
FISCAL IMPACTS (Include Budgeted Amount): 0
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
CONSENT AGENDA [8J
~~
RECOMMENDED MOTION: Move to pass the Consent Agenda as presented.
r'OTT1\.Tr'TT A r''T'T01\.T. n ^ ___M._ n T'\~__. 11 'T'_Ll~
11 ,,_ u'.
r-,.....T ~ "
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, July 13, 2005
The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council
Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington,
Wednesday, July 13, 2005, at 5:30 PM, with Council President Daren Nygren presiding. Council
members present were Mike Short, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd,
Wendy Priest, Cecil McConnell, and Brad Gehring. Also present were City Attorney Roger Lubovich,
City Clerk Paula Johnston, and Legislative Assistant Lori Smith.
The Pledge of Allegiance was led by Council Member Cecil McConnell followed by the invocation
provided by Deacon Jim Bemis of Our Lady Star of the Sea Church, and also announced that the
Church is also celebrating it's 108th Year Anniversary
President Nvaren announced that a Pre-Council session was held in Council Conference Room 603
from 5:00 to 5:30 P.M.
PUBLIC SERVICE ANNOUNCEMENTS
Linda Henderson, President of OUTKITSAP, provided information on how their organization helps to
promote the health and social welfare of the gay, lesbian, transgender, and bisexual communities of the
greater Kitsap Peninsula through "building community, fostering communication, and nurturing self-
esteem"; and invited the public to attend the 9th Annual Kitsap Pride Picnic would be held Saturday, July
16,2005 from 12:00 Noon to 5:00 P.M. at Evergreen Park.
Mike Short announced that he would host a "Kitsap Lake Safety Meeting" on Tuesday, July 19, 2005
from 7:00 to 8:30 PM in the Conference Room of the Oyster Bay Public Works & Facilities Building
located at 100 Oyster Bay. He indicated that members of the Kitsap Lake Neighborhood Association
would be in attendance; along with Capt. Toni Wolfe of the Bremerton Police Department; and Ken
Mickelsen, Director of the Parks & Recreation Department. All the public is invited to attend.
CONSENT AGENDA
A. Check Numbers 301170 through 301212; EFT-8437 through EFT-8439, EFT-8441 through EFT-
8447; EFT-8449 through EFT-8454; and 8448P in the amount of $2,311,773.76; and Regular Payroll
for the pay period ending June 30,2005 in the amount of $650,389.56 (#AB05-150)
5:38:25 M/S/C/U (Priest/McConnell) Move to approve the Consent Agenda as presented.
With no further business, the meeting of the City Council was adjourned at 5:40 P.M. The Council then
reconvened in Council Conference Room 603 for a Study Session to hear presentations on upcoming
agenda items.
Prep?)ed and Submitted by:
\j) '~
/i> ~f}Z() . /)
LORrSMITH
Legislative Assistant
Attest:
PAULA JOHNSTON, City Clerk
DAREN NYGREN, City Council President
DAfE SUBMITTED:
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL #
}f 05 -/~G
SF
........................................................................................
SUBJECT: Purchase of brush chipper.
Committee Meeting Date: July 13, 2005
COUNCIL MEETING Date: July 20, 2005
Department: PW &U
Presenter: Jim Orton, Fleet
Manager
Phone: 5356
SUMMARY: ER&R has a brush chipper which is due for replacement. Due to the age and condition
of the current chipper, replacement is necessary as soon as possible. Staff recommends the purchase
of a 2005 Vermeer BC l400XL from Vermeer Northwest utilizing an existing bid from King County.
The purchase price is $26,137.02 including trade in and sales tax. Funding for this purchase is in the
approved 2005 budget.
ATTACHMENTS: Copy oflnterlocal Purchasing Agreement with King County
FISCAL IMPACTS (Include Budgeted Amount): $26,137.02 including trade in and sales tax.
APPROVALS: ~
DEPARTMENTDIRECTOR~_)" '
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: CONSENT AGENDA. X. /
OPERATIONS: f )/
COUNCIL PRESIDENT:
RECOMMENDED MOTION: That the City Council a horize the purchase of a Vermeer
BC l400XL Brush Chipper from Vermeer Northwest Sales of Tacoma utilizing King County bid IT
12801.
COUNCIL ACTION: D Approve D Deny D Table
D Continue 0 No Action
Cooperative Purchasing.
. Agreement
8
King C6tuily
Department of Executive Services
Finance and Business Operations Division
Procurement and Contract Services Section
Exchange Building, EXC-ES-0862
821 Second Avenue, 8th Floor
206-684-1681 TTY Relay: 711
In accordance with Chapter 39.34 RCW, King County and the City of Bremerton agree to a
cooperative. governmental purchasing agreement for various equipment and supplies using King
County's competitively awarded contracts.
King County therefore extends the use of its contracts to the City ofBremerton to the extent provided
by law and upon the following terms:
(1) The vendor(s) agree to extend to the City of Bremerton the terms and conditions of King
County's contract(s).
(2) The City of Bremerton accepts responsibility for compliance with any additional or varying
laws and regulations governing its purchases. Any purchases by the City of Bremerton
shall be effected by a purchase orderJrom the City of Bremerton and directed to the
vendor.
(3) King County accepts no responsibility for the performance of any of the purchasing
contracts by the vendor.
(4) King County accepts no responsibility for payment of the purchase price by the City of
Bremerton.
This agreement may be revoked at any time in writing by eitherparty.
Accepted for King County
Accepted for: City of Bremerton
Dale: 6;;~S-
I .. · .
G
Title #t11~1'L-
Dale: i-17j/?S--
David Leach.
~~hit
Procuremen anager .
4/27/20054:44 PM, Coopagr1
AGENDA Bll..L
CITY OF BREMERTON
CITY COUNCil.
BILL #
~ 05-/57
5~
DATE SUBMIlTED:
............................................................................................
SUBJECT: Approval of land lease between
the City ofBremerton and Donna
Hammargren for Sewage Pump Station EB-4
Committee Meeting Date: 7-13-05
COUNCIL MEETING Date: 7-20-05
Department: Public Works &
Utilities
Presenter: Pat Coxon, WW Mgr.
Phone: 473-5448
SUMMARY: Due to the changing ofthe lease holder from Palma C. Hammargren to her daughter
Donna Hammargren, a new land lease must be approved for the Pump Station EB..:4 located at 1369
Jacobsen Blvd. The existing lease is through 2008 and this will remain the same, except for the name
change.
ATTACHMENTS: New and exisiting lease.
FISCAL IMPACTS (Include Budgeted Amount): This is budgeted through the Wastewater
Operations and Maintenance :Budget, Bars # 535.8032-54510-58200. The monthly rent is $60.00, and
is paid on an annual basis every October in the amount of $720.00. yea.rly
APPROVALS: "
DEPARTMENT DIRECTOR1
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
~:=:~ET: ~tt~' · CONSENT AGEND~___
COUNCil. PRESIDENT: y~ ~. ,5..eW(J..~~
RECOMMENDED MOTION: Move to approve the land lease fo'Pump Station EB-4 between the
City ofBremerton and Donna Hammargren and authorize the Mayor to execute this lease in
substantially the same form as presented.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
LEASE
THIS INDENTURE, made the day of , 2005,
between Donna C. Hammargren ("Lessor") and the City of Bremerton ("Lesee"),
WITNESSETH:
That the Lessor does by these presents lease and demise unto the said Lessee the
following described real property and premises, situated in the County of Kitsap and
State of Washington, to wit:
That portion of Lot 9, McTeigh's Garden Tracts in the
northwest quarter pf the northwest quarter of section 18,
township 24 North, Range 2 East, W.M., described as
follows: Beginning at the intersection of the south line of
said Lot 9 and the westerly margin of J acobsen Avenue and
running thence westerly along said south line 20 feet;
thence northeasterly, parallel to said westerly line of
J acobsen Avenue 20 feet; thence easterly parallel to said
south line of Lot 9, to said westerly margin of Jacobsen
Avenue; thence southwesterly along said westerly margin
to the point of beginning.
With the appurtenances, for the term of three years, and thence renewable for a period of
one to ten years at the option of the Lessee from the first day of October 2005, at the rent
sum of Sixty and no/lOO dollars ($60.00) per year, payable in lawful money of the United
States of America, in advance, on the first day of October, each and every year during
said term of this lease.
It is hereby agreed, that if any rent shall be due and unpaid, or if default shall be
made in any of the covenants herein contained, then it shall be lawful for the said Lessor
to re-enter the said premises and remove all persons therefrom; and the said Lessee does
hereby covenant, promise and agree to pay the said rent in the manner hereinbefore
specified; and not to let or underlet the whole or any part of the said premises nor assign
this Lease, or any interest therein, without the written consent of Lessor.
At the expiration of said term, Lessee will quit and surrender the premises in as
good state and condition as they are now, ordinary wear and damage by the elements or
fire excepted.
Lease
Page 1 of3
Lessor represents that she has legal title to the premises and will hold harmless,
indemnify and defend Lessee from any claims made relating to Lessor's interest in the
premises as represented herein.
IN WITNESS WHEREOF, the parties have set their hands and seal on the dates as
indicated below.
LESSOR:
DONNA C. HAMMARGREN
Date:
LESSEE:
CITY OF BREMERTON
By: Cary Bozeman, Mayor
Date:
. STATE OF WASHINGTON
COUNTY OF KITSAP
)
) ss.
)
On this day of ,2005, before me a Notary Public in and
for the State of Washington, personally appeared DONNA C. HAMMARGREN to me known to be
the individual that executed the foregoing instrument, and acknowledged it to be the free and
voluntary act, for the uses and purposes mentioned in this instrument, and on oath stated that she
were authorized to execute said instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
Lease
Page 2 of3
STATE OF W ASHlNGTON
)
) ss.
)
COUNTY OF KITSAP
On this day of ,2005, before me a Notary Public in and
for the State of Washington, personally appeared CARY BOZEMAN to me known to be the Mayor
of the City of Bremerton, a Washington municipal corporation that executed the foregoing
instrument, and acknowledged it to be the free and voluntary act and deed of the corporation, for the
uses and purposes mentioned in this instrument, and on oath stated that he was authorized to
execute said instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
APPROVED AS TO FORM:
ROGER A. LUBOVICH, City Attorney
Lease
Page 3 of3
MAR-10-2005(THU) 10:29
PW&U ADMIN
(FAX)350 d73 5018
P.001/002
.-
LEASE
. ~ ..
;,
THIS' nroENTORE, . ~de the ~.i.:r:st day of Oi::tobex> ~99a;
BE'.rimm PaJ.m.a. c. 'B"'",,","~gx:en, he1:e:in'll:fter desi.gnated the lessor,
and :the City of B:reme:rton, he:r:e3.nafte:r dElsignat.ed. th~!l ~essea,
. ..~
WIT NE SSE ~ B:
-.
':hat the ~es:sordoes by these presents ~eaSE! and demise
unto the sa:id i~ssie the fo.liowi.nt.J-~ desC%'ibed :real property and
prem:ises, . s.:i.euat.ed .in the County of Ki1:sap and. S1::~;f;:e of
WasMng-ton, to-wi. t :
~.a.t portion of Lot 9 r Mc:Te:i.gh':s GaJ:'c::U3n ~racts. in the northwest
qa;u:o:-bilir of the northwest qwu:tQ;I; of sQct.ion 1.8, to'llm5~p 24
North, Range 2 Ea:st, W.M., c1e$=:-il::Ied as follows; l3eqiml:i.nq a1:.
the intersecti.on o:E the SQuth tine of sud Lot. 9 and the westerly
margin of: Jll=cl:;J$$n AV$nuQ and :ru.nning thll!U'1C$ t(QStaJ:~ly .along sud
south ~$ 20 feet; thence northe~t$rJ.y~ para.U.eJ. to sud
w$::!rt:e~.J.y line of Jacobsen AV$1V-$ .<0 feet; thence 6~$t.&:z:ly
pa3:a1~Ql to said south J.in", oE too'!:. 9 r to said we:st;~I;z;;'J.y l'ILt'L%'g:in of
Jacobsen Avenue; thence 5ou1:hVQ$terl.y along 38id wu~t.er~y Dl.lU'g:Ln
to the po:int; of b$~.l'\"":i.""9'.
W;. th the appurtenances,. for the te:cn of ten years, and. '!:hence
renew8l::ll.e for a pe~j.od of one -Co t.en yeaJ:s at the optiot1of 1:he
~ezaee f~~ the ~~s~ day of October, 1998, at the :rent of S~
o~ suty ~d no/1.00 ($60.00) do11..~$ per year, pay~J.e ~ 1,awfuJ.
'money of the Uni:ted States of Amer.i.c:::a, :in ad.vance, on the fi.r3~
day of Octobe:r, each and. eve:r:y :year dur:i.ng said 'te:cn of this
lEl8.se.
AND I!r is HEREBY AGREED I 'J]b.at:if any rent shaJ.1 he due
and unpaid, or if de:fau:t.t sha.1.~ be made :ion any of 1:he covenan~
he%'e:i.n conta..ined, 1:hen .it shaJ.J. be ~awf11l. :for the s~L.i..d 1essor 1:0
re-enter the said p:eJn,:i.ses and .rem~ve 8J.~ persons i:llerefrQm; and
the suo. ~esBee does hereby covenant, pro1tcl.seand a.~eeto pay
the said ~ent ~ the manner here~nbefore speci~;.ed; and not 1:0
~et or UIlderr~et 'Cbe whole or any pa.rt of the :sa:i.d prendses nor
ass~gn this lease, or any in~eres~ there:in, without the ,~:i.~~en
consent of said ~e:S:SQ~.
AND , a t the exp.:ira tion of sai.d te:cn the sud. lease W;..11
quit . and sur:render 'the said prena.ses :i.n .as good state and
eondition as they are I'lOW, (Q~d.:i.na.:ry VEla,,:: and ~l.ma9'e by "the
e~emen~s C~ ~;..~e excepted) .
EXHIBIT A
MAR-l0-2005(THU) 10:29
PW&U ADMIN
(FAX)360 473 5018
P.002l002
:IN WJ:TNESS WHEREOF, '1'he sa.:l.d parties have bereun1:o 'set
their hands and. SlaaJ.s the day and year fi.:r:st .above wr;i't-een.
.,' ~ J~'.E:SSOR:
... ; BY: ffgJ~ (!. ~7u..J
PALMA C. ~,::tU:N
i
:LESSEE:
BY:~,j). tt.!::.-_,
L.. . S _ HORTON', ~OR
DEP~ APPROVJ\L:
M!=~: ~ .
. ax: ~~~
~'RT.'J:!Q HCo:.trSl\EY
CJ:'rY CLERX
W.~Y' 11.1:.
n:nu:CTOR
PUBLIC WORKS & OTiL:t!riES
"{i
\~. .
BY:
GI CA
CZTY MTORNE!'
~&~,
STATll: OF WASRmGTON)
)
CO~7 OF. KJ:~SAP - )
ss
g.~ D
On 't:h:is day of . fC.5h18 E~ , 199.1.., the
undersigned, a Not:ax:y Publ.ic .in and for the S1:a1:e of Wash.:i.nqton,
d.ul.:r eommi.:ss.i.oned .and sworn, pe:rsonaJ.~y appeaxcd Paaa C.
B~gren, to me known 1:0, 1)8 the i..ncH. vi..dual. deac:z:i.bed :tn and
who exec:uted the w:i.tb.i.n and ;,fo:r:ego;ing :i.nstrt:z.ment, and
ackno1lt~edged th.a.t. they s~.gned ~e same as the.:i.J:: free and
VO~'lm.ta::r:y a.ct and d.eed';for the uses and. p'W:)?of~es there:in
m~tioned.
GIVEN
D/!G~'rn e Fat!.
under my hand. ~d. off.icia~ seal. thi.s
, 199~_
q ../.1,
--
day of'
t~~~!:d~
St:a~ of" Washington, :r:e.:sic1.i.ng'
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-'-~
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MCTEIGH'S GARD:EN TRACTS
A PORTION OF LOTS 7, 8 AND 9 OF THE PLAT OF MCTEIGH'S GARDEN TRACTS,
RECORDED IN VOLUME 2 OF PLATS, PAGE 44, RECORDS OF KlTSAP COUNTY,
WASHINGTON, DESCRIBED FOR TAX PURPOSES AS FOLLOWS: BEGINNING 517 FEET
EAST AND 180 FEET SOUTH OF THE NORTHWEST CORNER OF TRACT 6 OF
MCTEIGH'S GARDEN TRACTS; THENCE SOUTH 354.13 FEET TO THE SOUTH LINE OF
TRACT 9 OF SAID PLAT; ; THENCE EAST ALONG HE SOUTH LINE OF SAID TRACT 9,
393.86 FEET, MORE OR LESS, TO THE CENTER OF WEYNARD A VENU:E; THENCE
NORTHEASTERLY ALONG TIlE CENTER OF SAID ROAD TO ITS INTERSECTION WITH
A LINE DRAWN DUE NORTH AND SOUTH 980.5 FE:ET FROM THE WEST LINE OF SAID
MCTEIGH'S GARDEN TRACTS; THENCE NORTH ALONG SAID LAST MENTIONED
L~ TO A POINT WHICH IS 438.5 FEET DUE EAST OF THE POINT OF BEGINNING;
THENCE WEST 438.5 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION
LYING IN SAID WEYNARD AVENUE AND EXCEPT A STRIP 12 FEET WIDE ON THE
EAST SIDE OF SAID TRACT EXTENDING .FROM THE NORTH LINE OF SAID TRACT TO
CONNECT WITH SAID WEYNARD AVENUE.
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AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL #
,# OS- - 158
DATE SUBMITTED: July 1,2005
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SUBJECT: Interlocal Agreement for
Professional Services between Kitsap County
and the City of Bremerton for environmental
assessments on Charleston Beach Road.
Committee Meeting Date: July 13, 2005
COUNCIL MEETING Date: July 20, 2005
Department: Public Works & Utilities
Presenter: Phil Williams
Phone: 473-5315
SUMMARY: Kitsap County received a $200,000 grant fi-om the United States Environmental
Protection Agency (EP A) under the National Brownsfield Economic Redevelopment Initiative. The
. grant will be used to perform environmental assessments of properties located within the Charleston
Beach Road segment of the SR 304 Transportation Improvement Project. The InterIocal agreement
with Kitsap County identifies the professional services to be provided by the City of Bremerton for
meeting the requirements of the grant.
ATTACHMENTS: 1.) Interlocal Agreement for Professional Services between Kitsap County and
the City of Bremerton 2) Final Brownsfield Assessment Grant Proposal 3) Work Plan
FISCAL IMPACTS (Include Budgeted Amount): These services are reimbursable from federal
funds provided by EP A through Kitsap County.
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
RECOMMENDED MOTION:
Move to approve the Interlocal Agreement for Professional Services between Kitsap County and
the City of Bremerton for environmental assessments on Charleston Beach Road and authorize
the Mayor to finalize and execute the necessary contract documents for the agreement and to
approve a 2005 budget adjustment for the additional receipts and expenditures anticipated in
the agreement.
CONSENT AGENDA Ji
@
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
INTERLOCAL AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
KITSAP COUNTY AND THE CITY OF BREMERTON
I. PREAMBLE
This Interlocal Agreement (hereafter "AGREEMENT") is by and between Kitsap
County (hereafter "COUNTY") whose principal offices are located at 614 Division
Street, Port Orchard, WA, 98366 and the City of Bremerton (hereafter "CITY")
whose principal offices are located at 3027 Olympus Drive, Bremerton, WA
98337.
II. RECITALS
Kitsap County has successfully applied and been awarded an environmental
assessment grant of $200,000 by the United States Environmental Protection
Agency under the national brownfields economic redevelopment initiative. Kitsap
County has entered a co-operative agreement with the United States
Environmental Protection Agency, Region 10, (Exhibit A) to perform
environmental assessments of properties located within the Charleston Beach
Road segment of the State Route 304 Transportation Improvement Project
(PROJECT) as specified in the grant proposal. The COUNTY does not have
adequate staff available to accomplish the work under the co-operative
agreement (Exhibit A). The CITY, in addition to having available resources, is
the lead agency for the assessment, acquisition, and redevelopment of
properties within the PROJECT boundaries. Therefore, the COUNTY has
requested that the CITY complete the project administration, environmental
assessment, community involvement, and cleanup redevelopment planning
requirements of the co-operative agreement and the CITY is committed to
providing these requirements.
The United States Environmental Protection Agency defines Brownfields as real
property where the expansion, redevelopment, or reuse of which may be
complicated by the presence or potential presence of a hazardous substance,
pollutant, or contaminant. Cleaning up and reinvesting in these properties takes
development pressures off of undeveloped, open land, and both improves and
protects the environment.
The CITY and COUNTY desire to enter into an AGREEMENT for performing the
requirements of the co-operative agreement. The COUNTY will receive and
submit for reimbursement from the United States Environmental Protection
Agency any eligible costs incurred by the CITY in performance of work specified
in the co-operative agreement between the COUNTY and the United States
Environmental Protection Agency. The Interlocal Cooperation Act, R.C.W.39.34,
further authOiizes the parties hereto to enter into this AGREEMENT.
ACCORDINGLY, THE PARTIES AGREE AS FOLLOWS:
III. AGREEMENT
1. Purpose
The purpose of this AGREEMENT is to provide a mechanism for the CITY to
provide reimbursable environmental assessment seNices as specified in the co-
operative between Kitsap County and the United States Environmental
Protection Agency.
2. Scope of Work
The CITY shall provide the COUNTY with all environmental assessment,
sampling and analysis, property access, redevelopment planning, and reporting
necessary for the COUNTY to meet the requirements and expectations set forth
in the co-operative agreement between the COUNTY and the United States
Environmental Protection Agency. SeNices performed under this AGREEMENT
include:
Project Administration
. Site Investigation
. Remediation Planning
Community Involvement
. Redevelopment Planning
The scope of work for each of these tasks is set forth in the following documents:
"Charleston Beach Road Segment of the State Route 304
Transportation Improvement Project; Kitsap County Brownfields
Target Site KCB 500; Brownfields Assessment Grant Proposal,
December 3, 2003."
Co-operative Agreement
. Kitsap County Work Plan for Brownfields Assessment
The CITY shall complete the requirements of the co-operative agreement and
submit final close out documentation to the COUNTY by December 31,2006.
3. County Representative
Cris Gears, County Administrator
Kitsap County
614 Division Street, MS-4
Port Orchard, WA 98366-4699
360-337-7146
4. City Representative
Phil Williams
Director of Public Works and Utilities
City of Bremerton
3027 Olympus Drive
Bremerton, WA 98310
360-473-5315
5. Reimbursement
COUNTY shall submit CITY invoices for actual eligible incurred costs to the
United States Environmental Protection Agency for reimbursement. COUNTY
will forward payment from the United States Protection Agency to the CITY as
reimbursement for services performed under this AGREEMENT. COUNTY shall
approve CITY invoices and submit reimbursement requests to the United States
Environmental Protection Agency within 10 days of receipt. Invoices not
approved by the COUNTY will be returned to the CITY. COUNTY will reimburse
CITY within 30 days of receipt of reimbursement from the United States
Environmental Protection Agency. CITY shall submit reimbursement requests to
COUNTY monthly, unless otherwise approved in advance by the COUNTY.
6. Documentation of Costs & Maintenance Records
CITY shall maintain all books, documents, receipts, invoices and records
including payroll records necessary to sufficiently and properly reflect the
expenditure of grant funds. The accounting records must provide for a separate
recording and reporting of all receipts and expenditures related to this
AGREEMENT. Financial records pertaining to matters authorized by this
AGREEMENT are subject to inspection and audit by representatives of COUNTY
or the State Auditor upon request. Financial records shall be preserved and
made available to COUNTY, the United States Environmental Protection Agency,
or their agents for a period of six (6) years after the end of this AGREEMENT or,
in the event of an audit, records shall be kept until the audit is completely
resolved.
7. Nondiscrimination
CITY and COUNTY agree to comply with all applicable local, state, and/or
federal laws and ordinances, and agree that they shall not discriminate in their
employment practices or delivery of services or other activities on the grounds of
race, color, religion, national origin, age, sex, marital status, veteran status,
sexual orientation, or the presence of any sensory, mental or physical handicap.
CITY and COUNTY shall ensure that any subcontractor shall fully comply with
this paragraph.
8. Compliance with Laws
CITY shall comply with all federal, state, and local laws, statutes, ordinances,
rules, and regulations applicable to the performance of this AGREEMENT. CITY
agrees to comply with all the provisions of the Americans With Disabilities Act
and all regulations interpreting or enforcing such act.
9. Indemnity
It is understood and agreed that this AGREEMENT is solely for the benefit of the
parties hereto and gives no right to any other party. No joint venture or
partnership is formed as a result of this AGREEMENT. Each party hereto agrees
to be responsible and assumes liability for its own negligent acts or omissions, or
those of its officers, agents, or employees to the fullest extent required by law
and agrees to save, indemnify, defend, and hold the other party harmless from
any such liability. In the case of negligence of both COUNTY and CITY, any
damages allowed shall be levied in proportion to the percentage of negligence
attributable to each party, and each party shall have the right to seek contribution
from the other party in proportion to the percentage of negligence attributable to
the other party. This indemnification clause shall also apply to any and all.causes
of action arising out of the performance of work activities under this
AGREEMENT.
10. Insurance - Workers Compensation
CITY agrees to comply with all State requirements to Workers Compensation
Insurance.
11. Amendments to Aqreement
The parties hereby further agree that this AGREEMENT cannot be amended or
modified without the written concurrence of both parties.
12. Termination
Either party to this Agreement may elect to terminate this Agreement for any
reason by delivering a thirty (30) day written notice of intent to terminate to the
other party. In the event of such termination, the CITY shall be compensated for
the actual costs incurred prior to the time of notification of contract termination.
13. Duration of Aqreement
This Agreement is in effect from the date of approval through December 31,
2006.
DATED this
day of
,2005.
BOARD OF COMMISSIONERS
KITSAP COUNTY
CITY OF BREMERTON
CARY BOZEMAN, Mayor
CHRIS ENDRESEN, Chair
APPROVED AS TO FORM:
JAN ANGEL, Commissioner
ROGER A. LUBOVICH, City Attorney
PATTY LENT, Commissioner
ATTEST:
Opal Robertson
Clerk of the Board
Exhibit A
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· __: ~] e .1095901 - 0
ASSISTANCE 10 NO.
PRG I DOC ID IAMEND#
SF. 97095901 . 0
TYPE OF ACTION
New
PAYMENT METHOD:
Page 1
.j
, .
-'.
Cooperative Agreement
DATE OF AWMQ
o 2 SEP -c>>t
rb'~~04
ACH#
U.S. ENVIRONMENTAL
PROTECTION AGENCY
RECIPIENT TYPE:
County
Send Payment Request to:
EPA Finance Unit, OMP-146
FAX # 206-553.6525
PAYEE:
Kitsap County
614 Division St., MS-36
Port Orchard, WA 98366
RECIPIENT:
Kltsap County
614 Division St., MS.36
Port Orchard, WA 98366
EIN: 91-6001348
PROJECT MANAGER
Eric Baker
614"Oivlslon St., MS.36
Port Orchard, WA 98366
E-Mail: ebaker@co.kitsap.wa.us
Phone: (360) 337-4495
PROJECT TITLE AND DESCRIPTION
Kitsap County BF Assessment 05/06
Brownfields environmental assessment of hazardous contaminants and petroleum on the Charleston Beach Road site.
EPA GRANT SPECIALIST
Bob Phillips
Grants Administration Unit, OMP-145
E-Mail: Philllps.Bob@epa.gov
Phone: 206-553-6367
EPA PROJECT OFFICER
Susan Morales
1200 Sixth Avenue
Seattle, WA 98101
E-Mail: Morales.Susan@epamail.epa.gov
Phone: 206-553-7299
This award approves the proposed Work Plan and budget, and provides full funding for the approved project and budget periods.
