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HomeMy WebLinkAbout09/21/05 AGENDA FILE CITY COUNCIL 345 6th Street, Suite 603, Bremerton, WA 98337-1873 03 (360) 473-5280 SEPTEMBER 21, 2005 CITY COUNCIL MEETING AGENDA 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business B. 15-minute Executive Session to discuss "Pending Litigation per R.C.W. 42.30.110(1 )(i) 2. CALL TO ORDER: 5:30 P.M. in COMMUNITY CHAMBERS LOCATED ON FIRST FLOOR A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. PUBLIC SERVICE ANNOUNCEMENTS 5. CONSENT AGENDA A. Claims & Check Register (#AB05-21 0) B. Minutes of Meeting - September 7,2005 (#AB05-211) C. Minutes of Meeting - September 14, 2005 (#AB05-212) D. Contract Amendment with DURA COATINGS, INC. for Painting Services for the Louis Mentor Boardwalk (#AB05-213) E. Rental Agreement with Peter Voight III for Kitsap Lake House (#AB05-214) F. Interlocal Agreement with Kitsap County for Funding Assistance related to the Construction of the Skatepark (#AB05-215) G. PC Replacement Program through Washington State WSCA Contract (#AB05-216) H. Interlocal Purchasing Agreement with ISLAND COUNTY FIRE DISTRICT 1 (#AB05-217) I. Professional Services Agreement with DAVID SMITH & ASSOCIATIONS, INC. for Acquisition of Orthophotography and Aerial Mapping Services (#AB05-218) J. Extension of Professional Services Agreement with WILLIS OF SEATTLE, INC. for Insurance Broker Services Contract (#AB05-219) 6. PUBLIC HEARINGS A. Resolution No. 2979, adopting the City of Bremerton Wastewater Comprehensive Plan (#AB05-220) B. Ordinance No. 4948, vacating the northerly 850 feet of Russell Road to Oyster Bay Avenue (#AB05-221) 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 A. Resolution No. 2980, 3mending the City Council Rules & Procedures to 3110w "Telephonic /\ppe3r3nce" (#/\805 222) Item pulled... B. Sale of Fire Station 1 (#AB05-223) 8. PUBLIC RECOGNITION 9. COUNCIL MEMBER REPORTS 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING CITY COUNCIL MEETING SPEAKERS LIST PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF BREMERTON MUST BE SUBMITTED IN WRITING. THANK yOU. PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO SPEAK DURING THE COUNCIL MEETING TONIGHT k,~ \Nt>ocfLV2c} - f'JAAc-P OV\d re- - A ~p -C-A ~ . J..ofS:dtI\ - ,( " \s 0.1(' fr ~ s 0 \ v (1 f~f<x:, 0. , ~ \-l;ifYJ6 - 1132 ""'\)[ffi\~~~ '?~)ScD 11~ ~ G SA m.. -,.-..... . ..... ~, CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 03 Phone (360) 473-5280 PROCLAMATION WHEREAS, the Washington State Parent Teacher Association was founded in 1905 as an advocate for all children and youth; and WHEREAS, the Washington State PTA is a volunteer association of over 142,000 members dedicated to improving the educational opportunities and quality of life for all children and youth; and WHEREAS, the PTA's purpose is to secure for all children and youth the highest advantages in physical, mental, social, and spiritual education; and WHEREAS, membership in the local units of the Washington State PTA provides opportunities for parents, teachers, students, and all citizens concerned abut the future of our state to contribute to the development and education of our youth; and WHEREAS, all citizens of the State of Washington should become better informed on the over-all program, requirements, and plans for the children in each school community; and WHEREAS, the month of September has been designated as PTA Membership Month by the Washington State PTA to secure new members throughout the year to strengthen the association; and NOW, THEREFORE, be it resolved that I, Daren Nygren, President of the Bremerton City Council, do hereby proclaim the Month of September, 2005 as PTA MEMBERSHIP MONTH in Washington State and encourage our citizens to applaud the work of the PTAs across this state and join with them in their work for children and youth. SIGNED this 20th day of September, 2005. j)~ Daren Nygren, President Bremerton City Council "m".~" .. ~ ' . CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 03 Phone (360) 473-5280 PROCLAMATION WHEREAS, Children in the U.S. today are less fit than tliey were a generation ago and show early signs of cardiovascular disease such as weight gain, high serum cholesterol, high blood pressure, and increase in prevalence of Type II diabetes; and WHEREAS, the prevalence of obesity in Washington State has doubled in the last decade; and WHEREAS, regular physical activity, lowers your risk of developing or dying from heart disease, diabetes, high blood pressure, stroke and cancer; and WHEREAS, the Center for Disease Control's - National Healthy People 2010 objectives call for an increase in worksites offering employer-sponsored physical activity and fitness programs; and NOW THEREFORE, I, Daren Nygren, President of the Bremerton City Council recognize that the "Walk Across Washington", October 9 through 15, is taking important steps towards creating healthy communities and so hereby proclaim October 12th as Walk AcrossW ashington Day in the City of Bremerton And I urge all citizens of the community to join me in this endeavor to promote physical activity for individuals and communities. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City f Bremerton to be affixed this 21 sl day of September, 2005. I I :R~!.i~ Bremerton City Council DATE SUBMITTED: BILL# {)~-;? /0 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SA ........................................................................................ SUBJECT: Claim & Checks Register Approval Committee Meeting Date: COUNCIL MEETING Date: '7-;2/~o S- Department: Financial Services Presenter: Cathy Johnson Phone: SUMMARY: ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DlRECTOR: CITY ATTORNEY: FINANCE DlRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: y~ I~A ~ RECOMMENDED MOTION: Move to approve: CONSENT AGENDA [g] 1) Check #'s 3:X<6?(P to 302 ~2 9 EFT's ~S-79---ps:}r7 $ ft,s-9tJac;..7Q 2) Regular Payroll for $ 3) Retiree Payroll for $ COUNCIL ACTION: ~ o Deny o Table o Continue ., 0 No Action DATE SUBMITTED: q/'8/05 AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL#05 - ~ If 5B ........................................................................................ Committee Meeting Date: N/ A COUNCIL MEETING Date: 9/.;2.1/ () S- Department: " ctty Council Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held .sep+e~er ~ 2005. SUBJECT: Minutes of Meeting - 5~te.m..be.r- 7( 2.005 ATTACHMENTS: Minutes for Sept'~ 7, J-ooS FISCAL IMPACTS (Include Budgeted Amount): 0 APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: CONSENT AGENDA rgJ ~~ RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, September 7,2005 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, September 7, 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 Members Wendy Priest and Carol Arends were absent. Also present were City Attorney Roger Lubovich and Council Assistant Christine Grenier. The Pledge of Allegiance was led by Council Member Cecil McConnell followed by the invocation provided by Council Member Dianne Robinson. President Nyaren announced that a Pre-Council session was held in Council Conference Room 603 from 5:00 to 5:30 P.M. MAYOR'S REPORT . Announced that Police Chief Rob Forbes will be retiring after 25 years of service and he has appointed Captain Craia Roaers as Interim Police Chief; . Thanked Council Members Mike Shepherd and Dianne Robinson for their efforts in organizing local service groups and churches to help Hurricane Katrina victims; . Presented an Outstanding Employee Service Award to Matthew Keouah for his work as a Growth Planner in the Community Development Department, and wished him well in his new position at Kitsap Community Resources; and . Presented the Mayor's Appreciation Award to Boston's Deli & Pizza and commended owners Don and Cheryl Stauff for raising $7,400 over Labor Day Weekend to benefit victims of Hurricane Katrina. PUBLIC SERVICE ANNOUNCEMENTS Mr. Shepherd presented the City Pride Award for the Month of August 2005 to Marie Almerol of the 900 block of Cogean Avenue. President Nyaren presented a Proclamation for the Week of September 17 - 23, 2005 as "Constitution Week", which was accepted by Barbara Simmons of the Elizabeth Ellington Chapter of the Daughters of the American Revolution. Ms. Robinson presented a Proclamation for the Month of September 2005 as "Community Health Care Awareness Month", which was accepted by Gwendolyn Shepherd, Health Care Committee Chairperson for the Bremerton Branch of NAACP. Ray Roaers, President of the Bremerton Branch of NAACP thanked the Council for the proclamation; announced that there will be a Parents' Fair in the fall; and hoped to provide support to the community both in service assistance and education. CONSENT AGENDA A. Check Numbers 30247 through 302466; EFT-8558 through EFT-8560; EFT-8562 through EFT- 8563; and 8561 P in the amount of $3,049,731.52; and Regular Payroll for the pay period ending August 15, 2005 in the amount of $679,387.45 (#AB05-202) B. Minutes of Meeting - August 31,2005 (#AB05-203) C. Professional Services Agreement with PARAMETRIX, INC. for Environmental Assessments of Charleston Beach Road segment of the SR 304 Project (#AB05-204) D. Resolution No. 2978, authorizing use of the General Contractor/Construction Manager Alternative Public Works Procedure pursuant to Chapter 39.10 of the RCW for the Bremerton Harborside Park/Building 50 Renovation/Memorial Plaza Project (#AB05-205) City Council Reg. Mtg. Minutes Wednesday, September 7,2005 Page 2 of 6 President Nygren offered an opportunity to the public to comment on these items prior to the vote. There were no comments from the public. 5:50:55 M/S/C/U (Short/Maupin) Move to approve the Consent Agenda as presented. 6A - PUBLIC HEARING & ORDINANCE NO. 4946 ADOPTING AMENDMENTS TO BREMERTON MUNICIPAL CODE (BMC) TITLE 20 "ZONING CODE" PERTAINING TO PARKING, LANDSCAPING, SIGNS, AND TEN ZONING DISTRICT CLASSIFICATIONS (#AB05.206): Chris Hugo, Director of Community Development explained that the proposed ordinance enacts the fourth of five "packages" of new section so the zoning code to implement the 2004 Comprehensive Plan. The proposed new BMC Chapters include standards for Parking, Landscaping and Signs, and administrative chapters for Text Amendments, Non-Conforming Uses, and Types of Land Use Permits. Ten Zoning Classification chapters for downtown, residential, industrial, city utility lands, and watershed areas are also included. The enactment of development regulations consisteflt with the 2004 Comprehensive Plan is necessary to maintain compliance with the State Growth Management Act. Mr. Hugo clarified that changes were made to address parking in front yard setbacks 20.48.060(e) and in driveways 20.48.060(g)(1), and asked that those changes be incorporated into the ordinance. Mr. NYQren thanked staff and Planning Commission members for there long hours spent working on updating the zoning code. Helen Miller asked for clarification on parking restrictions in residential areas. Mr. Hugo responded that parking would be allowed on paved or partially paved surfaces. Mr. Short stated that many driveways are not paved and was concerned that people would not be able to comply with the proposed requirements. Mr. HUQO answered that the provision would only apply to redevelopment or new construction, not to current homes. Mr. Shepherd expressed interest in holding future discussions on impervious surfaces as it related to residential parking. Mr. NYQren pointed out that the Kitsap Home Builders Association will be addressing the impervious surface issue. Mr. Gehring expressed his concern over restriction of use in back yard parking. Mr. Maupin asked for clarification on "hard" surfaces. Mr. Hugo stated that hard surfaces include paved surfaces. Mr. Short discussed his concerns over the section outlining non-conforming structures; and questioned if someone lost their residence in a natural disaster, would the individual be able to rebuild that structure. Robert Grumbach, Community Development answered that the non-conforming structure could be rebuilt with the proper permits but the structure would need to meet current standards and requirements. Mr. Short also asked for further clarification on walls. Mr. Hugo stated that the language came from previous discussions and included alternatives to building solid walls such as arbors or vegetative walls. Mr. Shepherd asked if there will be opportunities to make further changes in the zoning code. Mr. Hugo answered that any remaining revisions will be presented in the next package. The Planning Commission will be reviewing each of the packages and any comments to incorporate any further amendments. Mr. Shepherd also expressed concerns of storage of garbage and indicated that the issue needs to be addressed before a project is built so the problem does not happen in the first place; mentioned that there is no opportunity to address replacement of accessory garages; and requested further clarification on conditional use process. Mr. Hugo answered that the individual would need to come in and apply for a building permit. City Council Reg. Mtg. Minutes Wednesday, September 7,2005 Page 3 of 6 Mr. McConnell pointed out a language discrepancy regarding the ratio of parking availability and demand. Mr. Huao stated that some code has been carried forward and there have been no issues, but the language will be reviewed. Mr. Nvaren reminded Council Members that there would be an opportunity to suggest or make changes to the zoning code prior to final passage. Mr. McConnell asked for clarification on limiting sign use as posted on buses or personal vehicles, and was concerned that the practice would discourage business development in Bremerton. Mr. Hugo suggested that an amendment could be made to address that issue. 6: 21 :05 Main Motion was made, and seconded but discussion continued... A "friendly amendment" was made by the maker of the Motion, but was not agreed to by the seconder... Council Members continued to discuss problems they have encountered with political signs, as well as their support for the use of signs on vehicles for transporting goods and services or employees and expressed their opinion for incorporating that change into the ordinance... 6:33:22 Amendment to Motion M/S/C (McConnell/Gehring) Move to remove 20.52.050(b) "Signs placed or painted on any motor vehicle or trailer which is not routinely used to transport or provide the goods or services being advertised". Voted in favor of Motion: McConnell, Shepherd, Robinson, Gehring Voted opposed to Motion: Maupin, Short, Nygren Amending-Motion carried; 4-Yes; 3-No 6:34:20 M/S/C/U (Short/Maupin) Move to pass Ordinance No. 4946 as amended, adopting amendments to BMC Title 20 Zoning Code pertaining to parking, landscaping, signs, and ten zoning district classifications. 7 A - PUBLIC SAFETY BOND ISSUE - PROFESSIONAL SERVICES AGREEMENT WITH ARAI JACKSON ARCHITECTS FOR POLICE DEPARTMENT (BURWELL SITE) AND MUNICIPAL COURT (17TH AND WARREN) DESIGN (#AB05.187): Garv Sexton, Director of Economic Development stated that the City previously entered into a contract hiring Arai Jackson Ellison Murakami as architects for the Police/Courts facilities design development. The recommended design and site developments are the Kitsap Credit Union on Burwell for the Police facility, and the 1 ih & Warren Avenue CenCom site for the Courts. The architectural agreement retains ARAI JACKSON ARCHITECTS for design development at these two sites. Mr. Sexton encouraged Council to approve this agreement to move the process of relocating police and courts forward. There were no comments from the public. Mr. Shepherd recommended that a timeline be formed to address the relocation of the Court. Mr. McConnell asked Judge Doctor if he would support separating the court relocation with respect to the contract. Judge Doctor responded that he would support removing courts from this portion of the contract if indeed the Court Relocation Committee would select an adequate site, and that adequate funding would be available for relocation. Mr. McConnell asked for assurance that if the court portion of the contract is separated, there would be enough money to relocate the courts. Mr. Sexton, explained that there would be sufficient funds but the amount would vary depending upon the project... whether it included a remodel of a building or was new construction. He stated that approximately $970,000 is available from the bond proceeds to support relocation of police and courts. City Council Reg. Mtg. Minutes Wednesday, September 7,2005 Page 4 of 6 Mr. GehrinQ indicated that the Court Relocation Committee has looked closely at possible sites and would like to see all options discussed to come to the right decision that best benefits the citizens and the court system. Mr. Short stated that the discussion as part of the Court Relocation Committee regarding the Burwell site initially did not involve representatives from the police or courts; and asked if there is sufficient money for new construction or remodel. Mr. Sexton answered probably not for a new facility, but for a remodel, and that includes the fees paid to the architects for design. Mr. Short asked about the additional cost for new construction. Mr. Sexton stated that the additional costs would be about $50,000 which would accommodate any changes to the site. Mr. Short emphasized that it is the Council's intent to locate the Courts in a suitable location. Mr. Maupin hoped that the courts and the community would be better served by locating courts in a different location other than the CenCom location. Mr. Shepherd commented on rising costs of land. Mr. Sexton responded that current projections include construction costs and have not been factored in land costs. Ms. Robinson offered her support for the amendment and hoped that by doing so Council could keep their promise to Courts to put the department in the right location. Mr. NVQren summarized that there is less of a time constraint to relocate Courts since the sale of the old City Hall has not proceeded. 6:57:22 M/S/C/U (McConnell/Gehring) Move to approve the Professional Services Agreement with ARAI JACKSON ARCHITECTS for the new police station as amended to remove the court and reduce the contract amount to $173,000 and further to authorize the Mayor to finalize and execute the amended contract. 