BUDGET PERIOD
11/01/2004 - 10/31/2006
PROJECT PERIOD
11/01/2004 - 10/31/2006
TOTAl BUDGET PERIOD COST
$200,000.00
TOTAl PROJECT PERIOD COST
$200,000.00
NOTE: The Agreement must be completed In duplicate and the Original returned to the appropriate Grants Management Office listed below,
within 3 calendar weeks after receipt or within any extension of time as may be granted by EPA. Receipt of a written refusal or
failure to return the properly executed document within the prescribed time, may result in the withdrawal of the offer by the Agency.
Any change to the Agreement by the Recipient subsequent to the document being signed by the EPA Award Official, which the
Award OffIcial determines to materially alter the Agreement, shall void the Agreement.
OFFER AND ACCEPTANCE
The United States, acting by and through the U.S. Environmental Protection Agency (EPA), hereby offers
Assistance/Amendment to the Kitsao County for 100.00 % of all approved costs incurred
up to and not exceeding $200.000 for the support of approved budget period effort described In application (including
all application modifications) cited in the Project Title and Description above, signed 07/20/2004 included herein
by reference.
ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE
ORGANIZATION I ADDRESS ORGANIZATION / ADDRESS
EPA Region to U.S. EPA, Region 10
Mail Code: OMP-145 Office of Environmental Cleanup
1200 Sixth Avenue 1200 Sixth Avenue
SeatUe, WA 98101 SeatUe. WA 98101
THE UNITED STATES OF AMERICA BY THE U~S. ENVIRONMENTAL PROTECTION AGENCY
TYPED NAME AND TITLE DATE
Daniel D. OpalskI, Director - Office of Environmental Cleanup
This agreement Is subject to applicable U.S. Environmental Protection Agency statutory provisions and assistance regulations. In
accepting this award or amendment and any payments made pursuant thereto, (1) the undersigned represents that he Is duly
authorized to act on behalf of the recipient organization, and (2) the recipient agrees (a) that the award is subject to the applicable
provisions of 40 CFR Chapter 1, Subchapter B and of the provisions of this agreement (and all attachments), and (b) that
acceptance of any payments constitutes an agreement by the payee that the amounts, if any found by EPA to have been overpaid
will be refunded or credited in full to EPA.
BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION
TYPED NAME AND TITLE
Malcolm Fleming, County Administrator
EPA Funding Information BF - 97095901 - 0 Page 2
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
EPA Amount This Action $ $ 200,000 $ 200,000
EPA In-Kind Amount $ $ $ 0
Unexpended Prior Year Balance $ $ $0
Other Federal Funds $ $ $0
Recipient Contribution $ $ $0
State Contribution $ $ $0
Local Contribution $ $ $0
Other Contribution $ $ $0
Allowable Project Cost $0 $ 200,000 $ 200,000
Assistance Program (CFDA)
66.81 B - Brownfields Assessment and Cleanup
Cooperative Agreements
Statutory Authority
CERCLA: Sec. 101(39)
CERCLA: Sec. 104(k)(2)
Regulatory Authority
40 CFR PART 31
Fiscal
Site Name DCN FY Approp. Budget PRC Object Site/Project Cost Obligation /
Code Organization Class Organization Deobllgation
NEG437 04 E4 iON 402D79E 41.14 GOOONYOO 50,000
NEG438 04 E4 iON 402D79EBP 41.14 GOOOOROO 150,000
200,000
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BF - 97095901 - 0 Page 3
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Budget Summary Page
Table A . Object Class Category
(Non-constructlon)
1. P.ersonnel
2. Fringe Benefits
3. Travel
4. Equlpillent
5. Supplies
6. Contractual
7. Construction
8. Other
9. Total Direct Charges
10. Indirect Costs: % Ba~e
11. Total (Share: Recipient 0.00.% Federal 100.000/..)
12. Total Approved Assistance Amount
13. Program Income
. Total Approved Allowable
Budget Period Cost
$3,750
$0
$475
$0
$2,320
$182,700
$0
$10,755
$200,000
$0
$200,000
$200,000
$0
'.
EP A Cooperative Agreement (KC 459-04)
Brownfields Assessment Grant - Charleston Beach Rd.
,.
APPROVED AND ADOPTED this I:> III day of November 2004.
BOARD OF COUNTY COMMISSIONERS
KlTSAP COUNTY, W ASIDNGTON
~
BF - 97095901 - 0 Page 4
Administrative Conditions
1. Payment Information
a. Electronic Funds Transfer (EFT) systems: There are two EFT payment systems available to
recipients.. whereby payments are sent directly to the recipient's financial institution within 3-5 business
days. Recipients may use either EPA's EFT-IFMS system or ASAP, as follows:
Under EPA's EFT-IFMS, your payment request must be made on the EPA Region 10 EFT-Payment
Request Form.
Under the Automated Standard Aoolication for Payment (ASAP), the recipient follows Department of
Treasury ASAP instructions.
To enroll in either system (if not currently enrolled), or if you have questions, please call Linda
Donahue at 206-553-6388 or Jean Alexander (206) 553-2114.
b. Treasury checkbv mail: Recipients not receiving electronic funds transfer payments will be paid by
Treasury check. Recipients must suobmit a "Request for Advance or Reimbursement," Standard
Form-270, via FAX to EPA Region 10 Finance Unit at FAX # 206-553-6525, OR mail to EPA Region 10
Finance Unit, 1200 Sixth AYe, OMP-146, Seatue, WA 98101. R~ipients will normally receive payment
within 30 days of EPA's receipt of a correct SF-270. 0 0
Under any of the above payment mechanisms, recipients may request/draw down advances for
their immediate cash needs, provided the recipient meets the requirements of 40 CFR 30.22(b) or
40 CFR 31.21 (c), as applicable. AdditionallY,lecipients must liquidate all obligations incurred within 90
calendar days of the project period end date. THerefore, recipients must submit tHe final request for
payment, and refund to EPA any balance of unobligated cash advanced' within 90 calendar days after the
end of the project period. 0
2. Cost Principles/Indirect Costs Not Included (All Organizations)
The cost principles of OMS Circular A-21 (Educational Institutions), A-'87 (State, Local or Indi~n Tribal
Governments), or A-122 (Non-Profit Organizations) are applicable, as appropriate, to this award. Since
there are no indirect costs h;cluded in the assistance budget, they are not allowaQle under this Assistance
Agreement. 0
3~ Financial Status Reports (FSRs) - Yearly
The Financial Status Report (FSR), Standard Form 2~9, for this award shall be submitted to the Grants
Administration Unit,OMP-145, within 90 days after the end of the budget period. If the budget period is
longer than one year, or if the agreement is revised to extend the budget period beyond one year, the
recipient must submit an annual FSR within 90 days after the end of each anniversary of the agreement.
For agreements with multiploe budget activities, separate FSRs must be provided for each of the activities,
sites, or budgets, as applicable.
4. Audit Requirements
The recipient agrees to comply with the requirements of OMS Circular A-133, "Audits of States, Local
Governments, and Non-Profit Organizations."
5. Hotel and Motel Fire Safety Act
Effective October 1, 1994. the recipient agrees to ensure that all conference, meeting, convention, or
training space funded in whole or in part with Federal funds, complies with the Hotel and Motel Fire Safety
Act of 1990.
6. Recycled Paper
ALL APPLICANTS: .
In accordance with EPA Order 1000.25 and Executive Order 13101, Greening the Government Through
Waste Prevention, Recycling, and Federal Acquisition, the recipient agrees to use recycled paper for all
reports which are prepared as' a part of this agreement and delivered to EPA. This requirement does not
apply to reports prepared on forms supplied by EPA, or to ~tandard Forms, which are printed on recycled
paper and are available through the General Services Administration. Please note that Section 901 of
E.O. 13101, dated September 14,1998, revoked E.O. 12873, Federal Acquisition, Recycling, and Waste
Prev~ntion in its entirety.
STA TE A(3ENCIES AND POLITICAL SUBDIVISIONS:
Any State agency or agency of a political subdivision of a State which is USing appropriated Federal funds
shall comply with the requirements set forth in Section 6002 of the Resource Conservation and Recovery
Act (RCRA) (42 V.S.C. 6962). Regulations issued under RCRA Section 6002 apply to any acquisition of
an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the
course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be
given in procurement programs to the purchase of specific products containing recycled materials
. identified in guidelines developed by EPA. These guidelines are listed in 40 CFR 247.
STA TE AND LOCAL INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND NON-PROFIT
ORGANIZATIONS:
Pursuant to 40 CFR 30.16, State and local institutions of higher education, hospitals. and non-profit
organizations that receive direct Federal funds shall give preference in their procurement programs
funded with Federal funds to the purchase of recycled produCts pursuant to EPA's guidelines.
. 7. . Lobbying
ALL RECIPIENTS: ,
The recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying; The recipient
shall include ,the language of this provision in award documents for all subawards exceeding $100,000,
and require that sut?recipients submit certification and disclosure forms accordingly.
In accordance with the Byrd Anti~Lobbying Amendment, any recipient who makes a prohibited expenditure
under Title 40 CFR Part 34 or fails ~o file the required certification or lobbying form~ shall be subject to a
civil penalty of not less than $1 0,000 and not more than $100,000 for each such expenditure.
PART 30 RECIPIENTS:
All contracts awarded by a recipient shall contain, when applicable, the anti-lobbying provision as.
stipulated in the Appendix at Title 40 CFR Part 30.
Pursuant to Section 18 of the Lobbying Disclosure Act, the recipient affirms that it is ,not a nonprofit
organization described in Section 501 (c)(4) of the Internal Revenue Code of 1986; or that it is a nonprofit
organization described in Section 501 (c)(4) ofths Code but does not and will not engage in lobbying
activities as defined in Section 3 of the Lobbying Disclosure Act.
8. Lobbying and Litigation
ALL RECIPIENTS:
. Pursuant to EPA's annual Appropriations Act, the chief executive officer of this recipient agency shall
require that no grant funds have been used to engage in lobbying of the Federal Government or in
litigation against the United State~ unless authorized under existing law. As mandated by this Act, the
recipient agrees to provide certification to the award official via EPA Form 5700-53, Lobbying and
Litigation Certificate, within 90 days after the end of project period.
Recipient shall abide by its respective OMB Circular (A-21 , A-8?, or A-122), which prohibits the use of
federal grant funds for litigation against the United States. Any Part 30 recipient shall abide by its
respective OMB Circular (A~21 or A-122), which prohipits the use,of Federal grant funds to participate in
various forms of lobbying or other political activities.
9. Suspension and Debarment
Recipient shall fully comply with Subpart C of 40 CFR Part 32, entitled "Responsibilities of Participants
Regarding Transactions." Recipient is responsible for ensuring that any lower tier covered transaction, as
described in Subpart B of 40 CFR Part 32, entitled "Covered Transactions," includes a term or condition
requiring compliance with Subpart C. Recipient is responsible for further requiring the inclusion of a
similar term or condition in any subsequent lower tier covered transactions. Recipient acknowledges that
failing to disclose the information required under 40 CFR 32.335 may result in the delay or negation of this
assistance agreement, or pursuance of legal remedies, including suspension and debarment.
Recipient may access the Excluded Parties List System at htto://www.eDls.aov.This term and condition
supersedes EPA Form 5700-49, "Certification Regarding Debarment, Suspension,' and Other
Responsibility Matters."
10. Small and Disadvantaged Business Utilization Requirements (Non-SRF Recipients)
The recipient agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority
and Women's Business Enterprises in procuremerit under assistance agreem'ents: .
(a) The recip'ient accepts the applicable FY99 Minority Business Enterprise (MBE)/Womens' Business
EnterprIse (WBE) "fair share" goals/objectives negotiated with EPA by your organization or the
WaShington Office of Minority and Women's Business Enterprises as follows:
Purchased Goods: 8% MBE
Purchased SelVIces: 10% MBE
Professional SelVicas: 10% MBE
4% WBE
4% WBE
4% WBE
(b) The recipient agrees to ensure, to the fullest extent possible, that at least the applicable "fair share"
objectives of Federal funds for prime contracts or subcontracts for supplies, construction, equipment or
selVices are made availeble to organizations owned ,or controlled by socially and economically
disadvantaged indIviduals, women and Historically Black Colleges and UniversIties.
(c) 'The recipIent agrees to Include in its bid documents the applicable "fair share" objectives and require
all of its prime contractors to Include in their bid documents for subcontracts the negotiated "fair share"
percentages.
(d) The recipient agrees to follow the six affirmative steps or positive efforts stated in 40 CFR 30.44(b), 40
CFR 31.36(e}, or 40 CFR 35.6580, as appropriate, and retain records documentIng compliance.
(e) The recipient agrees to submit an EPA form 5700-52A, "MBElWBE Utilization Under Federal Grants,
Cooperative Agreements and Interagency Agreements" as follows:
. For grants awarded under 40 CFR Part 35, Subpart A (refer to the Regulatory Authority box
shown in the middle of Page 2 of the Assistance Agreement/Amendment), reports are due
annually by October 30 of each year (covers the Federal Fiscal Year October 1 - September 30).
For Assistance Agreements/Amendments with institutions of higher education, hospitals and other
non-profll organiz3tions awarded under the Regulatory Authority of 40 CFR Pa~ 30, reports are
due annually by October 30 of each year (covers the Federal Fiscal Year October 1 - September
30).
Grants awarded under any other Regulatory AuthorIty are due Quarterly. These reports are
due beginning with the Federal 'Fiscal Year quarter the recipient receives the award and
, continuIng until the project perIod ends. These reports must be submitted wIthin 30 days
of the end of the Federal FIscal Quarter (due dates are January 30, April 30, July 30, and
October 30).
All reports must be submitted to the Grants Administration Unit, OMP-145, 1200 Sixth Avenue,
, Seattle, WA 98101. For further information, please contact Marie McPeak at (206) 553-2894, em ail:
mcceak.marie((ileoa.90v.
(f) If race and/or gender neutral efforts prove inadequate to achieve a "fair share" objective, the recipient
agrees to notify EPA in advance of any race and/or gender conscious action it plans to take to more
closely achieve the "fair share" objective.
EPA may take corrective action under 40 CFR Parts 30, 31, and 35, as appropriate, if the recipient fails to
comply with these term and conditions. '
11. Small Business in Rural Areas (SBRA)
. .y
',' If a contract is awarded under this assistance agreement, the recipient is also required to utilize the
following affirmative steps:
(a) Place SBRAs On solicitation lists.
(b) Make sure that SBRAs are solicited whenever there are potential sources.
(c) Divide total requirements, when economically feasible, into small tasks or quantities to permit
maximum participation by SBRAs.
(d) Establish delivery schedules, where the requirements of work permit, which would encourage
partiCipation by SBRAs.
(e) Use the. services of the Small Business Administration and the Minority Business Development
Agency of the U.S. Department of Commerce, as appropriate.
(f) Require the contractor to comply with the affirmative steps outlined above.
There is no fOrmal reporting requirement for SBRAs at this time; it is recommended that the recipient keep
records of SBRA partiCipation.
12. Payment to Consultants
EPA participation in. the salary rate (excluding overhead and travel) paid to individual consultants retained
by recipients or by a recipient's contractors or subcontractors shall be limited to the maximum daily rate for
Level IV of the Executive Schedule, to be adjusted annually. This limit applies to consultation services of
designated individuals with specialized skills who are paid at a daily or hourly rate. As of January 1, 2004,
the limit is $524.77 per day ($65.59 per hour), This rate does not include overhead or travel costs and the
recipient may pay these in accordance with its normal travel practices.
Subagreements with firms for services which are awarded using the procurement requirements in 40 CFR
Parts 30 or 31, as applicable, are not affected by this limitation unless the terms of the contract provide the
recipient with responsibility for the selection, direction,. and control of the individuals who will be providing
services under the contract at an hourly or dally rate of compensation. See 40 CFR 30.27(b) or 40 CFR
31.36(j)(2), as applicable, for additional information.
NOTE: For future years' limits, the recipient may find the annual salary for Level IV of the Executive
Schedule on the following Internet site: http://www.opm.gov/oca. Select "Salary and Wages", and select
"Executive Schedule". The annual salary is divided by 2087 hours to determine the maximum hourly rate,
which is then multiplied by 8 to determine the maximum daily rate.
Proarammatic Conditions
The attached Programmatic Conditions are hereby incorporated into this agreement.
END OF ASSISTANCE AGREEMENT BF-97095901-0
"
Programmatic Terms and CO':lditions for
Brownfields Assessment Cooperative Agreements -2004
I. GENERAL FEDERAL REQUIREMENTS
NOTE: For the purposes of these Terms and Conditions the term "assessment" includes, eligible
activities under the Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) 104(k)(2)(A)(i) such as activities involvIng the inventory, characterization,
assessment, and planning relating to brownfield sites as described in .the EP A approved scope of
wom. ..
A. Federal Policy and Guidance
1. a.
....
Cooperative Agreement Recipients: In implementing.t4is agreement, the
cooperative agreement recipien~ (CAR) shall insure that work done with
cooperative agreement funds complies with the requirements of the .
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) 104(k). The CAR shall also ensure that assessment activities
supported with cooperative agreement ~ding comply with all applicable Federal
and State laws and regulations.
b.
CERCLA 104(g) requires tliat recipients comply with the prevailing wage rate
requirements under the Davis-Bacon Act of 1931 for construction, repair or
alteration contracts "fun~ed in whole or in part" with funds provided under this
agreement If the CAR uses funds awarded under this agreement to contract for
construction, repair or alteration work, it must obtain recent and applicable wage
rates from the U.S. Department of Labol and incorporate them into the'
construction, alteration or repair contract.
c. The recipient agrees to comply with E~ecutive Order 13202 (Feb. 22, 2001, 66
Fed. Reg. 11225) ofFebroary 17, 2001-, entitled "Preservation. of Open
Competition and Government Neutrality Towards Government Contractors' Labor
Relations on Federal and Federillly Funded Construction Projects," as amended by
Executive Order 13208 (April 11, 2001, 66 Fed. Reg. 18717) of April 6, 2001,
entitled "~endment to Executive Order 13202, Preservation of Open
Competition and Government Neutrality Towards Govenurient Contractors' Labor
Relations on Federal and Federally Funded Construction Projects.
d. The recipient must comply with Federal cross-cutting requirements. These
r~quirements include but are not limited to, MBEfWBE requjrements found at 40
CFR 31.36(e) or 40 CFR 30.44(b) (see administrative condition, "S~an and
Disadvantage Business UtDization Requirements (Non-SRF Recipient)" for
details); OSHA Worker Health & Safety Standard 29 CFR 1910.120; the Uniform
Relocation Act; Historic Preserv~tion Act; Endangered Species Act; and Permits
required by Section 404 oBhe Clean Water Act; Executive Order 11246, Equal
Employment Opportunity, arid imph:~menting regulations at 41 CFR 60-4;
Contr~ct Work Hours and Safety Standards Act, as amended (40.USC 327-333)
Final RIO BF Assessment T &C 07/28/2004
the Anti Kickback Act (40 USC 276c) and Section 504 of the Rehabilitation Act
of 1973 as implemented by Executive Orders 11914 and 11250.
B. Eligible Brownfields Site Determinations
1.
2.
a.
, The CAR must provide information to the EP A Project Officer about proposed
site-specific work and receive EP A approval to work on the site prior to incurring
any costs under this cooperative agreement, for sites not pre-approved in the
CAR.'s work plan. The infoimation that must be provided includes the basis for
determining that the site meets the definition ofa brownfield as defmedin
~101(39) ofCERCLA or is eligible 'for a property-specific determination, the
identity of the owner, and the date of acquisition.
b. If the site is ,excluded from the general definition of a brownfield, but is
eligible for a property-specific funding detennination, then the CAR must
provide information sufficient for EP A to make a property-speCific '
funding determin~tion. The CAR must prqvide sufficient information on
how financial assistance will protect human health and the environment,
and either promQte economic development or eIiable the creation of,
preservation of, or addition to parks, greenways, undeyeloped property,
other recreational property, or other property used for nonprofit purposes.
The CAR must not incur costs for assessing sites requiring a property.' .
specific funding determination by EP A until the EP A Project Officer has
advised the CAR that the Agency has determined the site is eligible for
funding.
a.
For any petroleum contaminated brownfield site that is not included in the CAR's
EP A approved work pl.an, the CAR shall provide sufficient docwnentation to the
EP A prior to incurring costs under this cooperative agreement which includes:
(1) that a State has determined that the petroleum,.only site is of relatively
low risk, as compared to other petroleum-only sites in the State,
(2) that the State detennines there is "no viable responsible party" for the
site; ,
(3) that the State determines that the person assessing or investigating the
site is a person who is not potentially liable for cleaning up the site; and
(4) that the site is not subject to any order issued under section 9003(h) of the
Solid Waste Disposal Act.
This documentation must be prepared by the CAR or the State following contact
and discussion with the appropriate p,etroleum program official, and provided to
the BPA Project officer for review, The CAR shall not incur costs until it receives
EP A approval to work on the site.
b. Documentation must include the identity ofthe State program official
contacted, the State official's telephone nUmber, the date of the contact,
and a summary of the discussion relating to the state's detennination that
the site is of relatively low risk, that there is no viable responsible party
,and that the person assessing or investigating the site is a person who is
. not potentially liable for cleaning up the site. Other documentation
Final RIO BF Assessment T &C 07/28/2004
2
..
, .
provided by a state to the recipient relevant to any of the determinations
by the State must also be provided to the EP A Project Officer.
c. If the State chooses not to make the detenninations described in 2.a.
above, the CAR must contact the EP A Project Officer and provide the
information necessary for EP A to make the requisite determinations.
d. EP A must also make all determinations on the eligibility of petroleum
contaminated broWnfleld sites located on Indian tribilllands. Prior to
incurring costs for these sites, the CAR must contact the EP A Project
Officer and provide the information necessary (or EP A to make the .
determinations described in 2.a. above.
n. GENERAL COOPERATIVE AGREEMENT
ADMINISTRATIVE REQUIREMENTS
A. 'Term of the Agreement
1. The term of this agreement is two years from the date of award, unless otherwise
extended by EP A at the CAR; s request. -
2. . If after 1 ~ years from the date of award, EP A determines that the CAR has not made
sufficient progress in implementing lts cooperative agreement, the Agency may tenninate
this a~eement.
3. Assessment funding for any eligible brownfield site may not exceed $200,000 unless a
waiver h~ been received and then it is not to exceed $350,000.
B. Substantial Involvement
1. The U.S. EP A may be substantially involved in overseeing and monitoring this
cooperative agreement.
a. Substantial in~olvement by the U~S, EP A generally includes
administrative activities such as: monitoring; review of project phases; and
approval of substantive tenns included in professional services contracts.
b. Substantial EP A involvement also includes brownfields property-specific
funding determinations descnbed in lB.t. under Eligible Brownfields Site
Determinations above. If the CAR awards a subgrant for site assessment,
the CAR may also request technical assistance from EP A on what sites
qualify as a brownfield.site .and detenniningwhether the statutory
prohibition found in section 104(k)(4)(B)(i)(IV) ofCERCLA applies to
potential subgrant recipients. Generally, this prohibition prohibits a
subgrant recipient from using grant funds to assess a site if the subgrant
recipient is potentially liable under ~ 1 07 of CERCLA for that site.
c. Substantial EP A involvement may include reviewing financial and
Final RIO BF Assessment T &C 07/28/2004
3
environmental status reports; and monitoring all rePorting, record.keeping,
and other program requirements.
, d. EP A may waive any of the provisions in tenn and condition IT.B.I., at its
own initiative or upon request by the CAR. EP A will provide waivers in
writirig.
2. Effect of EP A's substantial involvement includes:.
a. EP A's review of any project phase, document, or cost incurred under this
cooperative agreement. EP A's review under the cooperative agreement
does not supercede CERCLA ~ 128 Eligible Response Site detenninatiQns
,or rights, authorities, and actions under CERCLA or any Federal statute.
b. The CAR remains responsible forensuring that all assessments are
protective of human health and the environment and comply with all
applicable Federal and State laws.
c. rhe CAR and its subgrantees r~main responsible for incurring costs that
are ~lowable under the applicable OMB Circulars.
C. Cooperative Agreement Recipient Roles and Responsibilities
1. The CAR must acquire the services of a qualified environmental professional(s) to
coordinate, direct, and oversee the hrownfields assessment activities at a particular' site, if
they do not have such a professional, on staff.
2. The CAR is responsible for ensuring that contractors and sub grant recipients comply with
the tenns of their agreements with the CAR, and that agreements between the CAR and
sub grant recipients and contractors are consistent with the tenns and conditions of this
, agreement.
3. Subgrants are de&ed at 40 CFR 31.3. The CAR may not subgrant to for-profit '
organizations. The CAR must obtain commercial se~ices and products necessary to
carry out this agreement under competitive procurem.ent procedures as described in 40
CFR 31.36. In addition, EP A policy encourages awarding subgrants competitively and
the CAR must consider awarding sub grants through competition.
D. Quarterly Progress Reports
1. The CAR must submit progress reports on a quarterly basis (30 days after t~e end of each
Federal fiscal qu8rt:er) to the EP A Project Officer. The progress reports must document
incremental progress at achieving the 'project goals and milestones. Quarterly progress
reports niu~t include: ' '
a. Documentation of progress at meeting the perfonnance goals ~d objectives.
b. An update on project milestones, schedule and deliverables, and a discussion of
any changes made or proposed to the approved work plan budget or schedule.
c. A summary of the EP A Cooperative Agreement budget status by object class
Final R10 BF Assessment T &C 07/28/2004
4
under the following headings: Current Approved Budget; Costs Incurred this
Quarter; Costs mcun-ed to Date; and Total Remaining Funds. '[Note:,'This
requirement does not sopersede the requirement for submission of anoual
Financial Status Reports, as stated in administrative ,condition.]
D. If applicable, quarterly reports must specify costs incurred at petroleum
contaminated brownfields sites. '
E. When funding for both hazardous contamination and petroleum contamination has
been awarded in the CAG, ,the recipient must specify and account for hazardous
and petrQleum costs separately.
f. Recipient quarterly reports must clearly identify which activities performed during
'the reporting period were Undertaken with EP A funds, and must relate EP A-
funded activities to the objectives and milestones agreed upon in the workplan
including a list of sites where assessment activities were completed.
2. The CAR inust maintain records that will enable it to report to EP A on the am01mt of
, funds expended on specific sites under this grant.
3. The CAR must mairitain records that will enable it to report to ~P A on the amount of
funds expended by the CAR at petroleum sites identified in the EP A approved scope of '
work.
4. The CAR must complete Property Profile Forms (OMB NO.: 2050"0192) provided by
EP A. An initial form must be proVided when site-specific work starts, and updated forms ,
should be completed and provided to EP A ,when new information is available and With
the final report submitt~ after the pro)ect peiiod ends.
E. ,Final Performance Report
1: 'm addition to the periodic performance reports, the. recipient shall submit a final
performance, report, which is due 90 calenclar days after the expiration or tennination of
the award. The report shall be submitted to the EP A Project Officer and may be provided
electronically. The report shall generally contain the same infonnation as in the periodic
reports, but should cover ~e enfue project period. After completion of the project, the
EP A Project Officer may waive the requirement for a fmal performance report if the EP A
Project Officer deems such a report is inappropriate or unnecessary.
III. FINANCIAL ADMINlSTRATION REQUIREMENTS
A. Eligible Uses of the Funds for the Cooperative Agreement Recipient
1. To the extent aUowable under the scope of work, cooperative agreement funds may be
used for eligible programmatic expenSes to inventory, characterize, assess, and conduct
planning and outreach. Eligible programmatic expenses include activities described in
Section IV of these Terms and Conditions. m addition, such eligible programmatic
expenses may include:
a. Detennining whether assessment activities at a particular site are authorized by
Final RIO BF Assessment T &G 07/28/2004
5
. ,
CERCLA l04(k);
b. Ensuring that an assessment complies with applicable requirements under Federal
and Statel~ws, as, required by CERCLA 104(k); .
c. Purchasing environmental insurance if the purchase of such insurance is necessary
to, carry out assessment activities; ,
d. Any other eligible progrannnatic costs including costs incurred by the recipient in
reporting to EP A; procuring and managing contracts; awarding and managing
sub grants; and carrying out o~treach pertaining to the assessment activities..
e. The funds may not be nlixed between the two categories. The funds must be used
on activities for their respective type of contamination and must not be used for
activities where the other type of contamination is the predominant concern.
B. Ineligible Uses of the Funds for'the Cooperative Agreement Recipient
1. Cooperative agreement funds shall not be used by the CAR for any of the following
activities:
a. Site-specific cleanup (remedial) activities, other than cleanup planning approved
by EP A in 'the work plan;
h. Development actiVities that are not brownfields assessment activities (e.g.,
construction of a new facility); ,
c. Job training unrelated to perfonning a specific assessment at a site covered by the
grant;
d. To pay for a penalty or fine;
e. , To pay a federal cost share requirement (for example, a cost-share reqUired by
another Federal grant) unless there'is specific statutory authority;
f. T9 pay f(:lr a response cost at a brownfields site. for which the recipient of the grant
or subgrant is potentially liable under CERCLA ~107;
g. To pay a cost of compliance with any federal law, excluding the cost of
compliance with laws applicable to the assessment; and
h. Unallowable costs (e.g., lobbying and fund raising) UI?-der applicable OMB '
Circulars. . ,
2. Under CERCLA l04(k)(4)(B), administrative costs are prohibited costs under this'
agreemerit. J:.lrohibited administrative costs include all indirect costs, under applicable
OMB Circulars.
Final RIO BF Assessment T &C 07/28/2004
6
"
.'
a. Ineligible administrative costs include costs incurred in the fonn of
salaries, benefits, contractual costs, supplies, and data.processing charges,
incurred to comply With most provisions of the Uniform Administrative
Requirements for Grants contained in 40 CFR Part ~ 1. Direct costs for
. grant administration, with the exception of costs specifically identified as .
eligible programmatic costs, are. ineligible even if the grant recipient is
required to carry out tbe activity under the grant agreement.
b. Ineligible grant.administration costs include:
(1) Preparation of applications for Brownfield.s grants;
(2) . Record retention required under'40 CFR 31.42;
. .
.. (3) Record-keeping associated with supplies and equipment purchases required
under 40 CFR 31.32 and 31.33;
(4) Prepar41g revisions and changeS in the budgets, scopes of work, program
plans and other activities required under 40 CPR 31.30;
'(5) Maintaining and oper~ting financial management systems requiTed und~ 40
CFR31; .
(6) Preparing paYment requests and handling payments under 40 CFR 3 L2i;
(7) Non-federal audits required under 40 CFR 31.26 and OMB Circular A-133;
and
(8) Close out under 40 CPR 31.50.
3. Cooperative agreement funds may DQt be used for any of the following properties:
a. Facilities listed, or proposed for listing, on the National Priorities List (NPL);
b, Facilities subject to unilateral administrative orders, court orders, adQrinistrative
orders on consenfor judicial consent decree issued to or entered by parties under
CERCLA; .
c. . Facilities that are subject to the jurisdiction, custody or control of the United
States government except for land held in trust by the United States goveminent
for an Indian tribe; or .
d. A site excluded from the definition of a brownfields site for which EP A
has not made a property-specific funding detennination.
C. Interest -~earing Accounts and Program Income
1. In accordance with 40 CPR 31.25(g)(2), the CAR is authorized to add program income to
Final RIO BF Assessment T &C 07/28/2004
7
"
the funds awarded by the EP A and use the program income under the same terms and .
conditions of this agreement. Program income for the assessment CAR shall be defined . .
as the. gross income received by the recipient, directly generated by the cooperative
agreement award or ealried during the period of the award. Program income includes, but
is not limited to, fees charged for conducting assessment, site characterizations, clean up
planning or other activities when the costs for the activity is charged to this agreement.
2.
The CAR must deposit advances of grant funds and program income (e.g., fees) in an
interest bearing account' .
a. Interest earned on advances, CARs are subject to the provisions of 40 CPR
~31.21(i) to remitting interest on advances to EP A on a quarterly basis.
b. Interest earned on program. income is considered additional program
income.
.IV. ASSESSMENT ENVIRONMENTAL REQUIREMENTS
A. Quality Assurance (QA) .Requirements
1. Acceptable Quality Assurance. documentation must be submitted to the EP A Project
Officer within 30 da~ of the acceptimce of this agreement or another date as negotiated
with the EP A Project Officer. No work i~volving direct measurements or data
generation, enviromneptal modeling, compilation of data from literature or electronic
media, and data supporting the design, construction, and operation of environmental
technology.shall be initiated under this project until the EPA Project Officer, in concert
with the EP A Quality As~urance Manager, has approved the quality assurance docliment.
(For more information contact your EP A Project Officer or see 40 CPR 30.54 or 31.45, as
appropriate.)
B. Completion of Assessment Activities
2. The CAR shall properly document the completion of all activities described in the EP A
approved scope of work. For site-specific work this shatl include a final report or letter
. from a qualified environmental professional, or other documentation provided by a State
6r Tribe that shows assessments are complete.
..
C. An AppropriateInquiry
1. As required by CERCLA ~104(k)(2)(B)(ii) and CERCLA SlOl(35)(B).. the CAR shall
ensure that a "Phase f' site chCJl'acterization arid assessment carried out under this
agreement will be perfonned in accordance with American Society of Testing and
Materials (ASTM) standard E1527-00, "Standard pz:actices for Environmental Site
Assessment: Phase I Environmental Site Assessment Process," until EP A promulgates
final federal standards governing the . conduct of "ali appropnate inquiry." After EP A
promulgates final regulations governing the conduct of all appropriate inquiry, Phase I
site characterizations and assessments will'have to be conducted in compliance with the
Final RlO BF Assessment T:&C 07/28/2004
8
'.
,
,
final regulations. This does not preclude the use of grant funds for additional site
characterization ,and assessment activities that may be necessary to characterize the
environmental impacts at the site or to comply with applicable State standards.
Final R10 BF Assessment T &C 07/28/2004
9
WORK PLAN
FOR
KITSAP COUNTY BROWNFIELDS ASSESSMENT GRANT
CHARLESTON BEACH ROAD SITE
August 11, 2004
Submitted by
Kitsap County
Department of Community Development
Eric Baker, Project Manager
(360) 337-4495
FAX (360) 337-4925
ebaker@co.kitsap.wa.us
TABLE OF CONTENTS
Section Title Page
1.0 Introduction 3
2.0 Project Description 3-4
3.0 Quality Assurance Requirements 4
4.0 Schedule 4
5.0 Budget 4-7
6.0 Reporting 7
6.1 Quarterly Reports 7
6.2 Other Oeliverables and Measures of Success 7-8
Appendix A
Project Schedule
Kitsap County Brownfields Assessment Grant
Charleston Beach Road Site
2
1.0 INTRODUCTION
This Work Plan will detail Kitsap County's proposed actions for the environmental assessment
of the Charleston Beach Road site using EPA Brownfields funding. The Work Plan will include a
proposed schedule and budget for the assessment of petroleum contamination and hazardous
substances on site.
2.0 PROJECT DESCRIPTION
The Brownfields Assessment of the Charleston Beach Road site is a large part of the
redevelopment of Navy Yard City, a community just outside of the City of Bremerton. This site
currently consists of numerous properties occupied by dilapidated commercial and industrial
uses. The real and perceived environmental contamination associated with these historic uses
have been a significant impediment to redevelopment.
The site consists of 26 individual properties on the east and west sides of Charleston Beach
Road located directly across from the Puget Sound Naval Shipyard's Missouri Gate. These
properties were selected in the original Brownfields Assessment for Kitsap County and have
preliminary environmental assessments completed. It is estimated that the contamination on
these properties primarily consists of petroleum, polynuclear aromatic compounds, solvents and
metals from uncontrolled spills and leakages from the historic commercial and industrial uses.
The environmental assessment would identify the nature and extent of the contamination,
quantify impacts to human health, evaluate cleanup options and propose a Cleanup Action Plan
to prevent future risks to the environment.
Site assessments will be conducted in a manner consistent with an approved Quality Assurance
Project Plan (QAPP). This plan to be developed at the beginning of the project will establish
assessment and measurement techniques and contaminant reporting methods for the project.
The County will ensure compliance with the Endangered Species Act and National Historic
Preservation Act through a comprehensive permitting and assessment process. Project staff
will coordinate NHPA issues with the Suquamish Tribe (a project partner), and the Washington
Office of Archaeological and Historic Preservation (OAHP).
The County will reengage the Brownfields Task Force formed during the original assessment.
The membership of this Task Force includes private property owners, the City of Bremerton,
United States Navy, state and local regulators and may be broadened to provide more
representation for the property owners in the Charleston Beach area. The County will publicize
and hold Task Force meetings to discuss the goals, methods and results of the assessment
project. Drafts of project documents will be made available to the public for review and
comment. Public comment will be used to refine the documents before they are finalized.
Additional meetings with key stakeholders such as the Navy and City of Bremerton will be held
to further the overall goals of the project.
As members of this Task Force from the beginning of the original assessment, the Department
of Ecology and Kitsap County Health District have participated in the selection of sites, review of
environmental analyses and design of future remedial actions. Both agencies will have an active
role in reviewing and commenting of the measurement of reporting of potential environmental
contaminants.
The Brownfields Assessment will promote future environmental cleanup of these sites and, in
conjunction with Washington State Department of Transportation Gateway transportation
project, provide viable commercial and industrial property on a major state highway and in close
proximity to Puget Sound Naval Shipyard operations.
The Project's goals are to:
. Identify potential soil and groundwater contaminants associated with the subject
properties;
. Prepare a preliminary cleanup plan for use by public and private parties in future
development projects;
. Begin the process of removing underutilized industrial/commercial properties and
replacing them with new development capable of supporting the Puget Sound Naval
Shipyard and its future needs; and
. Produce a redevelopment plan that folds the subject properties into a greater concept for
the Bremerton area;
3.0 QUALITY ASSURANCE REQUIREMENTS
Kitsap County will develop Quality Assurance Project Plan (QAPP) 1 for the Charleston Beach
Road site. The QAPP for this project will define quality requirements for sampling and data
collection, analytical methods, and data evaluation. The existing QAPP was prepared as part of
the Kitsap County Brownfields Assessment Demonstration Pilot Project to define quality
requirements for sampling and data collection, analytical methods, and data evaluation. The
existing QAPP was prepared in accordance with EPA's QA-R5 guidance document and includes
methods and quality measures for collecting soil and groundwater samples at sites that include
the Charleston Beach Road site. As remedial design activities proceed, the County will identify
supplemental characterization and confirmation sampling requirements for the remedial actions
at these sites.
4.0 SCHEDULE
Appendix A contains the full schedules for the completion of this assessment project.
5.0 BUDGET
Clean up activities have been divided into five tasks: Project Administration, Site Investigation,
Remediation Planning, Community Involvement and Redevelopment Planning. The following
tables present the task activities and the associated budgets for each specific task.
1 Quality Assurance Project Plan, Kitsap County Brownjield~ Demonstration Pilot Project - Phase II Site Assessments-
Gorst, Washington. Prepared for Kitsap County by Parametrix. August 2002.
Kitsap County Brownfields Assessment Grant
Charleston Beach Road Site
4
Project Site Remediation Comm. Redev. Total Hazardous Petrol.
Admin. Invest. Planning Involve. Planning Waste
Personnel
Planner: $1,250 $1 ,000 $500 $500 $500 $3,750 $750 $3,000
100 hrs. @ $37 per
hr.
SUB.TOTAL $1,250 $1 ,000 $500 $500 $500 $3,750
Travel
Mileage: $15 $15 $15 $15 $15 $75 $25 $50
200 Miles at $.375
per mile
Lodging: $0 $0 $300 $0 $0 $300 $100 $200
Brownfields 2004
2 Nights @ $150
per night
Miscellaneous $0 $0 $50 $0 $50 $100 $33 $67
Travel: Parking, Per
Diem, etc.
SUB-TOTAL
Supplies
Telecommunications $0 $100 $0 $0 $20 $1201 $40 $80
Minutes, Phone
Cards, Etc
Digital Camera $0 $250 $0 $0 $0 $2501 $83 $167
Document $0 $100 $250 $100 $500 $950 $317 $633
Production
Presentation $0 $0 $200 $500 $200 $900 $300 $600
Materials
Sub-Contractors
Project $10,000 $0 $2,200 $0 $5,000 $17,2001 $4,733 $12,467
Management
QAPP/Final Report $0 $12,500 $0 $0 $0 $12,500 $3,002 $9,498
Miscellaneous $0 $100 $0 $0 $0 $100 $33 $67
Sampling Supplies
Well Installation $0 $30,000 $0 $0 $0 $30,00 $8,000 $22,000
Laboratory $0 $40,000 $0 $0 $0 $40,00 $9,333 $30,667
Site Planningl $0 $10,000 $10,000 $0 $20,000 $40,000 $9,333 $30,667
Design
Kitsap County Brownfields Assessment Grant
Charleston Beach Road Site
5
$5,000
$0 $25,000 $33,00d
Environmental
Review
Public Meeting
Facilitation
$0 $3,000
$9,000
$24,000
$0
$0 $10,000
$0 $10,0001
$0
$2,333
$7,667
SUBTOTAL $10,000 $95,600 $17,200 $10,000 $50,000 $182,800 $45,767 $137,033
GEOPROBE $0 $10,000 $0 $0 $0 $10,00 $2,333 $7,667
Rental by County
PIO
Rental by County
SUB-TOTAL
$0
$755
$0
$0
$0
$755
I
$10,755
$252
$503
$2,585
$8,170
$0 $10,755
$0
$0
$0
Task 1 - Project Administration
Labor includes county staff time, specifically Mr. Eric Baker (Brownfields Coordinator) to prepare
written reports of work, negotiate contractor and subcontractor agreements, manage grant
funds, and communicate the progress of work to EPA and County Commissioners. The labor
includes all fringe benefits. Minor travel, equipment and supplies are expected. No indirect
costs are anticipated and are not included if! the budget. The County will contract a portion of
this task to a professional services firm to assist with project administration and reporting.
Task 2 - Site Investigation
This entire activity will be contracted to a professional services firm. The County will retain a
firm to develop QAPP and HSP for the site and conduct intrusive environmental site
investigations including soil and groundwater sampling. The firm will also compile and report all
data regarding the findings on the site to the Kitsap County Health District and Washington
State Department of Ecology. Limited travel may be necessary in evaluating similar projects for
innovative remediation strategies.
Task 3 - Remediation Planning
The activity will be predominantly conducted by a professional services firm. The firm will
compile all assessment results and prepare a preliminary cleanup plan for hazardous materials
and petroleum. The firm will finalize this product through negotiations with the Washington State
Department of Ecology. This cleanup plan will establish parameters for the future remediation of
the site consistent with the nature of the environmental contamination.
Task 4 - Community Involvement
This activity will be predominantly conducted by a professional services firm. This firm will
prepare fact sheets and conduct community outreach activities, which will include re-
establishing the Brownfields Stakeholders Task Force and developing a site-specific Community
Kitsap County Brownfields Assessment Grant
Charleston Beach Road Site
6
Relations Plan. The County will publish public notices for Task Force meetings and will, during
the meetings provide the opportunity for written and verbal comment on project activities.
Additional comments will be received for up to 15 days following each Task Force meeting.
Public comments will be considered and incorporated into project activities as appropriate. Task
Force meetings are identified in the project schedule (Attachment A). Project draft documents
will be released for a minimum of 30 days for public review and comment. The County will use
these comments to refine and finalize the documents.
Task 5 - Redevelopment Planning
This activity will be predominantly overseen by a professional services firm. The firm will
evaluate potential land use/redevelopment options of the site and prepare a redevelopment plan
including possibilities for future funding sources.
6.0 REPORTING
Kitsap County will provide all required to reports to EPA Region 10 in a timely manner.
6.1 QUARTERLY REPORTS
Kitsap County will provide eight quarterly progress reports to the EPA no later than 30 days after
the end of each quarter.
6.2 OTHER DELlVERABLES AND MEASURES OF SUCCESS
The County expects to complete the following tasks and submit the following reports as part of
this project:
Project Administration
. Prepare and submit Quarterly Reports to EPA (Q3 04 - Q4 05)
. Prepare and update Property Profile Forms (Q4 04)
. Request for Proposal for Contracted Services (Q3 04)
. Financial Status Reports (Q3 04 - Q4 05)
. Project Close-Out Report (Q4 05)
. Effective and efficient project coordination (Q3 04 - Q4 05)
Site Assessment
. Amended QAPP and HSP describing techniques for testing and assessment (7/04)
. Consultation with state and federal agencies in regards to environmental regulations
(Q3 04 -Q2 05)
. Conduct intrusive environmental site investigations and provide report on findings
(Q3 04 - Q1 05)
. Prepare and submit preliminary cleanup plan (Q2 05 - Q3 05)
Kitsap County Brownfields Assessment Grant
Charleston Beach Road Site
7
Community Involvement
. Site-specific Community Relations Plan (03 04)
. Submit relevant documents and analyses into the Administrative Record/lnformation
Repositories to ensure availability to the general public (03 04 - 04 05)
· Notice of availability of draft analysis of Brownfields Cleanup alternatives for a minimum
of 30-day review and comment period (03 05)
. Designate spokesperson and establish administrative record and information
clearinghouse convenient to the project site (03 04)
. Reengage Brownfields Task Force and conduct six public task force meetings
(03 04 - 04 05)
· Notice of availability of draft assessment for a minimum 30-day comment period (02 05)
· Document significant comments and the County's responses to them (03 04 - 04 05)
· Produce up to four project fact sheets (03 04 - 04 05)
Redevelopment
. Develop report of future land use redevelopment options for the site (04 05)
. Prepare plan for acquiring future public and private funding for the redevelopment
(04 05)
. Engage prospective investors in redevelopment of the Charleston Beach area
(02 05 - 04 05)
Kitsap County Brownfields Assessment Grant
Charleston Beach Road Site
8
FINAL BROWNFIELD ASSESSMENT GRANT PROPOSAL
CHARLESTON BEACH ROAD SITE
KITSAP COUNTY, WASHINGTON
B. APPLICANT INFORMATION
1. Project Title: Charleston Beach Road Segment of the State Route 304 Transportation
Improvement Project; Kitsap County Brownfields Target Site KCB500. Refer to Attachment A for
map and site selection information.
2. Grant Type: Kitsap County is applying for an assessment grant. The application is requesting
$150,000 to assess petroleum contamination and $50,000 to assess petroleum commingled with
hazardous substances.
3. Total Dollar Amount Requested for this Grant: $200,000
4. Applicant: Kitsap County Department of Community Development, Kitsap County, Washington
5. ' Project Contact: Eric Baker, Senior Planner
Kitsap County Department of Community Development
614 Division Street, MS-36, Port Orchard, WA, 98366-4682
Phone: (360) 337-7181
Fax: (360) 337-4925
ebaker@co.kitsap,wa.us
6. Chief Executive: Jan Angel, Kitsap County Commissioner
614 Division Street MS-4, Port Orchard, WA 98366
Phone: (360) 337-7146
Fax: (360) 337-4632
iangel@co.kitsap.wa.us
7. Location: Navy Yard City, Kitsap County, WA
8. Population:a Kitsap County, WA :231,969; Navy Yard City: 2,685
9. Special Consideration: Navy Yard City is defined as Census Tract "53035081000, which is
qualified as a HUBZone (Historically Underutilized Business Zone) under 13 CFR PART 126.103)
and as defined by the Small Business Administration.
THRESHOLD CRITERIA FOR ASSESSMENT GRANTS
A. Applicant Eligibility
1. Kitsap County is a general purpose unit of local government, as defined in 40CFR31.
B. Community Notification
Kitsap County conducted a public meeting on November 19, 2003 to present dran proposals and solicit
comments from the public and the project Task Force.
1. Kitsap County implemented the following steps to notify the community of the preparation and
submission of this grant proposal and to solicit public comment on specific elements of the
proposal:
a Source: State of Washington Office of Financial Management 2003 Estimates Used for Allocation of
Selected State Revenues, available online at ttp://www.ofm.wa.gov/pop/apriI1/finalapriI12003popofcities.pdf
Kitsap County, Washington
Brownfield Pinal Proposal: Charleston Beach Road Site
December 2003
Page 1 of 15
. Press release/fact sheet (see Attachment B) sent to regional daily journals that service Kitsap
County including The Sun newspaper and the Porl Orchard Independent (Kitsap Newspaper
Group);
. Fact sheet mailed to 200 individuals representing the community, local government, and
interest groups;
. Meeting notification sent to BKA T (Bremerton public access television);
. Fact sheet and meeting notification posted to Kitsap County Website; and
. Kitsap County Brownfields Task Force member notified of meeting via e-mail two weeks prior
to meeting date.
C. Letter from the State or Tribal Authority
A letter from the Washington State Department of Ecology acknowledging Kitsap County's plan to conduct
assessment activities and apply for federal funds is provided in Attachment C.
D. Site Eligibility and Property Ownership Eligibility
1. No waiver of the $200,000 per site funding limit is being requested.
2. Parcel names, addresses, operational history, environmental concerns, and current site use and
activity for the 16 tax parcels comprising the Charleston Beach Road Target Site are listed in Table
1.
3. A property-specific determination is not necessary for the sites listed in Table 1.
4. Current Owners are listed in Table 1. The ownership history is highly variable, and available
records are incomplete. Kitsap County completed a Phase I environmental site assessment in
2002b that identified significant site historical uses as listed in Table 1.
5. Sites became contaminated through the uncontrolled spills, leaks, and discharges from former
automotive maintenance, fuel storage, and industrial equipment storage and maintenance
operations. Contaminated soil and groundwater are known to exist within the project boundariesb.
The principal contaminants are known to be petroleum consisting of gasoline, diesel, and motor-oil
range constituents. The Phase I environmental site assessment also identified several historical
source areas that could contribute hazardous substances such as metals, polynuclear aromatic
compounds, and solvents to soil and groundwater.
6. Kitsap County is aware of no environmental enforcement actions at the Charleston Beach Road
site.
7.
a.
Kitsap County is the jurisdictional authority for the site. It has no direct relationship with
current property owners.
b Charleston Beach Road Brownfields Target Site Phase I Environmental Site Assessment, prepared for
Kitsap County Deparlment of Community Development by Parametrix, March 2003
Kitsap County, Washington
Brownfield Final Proposal: Charleston Beach Road Site
December 2003
Page 2 of 15
b. The current owners will provide historical information to support assessment actions.
c. Access to the sites will be secured using Washington State Department of Transportation
(WSDOT) right of eminent domain. Attachment D includes a letter with WSDOT's
commitment to the project. The City of Bremerton is the lead agency for the SR304 project
and has previously secured access for the Phase I environmental site assessment.
8. Kitsap County does not own any of the parcels within the Charleston Beach Road site.
Petroleum Sites
9. The state determination of site eligibility regarding petroleum contamination is provided in
Attachment E. The eligibility is based on the following information submitted to Kitsap County:
a. Current Owner: Current owners are listed in Table 1.
b. Property History: Properties were created in the 1920s through 1970s as the US Navy,
State of Washington, and private entities filled along the Bremerton shoreline. The area
has been a mixed use of commercial, industrial, manufacturing, fuel storage, and
residential since the 1920s. A summary of known historical land use is presented in Table
1.
c. Petroleum Contamination History: Sites became contaminated through the uncontrolled
spills, leaks, and discharges from automotive maintenance, fuel storage, and industrial
equipment storage and maintenance. Releases are thought to have occurred between the
1930's and present. The complexity of site history does not allow for a clear definition of
parties that may be responsible.
d. Other Party Information: Kitsap County has no information regarding whether any
additional parties can be identified that will be subjugated to either cleanup judgments
rendered in court or filed enforcement actions.
e. Other Party Leqal Obliqation: Kitsap County has no information regarding whether any
additional parties can be identified that will have adequate financial resources for legal
obligations.
Kitsap County, Washington
Brownfield Final Proposal: Charleston Beach Road Site
December 2003
Page 3 of15
3-08367
Table 1. Information for Parcels Comprising the Charleston Beach Road Target Site (continued)
Pidduck,
Thomas G. &
Karen
3290 NE.Arrowhead
Drive
3-08368 Reinbold,
Margaret M.
3-08369
3Q08370
f 3-08371
................................ .........................................mu..mm.....
Wright, Douglas
& Janet, and
Gooch, Del and
Sail
11012 Canyon Rd. E.,
Ste. 3, Puyallup, WA
Mobley, Ronald
& Susan
P.O. Box 3010,
Bremerton
: 3~083;2rJones, C. Jack !3629 MccaITBlvd:;'
L...... ..................... ..................J ....................~....tt9:t;E?L ..!..~rE?r.nE?~C?D.,YY.!\~??J.?..
! 3-08373 i Jones, J.C. 1 3629 McCall Blvd.,
I................ ....... .... ................J..................mE?rgL.. ...............L~r~r.n~.~C?D.!..YY.!\.~??1?,
f 3-08374 I Berg's Inc. 13629 McCall Blvd.,
!! ! Bremerton, WA 98312
!...'!....Berg.r3629 McCall Blvd.,'"
1 3-08375 I Enterprises & I Bremerton, WA 98312
Brown
r3:08376 i B r M II 'j3629 McCaiTBivd.;
13-08~.??L e g, 0 YJ.~T~r.n~~c?Q,YY.~.~??J,?
I 3-08378 j Brown, Esther I 3629 McCall Blvd.,
L. .................................-1 ...........................................................: ..~r~rnerton.!...YJA...~??12
1229 ! P . I I Past bulk fuel storage,' possible I I
! enlnsu a i ! i
Charleston I F I s or e! releas~s of petroleum and : Open space I Phase 1
Beach I uef: il~t ag 1 waste ofl (metals, solven.ts) to ! and Storage ! completed
Road: c Y ! groundwater and SOIl I 1
1'23.1...................., ................................................1. ............-. .......................................................... I..............................................................,'....
Charleston I Former I Potential impacts ~rom adjacent I House
Beach , garage propertIes
Road
.........1236.
Charleston
Beach
Road
...................... .....,.................................~...
,..............................................................."__m.
Print shop
Potential releases of paint and
printing solvents to ground
..,....'..'m....n.........m".......m........."......~.......~....
1234 State
Hwy 304
Fuel storage,
solid waste
maintenance
facility
I Past bulk fuel storage; possible
. releases of petroleum and
waste oil
(metals, solvents) to
groundwater and soil
Canyon
Auto Paint
Supply
Pro Rentals'
Storage
No action
to date
No action
to date
No action
to date
. .
. .
. .
. .
. .
. .
. .
. .
....................................m...".......i................................................................m.........................................................................."......"..!..................................................m............~..m............m..........m
Hobby shop, I Potential impacts ~rom adjacent I Pro Rentals . No action
"'mmm'm... Pro Rental !.....J?.r.C?P~E~I~~)mm.L..........tg9.9te
No street
address
Former solid
waste transfer
station
parking
Potential releases of metals
and organic contaminants to
soil and groundwater
m..."............"...................................~. ............... ....................... .... m.....................~....
Kitsap County, Washington
Brownfield Final Proposal: CharlestOIl Beach Road Site
Junk car
storage
No action
to date
December 2003
Page 5 of 15
Parcel
10
3-08353
Property
Owner
3-08354 I City of
Bremerton
............... ...............
3-08355 i City of
Bremerton
.................
3-08356 i City of
Bremerton
...............
3-08357 i City of
Bremerton
3-08360
3-08361
3-08362
3-08363
3-08364
3-08365
3-08366
Berg J Molly
Pidduck,
Thomas G. &
Karen J.