7B - PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF BREMERTON AND CHEVRON U.S.A.. INC. REGARDING ACQUISITION OF REAL PROPERTY ADJACENT TO EVERGREEN PARK (#AB05-207): Gary Sexton, Director of Economic Development, pointed out that the proposed purchase and sale agreement related to the acquisition of 1.5 acres of land adjacent to Evergreen Park form Chevron U.S.A. Inc. The purchase price is $100.00. The City shall assume environmental responsibilities relating to identified hazardous substances located at, on, and/or under the property as outlined in the Agreement. Mr. Shepherd excused himself from the discussion due to a potential conflict of interest. Don Larson provided historical background information relative to shoreline clean-ups at Evergreen Park; recommended moving forward with environmental mitigation of the property, and added that planting trees and capping the property would be good options for mitigation. Mr. Short supported the purchase to further parks development; but expressed concerns over the liability associated with site. Mr. McConnell expressed concerns over the City assuming liability which could result in possible claims for property damage or personal injury and could be costs that the City could not handle. He emphasized that if there is damage being caused now then Chevron should address those issues now. Mr. Maupin believed that acquiring the property and the possible boardwalk extension would be a huge benefit to the City, and that the value of the property far exceeds the risk associated with the property. City Council Reg. Mtg. Minutes Wednesday, September 7,2005 Page 5 of 6 Ms. Robinson did not believe that purchasing the property is necessary at this time. Mr. McConnell did not support the purchase due to the risk involved that may involve a great deal of the tax payers' money to deal with lawsuits and mitigation. Mr. NYQren emphasized that a funding source has been identified to help with mitigation and therefore, may choose to support this purchase. 7:16:15 M/S/C/U (Maupin/Short) Move to continue this issue to a month from now. Due to the length of items heard, President Nygren moved PUBLIC RECOGNITION to be heard prior to continuing GENERAL BUSINESS... PUBLIC RECOGNITION Barbara Payton announced that the NAACP will be hosting a Health Fair on Saturday, September 24 from 1 0:00 AM to 2:00 PM at the Norm Dicks Government Center. People may contact Gwendolyn Shepherd at (360) 405-1450 or (360) 437-8039 for more information. Don Larson announced that 15th Annual Sinclair Inlet Clean-Up will be held on Saturday, September 17 from 11:00 AM to 2:00 PM. Volunteers will meet at the Boardwalk by the Harborside parking garage and free parking will be available. He also mentioned that the recent project completed by Andrew Owen by the Warren Avenue Bridge will need a maintenance plan. Mike Eliason Government Affairs Director for KITSAP COUNTY ASSOCIATION OF REALTORS, thanked Planning Commission members for including the members in the stakeholders process for the zoning update; thanked Council Members Gehring and McConnell for attending the Governor's Conference; and looked forward to City Clerk's Paula Johnston's return. 7C - ORDINANCE NO. 4947 RELATING TO CITY OF BREMERTON'S FY2005 ANNUAL BUDGET (#AB05-208l: Laura Lyon, Director of Financial Services, mentioned that the Bremerton City Council adopted the 2005 Annual City Budget by Ordinance No. 4921 on December 8, 2004. Certain programs have been implemented and actions taken during the year which have an impact on the City's 2005 budget resulting in the need to amend the 2005 budget document. The Council recessed at 7:28 PM for a taping break and reconvened at 7:31 PM. There were no comments from the public. Council Members thanked Laura Lyon for her efforts in clarifying mid-year adjustments as well as improving the actual process; and Finance staff for their hard work on the budget. President Nygren also thanked Mr. Maupin for his leadership on the Fiscal & Budget Committee. 7:36:50 M/S/C/U (McConnell/Robinson) Move to approve Ordinance No. 4947 amending Ordinance No. 4921 relating to the City of Bremerton's 2005 Annual Budget. COUNCIL MEMBER REPORTS Brad GehrinQ wished both Chief Rob Forbes and Matt Keough well in their future endeavors; announced the 9-11 Memorial on September 10th beginning at 6:00 P.M. at Lions Field; and mentioned that an Emergency Management Plan is being considered for the City in light of current natural tragedies. Lastly, he wished his wife Patsy a 'Happy 26th Anniversary'. Cecil McConnell expressed concerns over repeated road closures during festivals or activities and hoped that street closures could be rotated so the same businesses would not be affected. He also reported on his attendance at the Governor's Forum and thanked Mr. Eliason for inviting him. City Council Reg. Mtg. Minutes Wednesday, September 7,2005 Page 6 of 6 Mike Shepherd enjoyed the Blackberry Festival, but added that he too agreed that parking and access issues need to be addressed; and provided information on a Big Band Concert to be held at the Admiral Theatre on Friday, September 9. Dianne Robinson thanked KITSAP COMMUNITY RESOURCES for providing backpacks to families from Anderson Cove; and reiterated that the Health Fair will be on Saturday, September 24 from 10:00 AM to 2:00 PM at the Norm Dicks Government Center, which will focus on minority health care, diabetes, and high blood pressure. Will Maupin thanked Chief Forbes for his 25 years of service, and thanked Matt Keough for his work on the Shaping Bremerton process as well as the Comprehensive Plan which will guide the community for years. He reported on his attendance at the Puget Sound Regional Council Growth Management Board and is interested in the discussion on the "2040 Plan" which will include Council Members and Mayors from all around Puget Sound. Mike Short also enjoyed the Blackberry Festival and hopes to see vendors spread out in future years to allow better flow of visitors especially families with young children and hopes to have parking costs addressed prior to next year's festival; stated that he will miss Chief Forbes and thanked Matt Keogh for his professionalism in working with Council; and mentioned that the legislature will soon address the issue of government's role in the land takings process. Daren Nyqren hoped that Council Member Carol Arends will make a speedy recovery and return soon; and thanked BKA T volunteers for the time they have committed to making sure the meetings are aired. With no further business, the meeting of the City Council was adjourned at 7:52 P.M. Pregared and Submitted by: ~~. CHRISTINE GRENIER 1 Council Assistant Attest: PAULA JOHNSTON, City Clerk DAREN NYGREN, City Council President DN/PJ/ls/cge DATE SUBMITTED: q / I S" /05 BILL# 05 -,;1./ ~ AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5C ........................................................................................ SUBJECT: Minutes of Meeting - 5e..pfem'oe.r- /4 , 2.005 Committee Meeting Date: COUNCIL MEETING Date: Department: . Presenter: N/A q/~( /05 City Council Daren Nygren, Council President (360) 473-5280 Phone: SUMMARY: Attached are the minutes for the Council Meeting held S~teW\6er 14, 2005. ATTACHMENTS: Minutes for S.epT.e.Mber {4-. 2.005 FISCAL IMPACTS (Include Budgeted Amount): 0 APPROV ALS: DEP ARTMENT 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 ADDfove n Denv n Table n Continue n No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, September 14, 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, September 14, 2005, at 5:30 PM, with Council President Daren Nygren presiding. Council members present were Mike Short, Will Maupin, Mike Shepherd, Cecil McConnell, and Brad Gehring. Council Members Wendy Priest, Dianne Robinson, and Carol Arends were absent. 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 Pastor Rick Beaudry of Calvary Chapel. President Nyqren announced that a Pre-Council session was held in Council Conference Room 603 from 5:00 to 5:30 P.M.; which included a 15-minute Executive Session to discuss a "Real Estate Acquisition" per RCW 42.30.110(1 )(b). PUBLIC SERVICE ANNOUNCEMENTS President Nyqren proclaimed the Week of September 18 - 24, 2005 as National Elder and Adult Day Services Week and the proclamation was accepted by Rhonda Marsh, Executive Director of Elder and Adult Day Services. On behalf of President Nyqren, Council Member Brad Gehrinq Proclaimed September 16,2005 as Prisoner of War and Missing in Action Remembrance Day, and the proclamation was accepted by Gerald Crowley of Veterans of Foreign Wars. Mr. Crowley invited the Council and members of the public to attend the "National POW & MIA Night" event to be held on Friday, September 16 beginning at 6:00 P.M. at the V.F.W. Post 239 located at 190 S. Dora. CONSENT AGENDA A. Check Numbers 302467 through 302635; EFT-8564 through EFT-8574; EFT-8576 through EFT- 8578; and 8575P in the amount of $936,759.20; and Regular Payroll for the pay period ending August 31,2005 in the amount of $698,245.97 (#AB05-209) , President Nyqren offered an opportunity to the public to comment on these items. There were no comments from the public. 5:42:15 M/S/C/U (McConnell/Short) Move to approve the Consent Agenda as presented. With no further business, the meeting of the City Council was adjourned at 5:43 P.M. The Council reconvened in the Council Conference Room 603 for a STUDY SESSION to hear presentations on upcoming agenda items. L RI SMITH Legislative Assistant Attest: PAULA JOHNSTON, City Clerk DAREN NYGREN, City Council President DN/PJ/ls/cge DATE SUBMITTED: BILL # 05 -.:213 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5D ........................................................................................ SUBJECT: Amendment to contract for painting services for the Mentor Boardwalk Committee Meeting Date: September 14, 2005 COUNCIL MEETING Date: September 21, 2005 Department: Econ Development Presenter: Gary Sexton/Roger Lubovich Phone: 473-5282 SUMMARY: The City contracted with Dura Coatings, Inc. in the amount of$19,439.40 to paint the guard rails on the Mentor Boardwalk. Subsequent to the original bid, the scope of services was changed resulting in an amendment to the contract in the amount of$11,141.71. Because the total contract amount with the amendment now exceeds $25,000.00, council approval is required at this time. ATTACHMENTS: Original bid and amendment FISCAL IMPACTS (Include Budgeted Amount): $11,141.71 additional contract amount which is budgeted in the conference center budget. APPROVALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: CONSENT AGENDA ~ FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: To approve the amendment to contract with Dura Coatings, Inc. in the amount of$11,141.71 for a total contract amount amount of $30,581.11. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action CITY OF BREMERTON PURCHAS'E R:EQ,UISI"lON THIS IS NOTA PURCHASE ORDER S~~~A~'J;WNr;!NG .".,f'fJ!:!.~q,,.,,;,~~€_~~tr.!!,!]!C.., MARK FOR ". AUTHORIZED By....""....,,,,,,,.., (LQCATIONl {lNOlVIOUA~) DATE" ft,~..'K'.,:lt5.,_".",.,,,,,,.__,_,,.,,.,_,...,,, (DEl"AffIMENT HtOAOl P.o. # ".'~'"'' (ASSIGN!;!) BY PURCHASING! Da>t) I ,lvll>OHTAI~ I ;';P[ 'If-)Y SiZf~ COLOR, ~'~ciGH, 1.1FG IBHANDiPUBLlsHER APPLICABLE . , - ----6UAN ' ITEM UNITS ORIJEREO DESCRIPTION -~_._.;....-' -, -'--~.._- _"""."m'''''.'.,.,'''''',vJft.,~fj~,qMr~~J~,;2~T!Q!JS., ''''''',''', """"""'''' INTENDED USE UNIT PRICE TOTAL PRICE .w'" ..., ':RIL..l J.,U,.~t...",;,,,,,,.,._,.,,,,,,,,,,..,,,,.,,,.,,.. ,., ".."'....",..,',, ..,..,.,.,,,,,,,'.....,,,.... ,_,~EJ!-~~~~_,,,.:~~~,{.'1A:IAlr,,,. ...,.''',,, I 'O.tJ.!!- ~ ,-.---",-.---'.'.' ,,,,,,-t-'OGt ... """,. ,,,,,,,,,,,,,.','''''' """";?OO,,,.., '",,, ", ""~,~,~[ .,/.,9' ~.~.~._i?l~~~~~~iiF]1!f'~~i:iiN:f AMOUNT ----.----.-.'""".........'-..- ...........-.-."""" -'-~"'. --'-- . '."""'""''''_''o'J<~'..~"",__-..-.....~_-,,-_.,... SUGGESTED VENDOR ,)~/'-A'i, 8'-1~.72 -........-.--....- _........-._,.o._'..---.....__........__._..."!t=__ .,.-"."..,.",__ _....--..-__.,__.-...._-__u....~,~,.....\,_,___,...,.,.~__........"._.....,._,__..~.._"'_'___._,.,......_'-...._.......~:.:.. .~.(!1l~~?L_ PURCHASING DEPARTMENT,."",,,"",,,,,. DATE., ,.u ' GO 3':Md \1H:)~] >1 09E:9U v0'3:=:: 1 E1:11 900G/vl/50 ent by: DURA COATINGS . 425. 513 1967; 02/15/05 11;-~AM;J~#314;PagB 2/7 ,DURA COATINGS~JNC. 6700 HA.RPti-$ON RD. # 101 EVERElT, WA 98203 Pk#4Z&3A7-7776*.FX#42&5t~19Q7 QUOTATION OATE: 2./15/2,005 *.*.*.*...._._*~~.~w~.***~***~*~WJ~Wi~***ww~~W~WN.~.~._~~..*......~~ww***ww.****.~*~W**** ~::::::- .~ COMPANY NAME ADDRESS CITY 1 STATE Be ZlP P'HONE# FAA# City of Bremerton ,__.,,"'~ 345~Bth s1 Bremerton, Wa. 98F37 AnN: GARY SEXTON _ III WE ARE PLEASED TO SUBMIT THE I:'OLL.OWING 8'0: JOfi DItSCRIPTION: Sand~la~t !,Jndl!!:t'ooat and top coat a~ per 'pooifJcatlon' I DESCRIPTION -----<I"'" Water Front Rail Sections .........-.... 10. ~ Ill! Transport QUANTITY PRICE: 11~_ 1 , TOTAL $150.00 $~Q!tP.Q ~ $17.400.00 ~"-"""'-"_'1.&tIi_t''-~. $500.00 $0.00 ~,~'"" ._~ "~a.oo i9.:QQ $0-00 $O.Q,Q $0.0,2 $0.00 $0.00 $0.00 $0.00 $1,539.40 $19,439.40 Tax 8.6% 1 $1 ,63~.19 ~_ C"'la~ Autholl<<dlon ~1:/>rir1Y' ~ _ LV [/LY~.J ')-} efJ (-t~"~ ~h ~~ tl~ .A, - "'j Upon ~i9ning customer1grees #i1It'feJrmK, pl'll:ie a1td conditrons~~ TOTAL. PRlCEVAUDfOR~O DAYS EO 3t.:IV'd V'H~:x::r>j OS8SEL V 0':3 E 1 E1:11 S003!V1!50 DATE SUBMITIED: September 1,2005 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 1~ 05 -~I4- 5'f ...............-............................................................................. SUBJECT: Kitsap Lake House Rental Agreement Committee Meeting Date: September 14,2005 COUNCIL MEETING Date: . September 21,2005 Department: Parks & Recreation Presenter: Jodi Wroblewski Phone: 473-5429 SUMMARY: On August 1,2005, the Kitsap Lake house became vacant. We are interested in insuring that a City employee occupy the house to keep an eye on the adjoining park property. Following the City's policy for the "Selection of Tenants - City Owned Residential Rental Property" (Financial Policy 1-20-06), the Finance Department advertised the vacancy and accepted rental applications from interested City employees. A Parks & Recreation employee had applied, but withdrew his application. City employee, Peter Voight Ill, was drawn from the list of two City employees who applied. ATTACHMENTS: 1. City Finance Policy 1-20-06 (Selection of Tenants - City Owned Residential Rental Property) 2. Rental Agreement 3. Remer J.R.fermatioB FISCAL IMPACTS (Include Budgeted Amount): The rent from this property is budgeted in the 2005 budget. Impact to staff, operations and maintenance is minimal. f\ APPROVALS: .) f\',\ PARKS & REC. DIRECTOR: ,J~,- \) ~)~-- :~i:~=C~OR ~ 1/1 \'/~' ;/ L-_~A~~,~ .~~. FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: CONSENT AGEND~ RECOMMENDED MOTION: I move to approve and authorize the Mayor to enter into a Rental Agreement for the Kitsap Lake house with Peter Voight IlL COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action '\ " INDEX Property/Assets 1-20-06 EFFECTIVE DATE: 6/24/98 REVISED DATE: APPROVED ,~ ,4. -dvL POLICY The City owns several residential homes abutting parks and pump stations. Leasing these homes to City employees and requiring security and maintenance of the premises is in the best interest of the City. It is the City's intent to establish a consistent method for renting City owned residential property to City Employees. PROCEDURE 1. When a City owned house becomes available, the responsible Department Director will inform the Director of Administrative Services. 2. The Director of Administrative Services will prepare a memo to all departments advising of the rental availability, summarizing specific information about the property and defining any maintenance or security requirements. A closing date for response by interested candidates will ,also be specified. 3. Interested City employees will forward their names to the Administrative Services Director, who in turn will forward a list to the responsible Director. 4. Employees working within a Department that owns or manages the property will be given preference over other candidates. 5. If there is more than one interested/acceptable employee in the Department that owns or manages the property, the renter will be determined by lottery by the Director in the presence of the interested candidates. 6. If there are no interested/acceptable employees from the Department that owns or manages the property, the remaining listed employees will be reviewed by the responsible Director. Those detennined to be acceptable will be placed in a pool. The renter will then be picked by the responsible Director in the presence of the Administrative Services Director. 1 RESIDENTIAL RENT ALPOL RENTAL AGREEMENT This RENTAL AGREEMENT is entered into and signed on [Date}. Whereas the City of Bremerton (Owner and/or Landlord) leases to Peter Voh!ht III jointly and severally, herein, referred to as "Tenant". Tenant hereby leases from Owner, the "Premises" located at 1978 Price Road, Bremerton, W A 98312, County of Kitsap, State of Washington, upon the following terms and conditions: 1. TERM: A. Term: The term of this Lease shall be a month to month tenancy commencing on 10/01/05. At the conclusion of this stated lease term, written notice of termination is required by either party at least twenty (20) days prior to the beginning of the next rental period with a full month of rent due and payable in advance on the first of each and every month thereafter with all other terms and conditions remaining the same. B. Holding Over: In the event that Tenant, for any reason, shall hold-over possession of the premises following the expiration of the lease, or any extensions thereof, such holding over shall not be deemed to operate as a renewal or extension of this lease, but shall only create a tenancy from month-to-month whereby all terms and conditions of this lease shall apply. Tenancy may be terminated at the will of either party upon twenty (20) days notice prior to the next rental due date. 2. RENT: The monthly rent is $700.00 payable on or before the first (1st) day of each month for the term of the agreement, except that the first month of rent shall be paid prior to the first day of the lease term. Rent for any period which is less than one (1) month shall receive a prorated portion of the stated rent based on a thirty (30) day month. Should the first (1 st) month require a pro-ration, it will be calculated and paid in the second (2nd) month, with the first (1 st) month being a full rental payment. Rent is to be received and made payable to Owner's at: See #28 - Additional Terms or to such other designated person as Owner may, in writing, direct. Payment shall be made by a single Personal Check, Cashiers Check, or Money Order. CASH PAYMENTS WILL NOT BE ACCEPTED. 