Morey, Richard
L. & Jacqueline
J.
Table 1. Information for Parcels Comprising the Charleston Beach Road Target Site
3027 Olympus Dr. 1131
Bremerton, WA 98310 Charleston Gas station
Beach Rd
3027 Olympus Dr. !...1127""......r.... ..................... I ~ci.n.HrmedLUST.(4...re.m6ved,f.....I.........................T ................
Bremerton, WA 98310 ! Charleston ! Gas statIon ! m-place) ! Vacant lot ! Phase 1 i
...........................!f?~9.9.hBg......L.......... I I! completed .
3027 Olympus Dr. I 1116 I:..r ~onfirmed groundwater"and sofl"'j' .....I..On~g6ing:
: Bremerton WA 98310 ! Charleston i Gas stat/on . Impacts from LUST (benzene ! Vaca~t gas i d' I
i3W6IYrniUsDrrve-l-~~BsLITaXrCOmpany~~~- ~_j _~at~n _jr;~~
I Bremerton, WA 98310 I 11~8 State i maintenance i Leak fr~m hydraullc,lIft tank, , Vacant i Phase 1
wy. 3 !....~b9P ! spilled auto fluids : commercial ! completed
Potentia" releases of metaJsana.....'.............................;..
Former auto organic contaminants to soil and
repair shop groundwater
1205 I Treasure Mtn:"'f'Potential rele'ases of metals and"J
Charleston I Gold Co. j organic contaminants to soil and! Storage
Beach R~.:.....!.......~!9E~ge yar.9 I groundwater ....,.............
.! Past bulk fuel storage; possible
releases of petroleum and
waste oil (metals, solvents) to
groundwater and soil
Owner Address
3027 Olympus Dr.
Bremerton, WA 98310
3629 McCall Blvd"
Bremerton, WA 98312
3290 N.E. Arrowhead
Drive, Bremerton, WA
98312
3899 Chico Way NW
Bremerton, WA 98312
Kitsap County, Washington
Brownfield Final Proposal: Charleston Beach Road Site
Site
Location
Operational
History
1127
Charleston
Beach Rd.
Former auto
repair shop
1145
Charleston
Beach Rd,
1215 Peninsula
Charleston Fuels storage
Beach Rd. facility
Environmental Concerns
Potential releases from waste
handling and underground
tanks; petroleum, metals, and
vol~tile org.9.!,:!ics
I Potential spilled gasoline/auto
. fluids from septic tank
Current
Site Use
Status
Phase 1
Vacant lot completed
Phase 1
Vacant lot completed
Vacant Phase 1
commercial completed
Phase 1
completed
5-bay auto Phase 1
repair shop completed
December 2003
Page 4 of 15
RANKING CRITERIA
A. Assessment Grant Proposal Budget
Assessment activities have been divided into five tasks:
. Project Administration;
. Site Investigation;
. Remediation Planning;
. Community Involvement; and
. Redevelopment Planning.
The estimated scope and budget for the Charleston Beach Road site assessment is presented separately
for activities associated with hazardous substances and petroleum contaminants. It is anticipated that
approximately $50,000 will be required for investigation of hazardous substances and $150,000 for
petro leu m contamination.
Tables 2 and 3 summarize scope elements and present budgets for assessment activities.
Table 2. Assessment Scope and Budget - Charleston Beach Road Hazardous Substances
Task Description Labore Travel Equip Sub. Total
contractorsd
1 Project Administration: project $1,250
management, monthly/quarterly
reporting, schedule and budget
maintenance, subcontract management,
project close-out, and stakeholder
coordination
.. .............. ........................ ........m~...m.._...........................
2 Site Investigation: prepare a QAPP $1,000
and HSP; conduct intrusive site
investigations, soil and groundwater
sampling, and analysis, data
~9.~9g~~~.~J'9.~9._r~pgdi~g .... .. .._._ ..
3 Remediation Planning: prepare $500
preliminary cleanup plan; and negotiate
with Department of Ecology
.............. ...................,........................................ ................................................................. ,.
4 Community Involvement: prepare fact $500
sheets and quarterly newsletters; revise
existing community involvement plan;
conduct community involvement
. . .. .~~~!(~g~;~~g9.g~~!9~~~gl9.~r~_
5 Redevelopment Planning: evaluate $500
potential land-use/ redevelopment
options; prepare a redevelopment plan;
seek additional funding
TOTAL
$3,750
$0
$0
$3,000 $4,250
(program
management
consultant)
....................... . .....................................................................................................
$200 $0 $30,000 $31,250
(engineering
consultant)
. .................. .....................................................................,. ... .......................................................
$0 $425 $4,500 $5,375
(GIS) (engineering
consultant)
.... .......................................... ..
$100 $0 $3,200 $3,800
(public
involvement
consultant)
$325 $0 $4,500 $5,325
( developer/
landuse
planner)
.. ............ ........................................ .......................................................... .
$625 $425 $45,200 $50,000
C Labor budget is for County staff only.
d Subcontractors are competitively procured professional services and construction companies that will
provide design, construction, and technical assistance.
Kitsap County, Washington
Brownfield Final Proposal: Charleston Beach Road Site
December 2003
Page 6 of 15
Table 3. Assessment Scope and Budget - Charleston Beach Road Petroleum Contaminants
Task
Description
Labore Travel Equip Sub.
contractorsf
Total
2
Project Administration: project
management, monthly/quarterly
reporting, schedule and budget
maintenance, subcontract
management, project close-out,
and stakeholder coordination
. ... ....................... .... ............................................................. m.. ... ........m.. .............................
Site Investigation: prepare a $2,500
QAPP and HSP; conduct intrusive
site investigations, soil and
groundwater sampling, analysis
.mmmq9.~~r.n~Q~g~~~Q!,..~QqE~p9.~i.Qg
Remediation Planning: prepare
preliminary cleanup plan;
negotiate with Department of
Ecology
................................. .......m......... ........................................................... .
Community Involvement:
prepare fact sheets and quarterly
newsletters, revise existing
community involvement plan;
conduct community involvement
mr.n~~~.iQg~,~~g~g~.~!~~~~9.lq~r~
Redevelopment Planning:
evaluate potential land-use/
redevelopment options; prepare a
redevelopment plan;
seek additional
TOTAL
$300
$0 $9,000 $12,750
(program
management
consultant)
$50
$91,000
(engineering
consultant)
. ........... ..............................................
$300 $14,800
(GIS) (engineering
consultant)
$0
$0
$350
$10,000
(public
involvement
consultant)
$15,000
( developer/
land use
planner)
$139,800
$93,750
$16,100
$11 AOO
$16,000
$150,000
$3,750
$0
Kitsap County intends to competitively procure community-based professional services to perform and
report on assessment activities, including work plan, QAPP preparation, intrusive sampling and analysis,
planning, and reporting.
$200
3
$1,000
$0
1. The project is located in the Navy Yard City neighborhood adjacent to the Puget Sound Naval
Shipyard. Since the early 1900s, the shipyard has represented the primary source of jobs in Kitsap
4
$1,300
$100
e Labor budget is for County staff only.
f Subcontractors are competitively procured professional services and construction companies that will
provide design, construction, and technical assistance.
5
$1,000
$0
$9,550
B. Community Need
Kitsap County, Washington
Brownfield Final Proposal: Charleston Beach Road Site
December 2003
Page 7 of 15
County. The Navy Yard City community draws its name from its history as the neighborhood that
housed a large contingent of shipyard workers and their families. Over the past 20 years, the Navy
has changed technology and its overall mission in the Puget Sound area. This has resulted in the
loss of over 20,000 craftsman, tradesman, and service-based jobs within the Shipyard and in
adjacent service businesses. The loss of jobs lowered the demand for housing and services
resulting in a Navy Yard City neighborhood that is currently 48% non-owner occupied. Quality
industrial-commercial properties were not developed to supplement the loss of jobs, and
infrastructure has degraded from lack of an involved community. Demographic information about
the community is summarized beloW9:
. 33% of working age residents without disabilities are unemployed.
. 21% of the population is disabled.
. 48% of the residences are non-owner occupied.
. 62% of residents have been in the neighborhood for less than 5 years.
. Only 13% of residents have a 4 year college degree.
. 20% of families are below 150% poverty level.
. Over 40% of families receive some form of public assistance.
The Navy Yard City neighborhood needs this project to develop new commercial/industrial
properties that will stimulate new job opportunities within the neighborhood. The proposed project
will improve aesthetic qualities, quantify environmental impacts, generate new buildable lands, and
create new access points between the shipyard and the Navy Yard City. The community
enhancements provided by the State Route 304 Transportation project have already made
significant positive impacts on the adjacent communities of west Bremerton and will improve the
infrastructure needed in Navy Yard City to accommodate improved community transportation,
housing, and commercial facilities.
2. Considering the future availability of new infrastructure (roads, utilities) on clean or remediated
properties, and the location and direct access to the Puget Sound Naval Shipyard, the redeveloped
Charleston Beach Road is expected to represent an attractive location for new businesses to
locate jobs and services. Kitsap County intends with this grant to quantify environmental
contamination and negotiate cleanup requirements with the Washington Department of Ecology.
This information, combined with proposed right-of-way acquisition and roadway improvements
provided by the State Route 304 project, will be presented to potential development agents. The
County's goal is to develop a public/private partnership to establish a commercial/light-industrial
center that will support the changing shipyard mission and stimulate new small business startups in
this historically underutilized business zone.
3. Kitsap County's brownfields target sites inventory prepared in 2002, identified 8 of the top 10 sites
in the County as being within 2 miles of the Navy Yard City neighborhood. The primary community
impact is quality commercial property that is not being redeveloped, in part because of the low
economic health of the Navy Yard City, west Bremerton, and Gorst communities. This impact
results primarily from the loss of shipyard and natural resource (timber/fishing) jobs. Brownfiefds in
the vicinity of Navy Yard City include two former lumber mill sites, fuel storage facilities, abandoned
9 US Census Bureau Profile for General Demographic Characteristic far Garst, WA.
Kitsap County, Washington
Brownfield Final Proposal: Charleston Beach Road Site
December 2003
Page 8 of J 5
industrial landfills, and mining and aggregate processing sites. These sites are located principally
along the Sinclair Inlet shoreline and impact the community by limiting shoreline access, impacting
shoreline ecosystems, destructing view corridors, and deterring coordinated redevelopment of
recreational, commercial, residential and industrial facilities in the Navy Yard City - Gorst corridor.
The County's on-going brownfields initiative is addressing these issues by building partnerships
and applying State and Federal grants to stimulate restoration, reclamation, and remediation of
these sites.
C. Site Selection Process
1. In 2001, Kitsap County (working under a Brownfields Assessment Demonstration Pilot) conducted
a county-wide, comprehensive inventory and prioritization potential Brownfield Target Sites. To
evaluate "top ranked" target sites, the County completed a semi-qualitative scoring to objectively
assess the best opportunities for brownfields redevelopment. The rationale for scoring was based
on input received from the Brownfields Project Task Force and the community during meetings
held in October 2001. Based on a review of grant requirements, specific ranking criteria, and the
relative importance of the criteria (as expressed by the Task Force and community members), the
project team developed the following initial scoring system:
. Four scoring categories, each worth a maximum of 20 points;
. Weighting of each category based on the relative importance of criteria, as defined by the task
force and the community; and
. Ranking of sites based on the sum of the total points from each category.
The scoring system provided for a subjective assessment of the property as one of the scoring
categories. The community and Task Force recommended that cleanup and redevelopment of the
top projects be pursued. The Kitsap County Board of Commissioners unanimously approved the
pursuit of funds to implement redevelopment and remediation planning.
2. The site selection process (see Attachment A) considered the following prioritization criteria:
. Regulatory information related primarily to the levels of contamination and the regulatory
framework under which cleanup activities would occur. The scoring criteria provided higher
scores for sites with a higher level of contamination and a higher priority ranking, based on the
Washington Ranking Method (WARM) developed by the Department of Ecology.
. Land use related to zoning and the distribution of zoning on surrounding properties was
considered. A site that provides an opportunity for habitat restoration or mitigation was given a
high score. Critical areas that could hinder redevelopment opportunities resulted in a lower
score.
. Develop ability considered sites with existing utilities, good transportation access, existing
amenities, and adequate developable area, and gave higher scores to sites that had good
development potential.
. Site potential assessed intangibles related to brownfields redevelopment, including conditions
such visibility of the project, leveraging with other ongoing projects, property owner
participation, and linkages to other economic development goals.
Kitsap County, Washington
Brownfield Final Proposal: Charleston Beach Road Site
December 2003
Page 9 of 15
3. Assessment activities will be conducted on privately owned sites. Access will be secured through
the Washington Department of Transportation right of eminent domain secured for the State Route
304 transportation improvement project.
D. Sustainable Reuse of Srownfields/Development Potential
1. Sustainability will be achieved by redeveloping historical industrial and commercial properties into a
commercial/light industrial zone that provides quality development opportunities for small business
starts. Current redevelopment alternatives include business park, light industrial, commercial retail,
and office park. Specific alternatives include light industrial manufacturing and trade shops to
support outsourced contracts within the Shipyard; a US Navy off campus conference center; and a
retail complex to support the Navy Yard City community and Shipyard workers.
2. Sustainability will be ensured through a joint planning process between the City of Bremerton and
Kitsap County. The City of Bremerton's comprehensive plan is oriented toward a community
centers approach to development and targets Navy Yard City for annexation. Kitsap County is
currently designing new water, sewer, and storm systems that will enhance the roadway and
surface improvements of the SR304 transportation improvement project.
The contaminated site assessments provided by this proposal will lead to cleanup of properties
within the target site. Site redevelopment options described in this proposal will provide for
environmental improvement through reductions in pollution via the cleanup and the improved
pollution control technologies associated with new light industrial manufacturing and trade shops.
The site development policies the County/City may often promote application of green building
technologies, reduction of energy consumption, and pretreatment of stormwater runoff using
bioswales. The stormwater collection, treatment, and conveyance system improvement will be
integrated with the State Route 304 Transportation Improvement Project, to provide protection of
the adjacent saltwater estuary.
3. Jobs will be created through service-based or light industrial business starts within the project area.
With the proximity to the Shipyard and the improvement to Charleston Beach Road infrastructure,
the project area is expected to quickly attract new business starts, provided the environmental and
cleanup issues can be addressed. These new businesses will stimulate local capital investment
and improve the local tax base, which is currently negatively impacted by under utilized properties.
4. Kitsap County is working to prevent further brownfields by identifying and prioritizing industrial
redevelopment areas through the Growth Management Act process. Most County brownfields are
within the designated industrial growth areas. The combination of County and Department of
Ecology environmental regulations provide early warning of environmental compliance problems
and assign responsibility for remediation of releases. This regulatory framework greatly decreases
the occurrence of future brownfields.
5. The Charleston Beach Road project is a targeted annexation area and is currently undergoing
major infrastructure and transportation improvements. The brownfields assessment will allow the
County and City to quantify cleanup liabilities and solicit private partnerships to create new
Kitsap County, Washington
Brownfield Final Proposal: Charleston Beach Road Site
December 2003
Page 10 of 15
business starts. The project is very consistent with the County's goals for linking southern Kitsap
County with the City of Bremerton.
E. Creation and/or Preservation of Greenspace/Open Space or Other Nonprofit Purpose.
1. The State Route 304 transportation improvement project will construct an extension to the
Bremerton Gateway, a parkway into the Bremerton downtown core. The parkway construction will
replace existing paved areas and bare property with landscape buffers, bike paths, and pedestrian
walkways. It will increase landscaped areas by 15% and address stormwater and pedestrian
access issues. Building codes will require future development to maintain a minimum 15%
landscape area.
F. Reuse of Existing Infrastructure
1. Existing infrastructure is degraded. The State Route 304 transportation improvement project will
replace all street, illumination, signals, and non-motorized facilities. The County is currently
designing improvements to sanitary sewer and stormwater facilities along the project corridor,
resulting in new facilities to support development. Redevelopment will be enhanced by the new
infrastructure and the environmental benefits that it provides.
G. Community Involvement
1. Kitsap County will use the community involvement plan developed for the pilot project as a guide to
involving the public in the assessment project. This plan has been very successful in discussing
the specific goals and measures to engage the community and project participants in a process
that is educational, inclusive, and responsive. The community has been informed of key decisions
and the progress of the project and provided the opportunity to give input. The Community
Involvement Program will:
· Provide the community with the necessary information and education about the project, to
ensure informed participation as decisions are reached;
· Emphasize consensus-building that will result in support for an effective redevelopment plan;
· Foster partnerships among agencies and jurisdictions to maximize common interests and
goals, resulting in information sharing and collaborative actions to funding and implement
sustainable redevelopment opportunities;
· Set the stage for the sustainable redevelopment of sites by engaging the community in
discussing reuse and remediation methods necessary to redevelop brownfield sites;
· Keep the public apprised of the project in a consistent and timely manner;
· Identify issues or concerns of potentially affected interests, and assure that they are
addressed; and
· Offer convenient mechanisms for the public to provide input and receive feedback as the
project progresses.
2. Partnerships and stakeholder interests in this project are extensive and highly supportive. They
include the Kitsap County Health District, the Kitsap County Economic Development Council, the
Washington Department of Ecology, the City of Bremerton, the Port of Bremerton, the Suquamish
Tribe, the League of Women Voters, the US Navy, and the Washington Department of
Transportation. Each of these partners have been involved in brownfields work to date and will be
Kitsap County. Washington
Brownfield Final Proposal. Charleston Beach Road Site
December 2003
Page Ii of i5
consulted as cleanup and redevelopment proceed. Letter of support from stakeholders are
provided in Attachment F.
3. The community will be informed and educated about the Charleston Beach Road assessment and
redevelopment project by continuing the on-going brownfields community involvement program
which includes:
· Project fact sheets,
· Briefing packages,
. Press releases,
· Newspaper advertisements, and
· Web-page updates.
Kitsap County will continue to involve the community in the brownfields process by:
· Continuing the task force meetings,
· Holding community information meetings,
· Continuing the on-going community involvement plan, and
· Sending direct mail fact sheets to over 200 community-based organizations and interested
citizens.
The community will also be able to interact with the County and the project team through the
county's web site.
To ensure that the EPA's public involvement goals, environmental justice, and other regulatory
requirements are met, the project team will work closely with EPA, the Washington Department of
Ecology, and the Kitsap County Health District in developing and reviewing critical study elements.
4. Kitsap County has organized a Brownfields Task Force comprised of public, private, governmental,
tribal, and regulatory representatives and public meetings served as the foundation for
development of this assessment proposal. Insights and comments obtained from the Brownfields
Task Force and public meetings served as the foundation for development of this cleanup
proposal. The Task Force consists of several community organizations that fully support this grant
proposal and the Charleston Beach Project. Task Force and community-based organization
information is provided below.
Kitsap COllnty, Washington
Brownfield Final Proposal.' Charleston Beach Road Site
December 2003
Page 12 of 15
COMMUNITY BASED ORGANIZATIONS AND STAKEHOLDERS
Kitsap County DCD, Eric Baker, (360) 337-4997
Grant sponsor. Decision makers for community planning initiatives. County representative. Task
Force Member.
Kitsap County Health District, Grant Holdcroft or Jan Brower, (360) 692-3611
Jurisdictional authority for hazardous site assessments in Kitsap County. Regulatory knowledge of
cleanup requirements/programs. Task Force Member.
Port of Bremerton, Ken Attebery, (360) 674-2381 ext. 21
Industrial land owner. Charter for economic development. Grant recipient for adjacent property in
Gorst. Task Force Member.
Suquamish Tribe, Rob Purser, (360) 598-3311
Represent community environmental concerns. Interest in habitat and Gorst Creek.
Kitsap County Economic Development Council, Butch Dunlap, (360) 377-9499
Recognition of regional economic development needs and opportunities. Task Force Member.
City of Bremerton, Chris Hugo or Gene Sampley, (360) 478-5315
Experience completing Brownfields Projects. Represents largest jurisdiction within project
boundaries. Task Force Member.
Commissioner Appointment, Don Ryan, Represent South County District, (360) 876-3984
Appointed by the Kitsap County Board of Commissioners to represent citizen interest.
Commissioner Appointment, Jane Reese, Represent Central County District and League of
Women Voters, (360) 377-8295
Appointed by the Kitsap County Board of Commissioners to represent citizen interest.
Commissioner Appointment, Leo Vasaitis, Represent North County District, (206) 780-9934
Appointed by the Kitsap County Board of Commissioners to represent citizen interest.
Poggie Club, Dewayne Vetter, (360) 876-9593
Proponent of the Gorst project and financial contributor.
Liberty Bay Foundation, Kathleen Byrne-Barrantes, (360) 697-5815
Proponent of the Gorst project.
Hood Canal Salmon Enhancement Group, Pat McCullough, (360) 275-7384
Proponent of the Gorst project and aided the Port of Bremerton in receiving the Salmon Recovery
Funding Board grant.
EPA Region 10, Susan Morales, (206) 553-7299
Project manager for lead grant agency. Technical advisor on the Task Force.
Washington State Department of Ecology, Judith Aitken (425) 649-7135
Kitsap County Coordinator for Toxics Cleanup. Technical advisor on the Task Force.
H. Reduction of Threats to Human Health and the Environment
1. As part of this project, the City and WSDOT will acquire parcels of commercial and industrial
property. Some of these parcels have been identified in a Phase I environmental site assessment
as having current or past land use practices that suggest a high likelihood for environmental.
contamination from petroleum, polynuclear aromatic compounds, solvents, and metals. These
contaminants can cause significant adverse health affects. Benzene from petroleum and some
polynuclear aromatics are known carcinogens. Numerous nervous system and prenatal effects can
result from exposure to chlorinated solvents and metal contaminants. Media of concern include
soil and groundwater. Investigating the nature and extent of contamination will allow the County to
develop cleanup actions that will reduce threats to human and ecological receptors.
Kitsap County, Washington
Brownfield Final Proposal: Charleston Beach Road Site
December 2003
Page 13 of 15
The goal of the assessment project is to:
· Identify the nature and extent of contamination,
· Prepare a site conceptual model,
· Quantify impacts to human health,
· Evaluate cleanup actions,
· Determine appropriate Washington State Department of Ecology regulatory process (Voluntary
Cleanup Program, Agreed Order, Independent Cleanup), and
· Prepare a Cleanup Action Plan that provides for mitigation of risks to human health and the
environment.
2. This assessment project is supported by partnerships already developed with the Washington
State Department of Ecology and the Bremerton-Kitsap County Health District. These regulatory
agencies have reviewed brownfields work to date and will provide technical support during the
project.
I. Leveraging of Additional Resources
1. Environmental assessment and preliminary redevelopment planning is expected to cost between
$200,000 and $250,000. The Washington Department of Transportation has programmed $3.1 M
to acquire properties and $6M to construct improvements. Cleanup costs could vary greatly
depending on the nature and extent of contamination, but could range to $1M. To complete
development, an add,itional $1.5M is needed to supplement property acquisition and >$5M will be
needed to establish new commercial or light industrial facilities within the 4.5-acre redevelopment
area.
2. Kitsap County has committed the following funds and resources to the overall Gorst Creek Estuary
Restoration Project. Portions of these monies are available to the Charleston Beach Road project:
· $30,000 to support funding pursuits
· $10,000 in in-kind services for project coordination, property transactions and stakeholder
interactions
· $450,000 in real property
3. Other funding sources available to the Charleston Beach Road project as an element of the overall
Gorst Estuary Restoration Project include:
· Washington State Department of Natural Resources; Aquatic lands Enhancement Grant -
$681,000 for access, acquisition, and restoration. Kitsap County contributed $30,000 in cash
and $300,000 in real property as match for this grant.
· Washington Interagency Committee for Outdoor Recreation, Salmon Recovery Funding Board
Grant - $318,000 for habitat improvement. Port of Bremerton contributed $30,000 in match for
this grant.
· EPA Brownfields Cleanup Grants (2) $288,000. Kitsap County will match 20% of these grants.
· Suquamish Tribe; Mid Salmon Enhancement Group; Poggie Club - Over $50,000 in cash and
in-kind services.
Kitsap County, Washington
Brownfield Final Proposal: Charleston Beach Road Site
December 2003
Page 14 of 15
J. Ability to Manage Grants
1, Kitsap County has existing resources, financial and administrative systems to manage this grant.
The Department of Community Development, Land Planning Group, will administer all aspects of
the grant. This department successfully managed the EPA Brownfields Assessment
Demonstration Pilot Project. Kitsap County routinely contracts with professional services firms to
provide technical expertise and will use a competitive procurement process for this project.
2. Kitsap County has been managing federal grant funds routinely for over 20 years. There are no
pending adverse audits findings relative to these funds. The County has not been required to
comply with special high risk terms and conditions under agency regulations.
3. The County recently completed an EPA Brownfields Assessment Demonstration Pilot Project
under a cooperative agreement with EPA Region 10. Under this grant the County met all
requirements for financial reporting, quarterly progress reporting, and brownfields reporting
measures.
4. Kitsap County received an EPA brownfields cooperative agreements in 2001 for $250,000 for
assessment activities. The agreement was completed March 2003. There are no funds remaining.
Kitsap County is currently completing a new cooperative agreement for $288,000 in brownfields
cleanup grants. The agreements will be complete in December 2003 and the project will extend
into 2005.
5. The following are the significant accomplishments generated through funding of the EPA
Brownfields Assessment Demonstration Pilot Project:
. Identified and prioritized over 50 brownfield sites in Kitsap County.
. Formed a brownfields task force comprised of local jurisdictions and community based
organizations.
. Developed a county-wide community involvement program.
. Completed Phase I environmental site assessments at 6 target sites.
. Conducted Phase II environmental sampling and analysis at 4 target sites.
. Leveraged over $3M in funds from state grants and property owner concessions to support
cleanup and redevelopment plans. Funds included:
- Washington State Department of Natural Resources, Aquatic Lands Enhancement Grant -
$681,OOOh
- EPA, Brownfields Cleanup Grants - $88,000 and $200,000.
- Salmon Recovery Funding Board (Port of Bremerton led project)- $318,000
- Suquamish Tribe - $50,000
- Private Mitigation Funds - $75,000
. Facilitated a property transfer between Kitsap County and a local business. Kitsap County
transferred 20 acres of mineral resource land to a local gravel company in exchange title to an
abandoned industrial site. This increased the county's tax base, expanded a local businesses
operation, (which creates permanent jobs), and established public agency control of cleanup
and redevelopment of the property as part of an area-wide brownfields redevelopment.
. Established public-private partnerships to facilitate and implement brownfields redevelopment.
h The #1 ranked project in the State.
Kitsap County, Washington
Brownfield Final Proposal: Charleston Beach Road Site
December 2003
Page 15 of 15
~
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ATTACHMENT A
Map and Site Selection Information
~,EPA
Parametrix
View of parcel 3.08374 - Former solid waste maintenance facility
...
View of Parcels 3.08359-365 abandoned auto repair.
.
View of parcel 3.;08377 - Junk storage/former solid waste maintenance area
View of SR304 adjacent to Charleston Beach Road.
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ATTACHMENT 8
Public Involvement Fact Sheet
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FACT SHEET
KITSAP COUNTY BROWNFIELDS DEMONSTRATION PILOT PROJECT
November 2003
~
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Project Update
The Environmental Protection Agency (EP A) de-
fines brownfields sites as" abandoned. idled, or
under-used industrial and commercial facili-
ties where expansion or redevelopment is com-
plicated by real orperceived environmental con-
tamination."
Phase III of the Kitsap County
Brownfields Assessment Demonstra-
tion Pilot Project is complete. The
County Commissioners endorsed the
Task Force findings and target sites
have been selected for redevelopment
and cleanup.
To assist in the next phases of the pro-
gram, the County intends to pursue ad..:
ditional grant money in 2004 from the
EP A Brownfields Assessments and
Cleanup Grants.
There will be a public meeting on
November 19, 2003 to discuss the
grant proposals and outline the next
steps of the project.
Assessment Grants-
These grants provide funding for grant recipients
to inventory, characterize, assess, and conduct
planning and community involvement related to
brownfields sites. The County can apply for up to
$200,000 to assess a site contaminated by haz-
ardous substances, pollutants, or contaminants and
up to $200,000 to address site contamination by
petroleum.
Clean Up Grants-
Clean up grants provide
funding for a grant recipi-
ent to carry out clean up
activities at brownfield
sites. The grant allows to
apply up to $200,000
per site. These funds may
be used to address sites
contaminated by petro-
lemu and hazardous sub-
stances, pollutants, or
contaminants.
Grant Funding .
EP A estimates that $100 million will be available
to fund up to 200 grant awards for brownfields
projects nationwide. In2001, Kitsap Countyre-
ceived $200,000 in EP A gumts to initiate the
brownfields program. In 2002, the County was
awarded $288,000 in clean up grants to facilitate
redevelopment in Garst
There are three competitive brownfields grant pro-
grams offered by EP A including brownfields as-
I!EP' A sessments, revolving loanfuni:4 and clean up grant
.. 1"\ programs. The County intends to submit propos-
P'aallauc als under the assessment and clean up programs.
To leammore about the EP A Grant Program visit:
www.epa.govlbrownfields:
Next Steps .
The County is seeking comments on the grant pro-
posals from the community and TaskForce mem-
bers at the November public meeting. Grant pro-
posals will be submitted to EJ;' A in early Decem-
ber. Typically, grants are awarded by June of
2004.
Over the next six months, the County will be initi-
ating cleanup and redevelopment activities in Gorst
Through partnerships with the PortofBremerton,
the state, EP ~ and the Suquamish Tribe, the first
stage of the Gorst Creek estuarY restoration will
begin.
Questions?
Kitsap County is being assisted by Parametrix to plan
brownfields assessment cleanup and redevelopment
opportunities in the County. This work is being done in
cooperation with a number of interested agencies,
organizations, and citizens.
The project coordinator for the consultant team is Denise
Ledingham. If you have any questions about the project
or want to provide input on the project please contact
her at:
5700 Kitsap Way, Suite 202
Bremerton, W A 98312
Phone: (360) 850-5307
Fax: (360)479-5961
E-mail: dledingham@parametrix.com
Visit the project web site at:
http://www.kitsapgov.comldcdlbdpp/
Kitsap County Brownfields Demonstration Pilot Project
5700 Kitsap Way, Suite 202
Bremerton, W A 98312
Task Force Meeting
The Kitsap County Brownfields Task Force will hold
their fifth meeting in November. The meeting is open to
the public.
Date: November 19, 2003
Time: 5:30 to 7:00 p.m.
Location: Givens Community Center, Port Orchard
Purpose: Update the Brownfields Task Force on
project activities, including remediation status and the
pursuit of EP A grant money for 2004.
Public meetings and Task Force Meetings will be
announced through project fact sheets, press releases,
web site updates, and newspaper advertisements.
6~~~
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ATTACHMENT C
Letter from Washington State Department of
Ecology Acknowledging Kitsap County Plans to
Conduct Assessment Activities and Apply for
Federal Grant Funds
,@,EPA
Parametrix
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STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
Northwest Regional Office · 1190 160ch Avenue Sf · Bellevue, Washington 98008-5452 . (425) 649-7000
December 3. 2003
Mr. Tim Brinsfield
EP A Region 10 Brownfields Coordinator
1200 Sixth Avenue (EeL-I 12)
Seattle WA 98101
ij
Dear Mr. Brinsfield:
I am writing on behalf of the Washington State Department of Ecology (Ecology) to acknowledgt:
preparation by Kitsap County, Washington, of BrownfieIds Grant applications for federal
funding. The County is submitting grant applications for the following projects:
. Charleston Beach Road Site (assessment grant application)
. Countywide Identification and Prioritization of Leaking Underground Storage Tank Sites
(assessment grant application)
. Evergreen Auto Wrecking Yard Site (cleanup grant application)
. Port Orchard Sand and Gravel and Cement Batch Plant Site (cleanup grant application)
Kitsap County has involved Ecology in their brownfields program as a technical advisor on the
County Brownfields Task Force. Through participation in this Task Force, Ecology is fully
inforined about assessment and cleanup activities that are proposed in these grant applications.
\
Should the County receiv" funding through the USEP A Brownfields initiative; Ecology will
provide the regulatory ov ~rsight and processes to effect assessment and cleanup actions, as
required. Please feel free; to contact me at (425) 649 7135 if you have any questions.
eSinCerelY,' /11: ~;::r-;
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,
udith M. Aitken .
Toxies Cleanup Program
Department of Ecology
Northwest Regional Office
3190 1601h Avenue Southeast
Bellevue W A 98008-5452
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STATE OF WASHINGTON'
DEPARTMENT OF ECOLOGY
Northwest Regional Office · 3190 160th Avenue Sf · Be/levue, Washington 98008-5452 · (425) 649.7000
December 13, 2002
Tim Brincefield
1200 Sixth Avenue (ECL-112)
Seattle, W A 98101
Re: Brownfield Application for Kitsap County, Charleston Beach Road
Dear Mr. Brincefield:
I am writing on behalf of the Washington Department of Ecology (Department) to
aclmowledge the Brownfield grant application for assessment activities along Charleston
Beach Road in Kitsap County. The Department, through our Toxics Cleanup Program
(TCP), is currently providing oversight of assessment activities at properties on
Charleston Beach Road. The Department is currently in discussions with the County
regarding possible remedial investigations and cleanup actions under the Model Taxies
Control Act. With the County's cooperation, the Department will provide technical
. assistance and administrative review of the cleanup process under our jurisdictional
authority defined in WAC 173-340.
The Charleston Beach Road corridor is located along State Route 304, just west ofthe
City ofBremerton. Historic uses in the area indicate the potential presence of petroleum
and other contaminants. A Transportation Improvement Project is scheduled along this
section of State Route 304, and the County is currently assessing alternatives for linking
transportation improvements with site assessment, cleanup and redevelopment.
'- Charleston Beach Road has the potential to support light industrial/commercial uses to
support Puget Sound Naval Shipyard (PSNS) and act as a Gateway to PSNS and the City
of Bremerton.
Should the County receive funding through the Brownfields initiative, the Department
will provide the regulatory oversight and processes to effect assessment and remedial
actions, as required. Please feel free to call me at (425) 649-7135 if you have any
questions.
~'MI~
Judith M. Aitken
JMA:jc
Cc: Peter Battuello, Parametrix
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ATTACHMENT 0
Letter from Washington State Department of
Transportation Regarding Commitment to the
Project
~,EPA
Parametrix
ATTACHMENT E
Letter from Washington State Department of
Ecology Regarding Petroleum Contamination Site
Eligibility
SEPA
Parametrix
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ATTACHMENT F
Letters of Support from Project Stakeholders
,@,EPA
Parametrix
Oec-02-03 03:3BP Mayor's Office
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December 2, 2003
Mr. Tim Brincefield
EPA Region 10 Brownftelds Coordinator
1200 Sixth Avenue (ECL-112)
~ Seattle, WA 98101
Dear Mr. Brincefield:
The City of Bremerton fully supports Kitsap County's 2004 applications for Brownfields
Redevelopment grants. With the assistance of Its consultant, Parametrix Inc., Kitsap County has
conducted critical assessments of contaminated properties of interest to Bremerton's well-being
and initiated projects that will improve the environment as well as protect public health. The City
also sees the type of redevelopment that these efforts can produce as conducive to Bremerton's
enhancement as an urban community.
The City's Community Development and Public Works staffs have participated in this program
and report its great accomplishments to date. The project's planning process is one that we
have supported because we believe in its collaborative approach to achieve success. Both by
its design and efficacy. it is a model of accomplishment that warrants continued support by EPA.
As the City looks to future growth in the unincorporated urban growth areas in which some of
the priority project sites are located, correction of brownfields conditions through
environmentally-sensitive redevelopment adds to our opportunity to create quality urban
developments. The City of Bremerton looks forward to your favorable response to Kitsap
County's applications and our continuing participation as a stakeholder.
6
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Cary Bozeman
Mayor
.________._w._._.__.____
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PUBLIC WORKS & UTILITIES
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December 9, 2002
Mr. Tim Brincetield
United States Environmental Protection Agency
1200 Sixth Ave (ECL-112)
Seattle, WA 98101
To Whom It May Concern:
The City of Bremerton has had the opportunity to meet with Kitsap County and the Washington
Department of Transportation to discuss Browntields redevelopment opportunities associated with the
SR304 Transportation Improvement Project. The City recognizes this is a unique opportunity to
"revitalize" a degraded commercial light industrial area of Kitsap County and we are supportive of Kitsap
County's efforts to create synergy between the Transportation Improvement Project and the goals tor the
County's ongoing Browntields initiative. .
We recognize that Browntields assessments will provide useful infonnation to assist the City and the
Department of Transportation in acquiring the necessary right-ot-way for improving Charleston Beach
Road. We also recognize that improving the roadway will assist Kitsap County in reclaiming underutilized
and abandoned commercial and industrial properties. This project will also provide new opportunities for
creating business and job opportunities linked to the Puget Sound Naval Shipyard and the Bremerton
G,ateway.
, The City is supportive of this project and looks forward to assisting Kitsap County with their efforts to
assess, remediate, and eventual redevelop properties along the Charleston Beach Road segment of the
SR304 corridor.
W. Eugene Sampley, P.E.
Director: Public Works & Utilities Department, City of Bremerton
I 12/02/03
TUE 10:03 FAX 3607929710
Arvan D. Reese II
141001
(I
League of Women Voters of Kitsap
P.O. Box 1524 . Poulsbo. WA 98370
December 2, 2003
Mr. Tim Brincefield
EP A Region 10 Brownfields Coordinator
1200 Sixth Avenue [ECL-II2]
Seattle, WA 98101
RE: Kitsap County Grant Application
Dear Mr. Brincefield:
{j
The Kitsap County League of Women Voters [L WV] is one ofllie participating members of the
Kitsap County Brownfields Task Force. From the bee;inning, with its review of more than 150
possible sites, we have been active in the selection process, narrowing it down to 6 possible sites.
Our continuing focus on the Environment, including review of the Hood Canal Watershed and
active participation in the reclamation of Salmon Habitats within the County, has shown that
projects such as the Brownfields Demonstration Project ate actively contributing to the L WV
Position on Resource Management which is: "To obtain coordinated planning and ensure
environmental quality in the use o/water, air and land resources."
This project, by focusing on the cleanup and adaptive reuse of endangered wetlands property with
the assistance of tangential agencies and concerns, shows the kind of careful planning and
management that the L WV continually looks for. The involvement of cooperative efforts by
affected commercial landowners is an added plus and should be commended.
In conclusion, the Kitsap County L WV will con~ue to participate in this project with hopes of an
eventual reclamation of other Shoreline related projects. .
President
Kitsap County League of Women Voters
\
cc: Denise Ledingbam, Parametrix
SCOTT W. LINDQUIST, MD, MPH, DIRECTOR
109 AUSfIN DRIVE
BREMERTON, WA 98312-1805
(360) 337-5235
December 1, 2003
Mr. Tim Brincefield
EP A Region 10 Brownfields Coordinator
1200 Sixth A venue (ECL-112)
Seattle, W A 98101
RE: KITSAP COUNTY 2004 BROWNFIELDS GRANT PROJECTS
Dear Mr. Brincefield:
The Kitsap County Health Dishict (Health District) is writing to express its full support for the
2004 Brownfields grant applications being submitted by Kitsap County Department of
Community Development (DCD). As the local agency responsible for protecting public health
and the environment, the Health Dishict supports programs or projects that result in risk
characterization or clean up of contaminated properties within Kitsap County.
The Health District participated as a stakeholder in the Brownfields Task Force, and finds the
activities, goals, and objectives of Brownfie1ds assessment and clean-up projects consistent with
its concerns for public health and the environment The DCD staff and its consultants
Parametrix, Inc., have established an effective process for project implementation, which
includes a very active stakeholder and public participation component
The Health District is particularly interested in the Leaking Underground Storage Tank
Evaluation Project being proposed for 2004. The potential risk ass<?ciated with these types of
sites has not been adequately evaluated in Kitsap County. This project also compliments the
assessment activities currently performed by the Health Dishict's Solid and Hazardous Waste
(SHW) Program under the Site Hazard Assessment Program funded by Ecology.
The Health Dishict appreciates the opportunity to voice its support for the Brownfields projects
being proposed by Kitsap County for 2004 and look forward to participating in the project as a
stakeholder. .
Slncerel~
~lOwer R.S.
Program Manager
Solid and Hazardous Waste Program
Kitsap County H.ealth District
cc: Eric Baker, KCDCD
jlbfswwqbdcfshw fjanfbrownfleldsf2004Supportdoc
DATE SUBMITTED: 6-30-05
BILL# 05 -/5q
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5:f
...........................................................................................1
SUBJECT: Approval of Amending
Interlocal Agreement between the City of
Bremerton and Kitsap County for Permitting
Application Computing
Committee Meeting Date: 7-13-05
COUNCIL MEETING Date: 7-20-05
Department: Financial Services
Presenter: Bill Eley
Phone: 473-5293
SUMMARY: The original interlocal agreement with Kitsap County covered licensing and support
for the host hardware, database system and end-user client licensing for the City's permitting
application. Subsequent to this agreement, the City agreed to pay Interlocking Software (Paladin)
$5,000 per year to cover application help desk support. This support is now being rolled into the
Interlocal Agreement with the County (Exhibits A and C of the original interlocal agreement have
been amended) and Interlocking will not be paid directly by the City.
A TT ACHMENTS: InterIocal Agreement
FISCAL IMP ACTS (Include Budgeted Amount): The Help Desk fee of$5,000 was already
budgeted for 2005, however, as part ofthe amending agreement, the County will pay half of this fee
for 2005. The result is a reduction in expenditures for 2005 of$2,500.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
<>'~--
i~
,
t' \
FISCAL/BUDGET: /"lL)'
~, ,_" ~ . J
~~~~O;:SIDENT: -:S~ (~~' "
RECOMMENDED MOTION:
CONSENT AGENDA ~
~
-,-,'-""--'C'""""'f"'''''''''"'',.
Move to approve the Amending Interlocal Agreement between the City ofBremerton and
Kitsap County for permitting application computing and authorize the Mayor to execute this
agreement in substantially the same form as presented.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
<
INTERLOCALAGREEMENTFOR
PERMITTING APPLICATION COMPUTING.
KC-132-03-A
This Interlocal Agreement for Permitting Application Computing ("this Agreement") is entered
into between Kitsap County ("the County"), a municipal corporation, and the City of Bremerton
("the City"), a municipal corporation, pursuant to Chapter 39.34 RCW, as of April 1,2003.
RECITALS
WHEREAS, in 2000 the County entered into a Contract for Services with Paladin Data Systems
Corporation ("Paladin") under which Paladin developed a land infonnation software system to
facilitate electronic record storage, access and management of permitting and land parcel
information ("the Permitting Application"); and
WHEREAS, in 2002 the County entered into a Software Distribution Contract with Paladin
specifying the County and Paladin's respective rights in the Permitting Application and which
granted to the County the exclusive right to license the Permitting Application to governmental
entities within Kitsap County, including cities; and
WHEREAS, one or more cities within Kitsap County now wish to obtain a software license
from the County to usethe Permitting Application, to obtain access to the County's computer
systems for that purpose, and to obtain related services from the County; and
WHEREAS, the County and the City findthat entering into this Agreement is in their mutual
interest, will enable them to make the most efficient use of their powers, and will further the
health and welfare of the citizens within their respective jurisdictions; and
WHEREAS, the County and the City find that this Agreement is authorized by the Interlocal
Cooperation Act, Chapter 39.34 RCW;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
AGREEMENT
ARTICLE I - PURPOSE
The purpose of this Agreement is to provide for a software license and related services by the
County to the City in order for the City to be able to use the Permitting Application in
accordance with the terms and conditions contained herein.
ARTICLE II - LICENSE AND SERVICES
Section 2.1. License and Services. The County grants to the City a non-transferable, non-
exclusive license to use the Permitting Application as described in Exhibit A - License and
Services. The County will also provide to the City the services described in Exhibit A.
Section 2.2. Desktop Hardware/Software Requirements. The City agrees to obtain and maintain
in good working order the land infonnation system hardware and software components identified
in Exhibit B - Desktop Hardware/Software Requirements.
Section 2.3. Compliance with Requirements; Restrictions. The City agrees to access and use the
Permitting Application and any related applications in strict accordance with the requirements,
policies, procedures and practices as the County may from time to time establish or impose. In
addition, the City may not: (a) reverse engineer, decompile or disassemble the Permitting
Application or any related applications; (b) modify, or create derivative works from, the
Permitting Application or any related appli'cations; or (c) copy or distribute the Permitting
Application or any related applications, except as may be expressly provided for in this
Agreement.
Sectiem 2.4. Assignment. The rights conferred to the City under this Agr,eement may be
exercised only by the City. The City is strictly prohibited from assigning or sublicensing any its
rights under this Agreement without the express prior written consent of the County, which may
be withheld in the County's sole discretion.
Section 2.5. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. THE
PERMITTING APPLICATION AND ALL RELATED APPLICATIONS AND SERVICES
UNDER THIS AGREEMENT ARE PROVIDED "AS IS," WITHOUT ANY WARRANTIES,
EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY
WARRANTY OF DESIGN, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. THE CITY EXPRESSLY AGREES THAT IN
. NO EVENT WILL THE COUNTY BE LIABLE FOR ANY LOSS-OF-PROFIT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARlSING OUT OF THE
CITY'S USE OF THE PERMITTING APPLICATION OR ANY RELATED APPLICATION
OR SERVICE, EVEN IF THE COUNTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. ANY LIABILITY OF THE COUNTY SHALL BE LIMITED TO THE
AMOUNT OF FEES ACTUALLY PAID UNDER THIS AGREEMENT, WHETHER THE
LIABILITY ARISES IN CONTRACT, TORT OR OTHERWISE.
ARTICLE III - FEES
The City agrees to pay the County the annual fee described iIi Exhibit C -:- Annual Fee. The City
wiI1 pay the fee within 30 days of billing by the County.
ARTICLE IV - GOVERNANCE
Section 4.1. Administration. This Agreement will be jointly administered by the information'
services managers of the County and the City. This Agreement does not create any separate
legal or administrative entity.
Section 4.2. Financing; Budget. This Agreement does not contemplate joint financing ofthe
activities within its scope, nor does it contemplate ajoint budget.
2
Section 4.3. Property Acquisition and Disposition. This Agreement does not contemplate the
joint acquisition of property by the parties. At termination, each party will remain the sole owner
of its own property. Any property acquired by the County in connection with this Agreement
will be, and remain, solely owned by the County, even if the property is acquired by the County
using payments made by the City under this Agreement.
ARTICLE V -'- TERM; TERMINATION
Section 5.1. Term. This Agreement will continue in effect until terminated as provided in
Section 5.2.
Section 5.2. Tennination. Either party may terminate this Agreement, with or without cause, by
providing the other party with at least 180-days' advance written notice.
Section 5.3. Continued Use. In the event this Agreement is terminated because the County
discontinues using the Permitting Application, the parties agree to negotiate in good faith to
reach a new agreement on mutually acceptable terms and conditions allowing the City to
continue to use the Permitting Application on its own computer systems.
ARTICLE VI - MISCELLANEOUS
Section 6.1. Notices. Notice by one party to the other party must be in writing and addressed as
follows:
To County:
Kitsap County Information Services
614 Division Street, MS-21
Port Orchard, W A 98366
Attention: Bud Harris, Director, Information Services
To City:
City ofBremerton
239 4th Street
Bremerton W A 98337
Attention: Bill Eley, Information Services Manager
Either party may change its address for notices by providing written notice to the other party.
Section 6.2. Governing Law; Jurisdiction; Venue. This Agreement will be governed by the laws
of the State of Washington and any legal proceeding arising under it may be brought only in the
courts of Kitsap County, Washington.
Section 6.3. Amendment. This Agreement may be amended or modified only upon the written
agreement of the parties executed with the same formalities as this Agreement.
Section 6.4. Filing. This Agreement will be filed with the Kitsap County Auditor prior to entry
into force, in accordance with RCW 39.34.040.
3
IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to
execute this Agreement as of the date first set forth above,
CITY:
By
Printed Name
Its
COUNTY:
Kitsap County Board of Commissioners
Chris Endresen, Chair
J an Angel, Commissioner
Patty Lent, Commissioner
ATTEST:
Opal Robertson, Clerk of the Board
4
EXHIBIT A - LICENSE AND SERVICES
I. LICENSE
The City is authorized to use the Permitting Application by accessing the County's computer
systems in accordance with the terms and conditions contained in this Agreement.
II. SERVICES
The County will provide the following services to the City:
Installation:
· County IP Addresses for the Land Information System ("LIS") clients
. Installation of the following software (specific versions are required):
-Virtual Network Computing Software (remote desktop control)
-JInitiator (Java Runtime Environment)
-Adobe Acrobat Reader version 5.05 or greater
-Internet Explorer 5.0 or greater
-LIS icon with LIS URL
-Print Lite (for LIS printing from Windows XP)
-Discoverer URL (for ad hoc query, reporting and analysis)
On~going Support:
· Support for products needed to access LIS
. Access to the Product Support Service (Help Desk) as subcontracted through
Interlocking Software Corporation and described below:
Product Support Service
Product Support consists of:
· . Assistance with TARs 8 hours per day, 5 days a week
· Ability to log TARs with Interlocking Software Corporation
· Non-technical customer service during normal business hours
SUPPort Period
Interlocking Software Corporation technical support pricing reflects a 12-month
support period (the "support period").
Severity Definition
TARs are defined as individual problems referred by customers to Interlocking
Software Corporation. Interlocking Software Corporation support center analysts
categorize TARs identified by customers as follows:
Severity 1
The problem causes complete loss of service. Wark cannot reasonably
continue, the operation is mission critical to the business and the situation
is an emergency, A Severity 1 problem has one or more of the following
characteristics:
· Data corrupted
· A critical function is not available
5
i
· System hangs indefinitely, causimg unacceptable or indefinite delays
for resources or response
· System crashes~ arid crashes repeatedly after restart attempts
24 Hour Commitment to Severity 1 ~~ARs: Interlocking Software
Corporation will work 24x7until the issue is resolved or as long as useful
progress can be made. Customer mu~t provide Interlocking Software
Corporation with a contact during thi s 24x7 period, either on site or by
pager, to assist with data gathering, tl~sting, and applying fixes. Customers
are requested to propose this classification with great care, so that valid
severity 1 situations obtain the necesimry resource allocation from
Interlocking Software Corporation.
Severity 2
The problem causes a severe loss of ~ervice. No acceptable workaround is
available; however, operation can continue in a restricted fashion.
The issue action response shall be aV.lilable to monitor through the
customer support website within one working 'day.
Severity 3
The problem causes minorloss of service. The impact is an
inconvenience, which mav require a H,rorkaround to restore functionality.
Severity 4
The problem causes no loss of servicl~. The result is a minor error,
incorrect behavior, ora documentation error that does not impede the
operation of a system.
Up2:rades. Patches & Releases
Interlocking Software Corporation mfY periodically issue upgrades,
patches and releases of the software defined as updates, During the term
specified herein, Interlocking SoftwaI e Corporation shall provide Kitsap
County with a copy ofthe software update, alonl?with reasonable
assistance to help Kitsap County instdl and operate each new update.
. Maintenance including hardware and operating systems of Sun Solaris servers and
SunBlade workstations for support ofthe LIS app.ication.
. Maintenance of the 3rd party software tools
- Oracle's database
- Oracle's Internet Application Server
. Oracle database support
- Database security and access control
- Database performance monitoring and tuning
- Data Integrity
· County Network support related to the LIS applic"tion
6
- County supports the network to the host router located at the County
- City of Bremerton and County share support ofthe network between the host and
remote router
- City ofBremerton supports the network beyond the remote router
. Travel time to and from City's information servic es office if a technician is dispatched
for service call
7
EXHIBIT B - DESKTOP HARDW ARE/SOrTW ARE REQUIREMENTS
The City will maintain the following to enable it to use the Perinitting Application via the
County's computer systems:
· Pentium III-400
· 256 MB RAM
· 266 MB of free disk space
· Windows NT, 2000 or XP Professional
8
EXHIBIT C - ANNUAL FEE
The City will pay an annual fee based on its number of users of the system:
1-5 users: $12,500 per year
6-10 users: $20,000 per year
11 or more users: $25,000 per year
The fee will be billed in advance in January of each year and will be considered fully earned as
of January 1. Half of the increase for 2005 shall be paid by Kitsap County totaling $2,500 for
the year. The remaining balance as determined by the scale above minus the amount paid by
Kitsap County shall be paid by the City. There after, the total fee as determined by the scale shall
be paid by the City. No refund will be made in the event the>City's actual number of users falls
below the user category it has selected, nor will any refund be made if the City elects to
terminate this Agreement prior to the end of a calendar year.
9
DATE SUBMITTED: July 6, 2005
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL #
jf'05-!bO
<-~~-~----"-~-"_.~--------
5J
........................................................................................
SUBJECT: Appointments to the Lodging
Tax Advisory Committee
Committee Meeting Date: July 13, 2005
COUNCIL MEETING Date: July 20, 2005
Department: City Council
Presenter: Will Maupin
Phone: (360) 473-5280
SUMMARY: The Lodging Tax Advisory Committee reviews requests for funding and submits
recommendations to City Council regarding the allocation of the hotel/motel tax proceeds. Vacancies
on the committee must be filled as outlined in Revised Code of Washington (RCW) 67.28.1817
before the committee may review the funding requests for the next fiscal year. The committee must
be equally comprised of businesses that collect the lodging tax and organizations involved in activities
authorized to be funded from the lodging tax. Council is asked to appoint Debra Barnes, General
Manager of the Bremerton Hotel and David Tufts, General Manager of the Hampton Inn to the
committee.
ATTACHMENTS: Applications for Appointment; Membership Roster; RCW 67.28.1817
FISCAL IMPACTS (Include Budgeted Amount): None
APPRO V ALS:
DEPARTMENT DIRECTOR: ...--2.-... ~
CITY ATTORNEY: ~/
FINANCE DIRECTOR:
MAYOR:
,
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
""
CONSENT AGENDA ~
7J;/
~~~~
RECOMMENDED MOTION: Move to appoint Debra Barnes of the Bremerton Hotel and David
Tufts of the Hampton Inn to the Lodging Tax Advisory Committee as representatives of businesses
that collect the hotel/motel tax.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
. _..---~
p.2 ,
APPLICATION FOR BOARDS/COMMJSSlONS/COMMITTEES
239 41h Street. Brf;lmerfon, WA 98337. Phone (360) 478-5280 . Fo)( (360) 478.5251
NOTE:
As an applicant for THE LODGING TAX ADVISORY COMMlTTEE. your name, address,
and telephone number will be available to the press and public. You will be contacted
before any action is taken on your appointment.
(Please type 01' print clearly)
DATE: 11-;;; <7/0 tj
NAME:'l}'1,q,; Li;\) leA r~+s
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HOME ADDRESS: .:.....- ~ ___~ _ .
OCCUPATION: 6e r" ~'it.-i !?7c.~-v::,- ~Jer"
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EDUCATION: t.lTr~-r1~Lw..el vJ0(~fh-Cjir.). Sl.."t
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L,OCAL REFERENCES (N~E; & PfHONE NUMBER)
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WHICH OF YOUR PERSONAL AND/OR PROFESSIONAL INTERESTS PROMPTED YOU TO APPl V
FOR THIS APPOINTMENT:
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HAVE YOU SERVED ON ANY OTHER'BREMERTON BOARD, COMMISSION, COMMITTEE OR TASK
FORCE? IF YES, PLEASE LIST:
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PLEASE LIST YOUR QUALIFICATIONS FOR THIS APPOINTMENT (INCLUDE SKlLLS, ACTIVITIES,
TRAINING. EDUCATION):
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WHAT ARE YOUR COMMUNITY INTERESTS (COMMITTEES, ORGANIZATIONS, SPECIAL
ACTIVITIES)?