3. LATE RENT: Rent received after the first (1st) day of each month shall be considered delinquent. There will be a late fee of $75.00 (seventy-five dollars), plus $10.00 (ten dollars) per day late charge for any rent payment received after the Fifth (5th) day of the month. A grace period of two (2) days may be allowed without penalty provided previous arrangements are made with the landlord. 9/15/2005 Page 1 of 11 4. FAILURE TO PAY RENT: If Tenant fails to pay rent, it will result in service of a Notice of Eviction. If rent is not received within three (3) days of eviction notice, Tenant will be guilty of unlawful detainer and subject to eviction as provided by law. Acceptance of partial payment of rent is not waiver of any Notice of Eviction served. 5. NON-SUFFICIENT FUNDS (NSF): If any check tendered by Tenant is returned due to insufficient funds, Tenant shall immediately replace check with a Cashiers Check or Money Order and pay a fee of $30.00 (thirty dollars) for the first offense, and $50.00 (fifty dollars) for any repeat offense. Non-sufficient funds not replaced by the fifth (5th) day of the month will additionally be considered late, regardless of the date funds were originally tendered and be subject to late charge procedures and fees as outlined in section 3 (three) ofthis Lease. Tenant further agrees to remit all future rent payments in the form of a Cashiers Check or Money Order unless otherwise waived by Owner in writing. 6. USE: It is agreed that the premises are rented for the sole occupancy by no more than! (one) adults, each of whom must execute this Lease Agreement jointly and severally as "Tenant", and Q minors consisting of: N/A [Names]. Additional occupants are strictly prohibited except by written consent of Landlord. Tenant hereby agrees not to sublet the whole or any part of the premises, nor assign this Agreement, or any interest therein, without the written consent of the Landlord. Tenant agrees to conform to municipal, county and state codes, statues, ordinances and regulations concerning the use and occupation of said premises. The premises shall be used solely for residential (non-business) purposes. 7. SECURITY, DAMAGE & CLEANING DEPOSIT: Tenant agrees to deposit an amount equal to $ 350.00 to be held as a security, damage and cleaning deposit payable upon the execution of this agreement (such funds are not to be used by Tenant as a last months rent payment). Tenant acknowledges receipt of an inspection form to be completed at the time of move-in. The security, damage and cleaning deposit sum shall be deposited by the Landlord into a trust account with . Any interest paid on said deposit shall be in favor of the Landlord. Said deposit shall be returned to Tenant upon termination of the tenancy and only upon the Tenant meeting the following conditions: A. Tenant shall have cleaned and restored the premises to its condition at the commencement of the tenancy (normal wear excepted) as evidenced by the Property Condition Report signed by the Tenant prior to occupancy. A charge of $ 35.00 per hour will be made for any time required to clean the rental unit after it is vacated. B. Tenant shall have maintained keys and return to Landlord all keys provided during the tenancy. Tenant(s) understand and agree that rent will continue to accrue and will be charged until Tenant returns keys to Landlord. C. Tenant shall have repaired any damage to the premises, furnishings, or equipment, caused by him/her, family or guests, and replaced any lost, missing, or damaged items or equipment provided during tenancy. A charge will be made for the cost 9/15/2005 Page 2 of 11 of restoring the rental unit to its original condition for any damages incurred during this tenancy (normal wear excepted). D. Tenant shall have complied with all terms and conditions of this Agreement and the Residential Landlord-Tenant Act (RCW 59.18 et seq). E. Tenant shall occupy the premises for N/A months or longer (specified above). Rental rates are based on long term occupancy, and should the resident vacate the premises prior to the above termination date, the entire deposit will be forfeited, and Tenant may be held liable for the remainder of rents until the lease period is up, or until the residence is re-rented, whichever occurs first. A charge (as allowed by Washington Law) will be made for failure to give proper notice (20- days written notice prior to end of rental period). F. Any unpaid rent, penalties, or late charges will be deducted from the Security, Damage & Cleaning Deposit by the Landlord. Landlord will use the Security, Damage & Cleaning deposit at the termination of this lease: 1. To pay the cost of any charges owed by Tenant at the termination of this lease. 2. To reimburse the cost of repairing any intentional or negligent damages to the dwelling unit caused by Tenant, household members or guests. The deposit may not be used to pay rent or other charges while Tenant occupies the dwelling unit. No refund of the deposit will be made until Tenant has vacated, and the dwelling unit has been inspected by the Landlord. The Landlord or agent agrees to refund any monies due Tenant, subject to the terms laid out herein to his/her last known address within 14 days of termination of the Lease and vacation of the premises, or if the Tenant abandons the premises, within 14 days after the Landlord learns of the abandonment. The Landlord shall give a full and specific statement for any funds withheld, together with the payment of any refund due the Tenant under the Terms and Conditions of the Lease. The Landlord complies with this requirement if the statement or payment or both are deposited in the United States mail addressed with first-class postage pre-paid to the Tenant's last known address or delivered personally to Tenant. If correspondence is returned to sender because Tenant failed to provide a forwarding address, the Landlord provided a good-faith effort and is not further responsible for attempting to furnish money or statement to Tenant. Should any check, funds, or fees be deemed uncollectible from Tenant, a collection/processing fee may be assessed by Landlord of up to twice the amount due, and account may be turned over to a collection agency, or pursued by other legal means. Landlord's withholding of any portion of said Security, Damage & Cleaning deposit does not constitute a waiver of any claim for amounts in excess of said deposit for Tenant's breach of any of the conditions described herein. 8. LEASE BREAK OBLIGATIONS: If Tenant abandons the tenancy prior to the expiration of the Lease and fails to perform its obligations, Tenant will continue to be responsible for: 1) all rent accrued during the period necessary to re-rent the premises at a fair rental value.; 2) the difference between such fair rental and the agreed rent; 3) actual costs incurred by Owner in re-renting the premises, including without limitation any utility charges, advertising costs, and a re-leasing fee on the agreed amount of $50.00 9/15/2005 Page 3 of11 (fifty dollars) per month of the remaining term of the lease; 4) statutory costs and reasonable attorney's fees. 9. NON-REFUNDABLE FEE: Tenant has deposited a non-refundable fee in the amount of$ N/A. for the following stated purposes: N/A 10. ACCEPTANCE: Tenant will examine the rental premises, furniture, and equipment, if any therein, and will complete and return to Landlord within two (2) business days, a Property Condition Report, accepting said premises, furniture, and equipment in their present condition and agrees to keep them at all times in as good order and condition as the same are now in (as set forth in the Property Condition Report), or may be putby landlord. Ordinary wear resulting from careful usage, and damage by the elements without fault on the part of Tenant alone excepted. This provision shall not be construed as a waiver by Tenant of his/her legal rights. 11. LIABILITY: Tenant agrees not to hold landlord or his agent liable in any manner for or on account of any loss or damage to tenant's personal property, or for any injury to tenant, his/her family, guests or employees or any other person entering the premises (or the building of which the rented premises are part), damage arising under law, actions sustained by third parties, fire, theft, water, earthquake or the elements. 12. PETS: No animals shall be allowed on the premises without the prior written consent of the Owner. In the event that Owner consents to a pet, Tenant agrees that Owner may have all the carpeting cleaned and exterminated at Tenant's expense. Allowable pets include: two cats. 13. SMOKE DETECTORS: The parties acknowledge that the premises is equipped with a smoke detection device to comply with the Residential Landlord-Tenant Act and that the device is in working order. Tenant shall maintain in good working order the smoke detector device at all times, including the periodic replacement of batteries when necessary for proper operation. 14. TERMINATION: Tenant agrees to give Landlord or his agent, in accordance with law, written notice 20 (twenty) days prior to the last day of a monthly rental period of his/her intention to vacate the rented premises. Tenant agrees that the Landlord or his agent shall have the right to place or maintain "FOR RENT" signs in and on said premises, and to show said premises to prospective Tenants at reasonable times after notice to vacate has been given by or to Tenant. All bills must be paid before furniture is removed. Tenant must be vacated prior to midnight of the day preceding the rent due. Tenants remaining beyond that time may be considered illegal detainers and will be subject to the penalties provided by law. If Tenant defaults in the payment of rent and is absent from the premises for seven (7) consecutive days or more, the premises will be considered abandoned and tenancy terminated; Landlord shall be entitled to take possession of the premises as allowed by law. In the event of default in payment of any installment of rent 9/15/2005 Page 4 of11 or at the expiration of said term of this agreement, Tenant will quit and surrender the said premises to Landlord. 15. MILITARY CLAUSE: This rental agreement between Tenant and Landlord shall have incorporated into it a "Military Clause" which is understood by both parties to mean that Tenant, if in the Military, shall have the opportunity to be excused from the lease term if Tenant has a permanent change of duty station further than 30 miles away from the residence. Tenant must provide a copy ofthe orders (within 48 hours of receipt of said orders) at least 20 (twenty) days prior to the end of a rental period in order to be released from the lease agreement. If Tenant is unable to do so, he/she may be financially obligated to the agreement until the rental term has been satisfied. Tenant further understands and agrees that "Military Clause" shall in no way be interpreted to mean that the availability of family housing, discharge of service, or any other changes or circumstances will release Tenant from the rental agreement. 16. ALTERATIONS: Tenant shall make no alterations to the premises, fixtures, locks (no installation of new locks or change to existing locks) or wiring, nor shall Tenant do any painting or other redecorating of the premises without the written consent of Landlord, except as provided by law. Nails, tacks, screws, brackets, or fasteners shall not be used on any part of the dwelling unit (a reasonable number of picture hangers excepted) without authorization by the Landlord. Repairs to damage resulting there from will be paid by the Tenant. 17. LOST KEYS: In the event that the Tenant loses the keys or is locked out of the residence, it is the Tenant's responsibility to obtain additional keys or entry at tenants' expense. The Landlord or Owner shall retain a set of keys to the property. If the Landlord or maintenance staff is requested to come to the property by Tenant, a service fee will be charged to the Tenant (minimum $35.00) to have the door opened. If the key is lost, the Tenant will pay for key replacement in addition to the service fee. 18. RIGHT OF ENTRY: Tenant agrees to allow Landlord or his agent free access to the premises at all reasonable times for the purpose of showing the premises to prospective tenants or purchasers, inspecting said premises, making necessary or agreed repairs, alterations, or improvements, or to supply necessary or agreed services. Landlord or his agent may enter said premises without the consent of Tenant in cases of emergency or apparent abandonment. This shall not imply that Landlord shall make any repairs not required by law or specific contract. Landlord shall give at least one (1) day written notice of his intention to enter unless it is impracticable to do so. 19. DEFAULT: The rental premises shall not be used for any illegal or immoral purpose. If Tenant permits or commits any nuisance, Landlord may terminate his tenancy in accordance with law. Tenant must assure that Tenant, any member of the household, a guest, or another person under Tenant's control shall not engage in any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the Landlord's premises by other residents or employees of the Landlord. There shall be no drug-related criminal activity on or off the premises. Any criminal activity in violation of the 9/15/2005 Page 5 of 11 preceding sentence shall be cause for termination of tenancy, and for eviction from the unit. (For the purposes of this lease, the term drug-related criminal activity means the illegal possession, manufacture, sale, distribution, use or possession with intent to manufacture, sell, distribute, or use, of a controlled substance as defined in RCW 69.41; 69.50; or 69.52.) There shall be no gang related activity at the premises as defined in RCW 59.18.030. Tenant further agrees that if he/she violates any of the other terms or conditions of this agreement, Landlord may terminate this tenancy in the manner provided by law. In the event Landlord shall bring proceeds to evict Tenant or if it becomes necessary for Landlord to enforce any of the terms of this agreement, Tenant agrees to pay all costs, expenses and attorney's fees incurred and allowable by law. Tenant understands and agrees that the venue of any legal action brought under the terms of this agreement shall be in Kitsap County, Washington, the county in which the premises are situated. 20. PEACEFUL ENJOYMENT OF ACCOMMODATIONS: Tenant agrees to act and cause household members or guests to act in a manner that will not disturb other residents' peaceful enjoyment of their accommodations. Tenant agrees to be conducive to maintaining all Landlord property in a decent, safe, and sanitary condition and refrain from loud parties or loud stereo playing. All radios, stereos, etc. must be turned down very low or off at 11 :00 PM. Loud music is prohibited at all times. This rule is strictly enforced. 21. MAINTENANCE OF PREMISES: Tenant agrees to mow and water grass and lawn, keep the grass, lawn, flowers and shrubbery thereon in good order and condition and to feed them when necessary (unless otherwise specified). Tenant agrees to keep the sidewalks surrounding the premises free and clear of all obstructions. Tenant shall pay for Landlord to replace all glass or doors which might become broken during tenancy and to use precaution against freezing or stoppage of water or water pipes in and around the residence. Tenant shall pay for all repairs of damage caused by neglect in this or any other area. 22. ADDITIONAL TENANT OBLIGATIONS: Tenant shall be obligated: A. Not to display, use, or unlawfully possess or allow members of Tenant's household or guests to display, use or unlawfully possess any firearms, (operable or inoperable) or other offensive weapons as defined by the laws and courts of the State of Washington anywhere in the unit or elsewhere on the property of the Landlord. B. No combustible fluids or other fire hazards shall be kept in bulk or exposed in the building. C. To take reasonable precautions to prevent fires and to refrain from storing or keeping flammable materials upon the premises. Tenant shall take care not to overheat kitchen ranges. D. To not obstruct sidewalks, areaways, galleries, passages, elevators, or stairs, and to not use these for purposes other than going in and out of the dwelling. E. No antennas shall be installed in or on the unit without written permission of Landlord. 