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We welcome your willingness to serve Bremerton. Please return this completed form to:
Council Office
239 4th Street
Bremerton, W A 98337
(360) q.T8 8280 '173... ~ do 80
(360) 476 S2S1 FAX 413'" S'~S,
E-mail: citycouncil@ci.bremerton.wa.us
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Application For City Boardsl CommissioDSl Committee
Note: As an appliC81lt for a City Board, Commissioll or Committee" your name., adckess~ and
telephone number will be available 10 the press imd public. You will be contaCted before any
aetion is taken on yoU1" appointment.
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Date: 1/,olo!'
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I am interested in serving (please check one or more):
o f}imshility Ae1ion Cnrmni~.E!
o Civil Service Commission (18 yrs. and oJder)
o Urban Forest Committee
o Public Access Citizens Advisory Committee
B Community Development Block Grant Advimry Board
Youth Coun~U
o Safe Streets Steering Committee
o Board of Appeals. HousinsIBuilding Codes
t8I Other LD~i~ 1"'4.,t 1I.,Jy.r,~ (p-. ~_
1s this an application for reappointment?
Jfyes. how many years have YO\1 served on this commission/committee?
~
o Planning CommislJioll (1 a )TiS. and older')
o Parks &; Recreation Commission
o Ethics Commission
o Parking Advisory Board
o Mayor's Select Committee on Law Enforcement
o Bremenon HOU$iug Authori~
o Solid Wute Management
o Cit;7Dn'~ Commission on Council Salaries
City Appofnlm.:nI.4pp/ic;aJfo1r
Paae 1 ofZ
2005 BREMERTON LODGING TAX ADVISORY COMMITTEE
Elected Official:
Will Maupin
Representatives of Businesses Required
To Collect the Tax:
Debra Barnes, Manager
Bremerton Hotel
David Tufts, Manager
Hampton Inn
Individuals Involved in Activities Authorized
To be Funded:
Silvia Klatman, Executive Director
Bremerton Area Chamber of Commerce
Beverly Kincaid
Bremerton Historic Ships Association
Page 1 of2
RCW 67.28.1817
Lodging tax advisory committee in large municipalities--Submission of proposal for
imposition of or change in tax or use--Comments.
(l) Before proposing imposition of a new tax under this chapter, an increase in the rate of
a tax imposed under this chapter, repeal of an exemption from a tax imposed under this
chapter, or a change in the use of revenue received under this chapter, a municipality with
a population of five thousand or more shall establish a lodging tax advisory committee
under this section. A lodging tax advisory committee shall consist of at least five
members, appointed by the legislative body of the municipality, unless the municipality
has a charter providing for a different appointment authority. The committee membership
shall include: (a) At least two members who are representatives of businesses required to
collect tax under this chapter; and (b) at least two members who are persons involved in
activities authorized to be funded by revenue received under this chapter. Persons who
are eligible for appointment under (a) of this subsection are not eligible for appointment
under (b) of this subsection. Persons who are eligible for appointment under (b) of this
subsection are not eligible for appointment under (a) of this subsection. Organizations
representing businesses required to collect tax under this chapter, organizations involved
in activities authorized to be funded by revenue received under this chapter, and local
agencies involved in tourism promotion may submit recommendations for membership
on the committee. The number of members who are representatives of businesses
required to collect tax under this chapter shall equal the number of members who are
involved in activities authorized to be funded by revenue received under this chapter. One
member shall be an elected official of the municipality who shall serve as chair of the
committee. An advisory committee for a county may include one nonvoting member who
is an elected official of a city or town in the county. An advisory committee for a city or
town may include one nonvoting member who is an elected official of the county in
which the city or town is located. The appointing authority shall review the membership
of the advisory committee annually and make changes as appropriate.
(2) Any municipality that proposes imposition of a tax under this chapter, an increase
in the rate of a tax imposed under this chapter, repeal of an exemption from a tax imposed
under this chapter, or a change in the use of revenue received under this chapter shall
submit the proposal to the lodging tax advisory committee for review and comment. The
submission shall occur at least forty-five days before final action on or passage of the
proposal by the municipality. The advisory committee shall submit comments on the
proposal in a timely manner through generally applicable public comment procedures.
The comments shall include an analysis of the extent to which the proposal will
accommodate activities for tourists or increase tourism, and the extent to which the
proposal will affect the long-term stability of the fund created under RCW 67.2~18J5.
Failure of the advisory committee to submit comments before final action on or passage
http://www.mrsc.org/mc/rcw /RCW%20%2067%20%20TITLE/RCW%20%2067%20. %2028%20%20CH... 7/6/2005
Page 2 of2
i of the proposal shall not prevent the municipality from acting on the proposal. A
municipality is not required to submit an amended proposal to an advisory committee
under this section.
[1998 c 35 S 3; 1997 c 452 S 5.]
NOTES:
Validation of taxes imposed and collected and actions taken -- Effective date --
1998 c 35: See notes following RCW 67.28.181.
Intent -- Severability--1997 c 452: See notes following RCW 67.28.080.
Savings -- 1997 c 452: See note following RCW 67.28.181.
http://www .mrse .org/me/rew /RCW%20%2067%20%20TITLE/RCW%20%2067%20. %2028%20%20CH... 7/6/2005
DATE SUBMITTED:
BILL # OS -1"
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
f.oA
........................................................................................
SUBJECT: 2006 Draft CDBO/HOME
Policy Plan and Application Public Hearing
Committee Meeting Date: 6/29/05
COUNCIL MEETING Date: 7/20/05
Department: OCD
Presenter: Hugh Morgan, Betsy
Howe
Phone: 360.473.5375
SUMMARY: For the past 30 years, federal block grants have been given to cities with needs to serve
especially low-income residents. The City of Bremerton undertakes a yearly public allocation process
to distribute funds made available the following spring by the U.s. Congress. This policy plan, as
amended and approved, will be used by staff to carry out the allocation process.
ATTACHMENTS: Staff Memo
2006 Policy Plan and Application DRAFT booklet
FISCAL IMPACTS (Include Budgeted Amount): Pass-through funding of approximately $741,603
included in 2006 budget.
APPROV ALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
~,_,"::--i'Io
FISCAL/BUDGET:
OPERA nONS:
COUNCIL PRESIDENT:
CONSENT AGENDA 0
,-
RECOMMENDED MOTION: Move to approve the 2006 CDBO/HOME Policy Plan.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
DEPARTMENT OF
COMMUNITY DEVELOPMENT
MEMORANDUM
From:
Date:
Subject:
Bremerton City Council
Hugh Morgan and Betsy Howe
June 20, 2005
2006 CDBG/HOME Policy Plan and Applications
To:
The annual Community Development Block Grant cycle has begun.
We have prepared a draft of plan and application for your review and suggestions
Here are the major points:
1. Process condensed by three weeks due to workloads. Council, citizen advisory committee and
public process requirements are unaffected. The schedule is located on the second page of the
booklet. There is a general public meeting on the plan Julv 12'h followed by a Council Public
Hearing on the 20th of Julv.
2. Plan reformatted for economy and convenience as one document available as:
. a digital file currently posted on the City's website
. compact disk
. printed document.
3. Plan and all applications are included.
4. Funding estimates are conservative. Funds available will be updated for the final version available
to the public Julv 2th.
5. Staff recommends against future off-cycle funding except for emergencies declared by City, County,
State or U.S. officials.
We look forward to hearing from you if there are questions. Our numbers are listed just inside the
cover of the booklet.
DATE SUBMITTED: 6-23-05
BILL# 0,5- 1t:>::L
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
7l-
........................................................................................
SUBJECT: Ordinance No. L/q&jo
Establishing a City of Bremerton Arts
Commission and One Percent (1 %) Arts
Program for City Funded Capital Projects
Committee Meeting Date: 6-29-05
COUNCIL MEETING Date: 7605 7/;}..olo~
Department: City Council
Presenter: Wendy Priest
Phone: 473-5280
SUMMARY: Public Art is recognized as a stimulus to the vitality, economy and culture of our
community, enhancing the quality of life for all citizens because of its public nature. The proposed
ordinance establishes a City of Bremerton Arts Commission and a One Percent (1 %) for Arts Program
for the City. Further, the proposed ordinance establishes procedures for the acquisition and display of
art for the One Percent (1 %) for Arts Program.
ATTACHMENTS: Proposed Ordinance No. "'LfO
SQmp ie... Qie' "tyCLet
FISCAL IMP ACTS (Include Budgeted Amount): The preliminary 2006 Capital Improvement plan
expenditures qualified as 1 % for the Arts Improvements is $2,336,500 which would result in $23,365
increase adjustment to the current proposed project budgets.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY: _~
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
CONSENT AGENDA 0
:P~~
RECOMMENDED MOTION:
Move to pass Ordinance No. t.lq"lD establishing a City of Bremerton Arts Commission and a
One Percent (1 %) for Arts Program.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
ORDINANCE NO. yqL~O
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, establishing a City of Bremerton Arts
Commission and a One Percent (1 %) for the Arts Program for City
funded capital projects.
WHEREAS, Public Art is recognized as a stimulus to the vitality, economy and
culture of our community, enhancing the quality of life for all citizens because of its public
nature; and
WHEREAS, the City Council desires to establish a City of Bremerton Arts
Commission; and a One Percent (1 %) for Arts Program for the City; and
WHEREAS, the City Council desires to establish procedures for the acquisition
and display of art for the One Percent (1 %) for Arts Program; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. A new chapter of the Bremerton Municipal Code, Chapter 2.32
entitled "Arts Commission" is hereby created to read as follows:
Chapter 2.32
ARTS COMMISSION
2.32.010 PURPOSE OF ARTS COMMISSION.
(a) The City of Bremerton supports expanding experiences with the arts through
Public Art to enhance the quality of life for its citizens. Public Art has enabled people in all
societies to understand more clearly their communities and individual lives. Artists creating art
for public places benefits the community and enhances the City's standing as a center for artists.
A policy is therefore established to direct the inclusion of works of art in public places ("Public
Art") in the City through a program to be known as "One Percent (1 %) for Arts Program" funded
through a One (1 %) Percent for Arts Fund as set forth in Chapter 3.12 BMC.
In administering the Arts Program, it is the City's desire to:
(1) Enhance and enrich the City's physical environment and public spaces.
(2) Consider opportunities to celebrate the multi-cultural and diverse character
of Bremerton.
(3) Contribute a sense of ownership and pride in spaces and public facilities to
Bremerton citizens.
2.32.020 ARTS COMMISSION ESTABLISHED.
(a) Membership. The Arts Commission shall consist of seven members. Members
shall include but not be restricted to representatives of: painters, sculptors, music, literature,
1
1%for Art Fund
architects, and landscape architects. Appointment to the Arts Commission shall be made by the
Mayor subject to confirmation by the City Council.
(b) Terms. Terms of office shall consist of four (4) year staggered terms with the
initial terms consisting oftwo (2) members with four (4) year terms, two (2) members with three
(3) year terms, two (2) members with two (2) year terms and one (1) member with a one (1) year
term.
(c) Compensation. Commissioners shall serve without compensation.
(d) Conflict of Interest. No City official or employee may be a member of the Arts
Commission, nor may any citizen having a conflict of interest be a member of the Arts
Commission. No Commission member may submit work for consideration during his/her term
of office. As soon as a conflict of interest becomes apparent, the commission member shall
disclose to each ofthe members voting on the matter the nature of his /her interest in the issue
and shall be disqualified from participating in any debate, decision or vote relating to that issue.
( e) Administrative Support. The Department of Community Development shall
provide administrative support for and work with the Arts Commission to carry out its duties.
(f) Maintenance. The Arts Commission shall oversee the conservation and
maintenance of any Public Art and shall prepare reports as requested for submittal to the City
Council on the condition and maintenance requirements of all Public Art.
(g) Community Outreach. The Arts Commission shall support citizen forums and
workshops, gather information and/or assist in education/informing the public about Public Art
and the City's Public Art collection.
(h) Rules and Procedures. The Arts Commission shall establish rules and procedures
it deems necessary and appropriate to administer and implement the One Percent (1 %) for Arts
Program, These rules and procedures may address the following:
(1) Methods for selection of artists and art for Public Art projects;
(2) Incentives for the inclusion of art in private projects;
(3) Artists' rights and responsibilities relative to Public Art;
(4) Maintenance and preservation of Public Art;
(5) Decommissioning and removal of Public Art;
(6) Public education and community outreach;
(7) Private funding and gifts for Public Art.
2.32.030 ART/ARTIST SELECTION.
(a) Planning. Artists may be selected to assist in the evaluation of options, strategies,
limitations, opportunities for art, and aesthetic design in capital projects before the scope,
quality, schedule, and budget are fixed.
(b) Site Specific Work. Artists may be selected to design artwork for a specific
location.
(c) Individual Works of Art. Artists may be commissioned to create awork of art or
existing works of art may be acquired.
SECTION 2. A new chapter of the Bremerton Municipal Code, Chapter 3.12
entitled "One Percent (1 %) for Arts Fund" is hereby created to read as follows:
2
1 % for Art Fund
Chapter 3.12
ONE PERCENT (1 %) FOR ARTS FUND
3.12.010 DEFINITIONS.
( a) "Art Advisory Panel" is a committee consisting of a group of individuals,
including artists, art and design professionals and non-artist citizen representatives appointed by
the Chair of the Commission to advise and assist the Commission in selecting artists to provide
works or services to the City under the Arts Program. The Commission is encouraged to appoint
a broad range of citizen participation on the Panel. An advisory panel may be directed by the
Chair to consider a single project or multiple projects and more than one panel may be appointed
and serve concurrently to consider separate projects.
(b) "Arts Commission or "Commission" means the commission established in
Chapter 2.32 BMC.
( c) "Arts Fund" or "One Percent (1 %) for Arts Fund" means the common pool for
appropriated funds and donations that are accumulated pursuant to this chapter.
(d) "Arts Program" or "One Percent (1 %) for Arts Program" means the policies and
strategies that will identify opportunities and implement a program for creation and display of
Public Art within the City as well as determine project budgets for Public Art. This task shall be
implemented by the Arts Commission and staff working in partnership with Project Departments
and citizens.
(e) "Capital Improvement Project" means any city funded project(s), or any city
funded portion thereof, including funds received from outside sources, as specifically identified
in the City's Capital Improvement Program except that Capital Improvement Project does not
mean;
(1) capital improvement projects of municipal utilities as set forth in Chapter
15 BMC,
(2) capital improvement projects identified in the arterial street fund as set
forth in Chapter 3.24 BMC
(3) capital improvement projects identified in street fund (102).
(4) that portion of capital improvement projects funded by CDBG funds,
(5) general maintenance of any project.
(6) capital equipment.
(7) that portion of capital improvement projects funded from sources that
precludes expenditures for public art, or
(8) that portion of capital improvement projects already subjected to a
dedicated art funding program.
(f) "CDBG" means Community Development Block Grant.
(g) "City" means the City of Bremerton.
(h) "Commission" means the Arts Commission established in Chapter 2.32 BMC.
(i) "Commissioner" means an individual appointed to serve as a member of the Arts
Commission.
(j) "Construction Cost" is defined to include actual construction costs, architectural
and engineering fees, project administration, site preparation, and contingency allowances. It
does not include land acquisition, financing, sales tax, furnishings, fixtures or equipment.
"Council" or "City Council" means the Bremerton City Council.
3
1%for Art Fund
(k) "Project Department" means the department or division of the City responsible
for construction of a Capital Improvement Project.
(1) "Public Art" means original visual creations which are sited in a manner
accessible and visible to the public and shall include the production or arrangement of sounds,
colors, forms, movements or other elements in a manner that enhances the sense of beauty and
has aesthetic value. Public Art may also include artist made or designed building parts that are
structural or functional elements of a building, structure, park or other facility. Public Art may
include an area or space specifically designed, constructed and managed as a display area for
other works of art.
(m) "Public Space" is any place or property within the City limits which is open to
the general public for its use, or which is in public view, or is generally accessible and visible to
the public.
(n) "Site Preparation" shall mean all work performed in, on, or around a project site
in anticipation of subsequent construction work inclusive of, but not limited to, select demolition,
rough grading, environmental assessment and remediation, erosion control and security fencing.
3.12.020 ONE PERCENT (1%) FOR ARTS FUND ESTABLISHED.
(a) Project funds for Capital Improvement Projects as calculated and established in
Section 3.12.030 as well as donations made to the Arts Program shall provide the revenue for
purchase of Public Art. At the request of the donor, donations may be earmarked for particular
projects.
(b) The One Percent (1 %) for Arts Fund is hereby established. Ifthe one percent
(1 %) amount authorized for a given project is not expended, or if a surplus is available due to the
work of art costing less than one percent (1 %) of the total project cost, then the non-expended
amount shall be deposited and pooled into the "One Percent (1 %) for Arts Fund" for use on
projects approved by the Commission.
3.12.030 FUNDING BASIS.
Beginning with the City's fiscal year 2006 budget, all Capital Improvement Projects as
defined in this Chapter will contribute to the One Percent (1 %) for Arts Fund.
(a) Calculation of Contribution to Fund. The amount of the annual appropriation for
art shall be equal to one percent (1 %) ofthe total eligible funds of Capital Improvement Projects
as follows:
(1 ) At a minimum, the amount budgeted for art in a Capital Improvement
Project shall be equal to one percent (1 %) of the total Construction Costs as bid and awarded.
(2) In all cases where a Capital Improvement Project has a scope of work that
includes both eligible and ineligible elements and categories, the budget for art shall be
calculated, at a minimum, in the eligible portions of the project. In all cases where a Capital
Improvement Project includes a source of funds which is eligible for a Public Art purpose but
which may not be pooled with other funds and may not be used for another or different project,
the budget for art in that Capital Improvement Project shall include one percent (1 %) of such
eligible funds.
(b) Pooling of Funds. A policy is hereby established to direct the transfer to and
pooling of all One Percent (1 %) for Arts Fund Program monies in the Arts Fund. Pooling
affords the opportunity to look at the needs of the City as a whole and use the art monies only for
4
l%for Art Fund
those projects which may have the greatest value and impact on communities or offer the best
opportunities for artist involvement.
(c) Appropriation of Funds. At the time a Capital Improvement Project is proposed,
the Project Department shall calculate and include a budgeted line item for the Arts Fund
associated with each eligible project. The Finance Department shall confirm the calculations and
include the appropriations for art in the proposed City budget. The amounts budgeted for the
Arts Fund in particular projects may be adjusted to reflect Council changes to the budget for the
Capital Improvement Project. All amounts budgeted for the Arts Fund shall be transferred
directly into the Arts Fund. Fund transfers to the Arts Fund will occur as soon as practicable after
a bid has been awarded for the project.
3.12.040 SELECTION OF PUBLIC ART.
(a) Each project providing funds to the Arts Program may apply to the Arts Program
for funding for any art proposed to be incorporated into the project.
(b) The Arts Commission shall make selections of the artists and the Public Art to be
funded through the Arts Program and maintenance and repair programs, as appropriate, for the
selected Public Art, subject to confirmation by the City Council. The Arts Commission may
empanel an Art Advisory Panel to assist in this selection. The contracts commissioning art shall
address the issue of ownership.
3.12.050 MAINTENANCE AND REPAIR OF PUBLIC ART.
The Parks and Recreation Department shall be responsible for the maintenance and repair
of all Public Art except as otherwise provided for under any maintenance and repair program
established by the City Council pursuant to section 3.12.040 above. Funding sources for the
maintenance and repair of Public Art may include the Parks and Recreation Department budget,
other city department budgets, other sources approved by the City Councilor the Arts Fund.
3.12.060 AUTHORIZED EXPENDITURES FROM ARTS FUND.
Subject to expenditures for the selection of Public Art and any maintenance and repair
programs approved pursuant to section 3.12.040 above, expenditures may be made from the Arts
Fund, upon approval of the City Council, for anyone ofthe following purposes:
(a) The selection, acquisition, and display of works of art which may be an integral
part of a project or which may be placed in, on, or about a project or other public space.
(b) Artist fees, design, planning, and pre-design service contracts and commissions.
(c) Expenses for technical assistance provided by architects and/or engineers to artists
in order to design, document, and/or certify the artwork.
(d) Maintenance and repair of City Public Art benefited by the One Percent (1 %) for
Arts Fund.
(e) Citizen forums and workshops to gather information and/or educatelinform the
public about Public Art and the City's Public Art collection.
(t) Documentation and public information material for the One Percent (1 %) for Arts
Program and Public Art projects.
SECTION 3. Severability. . If anyone or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
5
1 % for Art Fund
affect the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION 4. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the
day of
,2005
DAREN NYGREN, Council President
Approved this
day of
,2005
CARY BOZEMAN, Mayor
ATTEST:
APPROVED AS TO FORM:
P AULA JOHNSTON, Interim City Clerk
ROGER A. LUBOVICH, City Attorney
day of
day of
,2005
,2005
PUBLISHED the
EFFECTIVE the
ORDINANCE NO.
R:\LEGAL\Ordinances\Art Ordinance. doc
6
1 % for Art Fund
__ _~ - - __~__~__ - --~ - ~~-~----_~__ __~ ~~-_____ -. _':~'-'-"7"-:-:-"C:;:"::,-.~'_"-_':"'_'~"7";':C~:-.~"u,,'"...:~c-':'--,-'_",",'::'7_,7":-~,:_;"__""_~,""~~':'"",..,,':,uu:.,..: .:.'~_~
CiWpouDcil~21,-I;;;SN 1~~~=~f0I3,CC)YN~f~~ON$IDSB6!lgN"~L.~.....-'~=".."==."~===~C~~b_ .E~il~-1:
From:
To:
Date:
Subject:
HELEN MILLER <helegeor@prodigy.net>
City Council <citycouncil@cLbremerton.wa.us>
Wed, Jun 29, 2005 2:16 PM
CITIZEN INPUT FOR COUNCIL CONSIDERATION
TO: ALL COUNCIL MEMBERS 29 JUNE, 2005
COMMENTS REGARDING A DIRECT INCREASE IN MY TAXES "FOR
THE ARTS".
QUITE SIMPLY I'M 100% AGAINST THIS IDEA. IT SMELLS OF
A PLAN TO USE THE PUBLIC LARGESS TO SUBSIDIZE THE ARTY
COMMUNITY BY PURCHASING "ART WORKS" UNAPPRECIATED AND
UN PURCHASED BY THE COGNOSCENTI.
FROM WHAT I CAN SEE OR HEAR, THE "ESCAPE THE BLAME AND
TAKE THE BOWS" GROUP WHO WILL BE TASKED TO "EVALUATE"
THIS PROPOSAL - IS UNREPRESENTATIVE OF THE ENTIRE
PUBLIC OF OUR COMMUNITIES; AND WILL BE TOTALLY BEYOND
THE REACH OF THE ELECTORATE TO APPROVE OR DISAPPROVE
THEIR ACTIONS. THAT IS NOT DEMOCRATIC PROCESS.
HAS SOME SLEAZY POLITICIAN RESPONSIBLE FOR, e.g. THE
COUNCIL PAY INCREASE "EVALUATION / PROPOSAL" PROCESS
FOUND A GREAT WAY TO BYPASS THE PUBLIC IN MATTERS
WHICH PUBLIC REJECTION IS PROBABLE?
WHY ARE WE BEING SUBJECTED TO THIS SUBSIDY FOR THE
ART COMMUNITY?
AFTER WATCHING INCOME PRODUCING SMALL BUSINESS
EVAPORATE FROM THIS TOWN, WE DON'T REALLY NEED TO
WASTE AVAILABLE TAX MONEY IN SUPPORT OF ARTFUL DODGERS
'DECORATING' OUR BUILDING AND STREET CORNERS WITH
OBJECTS D'ART SO ESOTERIC THE ONLY COMMENT THEY EVOKE
IS "HUH ?.. WHAT'S THAT?"
A QUESTION: I WONDER HOW MUCH A PATRON OF THE
ARTS IS THE LADY (NOT HER HUSBAND) WHO PROPOSED THIS
LEGALIZED POCKET PICKING? DOES THE LADY USE HER
PERSONAL MONEY TO DONATE TO SUPPORT THE ARTS? ANY
RECEIPTS FOR SUCH DONATIONS? IF NOT - WHY SHOULD
THE TAXPAYING CITIZENS HAVE TO SUPPORT HER PERSONAL
FANTASIES?
THE ONLY SUPPORT FOR ANY BREMERTON ARTISTIC PROPOSAL I
WOULD EVEN CONSIDER BACKING - SHOULD THIS ARTY
RAILROAD JOB BE APPROVED BY COUNCIL; WILL BE TO
INITIATE A PUBLIC PETITION FOR FUNDS TO PLACE A CHEAP
REPLICA OF A FAMOUS ARTWORK ON THE CITY COUNCIL
CHAMBERS DOOR. AND THAT WOULD BE - RODIN'S "GATES
OF HELL"
GEORGE MILLER TAXPAYER PO BOX 788 BREMERTON, WA 98337
lL c
COl\'lMENTS BY HELEN I\ULLER BEFORE THE BREMERTON CIT)T COUNCIL 6 JULY, 2005
ON BEHALF OF MYSELF AND SEVERAL OTHER MEMBERS OF THE PUBLIC, I WOULD LIKE
TO OFFER THE FOLLOWING COMMENTS CONCERNING PERCEIVED PROCEDURAL
IRREGULARITIES BY THE CITY COUNCIL;
LAST WEDNESDAY THE COUNCIL ALLOWED A STUDY SESSION TO BE HELD IN THESE
CHAMBERS, AN IRREGULARITY IN ITSELF, APPARENTLY INTENDED TO PLEASE OR APPEASE
TWO COUNCIL MEMBERS. WE THE PUBLIC WERE TOLD THAT THE STUDY SESSION WOULD BE
RECORDED, AS ALL OTHER STUDY SESSIONS IN THE COUNCIL COMMITTEE ROOM ARE
RECORDED; AND DEFINITELY NOT TELEVISED..
BUT NO! THIS ONE WAS TELEVISED; A ONE SIDED PRESENTATION IN FAVOR OF A 1 %
TAX FOR THE "ARTS"; WITH NO OPPOSING VIEWS OR ARGUMENTS ALLOWED. WHEN THIS
ITEM COMES BEFORE THE CITY COUNCIL FOR A VOTE, AS A RESOLUTION OR ORDINANCE - A
5 TO 4 COUNCIL VOTE CAN PASS THIS TAX. IF AS THEY SA Y THE PUBLIC "WANTS THIS", THEN
WHY DON'T THEY TRUST US BY PLACING IT ON THE BALLOT ????
UNDERSTAND THAT GOVERNMENT HAS NO MONEY OF ITS OWN. THIS 1% TAX MONEY
IS BEING EXTRACTED FROM THE PUBLIC'S WALLETS - FOR AN ELITIST SPECIAL INTEREST
GROUP, AND YOU ARE ONCE AGAIN BEING TOLD WHAT'S GOOD FOR YOu. YOU HAVE NO
VOTE OR SA Y IN THIS MATTER.
NOW CONSIDERING THAT ONE OF THE COUNCIL MEMBERS WHO PROPOSED THIS TAX,
IS DIRECTLY INVOLVED IN THE "ART BUSINESS" IN BREMERTON - TIllS WHOLE UNFORTUNATE
PROPOSAL MAY BE VIEWED AS LOBBYING BY A PUBLIC OFFICIAL - AND APPEARS TO BE
UNETHICAL, AT BEST.