9/15/2005 Page 6 ofll F. G. H. I. J. K. L. M. N. 9/15/2005 To drive safely on the roadway and not drive over any curb, walk, lawn or landscaping. To park any vehicle only in areas designated by the Landlord (if parking is available). To refrain from parking any vehicle in any right-of-way, fire lane, or other area not specifically designated for parking and to not store or park any boat, trailer, camper, bus or commercial vehicle on the leased premises or project grounds without prior written approval of the Landlord. To not permit vehicles such as motorbikes, motorcycles, or motor scooters inside the dwelling unit. To remove from the Landlord property any vehicle without valid, current registration tags or that is not road-worthy and in running condition. Any inoperable or unlicensed vehicle may be removed from Landlord property at Tenant's expense pursuant to sate law. To remove any personal property left on Landlord property when Tenant leaves, abandons, or surrenders the dwelling unit. Property left by the Tenant will be stored and/or disposed of by the Landlord pursuant to RCW Chapter 59.18. To use reasonable care to keep the dwelling unit in such condition as to ensure proper health and sanitation standards for Tenant, household members and neighbors. TENANT SHALL NOTIFY THE LANDLORD PROMPTL Y OF KNOWN NEED FOR REPAIRS TO THE DWELLING UNIT, and of known unsafe or unsanitary conditions in the dwelling unit or in common areas and grounds of the project. Tenant's failure to report the need for repairs in a timely manner shall be considered to contribute to any damage that occurs. Tenant shall not permit a nuisance or common waste. Tenant shall properly dispose of rubbish, garbage and waste in a clean and sanitary manner at reasonable and regular intervals and to assume all costs of extermination and fumigation for infestation caused by Tenant, and agrees to keep premises in a clean and sanitary condition. All litter cans must be kept clean by the Tenant and all garbage and other refuse must be kept in containers. Tenant shall be responsible upon lease commencement to pay, in addition to rent, for all public utilities charged against the premises except for N/ A which shall be paid by the Owner. Tenant will pay promptly any utility bills for utilities supplied to Tenant by a direct connection to the utility company, and to avoid disconnection of utility service for such utilities. In addition to public utilities, Tenant is responsible for pest control and normal plumbing stoppages. The water heater must be set at 1100 degrees. The temperature may not be adjusted at any time. Water shall not be left running. Report any leaking faucets, stoppages or defects in the plumbing to the Landlord. Tenants will be required to pay for repair of damages to plumbing caused by their neglect. Do not use water on hardwood floors (inquire of Landlord for proper method of cleaning. Drapes and carpets must be professionally cleaned upon exit. Residents having individually operated refrigerators shall be responsible for the defrosting of same. Repairs for damage caused by failure of Tenant to defrost the refrigerator when necessary shall be paid for by Tenant. Tenant shall properly use and operate all furniture, furnishings and appliances, electrical, gas and plumbing fixtures and keep them as clean and sanitary as their condition permits. Excluding normal wear and tear. Tenant shall notify Landlord Page 7 of 11 and pay for all repairs or replacements caused by Tenant, family members, pets, guests, movers or employees negligence or misuse. Tenant will be required to pay for all breakages and for all damages to the furniture, walls, windows, equipment or buildings. Tenant's personal property is not insured by Owner. O. Tenant is responsible on an annual basis to clean fire place and have the chimney swept by a licensed professional in the industry. Tenant is also responsible on an annual basis or upon move out (which ever occurs first) to have furnace serviced by a licensed professional in the industry. Receipts will be proof on move out day. 23. OWNER'S OBLIGATIONS. The Owner shall: A. Immediately notify Tenant, by certified mail or updated posting, of any changes as to the person r address of the Owner. B. Maintain all structural components in good repair. C. Maintain the premises to substantially comply with any applicable code, statute, ordinance, or regulation governing their maintenance or operation, which the legislative body enacting the applicable code statute, ordinance or regulation could enforce as to the premises rented if such condition substantially endangers or impairs the health or safety of the Tenant. D. Keep common areas reasonably clean and safe from defects increasing the hazards of fire or accident. E. Provide a reasonable program for the control of infestation by insects, rodents, and other pests at the initiation of the tenancy, provided however, that Owner shall not be held responsible where infestation is caused by Tenant. F. Maintain all electrical, plumbing, heating and other facilities and appliances supplied by Owner in reasonably good working order. G. Provide reasonably adequate locks and furnish keys to Tenant. H. Maintain the dwelling unit in a reasonably weather tight condition. 1. Provide a written notice to Tenants disclosing fire safety and protection information. J. Provide Tenant with information provided or approved by the Department of Health about health hazards associated with exposure to indoor mold. 24. TERMINATION OF THE LEASE: In terminating the Lease, the following procedures shall be followed by the Landlord and Tenant. This Lease may be terminated'for serious or repeated violations of material terms of the Lease. Such serious or repeated violation of terms shall include, but not be limited to: A. The failure to pay rent or other charges when due. B. Repeated late payment, which shall be defined as failure to pay the amount of rent or other charges due by the 5th of the month. Three such late payments within a 12-month period shall constitute a repeated late payment. C. If Tenant abandons the premises, Owner may terminate this Agreement and regain lawful possession of said premises. D. Failure to pay utility bills when Tenant is responsible for paying such bills directly to the supplier of utilities. E. Serious or repeated damage to the dwelling unit, creation of physical hazards in the unit, common areas, grounds, or parking areas of any project site. 9/15/2005 Page 8 of 11 F. Criminal activity by Tenant, household member, guest, or other person under Tenant's control, or any activity that threatens the health, safety or right to peaceful enjoyment of the Landlord's public housing premises by other residents or employees, or any drug-related criminal activity on or offthe premises. G. Weapons or illegal drugs seized in the leased premises by a law enforcement officer. H. Any fire on leased premises caused by the Tenant, household members or guests' actions or neglect. I. Failure to dispose of garbage, wastes and rubbish in a safe and sanitary manner. J. Determination or discovery that Tenant or any member of the household is a registered sex offender. K. Or other good cause. 25. MISCELLANEOUS PROVISIONS: The following prOVlSlons apply to this Agreement: A. Attorney's Fees: In the event of any dispute between the parties arising out of or in connection with this Agreement, the substantially prevailing party in any action or proceeding to resolve the same shall be entitled to recover their costs and expenses incurred, including reasonable attorney's fees. B. Binding Effect: This Agreement shall be binding upon and incur to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. C. Entire Agreement: Time is of the essence. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof. All prior negotiations, agreements, representations, warranties or other matters of like or any other nature shall be of no further force or effect and are superseded by this Agreement. This Agreement may be amended or otherwise modified by an instrument in writing signed by both parties hereto. D. Counterparts: This Agreement may, but need not be, executed in one or more counterparts, all of which counterparts taken as a whole shall be deemed the entire Agreement. E. Severability: In the event that one or more provisions of the Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof, the remainder of the Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. F. Hold Harmless and Indemnification: In consideration of the Landlord entering into this lease agreement with Tenant, the Tenant agrees to and shall hold the Landlord harmless from any and all claims of liability or damages and to defend and indemnify said parties for any losses sustained by them from such claims of liability for damages, from any source or sources arising out of or connected with the tenant's or the tenant's agents, representative's licensee's, invitee's, or invitee's use and occupation of the leased premises, except as may be caused by Landlord's own negligence. G. Construction: This lease shall be construed and interpreted pursuant to Washington law and any controversy or interpretation hereof shall be by state courts of Washington with venue in Kitsap County, Washington. The captions 9/15/2005 Page 9 ofll throughout this Lease are for convenience and reference only and shall not be held to expand, modify, amplify or aid in the interpretation, construction or meaning of this Lease. 26. WAIVER: No delay or failure by the Landlord in exercising any right under this Lease agreement, and no partial or single exercise of any such right shall constitute a waiver (post or prospective) of that or any other right, unless otherwise expressly provided herein. Neither the acceptance of rent nor any other act or omission of Landlord at any time or times after the happening of any event authorizing the cancellation or forfeiture of this Lease shall operate as a waiver of any past or future violation, breach or failure to keep or perform any covenant, agreement, term or condition hereof, or to deprive Landlord of its right to cancel or forfeit this Lease upon the notice required by law, at any time that cause for cancellation or forfeiture may exist, or be construed so as to at any future time stop Landlord from property exercising any other option, right or remedy that it may have under any term or provision or this Lease. 27. AGREEMENT TO ABIDE: Tenant agrees to abide by the rules of tenancy outlined in this Lease. Tenant understands and agrees that this tenancy is governed by the Washington State Residential Landlord Tenant Act 1973 (RCW 59.18 et seq) and it may be amended from time to time. Tenant understands and agrees that the following forms are attached to and made part of this agreement: [ ] Application to Rent ] Security, Damage & Cleaning Deposit Agreement [ ] Residential Pet Agreement [ ] Smoke Detection Devise Notice [ ] Property Condition Report (Addendum A) [ ] Mold &Mildew Addendum [ ] Lawn and Yard Care Agreement [ ] Lead-Based Paint Disclosure [ ] Oil Tank Agreement [ ] Septic System Maintenance 28. ADDITIONAL TERMS AND/OR PROVISIONS: 1. Reference to #2. Rent: Rent shall be paid by Payroll Deduction as arram?:ed throu2h the City of Bremerton Payroll Department. 2. The City reserves the right to tie the Parks & Recreation Department's boat to the existin2 dock and to park the boat & boat trailer in the yard from May 1st throu2h September 30th. Failure by Landlord to exercise any of his rights arising under this agreement shall not be considered a waiver of any right or condition thereof. This instrument constitutes the whole agreement between the parties hereto and no representation or agreement has been made by either of such parties that is not specified herein. All provisions of this agreement shall remain in full force regardless of any future rental rate. 29. INITIAL PAYMENT SCHEDULE: **Rent for the period 10/01105 to 10/33/05 *Pro-rated Rent from / / to / / Amount Due: $ 700.00 $ 9/15/2005 Page 10 of 11 **Security, Damage & Cleaning Deposit............ $ 350.00 ** Non-Refundable Fee................................. $ KEY: *Pro-ration based on a 30 day month, and is due on or before the 1st of N/A **Double starred items are to be paid prior to occupancy and shall be in the form of Personal Check, Cashiers Check or Money Order. 30. ACKNOWLEDGEMENT: THE UNDERSIGNED TENANT(S) CERTIFY THAT HE/SHE HAS READ THE FORGOING RENTAL LEASE AGREEMENT PRIOR TO EXECUTION AND AGREES TO ALL TERMS AND CONDITIONS OF THIS RENTAL LEASE AGREEMENT. I/WE HAVE THOROUGHLY INSPECTED THIS DWELLING AND AM/ARE SATISFIED THAT THE DWELLING IS HABITABLE IN ITS PRESENT CONDITION. CITY OF BREMERTON OWNER OR AGENT DATE TENANT DATE R\LEGAL\Forms\Real Estate\Residential Rental Agreement.doc 9/15/2005 Page 11 of11 DATE SUBMITTED: September 13,2005 BILL # 05-.:;J.. 1 5 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SF ........................................................................................ SUBJECT: Interlocal Agreement with Kitsap County for funding assistance for the skatepark Committee Meeting Date: September 14, 2005 COUNCIL MEETING Date: September 21,2005 Department: Parks & Recreation Presenter: Ken Mickelsen Phone: 473-5752 SUMMARY: The proposed interlocal agreement will provide $25,000 funding assistance from Kitsap County for construction of the skatepark. ATTACHMENTS: Proposed interlocal agreement FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: /'''' , / ) /A\ \\ d I ~A 1~- \\j 1-''''''''V' '"),, ',., "', ",.,',..__, -' -,'",-'~:;':~i'.::: ',~. ,=......",.,..~'~"'",. --~~=~ ~~/1 . ,~/7 '~, r~C y,~,'L""""""", 'L . , " r-- RECOMMENDED MOTION: Move to approve the interlocal agreement with Kitsap County for funding assistance relating to the construction of the skatepark and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: CONSENT AGEND~-------- COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action INTERLOCAL AGREEMENT KITSAP COUNTY and the CITY OF BREMERTON KC-41 0-05 WHEREAS, Kitsap County is authorized to establish public outdoor recreation facilities and to cooperate with other governmental agencies; and WHEREAS, the City of Bremerton is authorized to develop public outdoor recreation facilities and to cooperate with other governmental agencies; and WHEREAS, the City of Bremerton Parks and Recreation Department has requested funding assistance to develop a skateboard facility; and WHEREAS, Kitsap County (hereinafter County) will participate in providing capital improvement funds for the development of the facility; and WHEREAS, mutual benefits will accrue to the parties hereto and the people which each serves, including the City of Bremerton, and the County in the cooperative development of . said described property; and WHEREAS, the Interlocal Cooperation Act, RCW 39.34; further authorizes the parties hereto to enter into this agreement; NOW, THEREFORE, in consideration of the mutual covenants herein contained, Kitsap County and the City of Bremerton agree as follows: SECTION 1. Purpose Kitsap County's role in this agreement is to provide funding assistance for a skateboard facility that will subsequently be constructed, operated, and maintained by the City of Bremerton, and will be available for use by the City of Bremerton, and the County, and their respective citizens. SECTION 2. Maintenance of Records , , ., The contracting parties shall maintain all books, records, documents, receipts, invoices and all other electronic or written records. necessary to sufficiently and properly reflect the expenditure of County funds. SECTION 3. Funding , Construction funding shall be provided by the County in the amount of (NOT TO EXCEED) $25,000.00 (Twenty five thousand dollars and no cents). Funding, labor, or materials may consist of donations as provided by various individuals or organizations. SECTION 4. Ownership Ownership of all improvements and facilities covered by this Agreement shall be vested in the City of Bremerton. The County shall have no ownership interest in the improvements and facilities to be completed under this Agreement and the consideration for the funding provided by the County is the City of Bremerton's agreement to complete the improvements and facilities and to make them available to the general public, including all residents of the County. SECTION 5. Hold Harmless Clause The County and City shall each indemnify, defend, and hold the other harmless from and against any and all claims, suits, actions, causes of action, losses, damage, or liabilities arising or resulting from any alleged negligent or intentional acts or omissions arising out of the performance or non performance of their respective responsibilities as set out in this agreement. SECTION 6. Use of the Facilities The facilities shall be available to the general public. Operating hours shall be controlled by the City of Bremerton and management of the facility shall be by the City of Bremerton. SECTION 7. Assignment This Agreement may be assigned only upon the written agreement of the parties executed with the same formalities required for the execution of this Agreement. SECTION 8. Non-Waiver The failure of either party to exercise any rights or remedies under this Agreement for any breach will not constitute a continuing waiver of any obligation and will not prevent either . party from pursuing any such rights or remedies for any succeeding breach. SECTION 9. Integration This Agreement constitutes the entire agreement of the parties. Them are no promises, terms, conditions, or obligations other than those contained herein. This Agreement will supersede all previous communications, representations, or agreements, either verbal or written, between the parties SECTION 10. Effective and Termination Dates This agreement shall be effective upon subscription by the City of Bremerton and the COl:Jnty~The project will be terminated by December 31, 2005 with all funds expended and verified per Section 4 herein, with unexpended funds returned to the County. An extension of contract may be made at the request of either party. DATED this S Nt ' day of CITY OF BREMERTON , 2005. Cary Bozeman, Mayor U :TV COMMISSIONERS , WASHINGTON ) DATE SUBMITTED: August 18,2005 J(( 05- ~/ Co AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5Gt ........................................................................................ Committee Meeting Date: 9/14/05 COUNCIL MEETING Date: 9/21/05 Department: Finance Presenter: Bill Eley Phone: 5293 SUMMARY: The Information Technology Division has $67,000 budgeted in 2005 for PC replacements. This is a request to approve expenditures, not to exceed $67,000 to replace the City's older Gateway PCs and related software. The Division has opted to Purchase Dell equipment available through Washington State's WSCA Contract #A63307 ATTACHMENTS: Current Minimum Standard PC Configuration -wd ""'-Q""'-O ~~':.t.\,)SS\"'-'~ 1..oo'S:. 'i><::.. ~I,J.....~ '^-c.. '>0-"> . FISCAL IMPACTS (Include Budgeted Amount): Included in approved 2005 budget appropriation SUBJECT: PC Acquisitions for 2005 APPROVALS: DEPARTMENT DIRECTOR- CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: ) :z-- b,---/ CONSENT AGENDA~ Gv~ RECOMMENDED MOTION: Approve and authorize the expenditulKlfup to $67,000 for the PC Replacement Program through the Washington StateWSCA Contract #A63307 FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: COUNCIL ACTION: 0 Approve 0 Deny 0 Table D Continue 0 No Action City of Bremerton Memo To: Laura Lyon, Financial Services Director From: Bill Eley, IT Manager cc: City Council Date: September 8, 2005 Re: 2005 PC Acquisitions 1f,.,,",.,:, ::-~. < ! ):: It was agreed as part of the 2005 budget process to commence a 4 year PC replacement program starting in 2005. To that end $67,000 was appropriated for PC replacements this year. As perthe new purchasing ordinance, any acquisition in excess of $25,000 requires City Council approval. This is the request to approve the expenditure of the appropriated $67,000 for PC replacement. The State has obtained competitive bids from four PC vendors (Dell, Gateway, HP and IBM) and municipalities are eligible to purchase from any of these four contracts. Having worked with all four makes of equipment and having examined the detailed specifications in the contracts, the IT staff have determined that it will be in the City's best interests to purchase machines from Dell Corp. on the State's WSCA Contract# A63307. The reason that this request is coming for a "not to exceed" approval as opposed to a fixed price order is that the State's WSCA contracts are based on maximum or "ceiling" prices i.e. prices for the purchase of one unit. The State strongly encourages direct negotiation with the manufacturers to undercut the WSCA prices for orders of more than a single unit. In addition the manufacturers regularly offer buying incentives to improve pricing still further. The quantities we order are limited by lack of storage space and also depend on staff availability. For these reasons we will be ordering multiple times over an extended period and will be gaining the best price each time we place an order. 1 Current Minimum Standard PC Confiauration Mini-Tower Case Intel Pentium 4 2.8GHz Processor or equivalent AMD Processor 512MB Memory 40GB Hard Drive CD-RW Drive 10/100 Ethernet Connector 4 USB Ports Add on video card Integral sound 17" Flat Panel Monitor Windows XP Professional Operating System MS Office 2003 Notes: 1) These are minimum standards subject to improvement by special offers available at the time of purchase. 2) The standards no longer include a floppy drive. It is now cheaper, better, faster to create CDs for external use. 3) This standard is subject to availability of the configuration and will be subject to change as determined by the industry. / /' /// DATE SUBMITTED: AGENDA BILL CITY OF BREMERTON CITY COUNCIL Jk"o S -:::L t 7 ..........................................................................~~......., SUBJECT: Interlocal Purchasing Agreement Wl+~ I S(ltL'\& ColLY\-\-Y f,re.. 'DiS-f'r\c,+ I Committee Meeting Date: September 14, 2005 COUNCIL MEETING Date: September 21, 2005 Department: PW & Util Presenter: Jim Orton, Fleet Manager Phone: 5356 SUMMARY: In order to enhance our purchasing abilities and use the most economical means possible by utilizing a cooperative approach it is requested that the City Council agree to allow the City of Bremerton to enter into an Interlocal Purchasing Agreement with Island County Fire District 1. This agreement, pursuant to RCW 39.34, will be used to purchase materials, services and equipment from already approved competitive bids. ATTACHMENTS: Copy ofinterlocal agreement FISCAL IMPACTS (Include Budgeted Amount): none APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: That the City Cou agreement with Island County Fire District 1. ~, CONSENT AGENDA ~ .,~ il approve the proposed interlocal purchasing COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT Pursuant to Chapter 39.34 RCW and to other applicable laws, the CITY OF BREMERTON and ISLAND COUNTY FIRE DISTRICT 1 (Camano Island Fire and Rescue), both political subdivisions of the State of Washington, hereby agree to cooperative governmental purchasing upon the following terms and conditions: This Agreement pertains to bids and contracts for supplies, material, equipment, or services that may be required from time .to time both by the CITY OF BREMERTON and ISLAND COUNTY FIRE DISTRICT 1 (Camano Island Fire and Rescue). 1. Each of the parties from time to time goes out to public bid and contracts to purchase supplies, material, equipment and services. Each of the parties hereby agrees to extend to the other party the right to purchase pursuant to such bids and contracts to the extent permitted by law, and to the extent agreed upon between each party and the bidder, contractor', vendor, supplier, or service provider. 2. Each of the parties shall comply with the all applicable laws and regulations governing its own purchases. 3. Each of the parties shall contract directly with the bidder, contractor, vendor, supplier, or service provider, and pay directly in accordance with its own payment procedl:lres for_ its own purchases. Each party will indemnify and hold the other party harmless as to any claim arising out of its participation in this Agreement. 4. Any purchase made pursuant to this Agreement is not a purchase from either of the parties. The Agreement shall create no obligation to either of the parties to purchase any particular good or service, nor create to either of the parties any assurance, warranty, or other obligation from the other party with respect to purchasing or supplying any good or service. 5. No separate legal or administrative entity is intended to be created pursuant to this Agreement. No obligation, except as stated herein, shall be created between the parties or between the parties and any applicable bidder or contractor. 6. The CITY CLERK of CITY OF BREMERTON and the DISTRICT SECRETARY of ISLAND COUNTY FIRE DISTRICT 1 shall be representatives of the entities for carrying out the terms of this Agreement. 7. This Agreement shall continue in force until canceled by either party, which cancellation may be effected upon receipt by one of the parties of the written notice of cancellation of the other party. APPROVED this _ day of ,2005 CITY OF BREMERTON APPROVED this J'l day of 2005 ISLAND COUNTY FIRE DIST. 1 Cary Bozeman Mayor BY: ,,-~n_"(~ S I . h J" ,} >,;'" /"),:~ ",' teve,-ttCrr-",,,,'''iU''J Ij".i1VL"" l 'Chairman 0 the Board BY: APPROVED AS TO FORM: Roger Lubovich City Attorney BY: tn. {'j.?:.;..;} '," Fire Chief ATTEST: Paula Johnston City Clerk BY: {// , i\,,';""" I ;,/_.A__J,~'./~I;' Jane Jaquays' 7- ,l' District SecretarY BY: DATE SUBMITTED: AGENDA BILL CITY OF BREMERTON CITY COUNCIL Jf- 05- ~(B S~ - ........................................................................................ SUBJECT: Professional Services Agreement for Acquisition of Orthophotography and Aerial Mapping Services. Committee Meeting Date: September 14, 2005 COUNCIL MEETING Date: September 21,2005 Department: PW &U, Engineering Presenter: Michael Mecham Phone: 473-5288 SUMMARY: The aerial photography of the City needs to be updated. The last aerial photos were taken in 1995. An update is needed because of the changes in the City and the increased technology in aerial photography. This round of aerial photgraphs will produce individual pexe1 resolution of six- inch width compared with the approximate one meter width of the current photos. Engineering staff sent out a Requst for Proposals. Three proposals were submitted and David Smith and Associates were found to be the most responsive and competitive. ATTACHMENTS: 1. Council Summary; 2. Professional Services Agreement APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: FISCAL IMPACTS (Include Budgeted Amount): The cost of the service is $51,940. These funds are in the 2005 Engineering $100,000 budget for professional services with in the GIS line item. ,~~j/4/ A/ (t ~~ /J CONSENT AGEND~ ~ FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve the Pro essional Services Agreement with David Smith and Associates, Inc. for acquistion of Aerial Photography and authorize the Mayor to execute the same with substantially the same terms and conditions as presented. COUNCIL ACTION: D Approve D Deny D Table ab/Agenda Bills 200S/PSA Aerial Photography D Continue D No Action --------------------- , , COUNCIL SUMMARY Acquisition of Aerial Photography for The City of Bremerton The Department of Public \Norks and Utilities uses aerial photography on a regular basis. In addition, the photos are commonly used by developers, engineers, utilities, other departments and many others. Aerial photos are an excellent resource and provide a good service to others in our community. It has been over five years since the City has had current aerial photos. Due to the changes in the City and new technology new aerial photography is needed. Engineering staff sent out a request for proposal (RFP). Three firms, David Smith and Associates, Inc., Mapcon, and Walker and Associates responded to our request. Engineering staff found all three firms to be reputable firms, but found David Smith and Associates to be the most responsive. The photos will be of high quality and resolution. The specified resolution is 6-inch pixcels. This will allow us to identify particular ground features such as manholes and valve covers in the pavement. PROFESSIONAL SERVICES AGREEMENT Orthophoto and Aerial Mapping Services The City of Bremerton ("City") and David C. Smith and Associates Inc. C'Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional servIces: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated August 28, 2005, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference h~rein. The Scope of Work may be modified only pursuant to Section VI1.G. of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. 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 Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in section IX (A) of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $51,940. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements 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 and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. 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 pursuant to Section 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 BremertonlDavid Smith and Associates Orthophotography and Aerial Mapping Services Page 1 of6 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. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. v. Indemnification: 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. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. Bremerton/David Smith and Associates Orthophotography and Aerial Mapping Services Page 2 of6 VI. Insurance Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims-made" basis. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Portland, Oregon. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. 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. BremertonJDavid Smith and Associates Orthophotography and Aerial Mapping Services Page 3 of6 C. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Portland, Oregon. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. E. 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. F. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. G. Modification: This Agreement may only be modified by written instrument signed by both Parties. H. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be 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 Address Michael Mecham, P.E. 3027 Olympus Drive Bremerton, W A 98310 Consultant Address David C. Smith and Associates Inc. 1734 S.E. Tacoma Portland, Or 97202 1. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. 1. Non-Waiver of Breach: The failure ofthe City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. K. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. Bremerton/David Smith and Associates Orthophotography and Aerial Mapping Services Page 4 of6 L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. M. 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. N. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. 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. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period oftime commensurate with the period of excusable delay. B. Rights Upon Termination: 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 Bremerton/David Smith and Associates Orthophotography and Aerial Mapping Services Page 5 of6 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 OF BREMERTON CONSULTANT By: its: Date: By: its: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk BremertonJDavid Smith and Associates Orthophotography and Aerial Mapping Services Page 6 of6 EXHIBIT A. SCOPE OF SERVICES This scope of services includes all photogrammetric processes necessary to create high quality color orthophotography, as well as certain other products derived from aerial mapping techniques. The final work plan is to achieve the highest quality reasonably achievable, not merely meeting a minimally acceptable standard. Extensive quality control reviews and approvals will be applied at key milestones, upon which authorization for subsequent tasks will depend. Table 1 - Final Aerial Mapping Prodnct Summary PRODUCT TILING FORMAT * 1. DEM / DTM suitable for 5' C,L To City Specification To City Specification 2. Orthophotography (OS pixel resolution; 24 bit color) 3000' x 3000' tiles .TIFF, MrSid, ECW 3. Orthophotography (resampled: 2' pixel resolution; 24 bit color) One-piece TIFF 4, Orthophotography (resampled: 4' pixel resolution; 24 bit color) One-piece .TIFF 5. Major water body shorelines (as integral to DTM) One-piece ArcView v, 9.x .shp 6. 5' Contour Layer One-piece ArcView v, 9.x .shp * Imagery fonnat includes uncompressed .TIFF, MrSid plus world files, and ECW (v. 2.0) Additional deliverables: Ownership of aerial film, aerotriangulation results, image scans, quality control summary reports and status meetings as outlined for specific tasks below; The following tasks outline the specific work plan and scope of services to be performed, including responsibilities for both David C. Smith and Associates, Inc. (DSA) and the City of Bremerton Department of Public Works and Utilities (DPWU). Task A. Project Management At a minimum, DSA's project manager shall perform the following tasks for the duration ofthe project: . Maintain a collaborative, project team approach that includes clients and technical staff . Maintain on-going communication with city staff for scheduling, incorporating city input into product requirements and issue resolution . Maintain on-going communication with aerial photography/survey subcontractor for flight coordination . Perform quality control review of all film and control prior to scanning and production . Prepare weekly status reports as to progress, schedule, budget and quality control issues . Prepare monthly invoices and monthly status summaries . Monitor project for strict adherence to agreed-upon budget and schedule . Prepare specific, timely issue/resolution summaries as needed Task B. Project Start-up The consultant's project managers will attend a start-up meeting held by City representatives at the City's offices. The start-up meeting time will be mutually negotiated. The start-up meeting is to be held before any mapping or image scanning tasks begin, but may occur after the flight mission has been initiated in order to expedite acquisition of the aerial photography. The goal of the start-up meeting is to reach final consensus on the entire body of work to be completed, roles and responsibilities, time line, and critical quality metrics. Professional Services Agreement, Aerial Mapping Services Exhibit A, Scope of Services The following key issues shall be discussed/reviewed at the project startup meeting: . Accuracy specifications . Aerial film acquisition strategy . Survey control . Photo center/project area map . Scanning specifications to be used . Orthophoto acceptance criteria . Entire scope of work as contracted . Choice of pilot area . Remaining questions or issues, such as those that may emerge and require resolution during tasks late in the production sequence. . Task-specific quality control specifications, procedures, and milestones . Schedule . Budget and invoicing · Communication plan . Consultant resource commitment (project management, staff, equipment, etc.) At the conclusion of this task, the city project coordinator will summarize the meeting addressing all open issues and critical path items, and circulate this summary to the project team. Consultant will prepare a brief project plan that documents the key elements of how the project is to be conducted, and deliver this review to the City for review. Product Deliverables: DPWU Deliverables: Project start-up meeting; project plan Project start-up meeting; meeting notes Task C. Aerial Film Acquisition Subtask 1 - Project Planning The consultant will prepare an aerial photography acquisition summary plan to identify all technical elements, deliverables, timeline, budget, roles and responsibilities, and variables. DPWU will provide all relevant documentation and digital records to assist in this planning effort. The acquisition plan is to include: . Project area flight plan (to include flight altitude, start/end locations, photo scale, end lap, side lap and extents of photography) . Film specifications . Specifications ofNAD83 (1991) horizontal datum, NA VD88 vertical datum, and U.S. Survey Foot mapping units . Airborne GPS data collection specifications . Equipment to be used in flight, and its operability . High-accuracy GPS base station location . Timeline . Quality assurance/quality control procedures to be used · ASPRS and NGS standards as they pertain to digital terrain model with 5' contour interval accuracy, as well as 0.5' pixel color orthophotography derived from 1" = 600' aerial photography · Specific consultant-DPWU communication protocol . Contingency options for weather, aircraft, or equipment issues Professional Services Agreement, Aerial Mapping Services Exhibit A, Scope of Services 2 Product Deliverables: Aerial photography project plan (document); plan (map >/= 1:24,000, Washington State Plane Coordinates (North); flight lines numbered and photo centers and required ground premarks. Subtask 2 - Survey Control and Premarking The consultant will establish a control network of 18 new survey control points. Trimble 4000 ssi GPS receivers will be used for the GPS survey measurements. Existing