COMPARE THIS PROCESS WITH THE PROCEDURE REQillRED TO OBTAIN MONEY FOR
VITAL COMMUNITY FUNCTIONS, SUCH AS SCHOOLS, POLICE AND FIRE PROTECTION: IN THOSE
CASES THE CITY COUNCIL DECIDES WHETHER TO PUT IT ON THE BALLOT.
Page 1 of2
COMMENTS BY HJnJ~:N l\nI~LER BEfORE THEBREMERTON CITY COUNCIL 6 JULY, 2005
IT IS POOR TIMING FOR THE COUNCIL TO EMBRACE TRIVIAL PURSUITS SUCH AS THIS
ADDITIONAL 1% TAX - WHEN THE PUBLIC IS FACED WITH AN ADDITIONAL HEFTY UTILITIES
INCREASE, AND IN NOVEMBER WILL BE ASKED TO VOTE ON THE LAW AND mSTICE LEVY
INCLOSING, I'M SURE THAT YOU ALL ARE SHOCKED BY THE INCREASE IN YOUR
PROPERTY ASSESSMENT - WIllCH WILL BE LEACHING MONEY OUT OF YOUR POCKET FOR
YEARS TO COME.
DO YOU REALLY NEED AN ADDITIONAL TAX ???
(\1,\ {) () (')
~~! ~~~~.
,~".
Presented by Helen Miller
Page 2 of2
KITSAP COUNTY BOARD OF
CO M MIS S ION ERS
Efficient, accessible and effective county services
Chris Endresen
DISTRICT 1
June 28, 2005
Jan Ang!!1
DISTRICT 2
Daren Nygren, President
Bremerton City Council
345 6th Street
Bremerton, WA 98337
1~REaIVED. CITY COUNCIL OFflCpr
DATE -"=".,fp.)3o#~.Slt>!;).qID~ ~
c.c.: Co~",c:; I ({;>1 fN<)
Patty lent
DISTRICT 3
Dear Chair Nygren:
eris Gears ,
. County Administrator I would like to extend my support for the 1 % For The Arts Program in the City of Bremerton.
Along with Kitsap County, many cities and counties in the area have enacted ja program that
supports the arts by setting aside 1 % of Capital Improvement Project funds fdr the purchase and
maintenance of art for public facilities. The downtoWn core ofBremerton is 1vell on its way to
establishing itself as an Arts Community so it would be fitting to have a progfam that further
augments and promotes local art and artists. !
Inclusion of art in and around public offices and buildings enhances and enriches the daily
experience for county and city employees. A program such as 1 % for the Art$ would also
present the opportunity for art appreciation to those.who may not othelWise o~dinarilypartake of
such aesthetic enhancements making the facility itself an enlightening experiepce.
In closing, I strongly support the 1 % For The Arts Program and urge the Brenierton City
Council to adopt a resolution to launch this program. Thank your for your con~ideration.
cc: Mayor Cary Bozeman
Brad Gehring, Bremerton City Council District I
Cecil McConnell, Bremerton City Council Vice President, District 2
Wendy Priest, Bremerton City Council District 4
Mike Shepherd, Bremerton City Council District 5
Dianne Robinson, Bremerton City Council District 6
Carol Arends, Bremerton City Council District 7
Will Maupin, Bremerton City Council District 8
Mike Short, Bremerton City Council District 9
CE:kb
G:\COM\DA TA \DiSirict 1 \Letters\2005\Support the Arts.doc
614 Division Street. !\tlS-4' Port Orchard. Washington 98356-4676. (360) 337-7146 . FAX (360) 337-46;31
From: Oialla (253) 851-4147' Bainbridge Island i206J 842-2061
www.kitsaoQov.com
SCOTT w. LlNDQUIS\MD, MPH, DIRECTOR
345 6 H STREET, SUITE 300
BREMERTON, WA 98337-1866
(360) 337-5235
Jlll1e 30, 2005
Ms. Wendy Priest
City COlll1cilperson
City of Bremerton
345 6th Street, Suite 600
Bremerton, W A 98337
i!~fCEiVEO (lIT COUtlCll OfFICE"
~c_.__~1/~LrL~__=_,~-_",_~,"...
RE: PUBLIC ART AT HEALTH DISTRICT OFFICES
Dear Ms. Priest:
In response to your question, the Health District is very grateful to have public art pieces
installed outside our offices at the Norm Dicks Government Center in Bremerton. These
installations were provided at no cost to the Health District through Kitsap COlll1ty's 1% for Art
Program. The Health District would not have been able to install art pieces such as these with
the assistance of this program.
Public art enriches the visual character of spaces and, in our building, makes our space more
interesting and enjoyable for clients and all other visitors. In particular, the Mesolini Glass
Shtdio's installation on our third floor entitled "Our Community" features glass tiles developed
by third grade students from Armin Jahr Elementary School in Bremerton. It's a wonderful art
piece that fits with our infant and child care services and is enjoyed by clients seeking
maternity support services from our Parent Child Health Program and by all other visitors to
the Health District.
Public art adds to the quality of life and that benefits public health. Feel free to contact me at
(360) 337-5237 if you need additional information~
Sincerely,
c::::::::' t . ~ ' --.;. ~ "-""" ... ~
0"--"~ ~-
Scott Lindquist, MD, MPH
Director of Health
Cc: Cary Bozeman
Carol Arends
Mike Short
Scott Daniels
Kchdll/ admin/building/GcpublicArt0605.doc
From:
To:
Date:
Subject:
Christine Grenier
City Council
Wed, Jul 20, 2005 2:40 PM
Message regarding 1 % for the Arts
FILE
Council Members,
I received a call from Sheridan Moser, Janet Tracy, and Gary Smith on July 20th at 2:20 PM, and the
individuals passed on their comments in support of the
1 % for the Arts Ordinance that will be heard at the Council Meeting tonight.
FYI
Christine Grenier
Council Assistant
cc: Council Members
Roger Lubovich
Paula Johnston
File
c....... ouncil - f6'co'unCIE One Percentfor'H,eArts prosposal,"'a'notherharcfIo'ok,priorities'"
,...:.:.:.:...:.:.:.",.".,,>"'."_;.__.,._.___':,_,..."':':""':':':':':':':':':':':':':':':<':'0:,_,,,-"."",_,_,_,_,_,_,_"_,_,_,,_;,_,,,_"~"_ ,*""",'c:,:<,"'.":.'...,-,,_'e'.':.:':.'.':":':':':'::':':':':':':':':':':':':':"'.""".: '-,.-,':.':':':':':':':':' ""'_'.-' -__",'._".:...,....:<.:.:.:.:.:.....:.:.:.:.:<w.,.",','e,'.',..:,.:.:.:.:.:.:.:.,,::.:...:.:..........,.-,-_.,..",:'.."':"':':':':"':"":.''''_''''<<-'_:-!'.'__',__'.'_'_'.""n'.'.':.;.:.:.>:.:.:.:.:.:.:.:...:.:.:.:.:.:...._':'0':-'::.'.0'_"'_'_""_:'__"_:''<':_:_,,",'''--''-
-
-
From:
To:
Date:
Subject:
<GoJoe1966@aol.com>
<citycouncil@ci.bremerton.wa.us>
Wed, Jul 20, 2005 8:20 AM
TO Council: One Percent for the Arts prosposal, another hard look,priorities
Wed. July 20, 2005
To the Council:
Tonight you decide on whther to approve 1 % for the Arts. I have carefully
reviwed the new changes and agree all were crucial,all meet the requirements
that you protect the artwork itself,the artists and the public. My family,which
has had it's roots here since the 1880's,strongly supports public art and
agrees it leaves the most lasting impression with the public. Voting yes tonight is
a decision I think everyone can now live with and be proud of the
revised, more well thought out proposal you now have before you. I am very proud of
councilor Mike Short who seems to have thought this issue out and given it alot of
healthy debate:
I really think many citizens see this as:
1. Should this be a TOP 5 prioroity for the city today,RIGHT NOW?
2.IF this proposal had been in place in 2000 it would have in all likelihood
killed more than HALF of our projects that went through,will it do that to us
in the near future-are we ready for that right now? ( this measure in 2000
would have tacked on at least $350,000 to the Norm Dicks Center, at least $
400,000 to the Hampton/Conf. Ctr. downtown and $20,000-$35,000 to the Windemere
building which went up first.) Does anyone really feel ANY of these projects
would have gone on to completion if this measure had been in place then? Will it
kill projects right now at this cruical juncture?
3. Is this the RIGHT time too implement or would waiting just a bit
longer-one year hence-be the prudent, smart thing to do? (timing could be everything
here.)(see also roads,utilities,public safety)
4. The performing arts are left out-ask yourself why, why the disadvantage
and the poor,who could be inspired by such art,are left out of this
proposal-other cities do include the performing arts-even film festivals and teaching at
risk children music to improve their lives.
5.maintenance costs-parks dept. alone will not keep escalating maint. costs
down-thats why in places like Seattle they're thinking of making it TWO PERCENT
for the Arts-rising maintenance costs, it's just a fact with artwork-again
timing is important.
6. It all comes back to top priorities-should our city streets-all 138 sq
miles of roadway- be allowed to continue to deterioate and should our police
continue to be forced to cut back and only hire laterally while we say funding the
arts now today is a clear and TOP priority?
7. self serving: how did this proposal come about and why? Did it involve the
broad spectrum of citizens-if not why not? It's a good proposal down the
road-if the roads themselves are maintained well enough to get there!
Just some questions and priorities to ponder as you mull over your decision
tonight.Goodluck and God bless. Ed Rollman,citizen. 626 Highland
Avenue, Bremerton, Wa. 98337
note: please make and distribute a copy to each councilor.
P
LE
WASHINGTON STATE ARTS COMMISSION
ART IN PUBLIC PLACES PROGRAM
RCW 43.17
CONTRACT FOR COMMISSIONING OF ARTWORK
ARTIST:
ADDRESS:
AGENCY:
LOCATION:
FUNDING:
SOCIAL SECURITY#:
PHONE:
CONTRACT AMOUNT:
CITY:
COUNTY:
CONTRACT TOTAL:
Accession No.
Tax rate: Tax amount:
Time Schedule: Due date:
# of payments scheduled:
CONTRACT FOR COMMISSIONING OF ARTWORK
This CONTRACT is made and entered into by and between the WASHINGTON STATE ARTS
COMMISSION, hereinafter called the "ARTS COMMISSION" and ,
hereinafter called the "ARTIST", residing at
WHEREAS, the State of Washington is implementing a public art program pursuant to chapter 43.17.200
RCW, 43.17.205 RCW, 43.17.210 RCW, 43.19.455 RCW, 43.46.090 RCW, 43.46.095 RCW,
28A.335.2l0 RCW, 28B.lO.025 RCW, and 28B.lO.027 RCW, all state agencies, colleges and
universities, and public schools, hereinafter called the "AGENCY", shall allocate 1/2 of 1 % ofthe
appropriation for the original construction of any state building for the acquisition of works of art;
WHEREAS, in addition, pursuant to chapter 28B.10.027 RCW, all universities and colleges, hereinafter
called the "AGENCY", shall allocate 1/2 of 1 % of the appropriation for any major renovation or
remodeling work exceeding two hundred thousand dollars, ($200,000.00), of any state building, for the
acquisition of works of art;
to contract with the ARTIST for a work of art;
shall obtain an interagency agreement from the AGENCY to
the terms of this. CONTRACT;
NOW THEREFORE, the AR MISSION and theARTIST, for the consideration, covenants,
conditions and under the condit ns hereinafter set forth, do agree as follows:
WHEREAS, pursuant to chapter 43.17.200 RCW, 43.17.205 RC
43.46.090 RCW, 43.46.095 RCW, 28A.335.21O RCW, 28B.IO.
AGENCY has agreed that the ARTS COMMISSION shall erform t
210 RCW, 43.19.455 RCW,
8B.IO.027 RCW, the
ive mandates;
WHEREAS, the AGENCY shall transfer its 1/2 of 1 % art a
expenditure by the ARTS COMMISSION;
All rights and obligations of the parties to this
GENERAL TERMS AND CONDITIONS here
reference herein.
shall e subject to and governed by the
ttachment G and incorporated by
c , fabricate, transport and permanently install a
lie space, as designated by the ARTS
I. RETENTION OF THE ARTIST
A. The ARTS COMMISSION does hereby retain the ARTIST to perform the work and services
hereinafter described. The ARTIST is an independent contractor and shall furnish all supervision,
labor, materials, supplies, equipment or use thereof, travel expenses and all other incidentals, except
as specifically provided below, and shall conduct and complete the WORK in a competent and
professional manner.
II. SCOPE OF WORK
A. The ARTIST shall determine the artistic expression, scope, design, size, material, texture, color, and
location of the WORK, subject to review and approval by the ARTS COMMISSION, in consultation
with the AGENCY.
B. A drawing ofthe proposed WORK is to be attached to this CONTRACT, and by this reference,
incorporated into this CONTRACT as though set forth fully herein. Any surrounding site conditions
1
considered integral to the aesthetic integrity ofthe WORK shall be stipulated by the ARTISTS in the
drawing of the proposed WORK. According to the attached drawing a general description of the
WORK is as follows:
c. If requested by the ARTS COMMISSION at any time during the execution of this CONTRACT, the
ARTIST shall prepare and present to the ARTS COMMISSION maquettes, detailed drawings and/or
other documents including drawings by a licensed engineer, to scale, to describe the size and
character of the WORK. Such items, if requested, shall by this reference, be incorporated into this
CONTRACT as though set forth fully herein.
D. The ARTIST shall execute the WORK at a location determined by the ARTIST, in accordance with
the design, as approved by the ARTS COMMISSION, in consultation with the AGENCY.
E. Any change in the scope, design, size, texture or material of the proposed WORK, or any change that
will alter the WORK, shall require prior review and approval of the ARTS COMMISSION, in
consultation with the AGENCY.
AGENCY No
responsibility of the: (check below)
SION No NOT APPLICABLE Yes
F. Proposals and decisions affecting the site or the WORK shal
AGENCY to the ARTS COMMISSION for the ARTIST'S revie
G. The ARTIST shall install the completed work at:
site:
specific location:
H. Ifpreparation of the selected site is necessa
ARTIST No
1.
1.
ARTIST No AG
K. The base or footing
onsibility of the: (check below)
TS COMMISSION No NOT APPLICABLE Yes
s: Not Applicable
L. If other obligations are n
ARTIST No
, they are the responsibility of the: (check below)
ARTS COMMISSION No NOT APPLICABLE No
M. The other obligations are as follows: Not Applicable
N. The base or footings is to be as follows: Not Applicable
O. If other obligations are necessary, they are the responsibility of the: (check below)
ARTIST No
AGENCY No
ARTS COMMISSION No NOT APPLICABLE No
P. The other obligations are as follows: Not Applicable
Q. If preparation of the selected site, base or footings, or other obligations is determined to be the
responsibility of the AGENCY, an addendum to this CONTRACT shall be issued stating the
AGENCY'S responsibilities. The addendum shall be signed by the ARTS COMMISSION,
AGENCY, and the ARTIST and attached to this CONTRACT, and by this reference, incorporated
into this CONTRACT as though set forth fully herein,
2
R. The ARTIST shall have the opportunity to review and approve the detailed plans prepared by the
AGENCY and/or ARTS COMMISSION for the site preparation and/or base for the WORK. In case
the ARTIST does not approve such detailed plans, the ARTIST and the ARTS COMMISSION, in
consultation with the AGENCY, will attempt to agree on a mutually satisfactory plan for the site
preparation and/or base for the WORK.
S. Any surrounding site conditions considered integral to the aesthetic integrity of the WORK shall be
stipulated by the ARTIST in the drawing of the proposed WORK. If these conditions are determined
as integral to the WORK by the ARTS COMMISSION, in consultation with the AGENCY, an
addendum to this CONTRACT shall be issued stating these conditions. The addendum shall be
signed by the ARTS COMMISSION, AGENCY, and the ARTIST and attached to this CONTRACT,
and by this reference, incorporated into this CONTRACT as though set forth fully herein.
T. An identification plaque including the ARTIST'S name and other information pertinent to the
WORK, as specified by the ARTS COMMISSION, shall be publicly displayed and identified with the
WORK. The identification plaque shall be provided by the: (check below)
u. If the identification plaque is the responsibility of the ARTIST, it
be submitted with the design for the WORK.
ion into the WORK shall
ARTIST Yes
III. OWNERSIDP OF THE WORK
A. Ownership of the WORK under this CONT
completion of final payment to the ARTIS
the ARTS COMMISSION upon
IV. TIME SCHEDULE
A.
n the date of execution of this CONTRACT
s under this CONTRACT by .
B.
aetermined to be the last date of signature by either the
C. It shall be the respon
the WORK and make the
TIST to contact the ARTS COMMISSION during all phases of
arrangements pertaining to this CONTRACT.
D. Such time for completion may be extended by the ARTS COMMISSION to the extent the ARTIST
actually incurs delays in the design, fabrication and installation of the WORK due to circumstances
unforeseen by the ARTIST at the time of signing of this contract.
V. REVIEW OF WORK IN PROGRESS
A. The ARTS COMMISSION, or its' representative, shall have the right at reasonable times to
review the progress of the WORK and the WORK, upon request to the ARTIST.
B. The ARTS COMMISSION may request, from the ARTIST, documentation of the progress
of the WORK to determine the completion of the phases of the WORK as set out in Section VI.
VI. PAYMENT
A. The ARTIST shall be paid by the ARTS COMMISSION for completed work and/or services
related to this CONTRACT. Such payment shall be full compensation for all work performed
and/or services rendered to complete the WORK. The payment for the WORK shall be an
amount not to exceed plus sales/use tax of for a total payment of . The payment is
3
subject to adjustment as set forth in Section XIV. Payments will be made upon a percentage of
completion basis as set forth in THE A TT ACHED FORM E, which by this reference is
incorporated into this contract as though set forth fully herein.
B. Final payment will be made following a 30-day lien period to begin upon the date of
completion of installation in the designated location and receipt by the ARTS COMMISSION
of the ARTIST'S resume and technical description and maintenance recommendations for the
WORK as outlined in Section VII.
C. The ARTIST shall submit a billing, on a state of Washington invoice voucher form, to the
ARTS COMMISSION, when he/she believes each stage outlined above has been reached. The
invoice voucher will be provided to the ARTIST by the ARTS COMMISSION. The
determination that the stage has been reached shall be the responsibility of the ARTS
COMMISSION. The ARTS COMMISSION will promptly determine whether the ARTIST has
completed the applicable stage. When the ARTS COMMISSION determines the stage is
complete the ARTS COMMISSION will process the invoice voucher and make payment to the
ARTIST within 30 days.
A. The ARTIST is responsible for payment ofrequir
of assistants, insurance, communications, stuqio space,
transportation, storage, rentals, installation d publicr
the completed WORK.
, s pplies, equipment, labor
10 ing, sustenance,
detail in Section VIII, for
VII. ARTIST'S PROFESSIONAL RESUME,
ANDARTIST'S SPECIFICATION SH
A. Upon completion of the WORK, the
ide a current professional resume.
B. Upon completion of the WO ,
maintenance record for the WO
forms A and B, which by . efere
forth fully herein.
. complete and provide a technical and
1St'S specification sheet according to the attached
incorporated into this CONTRACT as though set
C. The documents
the release of fi
d to the ARTS COMMISSION for its permanent record prior to
VIII. PUBLIC REPORT
A. To help facilitate the understanding of works of art within public agencies, the ARTIST shall
provide a public report and/or information to the ARTS COMMISSION and/or AGENCY. The
format, contents, production and presentation of the public report shall be determined by the
ARTS COMMISSION in consultation with the ARTIST. The ARTIST and ARTS
COMMISSION shall mutually agree upon the responsibilities for the public report prior 0 the
commencement of fabrication of the WORK and make provisions for any extraordinary expenses
as a result of this determination. The plan for the public report is to be attached to the
CONTRACT as set forth in attached form C, which by this reference is incorporated into this
contract as though set forth fully herein.
IX. OWNERSHIP OF DOCUMENTS AND MODELS
A, Drawings, specifications, and models or the WORK performed under this CONTRACT, or which
relate to the WORK, including all preliminary studies, shall be the property of the ARTS
COMMISSION following completion of the WORK under this CONTRACT of following
termination by the ARTS COMMISSION under Section XVII.
4
B. Pursuant to the authority granted it in chapters 43.17.210 RCW, 28B.1O.025 RCW, and
28A.335.2l0 RCW, the ARTS COMMISSION shall have sole discretion to waive this provision
and return the property to the ARTIST upon a determination by the ARTS COMMISSION that
the property has no further intrinsic value to the state and that the state has no further need of it
X. RISK OF LOSS AND INSURANCE
A. The responsibility for and risk of damage to or loss of the WORK during fabrication and through
installation shall be solely that of the ARTIST. The responsibility and risk shall transfer to the
AGENCY and shall no longer by the responsibility ofthe ARTIST upon completion of
installation of the WORK.
B. The ARTS COMMISSION may require the ARTIST to provide a policy of insurance to cover the
risk of liability, damage to or loss of the WORK during fabrication and/or through installation.
Such a requirement will be set out prior to the commencement of fabrication of the WORK.
XI. POSSESSION
A. If the WORK can be removed from the building or ground
COMMISSION shall have the right to possession of the .
and/or loan of the WORK to the public.
TIST and ARTS
th purpose of exhibition
B. The ARTIST may have the right of possession fi
years upon approval by the ARTS COMMIS
ARTIST shall provide proof of sufficient'
exceed ninety days every five
n with the AGENCY. The
d transportation.
C. The ARTS COMMISSION shall have
years every five years. The ARTS CO
the WORK.
ossession for one period not to exceed two
1 be responsible for the transportation of
XII. REPAIRS AND MAINTENANCE
A. The ARTS COMMISSIO
simple procedures d that
WORK. The AG
specified by the
COMMISSION, t
responsibility.
normal maintenance of the WORK will involve
ance on a regular basis is essential to the integrity of the
b e for all routine maintenance required on a periodic basis as
chnical and maintenance specifications record. The ARTS
s ability, will insure compliance by the AGENCY of this
B. The ARTS COMMISSION shall be responsible for making all necessary repairs and restorations
of the WORK. The ARTS COMMISSION'S responsibly for repairs and restoration ofthe
WORK is, by law, contingent upon receipt of adequate appropriations for this purpose.
C. Where possible, the ARTIST shall be consulted as to his/her recommendations regarding repairs
and restorations being made during the lifetime of the ARTIST. To the extent practical and in
accordance with accepted principles of professional conservation, the ARTIST shall be given the
opportunity to accomplish repairs and restorations and shall be paid a reasonable fee for the
servIces.
XIII. CHANGES AND RESALE
A. The ARTS COMMISSION, when adequate information has been received from the AGENCY,
shall notify the ARTIST of any proposed alteration of the site or adjoining areas that would affect
the intended character and appearance of the installed WORK, and shall consult the ARTIST in
the planning of any such alteration.
5
B. Should the WORK be intentionally destroyed, damaged, altered, modified or changed, by the
agency, the agency shall be responsible for the expense incurred in restoring the WORK to its
original form.
C. If any change in the WORK occurs through mutilation, vandalism or other damage or the WORK
is not fully resorted to its original form in a timely manner the ARTIST may elect to enter upon
the site and at the expense of the agency, remove or obliterate the identification plaque referred to
in Section II, as well as any signature or other emblem identifying the ARTIST with the WORK.
D. While recognizing that the state does not have legal mechanism permitting the sale of works of
art, that state agrees that if in the future the state does sell the WORK during the life of the
ARTIST the state shall pay the ARTIST a sum of fifteen percent (15%) of the appreciated value
ofthe WORK.
XIV. TERMINATION OF COMMISSIONING OF ARTWORK
A. In the event of a termination pursuant to Paragraph 14 of the General Terms and Conditions, the
ARTIST may refund all moneys paid to himlher by the AR MMISSION prior to the time
of termination and retain the WORK, together with any pecifications and models and
all materials and supplies purchased for the WORK, for i u without restriction.
B. The responsibility for the determination
WORK during the one-year pe .
TI, does hereby agree to be
ation of the WORK for the
ORK.
XV. INDEMNIFICATION FOR ACQUISITION OF
A. Upon completion of the installation of the W
responsible for a period of one year from
integrity of the materials and fabricatio
, S liability for faults or defects in the
at of the ARTS COMMISSION.
XVI. RECORDS
A. The ARTS COMMISSIO
the location and dis osition
tain on permanent file a record of this contract and of
ARTIST
BY
TITLE
DATE
WASHINGTON STATE ARTS COMMISSION
BY
TITLE Executive Director
DATE
The following is applicable to Washington State Artists Only:
Washington State Department of Revenue Registration Number
Congressional District Number Legislative District Number
Approved as to form
Assistant Attorney General: ORIGINAL
SIGNATURE ON FILE, October 10, 1996
(revised October 1996)
6
I~----
nW\MSHINGTONsrATE
~ARTSCOMMISSION
ATTACHMENT C
ARTIST'S PUBLIC REPORT
The format for the ARTIST'S public report shall be (written, slide presentation, brochure, etc.):
To be determined prior to installation
The ARTIST'S public report shall contain information on process, the artwork, artist, etc.:
To be determined prior to installation
The production ofthe ARTIST'S public report shall be coordinated through and/or by:
Program Manager, Art in Public Places
The date of delivery of the ARTIST'S public report is:
Art in Public Places Program
234 E 8th Avenue, PO Box 42675
Olympia WA 98504-2675
(360) 753-5894 FAX (360) 586-5351
DATE SUBMITTED: 6-9-2005
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL-
BILL# 05-1'(8
lB
........................................................................................
SUBJECT: Approval of Professional
Services Agreement with RDG Planning &
Design for Phase II for completion of
construction documents, design for
casework, and exhibit displays for Building
50 Museum and it's immediate surroundings
and completion of construction documents
for Harborside Memorial Plaza.
Committee Meeting Date: June 15,2005
COUNCIL MEETING Date: July 6, 2005 7-;;( 0 -05'"
Department: Economic
Development
Presenter: Gary Sexton
Phone: 473-5282
SUMMARY: Staff is recommending that the City of Bremerton enter into a professional services
agreement with RDG Planning & Design for Phase II of the Maritime Park Naval Museum, also
known as Building 50. Phase II includes completion of the architect's instrument of service; the
construction documents of Building 50 and it's immediate surroundings resulting in the adaptive reuse
into a museum building. Phase II also incudes all the build-out including design for casework,
cabinets, counters and exhibit display items. Additionally, Phase II includes the completion of
construction documents for Harborside Memorial Plaza. Phase II compensation not to exceed
$520,000.
ATTACHMENTS: Professional Services Agreement - o~a-f r;:.j?~(l~
'l .\ . / t) , \ d \ "S ()
FISCAL IMPACTS (Include Budgeted Amount): l:lo.lC.\.ud.e...d \..... ~""4.- 1Y\""....l'\\ ~ Q",)VI l: / ""-'\
'ol.Jc\~e.... ~ .
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
.);;?~ .
4~~
j)~ ~~
CONSENT AGENDA I~., i
~~.
RECOMMENDED MOTION:
Move to approve the Professional Services Agreement with RDG Planning & Design for Phase
II of the Maritime Park Naval Museum and Memorial Plaza and authorize the Mayor to
execute the agreement in substantially the same form as presented.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
g..
page 1
F'\...ilj"H'~!hl':;~ . DES~Gt-.,1
13 May 2005
PHASE II
ADDENDUM
Mr. Gary Sexton
Director of Economic Development
City of Bremerton
345 6th Street, 5th Floor
Bremerton, WA 98337
Re: Professional Services Agreement
Project: Harborside Heritage Museum
RDG Project Number: 24111.01 and 24111.02
Dear Mr. Sexton:
If accepted, this proposal document is an addendum of the Building SO/Naval Museum
Professional Services Agreement previously dated February 14, 2005 between the City of
Bremerton, Washington, and RDG Planning and Design. This agreement covers Phase
II of the Bldg 50 museum. Phase II is completion of the architect's instrument of service;
the construction documents of Building 50 and it's immediate surroundings resulting in the
adaptive reuse into a museum building. Phase II includes all the build-out including
design for casework, cabinets, counters and exhibit display items. Phase III is the
implementation of the interpretive plan including plan for specific exhibits in Building 50.
~
Phase II also includes, as a separate line item, the completion of construction documents
for Harborside Memorial Plaza.
The scope of work for RDG Planning & Design in Phase II includes Building 50, the
proposed addition presented in Phase I, and it's immediate environment at the southwest
corner of the intersection of Pacific Street and 1st Street.
The scope of services is based on a construction budget of $3,500,000 (three million five
hundred thousand dollars) for Building 50, including design and incorporation of Navy
design repair work in the sum of 1.5 million, and construction documents for the proposed
services addition. Updated conceptual cost estimates will be provided at each phase.
Fees under this agreement shall not exceed $520,000.
Scope of Services Phase /I-Museum:
1. Design and coordination of construction document needs for NAVFAC regarding
the changes needed to Building 50 for transfer of the property from NAVFAC to the
City of Bremerton as outlined in the BESS document dated 21 April 2005 by SL
Sparks.
2. Completion of Construction Documents for the remainder of Building 50 for
conversion into a museum based on RDG museum design guidelines.
RDG Planning & Design 900 Farnam Street, Suite 100
Omaha, Nebraska 68102
402-392-0133
www.rdgusa.com
g..
Scope of Se/Vices Phase /I-Memorial Plaza:
1. Design and coordination of construction documents for the memorial plaza with
other designated consultants involved in the ferry terminal traffic tunnel.
2. Completion of Construction Documents for the memorial plaza.
3. Coordination with PSNY for artifacts to be incorporated.
4. Design and coordination and implementation of downtown Bremerton streetscape
plan as it relates to the area of the memorial plaza.
Scope does not include Construction Administration, which will be held under a separate
agreement once Phase III Exhibit Design is contracted. The estimated hours and fees
represent a percentage of construction costs and shall be amended according to
construction costs, capital funding changes, phased construction, or delays in
construction starts beyond twenty-four months.
Estimated Hours:
Museum:
The estimate for the hours involved in Phase II:
Please refer to Attachment A, rate schedule
The maximum cost of the architect's work shall
not exceed $375,000.
4,500
Memorial Plaza:
The estimate for the hours involved in Phase II:
Please refer to AttachmentA, rate schedule
The maximum cost of the architect's work shall
not exceed $100,000
1,125
Estimated Travel and Expenses:
Travel and related expenses of Phase II
Shall not exceed:
$75,000
(authorized signatures)
Gary Sexton, City of Bremerton John A Sova, RDG Planning & Design
RDG Planning & Design 900 Farnam Street, Suite 100 www.rdgusa.com
Omaha, Nebraska 68102
402-392-0133
Building 50/Naval Museum-RDG
PROFESSIONAL SERVICES AGREEMENT
Phase I & Phases II
The City of Bremerton ("City") and RDG Planning & Design ("Consultant"), referred to
collectively as the "Parties," enter into the following Agreement for professional services:
I. Scope: The Consultant agrees to perform the Scope of Service for Phase I set forth in
attachment B regarding completion of concept design work and schematic design for Maritime
Park Naval Museum. Phase I includes complete concept renderings, master plan, interpretive
plan, program and adjacencies for Building 50 adaptive reuse into a Naval Museum. At the sole
discretion of the City of Bremerton and upon completion of Phase I and written approval of the
schematic design, the City may direct and hire, with City Council approval, the Consultant to
proceed with work and perform Phase II work. Phase II is completion of construction
documents, plans, specifications and bid documents for Building 50 renovation and its
immediate surrounding site work resulting in the design for adaptive reuse as a naval museum,
The compensation includes costs of travel, meals and housing. Consultant further represents that
the services furnished under this Agreement will be performed in accordance with generally
accepted professional practices in effect at the time such services are performed.
II. Term: The City and the Consultant agree that work will begin on the tasks described in
Phase-I immediately upon execution of this Agreement. The parties agree that the Phase I work
is to be completed by February 15, 2005; provided however, that additional time shall be granted
by the City for excusable delays or extra work. If directed to proceed with Phase II work shall
begin upon written acceptance of the Schematic Design by the City of Bremerton Director of
Economic Development. Phase II work is to be completed by July 15, 2005; provided however
that additional time may be granted by the City.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant hourly fees pursuant to Attachment A for Phase I not to exceed Thirty
Thousand Dollars ($30,000) and, if retained, not to exceed Ninety Six Thousand Dollars
($96,000) for Phase II. Total compensation under this Agreement shall not exceed One Hundred
Twenty Six Thousand Dollars ($126,000)
The Consultant shall submit a billing statement detailing work performed and amount
charged on each task or portion thereof. The descriptions shall conform to and fall within the
categories set out in the Scope of Work. Upon receipt of a conforming billing statement, the
City shall promptly process payment.
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Consultant shall only be compensated for additional services if requested in writing.
1
~
If a billing statement does not conform to this Agreement, the City may withhold
payment until the statement is brought into compliance. Such withholding does not relieve
Consultant of its obligations under this Agreement.
IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Work and is performing independent functions and responsibilities within its
field of expertise. Consultant and its personnel are independent Consultants and not employees
of the City. Consultant and its personnel have no authority to bind the City or to control the
City's employees and other Consultants. 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-Consultants of the
Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of
Consultant's agents, employees, representatives and sub-Consultants during the performance of
this Agreement. The City may, during the term of this Agreement, engage other independent
Consultants to perform the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement.
V. ~ndemnification: Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement, except for that portion of the injuries and damages caused by the
City's sole negligence.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
The provisions of this section shall survive the expiration or termination of this
Agreement.
VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims which may arise from or in connection with the performance of the
work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-
Consultants as follows:
Professional Liabilitv Insurance with limits no less than $1,000,000 limit per
occurrence/claim.
2
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement.
B. Ownership and Use of Records and Documents: All documents, including all reports,
drawings, specifications, computer software or other items prepared or furnished by Consultant
pursuant to this Agreement, are instruments of service with respect to the project and are the
property of the City. Any reuse by the City for other than the specific purpose intended will be
at City's sole risk.
C. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text of this Agreement.
D. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
E. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
F. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1st class mail, or by personal service, and
shall "Qe deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
City of Bremerton
Gary Sexton
Economic Development
345 6th Street
Bremerton W A 98337
Jeffrey Cannon
RDG Planning & Design
900 Farnam St. Suite 100
Omaha, Nebraska 68102
G. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws
ofthe State of Washington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney's fees.
1. Assignment: Any assignment of this agreement by the Contractor without the written
consent of the City shall be void.
3
VIII. Nondiscrimination: Consultant 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 qualification.
IX. Termination: This Agreement shall remain in force until completion and acceptance of
the services, terminated by written instrument upon mutual consent, or by the City of Bremerton
for convenience. This Agreement may be immediately terminated for cause by a Party if the
other Party substantially fails to perform through no fault of the terminating Party, and the non-
performing Party does not commence correction of the failure of performance within thirty (30)
days of the terminating Party's sending notice to the non-performing Party. Any Notice by
Consultant shall include a report showing the status of all items listed in the Scope of Work
current through the termination date.
In the event of termination, the City shall pay for all services performed by the Consultant to the
effective date of termination, as described on a final invoice submitted to the City. After
termination, the City may take possession of all records and data within the Consultant's
possession pertaining to this project which may be used by the City without restriction. Any
such use not related to the project which Consultant was contracted to perform shall be without
liability or legal exposure to the Consultant.
CITY OEJ3REMERT5D~,"~-"" ~/
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By: Cary Bozeman
its: Mayor
Date: c~-~;U-o 5::
CONSULTANT
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4
PROFESSIONAL PERSONNNEL
Principal
Architect/Designer
Architect
Intern Architect I
Intern Architect II
Planner
Graphic Designer
Intern
Construction Administrator I
Construction Administrator II
Draftsperson
Clerical I
Clerical II
Clerical III
ATTACHMENT A
Standard Hourly Rate Schedule
HOURLY RATES
$125.00
$115.00
$ 85.00
$ 63.00
$ 55.00
$ 62.00
$ 42.00
$ 30.00
$ 88.00
$ 68.00
$ 43.00
$ 54.00
$ 42.00
$ 30.00
Attachment B
Scope of Work Phase I
Phase I is an agreement to complete concept renderings, master plan, interpretive plan, program,
and adjacencies for the Building 50 adaptive reuse into a museum building. Completion of
concept renderings is also to be considered completion of preliminary schematic design. The
scope of work for RDG Planning & Design in Phase I includes the museum building, its
immediate environment, the southwest comer of the intersection of Pacific Avenue and First
Street, exclusively, and leading the interpretive concept design of the Memorial Plaza in concert
with The Portico Group. (Memorial Plaza being that area west of Pacific Avenue, south of
Burwell Street, north of First Street, and east ofPSNS.)
The scope of services is based on a budget of $800,000 (eight hundred thousand dollars) for
Building 50 in Phase II. Updated conceptual cost estimates will be provided at each phase.
Scope of Services Phase I:
1. Qualitative and quantitative classification of current and available collection by
category and subcategory into "Display", "Study", "Reserve"
2. Quantify conservation needs
3. Determine display versus storage ratios
4. Determine exhibition and storage densities
5. Determine exhibit information and communication strategy
6. Interpretive concept/exhibit plan
7. Written space program
8. Determine space adjacencies and zoning
9. Site plan
10. Concept building plans
11. Concept building elevations
12. Concept renderings
13. Schematic design
Estimated Hours:
The estimate for the hours involved in Phase I
Refer to Attachment A, rate schedule
350
Estimated Travel and Expenses:
Travel and related expenses of Phase I are estimated to be:
This estimate includes 2 presentations
$8,000
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL # ().C),- 163
DATE SUBMITTED: July 5, 2005
lc
........................................................................................
SUBJECT: Contract with Kitsap Transit for
Use of City-Owned Rights of Way
Committee Meeting Date: July 13, 2005
COUNCIL MEETING Date: July 20, 2005
Department: City Attorney's Office
Presenter: Roger A. Lubovich
Phone: 360-473-2345
SUMMARY: Pursuant to RCW 36.57A.080, a public transportation benefit area such as Kitsap
Transit may contract with a City for use of rights-of-way. Through the proposed contract, the City of
Bremerton conveys to Kitsap Transit the right to use a portion of Callow Avenue and Fifth Street
rights-of-way as described in the agreement.
ATTACHMENTS: Proposed Contract
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENTDIRECTOR:._.__,.__._~ . :~_._""
CITY ATTORNEY: <:;>~-=:; .?~~_~..,,~
FINANCE DfRECTOR: c:::, W .~.
MAYOR: '.,
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
-IJ)~ . AL .
A' ,. ,.; I' /1 /1
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C"i; .L./~.--' \....-' t.l.//(.,c- /) 1,.,<".J'._-<____-
CONSENT AGENDA 0
~-
~
ntract for Use of City-Owned Rights-of-
RECOMMENDED MOTION: Move to approve the
Way between the City of Bremerton and Kitsap Transit.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
After Recording Retum to:
Ronald C. Templeton, P.S.
3212 NW Byron Street, Suite 104
Silverdale, W A 98383
CONTRACT FOR USE OF CITY-OWNED RIGHTS-OF-WAY
This Agreement is made and entered into pursuant to RCW 36.57 A.080 by and
between KITSAP TRANSIT, a Municipal Corporation organized as a Public
Transportation Benefit Area ("KT") and the CITY OF BREMERTON, a Municipal
Corporation and Washington First Class Charter City (the "City") as of the _ day of
July, 2005.
For good and valuable consideration, the receipt and sufficiency of which is
acknowledged, the parties agree as follows:
1. Callow Avenue Grant. Subject to the reservations and protective covenants
set forth in Paragraph 2, the City hereby grants and conveys to KT, as the
owner of the real property described in Exhibit I (the "Transit Parcel"), the
perpetual, appurtenant and exclusive right to use, occupy, enjoy and
improve that portion ofthe Callow Avenue right-of-way (hereinafter the
"Callow Parcel") located in the City of Bremerton, as described in Exhibit 2
hereto.
2. Callow Parcel Reservations. Protective Covenants and Miscellaneous
Tenns.
2.1 Reservations. The City hereby reserves unto itself and to private
utility companies with existing utilities located within the Callow
Parcel described in Exhibit 2, including, but not limited to, Puget
CONTRACT FOR USE OF CITY-OWNED RIGHTS-OF-WAY
Page 1 of6
Sound Energy, Cascade Natural Gas, Qwest and any applicable
cable company, (collectively "Utility") the following rights to the
Callow Parcel:
a. The right to operate, maintain, repair, replace and inspect all
existing utilities over, under or within the Callow Parcel at
times and locations of its choosing as may be reasonably
necessary to operate and maintain said utilities in a good
working condition. To the extent practicable, the City will
notifY KT in advance of any planned access requirements by
the City. In the case of private utilities, access rights shall be
governed by its right-of-way franchise or contract with the
City or as otherwise provided by law;
b. The right to install, operate, maintain, repair, replace and
inspect additional underground utility lines, provided no new
above-ground or surface appurtenances shall be placed in the
West 45 feet ofthe Callow Parcel without the written
consent from KT, which consent shall not be unreasonably
withheld, provided, in the case of private utilities, the right of
said utilities herein shall be as provided in its right-of-way
franchise or contract with the City or as otherwise provided
by law.
2.2 Protective Covenants. KT shall not,
a. Without the express written consent of the City, construct,
erect or maintain any buildings on or over the Callow Parcel
or excavate below a depth of 2 feet below the hard surface of
the parcel; or
b. Damage, disrupt or interfere with the Utility's operation, use
maintenance of and access to utilities within the Callow
Parcel.
2.3 Maintenance. KT shall be responsible for the maintenance of the
surface ofthe Callow Parcel. However, the Utility shall be
responsible for repairing any surface damage to the Callow Parcel
caused by the operation, maintenance, repair, construction,
installation, replacement or inspection of utilities within the Callow
Parcel unless such damage was caused by KT. The City shall have
no obligation to restore any improvements made by KT such as
(without limitation) fencing, striping and signage, landscaping,
CONTRACT fOR USE Of CITY-OWNED RIGHTS-Of-WAY
Page 2 of6
walkways, curbing and lighting. Private utility companies shall be
obligated to restore any improvements made by KT as required by
its right-of-way franchise or contract with the City or as otherwise
required by law.
3. Fifth Street Grant. Subject to the reservations and protective covenants set
forth in Paragraph 4, the City hereby grants and conveys to KT, the
exclusive and perpetual right to use, occupy, enjoy and improve that portion
ofthe Fifth Street right-of-way (hereinafter the "Fifth Street Parcel")
located within the City of Bremerton as described on Exhibit 3.
4. Fifth Street Parcel Reservations, Restrictive Covenants and Miscellaneous
Terms.
4.1 Reservations. The City hereby reserves unto itself and to private
utility companies with existing utilities located within the Fifth
Street Parcel described in Exhibit 3, including, but not limited to,
Puget Sound Energy, Cascade Natural Gas, Qwest and any
applicable cable company, (collectively "Utility") the following
rights to the Fifth Street Parcel by the City. In the case of private
utilities, access rights shall be governed by its right-of-way franchise
or contract with the City or as otherwise provided by law:
a. The right to operate, maintain, repair, replace and inspect all
existing utilities over, under or within the Fifth Street Parcel
at times and locations of its choosing as may be reasonably
necessary to operate and maintain said utilities in a good
working condition. To the extent practicable, the City will
notify KT in advance of any planned access requirements;
b. The right to install, operate, maintain, repair, replace and
inspect additional utility lines within the Fifth Street Parcel
so long as any new surface or above ground appurtenances
do not interfere with KT's normal and reasonable use of the
Fifth Street Parcel for transit-related purpose, provided, in
the case of private utilities, the right of said utilities herein
shall be as provided in its right-of-way franchise or contract
with the City or as otherwise provided by law.
CONTRACT FOR USE OF CITY-OWNED RIGHTS-OF-WAY
Page 3 of6
4.2 Restrictive Covenants. KT shall not:
a. Without the express written consent of the City, construct,
erect or maintain any fences, buildings, walls or structures on
or over the Fifth Street Parcel, excluding, however, curbing,
pay telephones, benches, seating areas, transit shelters, trash
receptacles, lighting, parking areas and directional signage or
excavate a depth of 2 feet below the hard surface of the
parcel; or
b. Damage, disrupt or interfere with the Utility's operation, use,
maintenance of and access to, utilities within the Fifth Street
Parcel.
4.3 Maintenance. KT shall maintain the surface of the Fifth Street
Parcel. However, the Utility shall repair any surface damage to the
Fifth Street Parcel caused by the operation, maintenance, repair,
installation, construction, replacement or inspection of utilities
within the Fifth Street Parcel, unless such damage was caused by
KT. The City shall have no obligation to restore any improvements
made by KT such as (without limitation) fencing, striping and
signage, landscaping, walkways, curbing and lighting. Private
utility companies shall be obligated to restore any improvements
made by KT as required by its right-of-way franchise or contract
with the City or as otherwise required by law.
4.4 City's Duties. The City shall restrict access to the Fifth Street Parcel
to one-way "transit-only" traffic with appropriate signage.
5. Miscellaneous.
5.1 Construction. The terms of this Agreement constitute running
covenants, are perpetual and are binding on and inure to the benefit
of KT and the City and their respective successors and assigns.
5.2 Reversionary Interest.
a. In the event KT or its successor in interest conveys its
interest in the property abutting the Callow Parcel to a non-
governmental third-party which 1) does not use the abutting
property for transit related purposes or 2) who ceases to use
the abutting property for transit-related purposes for a period
CONTRACT FOR USE OF CITY-OWNED RIGHTS-OF-WAY
Page 4 of 6
of 2 years, the interest of KT or successor in interest in said
parcel herein shall automatically revert to the City.
b. If either the Fifth Street Parcel shall not be used for transit-
related purposes for a period of 2 years, the interest of KT or
its successor in interest in said parcel herein shall
automatically revert to the City.
5.3 Indemnification.
a. KT shall defend, indemnifY and hold harmless the City, its
appointed and elected officers and employees, fromand
against any and all liability, loss, costs, damage and expense,
including costs and attorney fees in defense thereof because
of actions, claims or lawsuits for damages resulting from
person or bodily injury, including death at any time resulting
therefrom, sustained or alleged to have been sustained by
any person or persons and on account of damage to property,
arising or alleged to have arisen directly or indirectly out of
or in consequence ofKT's use of the Callow Parcel, and the
Fifth Street Parcel, whether such injuries to person or
damage to property is due to the negligence of KT, its
subcontractors, agents, successors or assigns, or from
contamination from hazardous material and other pollutants
caused by KT or its assigns, or from any claims from
adjoining property owners claiming an interest in or right of
access to or from the Callow Parcel or the Fifth Street
Parcel. This provision shall be inapplicable to the extent the
City is judicially found solely negligent for such damage or
111] ury.
b. Conversely, the City shall defend, indemnify and hold
harmless KT, its appointed and elected officers and
employees, from and against any and all liability, loss, costs,
damage and expense, including costs and attorney fees in
defense thereof because of actions, claims or lawsuits for
damages resulting from person or bodily injury, including
death at any time resulting therefrom, sustained or alleged to
have been sustained by any person or persons and on account
of damage to property, arising or alleged to have arisen
directly or indirectly out of or in consequence of the City's
use ofthe Callow Parcel, and the Fifth Street Parcel,
whether such injuries to person or damage to property is due
CONTRACT FOR USE OF CITY-OWNED RIGHTS-OF-WAY
Page 5 of6
to the negligence of the City, its subcontractors, agents,
successors or assigns. This provision shall be inapplicable to
the extent KT is judicially found solely negligent for such
damage or injury.
CITY OF BREMERTON
By
CARY BOZEMAN, Mayor
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
ROGER LUBOVICH, City Attomey
KITSAP TRANSIT
By
RICHARD HAYES, Executive
Director
ATTEST:
CATHIE KNOX-BROWNING,
Clerk of the Board
APPROVED AS TO FORM:
RONALD C. TEMPLETON,
General Counsel
R: \LEGAL \Files\CulTent Active Files\Kitsap Transit\ContractTo UseCity-OwnedRights-Of- W ay6280 Sred.doc
CONTRACT FOR USE OF CITY-OWNED RIGHTS-OF-WAY
Page 6 of6
EXHIBIT 1.
Lot~ 15 through 35~ Block 4, Charleston, according to the plat thereof, recorded in
Volume 2, pages 16 and 17, records of Kit sap County, Washington; together with Lots 1
through 44, Block 9, Charleston, according to the plat thereo,r, reconled in Volume 2,
pages 16 und 17; also together with that portion: of vacated Coontz Street and abutting
alley as described ill Ordinance 4913, and recorded under Auditor's File No.
200501140237, as attaches per operation oflaw. Except fot that portion ofthe ahove
described property lying northerly of the southerly line of State Highway 304, per SR304
Highway Plan.
EXHIBIT 2
That portion of Callow Avenue shown in the plat of Charleston as recorded in Volume 2
of plats, Page 17, records of Kitsap County, Washington, situate in the northeast quarter
of the northeast quarter of Section 22, Township 24 North, Range 1 East, Willamette
Meridian, Kitsap County, Washington, more particularly described as follows:
Beginning at the southeast corner of Lot 27, Block 9 of said plat of Charleston, also being
the westerly right of way of Callow A venue; thence along the east line of said Lot 27 and
the said westerly right of way, north 20 feet .to the true point of beginning; thence
continuing north along said westerly right of way to the southeast corner of Lot 32, Block
4 of said plat of Charleston; thence leaving said westerly right of way, east 60 feet to the
southwest corner of Lot 13, Block 5 of said plat of Charleston, also being the easterly
right of way of Callow Avenue; thence south along said easterly right of way to a point
which is east of the true point of beginning; thence leaving said easterly right of way,
west 60 feet to the true point of beginning.
Together with easements for the existing storm, sanitary and water utilities.
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AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL #
$ as- - /0.L/
DATE SUBMITTED: 5/10/05
---.""'..~......
7D
.......................................................................................1
SUBJECT: Take Home Vehicle Policy
Committee Meeting Date: Mtty 18, 2005 7 /I ~o S-
COUNCIL MEETING Date: J\4ay 25,2-005 7/'0'20/0.$
Department: City Council ' ,
Presenter: Cecil McConnell
Phone: Ext. 5280
SUMMARY: This policy has been revised to ensure that the expenditure of public funds for use of
City vehicles to be taken home after normal work hours is in the best interests of the City, provides
consistency in the way Take Home vehicles are assigned and utilized by employees, and to comply
with IRS regulations. The resultant policy is the product of the combined efforts of the Audit and
Take Home Vehicle Commitees.
ATTACHMENTS: Proposed Policy
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS: ({l'i~Jc,t-, {ZUC"C,d'.L.,.//
COUNCIL PRESIDENT: ~ I1.A-- ~______
RECOMMENDED MOTION: Motion to approve revised Take Home Vehicle policy, and provide
00
for an effective date.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
CITY OF BREMERTON
HUMAN RESOURCES POLICY
TAKE HOME VEHICLE POLICY
INDEX
Human Resources Administration
3~20-12
EFFECTIVE DATE:
APPROVED
REPLACES
Policy 3-10-15 - Use of City-Owned Vehicles
REFERENCE
BMC 2.96 (Code of Ethics)
SCOPE
This policy shall apply to all employees of the City of Bremerton induding
employees funded by other sources.
PURPOSE
This policy is established to ensure that the expenditure of public funds for use
of city vehicles to be taken home after normal work hours is in the best
interests of the city, and to provide consistency in the way Take-Home vehicles
are assigned to and utilized by employees.
POLICY
1. The following definitions shall be made part of this policy:
. Assigned Take Home Vehicle means a city vehicle, which has been
assigned by the City to be used by a city employee for city business,
and for commuting to and from the employee's home and work site.
. Assigned Vehicle means a city vehicle that is assigned to a department
or city employee for city business during scheduled work hours. The
vehicle shall not be used by an employee for commuting to and from
the employee's home and work site.
. Emergency Response means a situation requmng the immediate
attention and presence of a city employee at a location inside or outside
the city limits for the protection oflife or property.
. Work Site means the office or work site to which a city employee
normally reports to perform scheduled work.
. Standby Duty means assigned duty during which an employee is
required to be available to respond to city emergencies or other
situations requiring their presence, and which occur prior to or after
their normal hours of work.
ll. The take-home vehicle assignment policies and criteria are enumerated as
follows:
I. Employees shall be required to sign a statement agreeing to no personal
Final Version - 5-5-05
Page 1 of3
Final Version- 5-5-05
use of assigned take-home vehicles, and/or to no personal use other
than commuting.
2. Assigned vehicles will be used exclusively for the conduct of municipal
business. Incidental personal stops may be allowed by Department
policy.
3. All employees operating City vehicles will be appropriately licensed.
4. City vehicles kept at the residence of an employee shall be locked and
secured when not in use.
5. Employees with take-home vehicles shall not perform any maintenance
on their assigned City vehicle~ on off duty time.
6. All employees will use City refueling facilities whenever practicable.
A Department HeadDepartment Director may approve the use of City
purchasing cards and/or cash for refueling ;1way from City facilities.
7. No passenger (s) other than City employees or persons under arrest
shall be allowed in a City vehicle, unless specifically authorized by the
Department HeadDepartment Director ~er-flis/her designee.
8. The City shall limit the number of city vehicles assigned as take-home
since this type of vehicle usage is an expense to the City.
9. It shall be understood that the assignment of a take-home vehicle is
neither a right nor a privilege of any city employee.
10. Take-home vehicle assignments shall be determined based upon the
necessity for primary responses to emergencies, not on merit or
employee status.
11. This policy shall not be applicable to standby duty vehicles.
12. Emergency response assignments shall be supported by a report of the
nature and number of emergency responses in the prior year by an
annual report from the Department Director. In addition, there must be
a justification of why an employee cannot use alternative forms of
transportation to respond to the emergency or to pick up a city vehicle
at its normal location.
13.The benefit of ansigning a take home vehie-Ie must be demonstrated.
-1413. To be allowed to use a city vehicle for take-home purposes, the
employee's work site shall not be more than the time limit established
by the de-partm@nt headDepartment Director. Police and/or Fire
employees who live beyond the established time/mileage limit may be
assigned a take-home vehicle at the di:::netion of the department
heaElDepartment Director.
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Final Version 5-5-05
~~ In order for the City to comply with tax reporting requirements,
employees shall furnish the Financial Services Department with the
number of commuting trips they have made on a monthly, annual or
such other schedule as the Financial Services Department determines
satisfies IRS regulations.
,:J-6-:15. If the City requires the employee to commute in the vehicle for a
valid non-compensatory business reason, the amount taxable is valued
at the rate established by the IRS ~ each way, and will be included
as part of an employee's taxable income.
1) ire c -fl:l r
+1-,-16. Written approval from the Uepartment shall include n listing of eaeh
of tile above items along with an explanation as to how the use meets
city policy,-aRd shall be submitted to the Equipment Services Division.
III. Approval
Approval for assignment of a regular take-home vehicle shall only be
given by the Department Director~ or his/her designee.
IV. Record keeping
The Equipment Services Division shall be assigned the responsibility
of maintaining the written records from each department, which justify and
approve each take-home vehicle.
V. Occasional Use
On those occasions where a City employee, on behalf of the city,
attends a meeting, training, or similar event prior to or after their normal
working hours, the Department HeadDepartrnent Director or designated
supervisor may allow the use of a city vehicle for take home. Approval in
these instances need not be written since such use is anticipated to be
infrequent.
VI. Annual Review
Each year during the budget process, the number, cost and
justifications for take home vehicles will be reviewed by the respective
Daepartments Director.
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