control will be utilized where appropriate. All control and premarking will be done under the direct supervision of a registered surveyor and will meet industry standards for GPS control suitable for accuracies and requirements stated herein. The consultant will prepare a survey control summary document in an MS Excel spreadsheet and on a suitable scale digital map that correctly overlays the Flight Plan map (Subtask 1, above). The summary document shall address the following: . Existing survey control utilized . Additional survey control points established . Premarking completed . Field notes including location diagrams for the above . Expected horizontal and vertical positional accuracies Product Deliverables: Survey report (document); completed, premarked survey network Subtask 3 - Aerial Photography a. Aerial photography acquisition: The consultant will provide color, air-borne GPS controlled aerial photography that meets all of the following specifications and requirements: . Nominal photo scale: 1:7200 (1"=600') . Coverage area: Project boundary at 60% forward lap, 30% side lap plus one extra exposure at flight line start/end to support air-borne GPS control . Camera: Zeiss LMK 2000 with LMK 3015 upgrade, 6" focal length state-of-the-art aerial mapping camera equipped with Forward Motion Compensation (FMC) . Film type: Clear based, high resolution color aerial film . Airplane/mount: Cessna TU206F equipped with FAA approved Zeiss gyro-stabilized mount . Calibration: Current calibration to USGS standards/requirements . Air-borne GPS: Photo center coordinates collected at Yz second epoch recording rate . Base stations: A minimum of two air-borne GPS ground base stations shall be required, including one base station at the Bremerton Airport High Accuracy Regional Netwok (HARN) point. All base stations used shall be tied into the HARN control network. . Flight window: Aerial photography shall be attained between September 10th and October 15th. DSA's Project Manager will communicate on a daily basis with the DPWU project manager with specific status information in regard to which flight lines have been completed, problems encountered, and estimated time of subtask completion. Professional Services Agreement, Aerial Mapping Services Exhibit A, Scope of Services 3 . Ground conditions: Photography shall not be taken when the ground is obscured by haze, snow, smoke, dust, floodwaters or other environmental factors that may obscure ground detail. Clouds and/or shadows of clouds shall not appear in the photographs. b. mitial Quality control and mspection: Upon completion of the aerial photography flight(s), aerial film shall be processed and quality checked expeditiously. Consultant will submit a quality control summary report to be DPWU, to include the following: . Dates and times of flights (by flight line) . Names and contact infonnation of individuals responsible for processing and review of film . Summary of film geometry (overlap, crab, etc.) . Summary of film image quality (density, defects, consistency, etc.) . Equipment and procedures used in evaluating film geometry and image quality . Description of re- flights needed (if any; reference photo centers from Flight Plan map) . Tabular listing and digital map (compatible with Flight Plan map) of [mal AGPS photo centers . Time frame for required additional work, if any . Summary of postmarking level of effort, if any c. Film storage/delivery: Aerial Film will be stored at David C. Smith and Associates, mc. offices, in a fireproof vault, until such time as the City requests delivery of the film or storage of the film becomes impractical. All aerial film, data and mapping products produced in conjunction with this project are owned by the City and will not be used for any other work or purpose without the City's authorization. Aerial film will not be moved to another location without authorization from the City. Product Deliverables: Aerial film, properly packaged and identified; summary report (document); AGPS photo center positions (map) Subtask 4 - Final Quality Control and Scanning Consultant will perform final quality control checks and produce scanned aerial imagery according to the following methodology, specifications and requirements: a) Imagery is to be scanned at 12 micron resolution, with dust/scratch removal activated c) Prior to scanning, film shall be stored in a suitable environment and reviewed by the Project Manager for quality and problems. d) All film is to be cleaned using an industry standard HAS film cleaner prior to scans e) Scanning is to be done in an enclosed, positive air-flow, "clean room" enclosure on a Wehrli RM-6 roll feed scanner, equipped with infrared dust/scratch removal f) A minimum of six sample images, selected from a range of all flight dates on all rolls to be representative of the full range of film and light conditions for the whole project, are to be scanned up-front and submitted for DPWU approval before full production. g) Scan parameters for each group of film / light conditions shall be established by careful review of scan histograms, to balance tone/contrast across the entire project and to ensure that the imagery attains the full range of color density without washing out detail in light areas or shadow. h) During full production, every image shall be reviewed at a coarse resolution on-screen for overall color quality and contrast consistent with approved samples. Selected images throughout the roll shall be reviewed at a I: I zoom factor to detect any systematic problems. If problems are detected, rescans are to be made immediately. Professional Services Agreement, Aerial Mapping Services Exhibit A, Scope of Services 4 i) Final evaluation during aerotriangulation tasks: A detailed, final check of the scan quality is to be made on every image at a very high zoom resolution as part of the aerotriangulation measurement process. Any problem images identified during this task are to be rescanned prior to orthophoto production. j) All scan parameters, including adjustments to specifications made to accommodate radiometric or geometric differences between or among aerial photography frames, will be fully disclosed to DPWU. Quality control reviews of every scanned image will be conducted, documented, summarized and submitted for DPWU review. k) At the conclusion of this task, DSA will consult with DPWU to review the results of the scanning task, and identify any quality issues that need to be addressed, including those pertaining to radiometry, geometry, cleanliness, image coverage, file naming, and usability for analytical aerotriangulation (AAT). Rework will be identified and scheduled as necessary. Product Deliverables: DPWU Deliverables: Raw image scan files, quality control reports, DPWU/consultant meeting DPWU/consultant meeting, meeting notes Task D. Analytical Aerial Triangulation Consultant will perform analytical aerotriangulation to industry standards in order to implement a full project wide bundle adjustment solution that supports all subsequent mapping and orthophoto tasks. A minimum of three pass points are to be attained for each photo with sufficient tie points between flights to meet industry standards for aerotriangulation accuracies. Where possible, tie and pass points should be manually located at identifiable image points and good, solid ground positions. Additional image check points are to be collected during the AAT process to provide for additional accuracy checkpoints on the final orthophoto images. At the conclusion of this task, AAT reports and Summary documentation will be prepared and submitted to the City. DPWU will be briefed on the task outcome, including the incidence of errant, discarded, or anomalous network points, and the resolution of these gaps. Aerotriangulation and all subsequent mapping production shall adhere to the following specifications: DatumlUnits NAD83 (1991) - Horizontal Datum NA VD88 - Vertical Datum U.S. Survey Feet Projection/Coordinate system Washington State Coordinates (North Zone) Tiling 3000-foot x 3000-foot grid Survey/AAT/Mapping Accuracies GPS ground control: +/- 0.15' horizontal and vertical Maximum residual for aerotriangulation points (ASPRS standards at 1/10000 of flight altitude): +- 0.36 feet Orthophoto horizontal accuracies (ASPRS Class I accuracies for a 1"= 1 00' final map scale): Compiled to meet a horizontal accuracy of +/- 2.4' at a 95% confidence level DTM vertical accuracies (ASPRS Class I accuracies for a 5' contour interval): Professional Services Agreement, Aerial Mapping Services 5 Exhibit A, Scope of Services Compiled to meet a vertical accuracy of +/- 3.25' at a 95% confidence level Product De/iverables: AAT Report, AAT solution (electronic format), quality control reports, DPWUY/consultant meeting DPWU/consultant meeting, meeting notes DPWU De/iverables: Task E. Digital Terrain Model Revision Consultant will prepare a composite LIDAR / photogrammetry Digital Terrain Model (DTM) meeting 5' contour accuracies. The updated DTM will be developed by editing existing LIDAR data and adding new photogrammetric break lines and mass points where needed to meet 5' contour accuracies for current conditions. I) General methodology: Consultant will use 3D stereo photogrammetry to review, edit and update existing Kitsap County LIDAR data in order to prepare the final composite DTM. The accuracy of the existing LIDAR data is to be preserved, where it is current and meets or exceeds the 5' requirement. Existing LIDAR data shall be loaded into stereo mapping systems and reviewed to identify areas of change or areas where the LIDAR does not represent the ground surface. Breaklines and mass points shall then be stereo-digitized as needed to update the data and create a composite LIDARlphotogrammetry DTM that meets or exceeds the minimum 5' contour accuracy specification. 2) Major water bodies coverage: Break lines for major water bodies are to be coded separately and included both in the DTM and a separate major water bodies coverage. This coverage will include only those major water bodies with significant shorelines that are needed to ensure correct orthophoto rectification. Single thread streams will be adequately represented by the LIDAR data and are not considered major water bodies. 3) Format: Automated processes may be required to resample the LIDAR data to facilitate formatting or file sizes that will better suit City hardware, software and intended applications. Samples of different data densities will be provided and final formatting will be to City specifications. 4) Final contours: Five foot interval contours are to be generated from the final composite LIDARlphotogrammetry DTM. Contours will be attributed with elevation and processed for delivery as a single shape file to City specifications for format. Obscured area delineation and attributing will not be performed. 5) Pilot Area: A pilot area will be selected during project startup in Task B. The area will include images from two adjacent flight lines that include a representative mix of land cover; the pilot does not need to be formatted in the final tiling scheme but should approximate the area of a single 3000-foot x 3000-foot tile. DTM updates and rectified digital orthophotography samples are to be completed for the selected pilot area. For pilot area orthophoto review only, approximate seam and/or blend areas will be manually identified in order to facilitate City review of the pilot data. Updates to the DTM in the Pilot Area - i.e., all new, revised, or deleted features - will be coded or otherwise flagged so that they can be easily located and reviewed by DPWU in superimposition with existing data. 6) When completed, consultant will submit pilot test results, including digital data and hard copy plots, to the DPWU for approval and authorization to proceed. Product Deliverables: Pilot orthophoto (O.5-foot pixel resolution), pilot seam line data, updated pilot DTM, updated project-wide DTM, quality control reports Pilot review; detemrine final formatting specifications DPWU Deliverables: Professional Services Agreement, Aerial Mapping Services Exhibit A, Scope of Services 6 Task F. Orthophotography Production Consultant will orthorectify and process the scanned imagery to prepare final edited, seamlessly mosaiced georeferenced orthophoto tiles for the entire project area. Approximately 187 3000-foot x 3000-foot orthophoto tiles are to be produced to cover the entire project area. Final products will be organized and identified by using the tile naming convention currently in use by DPWU. In preparing the final orthophoto deliverables, Consultant will implement the following orthophoto production methodologies and tasks: 1) Ortho rectified imagery will be generated using automated orthophoto generation and mosaicing 2) The initial automated orthophotos will be manually reviewed on screen for overall color balance, color quality and mosaic quality. Additional manual color adjustments will be made if needed to improve the quality. Care will be taken to minimize dodging adjustments so as to preserve image integrity. 3) All imagery will be manually reviewed, one file at a time and as a large block, on screen as a final quality control check. This task will be performed using ArcView to review all adjacent imagery at coordinates. 4) Bridge decks will be rectified to their true position and edited/reviewed for correct visual appearance. Other elevated features will be rectified to the ground DTM and may be displaced. 5) Final orthophotos will be reviewed for accuracy at each visible ground control point, aerotriangulation image checkpoints and at all road / edge matches prior to delivery for city review. 6) Final multiple TIFF formats, ECW and MR SID format tiles and mosaics will be cut from the seamless mosaic and provided to city specifications for final deliverables. 7) All tasks and processes will be designed to ensure compliance with the DPWU acceptance criteria to be established during project start-up in Task B. 8) DSA's project manager will provide sample orthophotography products for review by DPWU every two weeks throughout the production task. Product De/iverables: DPWU De/iverables: Orthophotography (as per Table I), quality control reports Deliverable reviews Task G. Project Closeout In this task, DSA will organize and return all project materials to DPWU, and meet to resolve any remaining project issues. DSA will submit with the final invoice a brief summary of the project. DPWU will complete all final product reviews and expedite final payment to DSA. Consultant De/iverables: DPWU De/iverables: Project materials, fmal project report, DPWU/consultant meeting Deliverable reviews, contract closeout, DPWU/consultant meeting, meeting notes Professional Services Agreement, Aerial Mapping Services Exhibit A, Scope of Services 7 ~rton, 2005 ?rthOPhoto and Aerial Mapping proposal David C. smith & ASSociateS, Inc. .1P'SKS protect Start U p.erotr\anau\ation DlM Data Collection ,QiOtta\ ~CI. SC\.\l::.QY\..~ E~t.\\Brr B NO\l OEe JJ\N OCl project scheduleTable ~------------------ -------------~ EXHIBIT C. COST OF SERVICES A. Project Management B. Project Start-up Cl. Aerial Film Acquisition C2. Ground Control/Premarking SUBTOTAL. PHASE 1 N.A. $300 $10,350 $8,200 $18.850 C3.Aerial Film Scanning D. Analytical Aerial Triangulation El. Digital Terrain Model Revision for 5' C.r. accuracies E2. 5' Interval Contour Coverage F. Orthophotography Production G. Project Closeout TOTAL $1,700 $3,870 $14,955 $2,200 $10,065 $300 $51.940 Professional Services Agreement, Aerial Mapping Services Exhibit B, Cost of Services DATE SUBMITTED: September 7,2005 BILL # 0 5 ... J- \ 9 AGENDA BILL CITY OF BREMERTON CITY COUNCIL s:r ..........'.............................................................................. SUBJECT: Authorization to extend Insurance Broker Services contract Committee Meeting Date: September 14,2005 COUNCIL MEETING Date: September 21,2005 Department: Risk Management ~,? Presenter: Peggy Lesser #_ Phone: 473-5302 ' , SUMMARY: The current agreement with Willis of Seattle for insurance broker services expires in March 2006. Staff is requesting authority to extend the contract for an additional two years under the same terms and conditions. ATTACHMENTS: Current Professional Services Agreement with Willis of Seattle, Inc. for insurance broker services FISCAL IMP ACTS (Include Budgeted Amount): Insurance broker services have been paid for 2006. APPROVALS: rl- ,,/ ' DEPARTMENT DIRECTOR: -;;< / '. , <,,^-~""""'", CITY ATTORNEY' ~ ::~E DIREC;OR:~ _ . .~~~~ :~~~-~ . ~ \" " ~"',,'---;;-/'.7i' . /,'/1 ) "::7/ /ll-4' ,:/. ,/h~ ~ /:0---- ~. .. l. {/ FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: CONSENT AG~ RECOMMENDED MOTION: I move to authorize the City's Risk Manager to extend the professional services agreement with Willis of Seattle for an additional two years and authorize the Mayor to execute the appropriate documents. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action PROFESSIONAL SERVICES AGREEMENT The City of Bremerton ("City") and Willis of Seattle, Inc. ("Broker"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: Broker agrees to perform the services more specifically described in the Scope of Work, including any addenda thereto as of the effective date of this Agreement, attached hereto as Exhibit A, which is incorporated herein by this reference as if fully set forth. Broker further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and Broker agree that work will begin on March 1,2003, and continue for a three year period unless terminated earlier as provided in Section IX. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Broker $25,000 for each year that services are provided. Any and all commissions received by Broker from insurance companies for business placed on behalf of the City will be accounted for, disclosed to the City, and credited to City's account within thirty (30) days of their receipt by Broker. Broker further agrees to credit any excess commissions to City within thirty (30) days of their receipt by Broker. The term "commission" shall not mean contingent or volume bonuses shared by the insurance carriers or wholesalers on Broker's overall book of business. IV. Relationship of Parties: Broker is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Broker and its personnel are independent Brokers and not employees of the City. Broker and its personnel have no authority to bind the City or to control the City's employees. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-contractors of the Broker. Broker will be solely and entirely responsible for its acts and for the acts of Broker's agents, employees, and representatives during the performance of this Agreement. As an independent Broker, Broker 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 Broker or its personnel. As an independent contractor, Broker is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, B&O, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City Bremerton/Willisof Seattle, Inc. Page 1 of 6 -. may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Broker. V. Indemnification: Broker 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 Broker's performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's inspection or acceptance of any of Broker's 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: Prior to and during the performance of the work covered by this Agreement. Broker shall provide the Risk Manager for the City of Bremerton with evidence that it has obtained and maintains in full force and effect during the term of this Agreement. a policy of professional liability insurance, and/or errors and omissions insurance, providing coverage of at least $1,000,000 against professional liability or errors and omissions in connection with the work to be performed by Broker under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. The City reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: Broker will maintain the usual written records customary in the business of an insurance broker to include, but not be limited to, records of policies, premium audits, loss data and other pertinent correspondence which affects the coverage hereunder. These records will be maintained for a minimum of seven (7) years subsequent to February 1,2006. B. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. C. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Agreement may only be modified by written instrument signed by both Parties. BremertonIWillis of Seattle, Inc. Page 2 of 6 E. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless notified to the contrary. Any written notice hereunder shall become effective upon the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Risk Manager City of Bremerton 239 Fourth Street Bremerton, W A 98337 Broker Address Willis of Seattle, Inc. PO Box 34201 Seattle, W A 98124 F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. G. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. H. Compliance with Laws: Broker shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. I. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. 1. 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. VIII. Nondiscrimination: Broker shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement may be terminated, at will, by either Party upon 30 days' notice to the other Party. 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 five days of the terminating Party's sending notice to the non-performing Party. A. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Broker to the effective date of termination, as described on a fmal invoice submitted to the City. After termination, the City may take possession of all records and data within the Broker's possession pertaining to this Agreement which may be used by the City BremertonlWillis of Seattle, Inc. Page 3 of 6 without restriction. Upon tennination the City will be entitled to reports showing the status of all items listed in the Scope of Work through the termination date. CITYOFB~ ~ze~ ~ its: Mayor c. APPROVED AS TO FORM: ---~~: Roger A. Lubovich, City Attorney R:\LEGAL\Contracts\Willis of Seattle.doc BremertonIWillis of Seattle, Inc. Page 4 of 6 -" EXHIBIT A Scope of Work Broker agrees to provide the City with the following services: 1. Develop and recommend to the City, insurance and other risk financing or loss funding programs, contracts, techniques and methods whenever they will benefit the City. 2. Develop underwriting information, prepare specifications for marketing insurance coverage, structure offerings to insurers and secure insurance desired, providing an analysis of coverage scope, cost and services. Developing underwriting information is to include an analysis of City's possible exposure to risks of loss. A copy of the specifications shall be presented to the City. 3. When possible, design insurance policy wording to meet the specific needs and requirements of the City. 4. Review each insurance policy, binder, certificate or other insuring document to see that wording is complete and accurate and that coverage is in compliance with specifications. Deliver binders and insurance policies to the City as soon as possible. 5. Monitor all insurance and other risk financing or loss funding arrangements to assure their continuing adequacy in terms of cost and protection. 6. Structure insurance programs to eliminate gaps and overlaps in coverage and to provide the limits or amounts of coverage requested by the City. 7. Service each policy issued to the City (i.e., process changes and endorsement). 8. Issue Certificates of Insurance as requested by City. 9. Maintain the usual written records customary in the business of an insurance brokerage operation, as well as any other records which the City may deem necessary to the proper handling of and accounting for the insurance placed by the Broker. to. Be available for consultation on a daily basis in carrying out the obligations set forth in this Agreement. 11. Verify the accuracy of each invoice. Broker shall make every reasonable effort to assure that all billings sent to the City are correct. Each invoice shall show: a. Insurer b. Policy Number c. Policy Period d. Coverage Provided 12. As requested by the City, assist in the development of insurance and hold harmless clauses for City contracts. 13. Assist the City as needed in compiling loss costs; in preparing claims to adjusters; in negotiating settlements; and in pursuing payment. 14. Provide answers to City on insurance coverage and risk management questions. 15. Obtain competitive insurance quotations from various insurers when feasible. 16. As requested, provide studies of alternative loss funding plans including, but not limited to, captive feasibility, bonding feasibility, SIR/limits determination and retention level studies, and loss frequency and severity projections. 17. Attend meetings with City as required. 18. Assist with and make recommendations on various risk management functions of City, as requested. BremertonlWillis of Seattle, Inc. Page 5 of 6 -" - 19. Provide City with semi -annual activity reports on the performance of the Broker function. These reports shall detail the progress and status of all work required under this Agreement 20. Provide early warning of pending rate, coverage or renewal problems, including significant changes in the financial status of major insurers. Without limiting the generality of the above-responsibility, Broker shall issue, at least ninety (90) days prior to each insurance policy expiration or anniversary, a written report stating anticipated renewal terms and conditions, and stating any intentions or requirements to change insurance coverage in any way. Broker shall further keep City informed on new or changing markets, forms, products, laws, government regulations and any other information that may affect the risk management function, as known or should be known according to industry standards by Broker. Periodic reports will be given thereafter by the Broker to keep the City's risk management office fully informed on status of such renewals or anniversary changes. 21. Act as liaison with insurance companies. 22. Provide annual updating of the City's insurable value. 23. Assist City in the settlement of self-administered claims. This service may include the monitoring of particularly severe claims by the Broker or its claims' service affiliates so as to provide assistance to City's Risk Manager in negotiating settlements or establishing a defense strategy. 24. Assist City in obtaining settlement from the insurance carrier for those losses which are not self-administered. 25. In consultation with the Risk Manager, Broker will develop specific loss prevention recommendations for City government and provide assistance to Risk Manager in development of loss prevention seminars in selected areas. 26. Broker shall monitor the loss control services provided by the insurance carrier or service company. Broker further will monitor all inspection reports. 27. Assist the City with environmental loss control services by reviewing projects and programs and making recommendations for proper respiratory, medical, air monitoring, substance removal, recordkeeping, and training requirements. Provide project site audits as necessary. BremertonIWillis of Seattle, Inc. Page 6 of 6 AGENDA BILL CITY OF BREMERTON CITY COUNCIL >f () 5 - :J.:)-o loA DATE SUBMITTED: 8/14/2005 ................~1;r\~.~~;~..........................................................., SUBJECT: Resolution No. ;?t'l1Qj Committee Meeting Date: 9/14/2005 adopting the City ofBremerton Wastewater COUNCIL MEETING Date: 9/21/2005 Comprehensive Plan Department: Public Wrks & Utilities Presenter: Pat Coxon, WW Mgr. Phone: 473-5448 SUMMARY: The City ofBremerton desires to plan for future growth in its wastewater service area. The wastewater comprehensive plan provides a means to evaluate future wastewater collection system and treatment plant needs. This new wastewater comprehensive plan will replace the current 1995 plan and will bring the City into compliance with all State Department of Ecology regulations for Wastewater Comprehensive Plan elements as specified in WAC 173-240-050. This plan outlines a detailed strategy to improve redundancy in biosolids handling, transport, and application. It also increases reliability of treatment operations by improving emergency power capability. A TTACHMENTS: (New Wastewater Compr~hensiv~ Plan}c Resolution , ~"<l.\ \c..b\e.. It) CaLL-nu \ ~,e.e., FISCAL IMPACTS (Include Budgeted Amount): The plan projects capital needs of$20,726,250 over the period of2005 - 2011. This amount includes approx. $11,866,250 in rate capital with the balance from expected grants and future loans. These figures are consistent with the wastewater CIP and rate study. ----.... /....'- ) ; APPROVALS: {~_---'~' . DEP ARTMENT DIRECTOR~.. ..~'? h/ ~;~ CITY ATTORNEY: ( FINANCE DIRECTOR: MAYOR: FISCALIBUDGET: OPERATIONS: COUNCIL PRESIDENT: . ~.------./ CONSENT AGEND~ tJ 0 RECOMMENDED MOTION: Move to pass Reso tion No..;t.,'f1c( adopting the City ofBremerton Wastewater Comprehensive Plan. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action RESOLUTION NO. ;l~1~_ A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting the City of Bremerton Wastewater Comprehensive Plan. WHEREAS, the City of Bremerton desires to plan for the future and growth in its wastewater system service area; and WHEREAS, a wastewater comprehensive plan provides a means to meet future wastewater collection system and wastewater treatment plant needs; and; WHEREAS, the City has not adopted a wastewater comprehensive plan since the Wastewater Comprehensive Plan completed in 1995; and WHEREAS, the requirements for comprehensive wastewater planning are specified in State of Washington, Department of Ecology regulations promulgated under Washington Administrative Code 173-240-020 and 173-240-050; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City of Bremerton Wastewater Comprehensive Plan Update Final Draft dated July 22, 2005 is hereby incorporated as if fully set forth herein and adopted as the City of Bremerton Wastewater Comprehensive Plan. SECTION 2. Severabilitv. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. day of PASSED by the City Council of the City of Bremerton, Washington this_ ,2005. DAREN NYGREN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney P AULA JOHNSTON, City Clerk R:\LEGAL\Resolutions\Public Works\Wastewater Comprehensive Plan.doc \ \ !Ui '" ~'fi 'J'" ' l!i " " , ';;;ji III " , ," Me ~ll.~,,~" t:::::rJl ',' .".' ,.:;..:, 4 -",",' ,'" ~".,',! bi:l . - - ,!" .ie, , .' ! ,~", '," ~' '" .-,' '-, _ ij'-;/~ it,....:;" , ~ - - ~_ ~ ifi14,V"l>:.F ' ~~, " 81: -611 ,/Y!px'..~.":iYf~" 'lis" :' '6r::~1 r;~:'~~ ~t , ..Ll,." , ".1., "'~'-' It".,. "t:l.J' "',~'" . :1: Jg:['iI . "tfi , "W"'V' "'... ': " n-t~~' "'(:, -:-~~-', , ,~! '~l l:':';f J:l!u<, '_, ' ''11II, "~r . 11 I"J~' " ~'"'I ,.t I,~, ':'1. ...~I" ',:- , ~Ili' !0I'P J .,Ill " sioi;' ~l , in :... !II -<~ :ill,: Y'l '~I \ \ AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL# 05 -;Ld-l "8 DATE SUBMITTED: July 6,2005 ........................................................................................ SUBJECT: Hearing and Ordinance # ~ Vacating the northerly 850 feet of Russell Road to Oyster Bay Avenue. Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: At.A'~S+- l, i'1..005 September 21, 2005 PW&U, Engineering Michael C. Mecham 473.5288 SUMMARY: The City received a petition from Bremerton Housing Authority to vacate the northerly 850 feet of Russell Road to Oyster Bay Avenue for the development of an assisted senior housing complex within Westpark. The road will be relocated southerly of its current position. This date has been scheduled for a public hearing in accordance with state law and the Bremerton Municipal Code for first reading on the proposed ordinance vacating the subject property. This is a Class I right-of-way and compensation will be paid by dedication oflike-kind right of way in the anticipated redevelopment of Westpark. ATTACHMENTS: 1.) Ordinance # 1-q 1-'6 ; 2.) Aerial Photograph FISCAL IMP ACTS (Include Budgeted Amount): No Impact. ~CI:T:y~AOTTVT~O~RN~~EDyI~. CTOR~~~~-.:__.~_~ . '-: '~--'~-'---"---, ~ """ ~ :;::::, '..' '--, ---;;;, -------- FWANCEDlRECTOR: ~ ~ c- MAYOR: '-'\ l -, FISCAL/BUDGET: CoM~~ ~ e(n/oS CONSENT AGENDA 0 OPERATIONS: Lbmrni+tee. [\1\*5 9~ 7/05 COUNCIL PRESIDENT: -p~ VL?\~/---_-- 'v RECOMMENDED MOTION: L^~ Mev8 to appro"e tho ttttllchcd WJ~llc1ll\"(; un fiI:sll(;c1J~!lg, vacating the ftol'thcdy 850 feet of Rtl38011 ROllcl to Oyster Bay .^~'l0Rl:1e. Il'. Move to pass Ordinance # ;(140 on s0coBa readift~, vacating the northerly 850 feet of Russell Road to Oyster Bay Avenue. COUNCIL ACTION: D Approve D Deny . D Table ab/ Agenda Bills 2005/Rusell Rd Ord/Vac D Continue 0 No Action :::; Q. '" N ,:.: 'A '" '" '" ~ l:; ... 1 C ,2 ~ -;; " '0 '0 1ij c 2 15 ~ SCALE CITY OF BREMERTON HORIZ1 :200 DEPARTMENT OF PUBLIC WORKS & UTILITIES PLOT 1: 1 ENGINEERING DIVISION . DRAWING NO. DRAWN BY: S.J. DESIGN BY: G.F. EXHIBIT DA TE 7 /05 DA TE 7/05 EXHIBIT FOR RUSSEL ROAD VACA TION I .2 '" '" c ~ '0 li :E I ill '6 III o a: Qj '" ~ c: '" '" R :2 , Q 3 < ? CHECKED BY: DATE SHEET 1 OF 1 ORDINANCE NO. ~ AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of streets, vacating the northerly 850 feet of Russell Road to Oyster Bay Avenue. WHEREAS, the City received an application from the Bremerton Housing Authority to vacate the northerly 850 feet of Russell Road to Oyster Bay Avenue in the City of Bremerton, and WHEREAS, the City passed Resolution No. 2976 declaring its intention to vacate the northerly 850 feet of Russell Road to Oyster Bay Avenue, which resolution also set a hearing to take public comment or consider written objections to the vacation; and WHEREAS, fewer than fifty percent of the property owners abutting said right- of-way filed written objections to this action prior to the time set for public hearing herein; and WHEREAS, a public hearing was held with proper notice on September 21, 2005, in the City Council Chambers at the Norm Dicks Government Center to take public comment or consider written objections to the vacation; and WHEREAS, the City Council has determined that it is in the best interest of the public to proceed with the vacation; and WHEREAS, the City Council finds it appropriate to reserve certain easements within the area to be vacated; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The foregoing recitals are incorporated as if fully set forth herein. SECTION 2. The northerly 850 feet of Russell Road to Oyster Bay Avenue in the City of Bremerton, as described in Exhibit A, which is attached and incorporated herein by this reference, is hereby vacated to the abutting property owner including any and all easements contained therein. 1 Street Vacation- Russell Road SECTION 3. Easements. The granting of this vacation is subject to the following: a. An easement is reserved for the City of Bremerton, Public Works and Utilities Department for construction, operation, maintenance and/or repair of City utilities and appurtenances over, under and upon the entire area vacated pursuant to this ordinance. b. An easement is reserved for Cascade Natural Gas for operation, maintenance and/or repair of gas lines and appurtenances over, under and upon the existing facilities within the area vacated pursuant to this ordinance. c. An easement is reserved for Comcast for operation, maintenance and/or repair of cable and appurtenances over, under and upon the existing facilities within the area vacated pursuant to this ordinance. d. An easement is reserved for Qwest for operation, maintenance and/or repair of telecommunication cable and appurtenances over, under and upon the existing facilities within the area vacated pursuant to this ordinance. e. Improvements within Easement. Property Owner shall maintain the area over, under and upon the easement in a condition so as not to interfere with the ability of the City and other grantees of the easement(s) herein ("Grantee") from constructing, operating, maintaining and/or repairing their utilities. Any and all improvements placed or constructed within the easement by the Property Owner shall be at the Property Owner's sole risk and responsibility. Property Owner shall, within thirty (30) days of request of Grantee, remove, and thereafter replace, at Property Owners cost and expense any such improvements interfering with Grantees ability to construct, operate maintain and/or repair its utilities. No notice is required in the event of an emergency situation. Should Property Owner fail to remove said improvements as requested or in the event of an emergency, Grantee may remove the improvements at the Property Owner's cost and expense. SECTION 4. Additional Conditions. The granting of this vacation is further subject to and conditioned upon the following: As compensation for the vacation, applicant or its successor in interest shall dedicate property of like-kind in Westpark to the satisfaction of the City for the relocation of the roadway for the anticipated redevelopment of West park. If a like-kind dedication is not made within five (5) years, then the City may, upon demand, require payment of$62,222.58. SECTION 5. No vested rights shall be affected by the provisions of this ordinance. SECTION 6. Severability. If anyone or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 2 Street Vacation- Russell Road SECTION 7. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ,2005. PASSED by the City Council the day of ,2005. DAREN NYGREN, Council President Approved this day of ,2005. CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: Paula Johnston, City Clerk ROGER A. LUBOVICH, City Attorney ,2005. ,2005. day of day of PUBLISHED the EFFECTIVE the ORDINANCE NO. 3 Street Vacation - Russell Road DATE SUBMITTED: August 16, 2005 BILL # 05 -.2c;2..1 AGENDA BILL CITY OF BREMERTON CITY COUNCIL fA ........................................................................................ SUBJECT: Resolution No. ;}'l eO amending Rules and Procedures for the City Council Committee Meeting Date: September 14,2005 COUNCIL MEETING Date: September 21,2005 Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: The City Council desires to update the Rules and Procedures for the City Council to provide for attendance at meetings via telephone. The proposed resolution amends the current rules of procedure to provide for attendance at meetings via telephone. ATTACHMENTS: Proposed Resolution FISCAL IMP ACTS (Include Budgeted Amount): None APPROV ALS: DEPARTMENT DIRECTOR: /" CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: CONSENT AGw I move to pass Resolution No. 1 'f. ~ 0 , amending the Rules and Procedures for the City Council. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action RESOLUTION NO. ;let 00 A RESOLUTION of the City Council of the City of Bremerton, Washington, amending the Rules and Procedures for the City Council as adopted by Resolution No. 2951. WHEREAS, the City Council adopted Resolution No. 2951 on January 26, 2005, which adopted Rules and Procedures for the City Council to conduct its business; and WHEREAS, the City Council desires to update the Rules and Procedures to provide for telephonic appearance at meeting; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Rule 1 of the Bremerton City Council Rules and Procedures, entitled "Meetings" is hereby amended to add the following Section 7, entitled "Telephonic Appearance:" 7. Telephonic Appearance: In the event of emergencies or other circumstances the Council President may deem necessary, the Council President may approve a Council Member's appearance at a meeting via telephone. However, appearance via telephone shall only be approved in furtherance of essential city business or to satisfy the requirement for a unanimous vote of the full council. The rules and procedures for permitting a Council Member to attend a meeting via telephone are as follows: (a) In no event shall the Council President approve a Council Member's telephonic appearance unless satisfactory equipment is available. i. Satisfactory equipment shall mean any telephone equipped with a speakerphone function capable of broadcasting the Council Member's voice attending via telephone clearly and sufficiently enough to be heard by those in attendance at the meeting. Additionally, the telephone must allow the Council Member to take and answer questions as posed from time to time. (b) For circumstances other than emergencies, the Council Member unable to physically attend a meeting but wishingneeding to attend via telephone should provide sufficient advance notice to the Council President. (c) During any meeting that a Council Member is attending via telephone, the Council President or presiding Council Member shall state for the record that a particular Council Member is attending via telephone and the reasons for such attendance. (d) Council members appearing via telephone may participate and vote during the meeting as if they were physically present at the meeting. (e) Council Members appearing via telephone shall comply with all rules and procedures as if they were physically present at the meeting. 1 Council Rules and Procedures - 2005 Amendment SECTION 2. Severabilitv. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. day of PASSED by the City Council of the City of Bremerton, Washington this _ ,2005. DAREN NYGREN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, City Clerk R:\LEGAL\Resolutions\City Council\Council Rules and Procedures-Z005 Amendment-doc 2 Council Rules and Procedures - 2005 Amendment I'ctty gou~Eil ~1el~E!l2Qe'#gi>e~~ran~e ..' '" From: "Will Maupin" <willmop@comcast.net> To: "'Daren Nygren'" <daren1698@yahoo.com>, "Roger Lubovich" <rlubovich@ci.bremerton.wa.us> Date: Thu, Sep 15, 2005 7:37 PM Subject: Telephone Appearance After thinking about this issue after last night's study session, here are some additional thoughts on this issue: 1. In a non-emergency situation, telephonic appearance should only be used when we need additional Council members to achieve a quorum or a complete Council and there is an urgent need for action. In this case, all Council members who cannot attend in person should be offered that option. 2. In the case of an emergency (as defined by the WAC) that prevents a Council member from attending in person, they should be offered the option of telephonic appearance. This would apply even if we already have a quorum. This is a change from what I said last night. I think only those persons who can legitimately argue that the emergency is the only reason they cannot attend should be allowed to appear via telephone. I was thinking about this last night when someone posed a situation where both bridges were closed. That got me thinking that we should not penalize a Council member who wants to participate in the debate and vote on an issue but is unable to attend the meeting because of something out of their control. Will cc: "'City Council'" <CityCouncil@ci.bremerton.wa.us> W:::=wu:::~"""."~'#'.#'~:.E~g~, 1 ;1 I,CCityC=ounsI:=-(h~R~ir~an~[~()rt::~:f~m~ g?uncil }VaD~'T 0 JLlsrPhone It I fl,!m mM==~~m 'm' . ,m//p__ft'''''''''''' ~ :'J::>.~g~ III From: To: Date: Subject: <GoJoe1966@aol.com> <astrosn ider@kitsapsun.com> Tue, Sep 20, 2005 11: 11 AM The Rollman Report: Brem. Council Wants To Just Phone It In! Tuesday, September 20, 2005 Tomorrow,(Sept. 21,2005) the Bremerton City Council is to vote by resolution to adopt an amendment to the city council rules and procedures to allow a council member to call in their votes during an emergency-such as when they are held up in a meeting at their regular "day job" or on a state ferry en route to Bremerton or even on vacation in Nevada or LA. So what's wrong with this picture?! At the risk of being accused of being a repetive "I warned you this would happen" mantra, allow me to continue: when I was on the city council (2000-2003) this amendment proposal came up once before briefly and was wisely shot down by council majority because it was neither a top money or time saving proposal nor was it then or now a top priority in need of council's crucial time and attention. So what's changed? Well,starting with the 2001 and 2003 city council elections, an elite group of special interest group citizens who ,in their minds, are untouchable upper crust members of Bremerton's connected well-to-do with alot of time on their hands and no real proposals of crucial merit or significance (to help move Bremerton forward) got themselves elected to the city council and,when faced with the choice of spending time at their elected city council jobs or spending time at their day jobs decided to see if they couldn't spend most of their time at their day jobs-whoola,the new resolution to change their dilemma and allow them to just, "Phone it in!" The "elites" as I will call them in this article, seem to act and feel as if even attending council meetings is just too much of a chore for them, why should they bother to get their hands dirty with the city's business-something they seem to abhorr so much today?! And,with such a proposal,they seem to be sending the very loud and clear message that: "Our day jobs are much more important than our city council jobs and we just can't possibly have the time to attend such meetings and do the job the citizens elected us to do." To which I contend we should all say,"Rubbish,if you can't attend meetings and do the job we elected you to do then step down and let responsible citizen's who will do them with energy,fresh,new ideas and commitment come in and do the job you were elected to do!" But the "elites" won't understand this call for public service and responsibilities, they'll be too busy circling the wagons and ducking their responsibilities-:"This WASN'T MY IDEA" they will now say,"Someone in accounting brought us this idea, besides I'm too busy worrying about getting my firm that next city contract and I can't be bothered with such intrusions in my personal time anyhow!!" Meanwhile our city sorely needs a new business recruitment team in place along with a viable marketing plan and a Nascar Team to investigate and explore our options there (county and city roads neep repairs/replacement anyway,Nascar may help us achieve this), a new call for a re-Iook at the Growth Mangement Act (which is currently trampling on the rights of developers and relators at alarming and unreasonable rates). Instead, at least before this Bremerton City Council, we get this "phone your vote in" resolution as a key, top priority. What's wrong with this picture indeed! Bremerton City Council should vote no on phoning it in! Unless,ofcourse, they want Councilman Zellwenger's wife calling in his vote for him or Councilwoman Gena Wellwisher's sister impersonating her voice and casting her vote for her by phone-where voices cannot be verified. Sound like a good, well thought out and much needed, Top Priority to you? Or have the "elites" wasted our time and tried to pUll a fast one on us all yet again?! Ed ROllman, 626 Highland Avenue,Bremerton,Wa. 98337 (360) 792-0597 Sept. 20, 2005. I City Council,=,I!1e R,2!,lma~J~epgEt,,~rel!}:'~(,~npiL'Y\i~~t~"I~L~,~st P~,~ne I(I~L~":,, cc: <bel@reidrealestate.com>, <Belfair@windemere.com>, <cbozeman@ci.bremerton.wa.us>, <citycouncil@cLbremerton.wa.us>, <calvarez@ci.santa-ana.ca.us>, <daren 1698@yahoo.com>, <editor@bremertonpatriot.com>, <jbrody@Kitsapsun.com>, <jcam pbell@Kitsapsun.com>, <marathonerm ike@comcast.net>, <nicholas@nytimes.com>, <rhorn@kitsapsun.com>, <stevestagner@wetapple.com>, <sware@kitsapsun.com>, <bjean@cityofup.com>, <Bobwnters7@aim.com>, <biznews@wetapple.com>, <hmiller@prodigy.net>, <ewilliams@kitsapsun.com>, <m .Ievy@kitsapsun.com> '~'::~'_WhWPa" eW2] ""~ ",,,,,,9_, DATE SUBMITTED: BILL # 0 5- ;;L:L-3 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 18 ........................................................................................ SUBJECT: Sale of Fire Station 1 Committee Meeting Date: September 14, 2005 COUNCIL MEETING Date: September 21,2005 Department: City Council Presenter: Daren Nygren Phone: 473-5280 SUMMARY: The City has received two proposals to purchase Fire Station 1. One from the Port of Bremerton for the location of a fire museum and another from Lex Diamond Company for locating a restaurant. o..vul 0 -9+1-e., e :; fo..c. e.. , ATTACHMENTS: 1) Proposal from Port of Bremerton; 2) Proposal from Lex Diamond Company FISCAL IMPACTS (Include Budgeted Amount): APPROV ALS: DEPARTMENT DIRECTOR: ~__'" --> CITY ATTORNEY: ~ __~ FINANCE DIRECTOR: ~ ~ - _. MAYOR: I ( .n - --.. QHY\M~ -tree.. 9/ I Lf /05 I I ('1) vnVYli %-ee..- q It If! oS y"'^'- 'v1~- RECOMMENDED MOTION: Move to approve the sale of Fire Station 1 to the amount of $ and authorize the Mayor to finalize and execute all documents necessary in order to close the transaction. FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: CONSENT AGENDA D III COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action '"- , :' -':',:,,; ";,, I Pt,J; E~;EJJE>=;T':'" F J PE DEPT : :: ':',':'n -:-' .::" r:. = :;".::' :,,;;r;::~;\ ' ((":5;':"" I [J: i: /' :) i= j ~~:.:2~.-;'".....~.......''v\~'':;:;---''''' .:..--...-" .'J-' . . "!Vi .~~~~' rl. ,;; ;j ;i!~lfL/ .,' /Z-:!Lf:/ '::~ .i~~,hV~..t/~I;J;;~/ !~,.. f ,(.:J!;-~,;. ,.l!li(//Y~il~,,'f' lV" :'r,Pry ,I J/J;' tP:' PotU mMMISSlmlERS Mary .~nn HunHnglon Chel1/11<incar 3i1! Mahan GE9JER.4l.. Gr-f!(~S 3850 S.W. State Hwy. 3 ?ort Orchard, WA 93367 BUS: {360) 674-'l331 FAX; (360) 67'1-2307 1-800-462-3793 www.portofbremertol1,org 311EMERTON NATIONA1. ,~IRPO~T (360) 674-2381 DIJfMPI( 'J:I:W BUSilllESS AND 1~,lIJUSIR1AL rAm, (360) 674-2381 i=>OIU ?)~GMRID ;"vlAf-INA (360) a76-5535 !3Rfl\1lER10jIJ J1AAttl~JA (360) 373- J 035 " 1,/ :...r' ~ . ~ G Ij~ ',,'.1 May 26, 205 :Mr. Gary Sexton, Director, Department of Community Development City of Bremerton 345 6th St, Suite 600 Bremerton, W A 98337 Re: Letter of Offer to Purchase City Fire Station Dear Mr. Sexton: As a follow-up to our letter to the Bremerton City Council dated May I I, 2005 (enclosed), the Port ofBremerton hereby submits its proposal for the City ofBremerton's consideration to purchase the existing fire station at street address 817 Pacific Avenue, Bremerton, Washington. The elements of the proposal, in accordance with the City Notice and subject to negotiation, are as follows: q Purchase Price: $325,000.00 cash .. Purchasing Person: The Port of Bremertoll. The Port has extensive real property acquisition and property ownership and development experience however the purpose oftrus proposal is to locate a proposed flIe service museum known as the Fire Service Museum Northwest (FSMNW) and related uses on the premises, as conditioned below: o The Port intends to purcbase the property, and lease to the museum with an option for the museum to purchase the property. o The lease wouLd require specific perfonnance criteriia as a conditien of the lease for it to remain in effect. These criteria could include growth in measurable elements such a.s ticket sales, memberships, fundraising, retail sales and grant acquisitions. These criteria would be used to assure the property is used in a manner that benefits the economy of the City ofBremerton. <J Timen-ame of use of proposed purchase: Negotiated lease between the Port and the FSM:NW is expected within 60 days following signing of the Purchase and Sale agreement €I Description of Use: The Pan intends to lease the property to the FSMl'-lW _ _ _ ._ _ _ 1_ 1 ~ _ .L _ _ _ . ;.. , . Gary Sexton City of Bremertoll May 26, 2005 Page 2 premises as a museum. In addition it would be the Port's intent to facilita.te both a retail . store (gift shop) and restaurant/pub at the site to support the museum use. The Port senior staffhas extensive experience in such uses of a public facility. In addition, the original administrative spaces will be subleased to reputable businesses or agenci€:s which could further contribute to the city economy in terms of jobs and tax revenue. <it The Port sees this museum as a way to display vintage fIre fighting equipment and to house a variety of "hands-on" and educational activities to honor rue fighters who have served over the past several decades including state-of-the-art inter-active educational learning center. The Port shares the City's interest.in drawing customers and tourists to the downtown area. It is particularly important for the Port, as we anticipate the expansion of our downtown marina, that the City offer a wide variety of attractions that will first draw the visiting boater to the community to tour, shop and recreate. The Fire Museum is certain to be an appealing venue to this customer base. . RetainlRemodel Intentions: Our intended lessee, the FS1v1NW, intends to retain the art- deco building structure. In addition, FSl.\IfN\V plans include a further extension of the "art-deco" fa~ade over the 1981 administrative addition. ' The Port asks the City of Bremerton to give this proposal its most serious consideration. If you have any questions as to the provisions of this proposal, please contact Tim Thomson, Port Chief Operating Officer, at (360) 674-2381 Extension 24. Sincerely, ~ .-7 I ~:;~ ,rJ " ~~f-&,ttJlft~W&futt/ Kenneth Attebery"'--.../ Chief Executi,ye Officer ::~:f' 07/01/2005 14:09 13604735850 KCCHA May 19, 2005 GARY SEXTON Director. Economic Development City Of Bremerton Dear GSt:"Y, Enclosed find my proposal to purchase the fire s~ation. 1 really like to own it. Please look at this propoaa~ and let me know if I'm missing something. If you need a check, please let me know for how much. And if you want: the full amount>> 1 t will be okay for me too. Thank you. Sincerely, Elfe Benaron CEO Lex Diamo MAY 2 0 2XlS ,J PAGE 02 ".; ~~ ~ "', 07/01/2005 14:09 13504735850 KCCHA PAGE 03 .~'::I:~~'" Addendum. "B" Purchase and Sale A,greement on tbe Bremerton City Fire. Station 817 Pacific Ave. Bremerton W A 98337 . Tbe following is iDformatioD'l"equested for the submission of a proposal as outUned in the BremertoD Sun 1. Cash Priee PI1DO.aJ: Buyer.has the ability to plJrohasc the subject property for $350.000 within sixtY (60) days from mutual acceptance. 2. Detc:rintion of furchasml! Persol: The buyer has been in the wh~lcsalc diamond industry for over 30 years, located in California. Real property 'owner&bip has been limited to purchasB and .ales of singl~ and multi family residences located in tho CaUfornia 2I'OL . 3. Time Frame: The buyer is able to begin renovations of the subject p.roperty within 30 days of closing~ contingent upon all pertinent applications and permits ,required and il'anted by the City ofBremerton. 4. PrODol~ U.,: It is the buyer's intention to use the brick structure on the north end of the subject property to open a wholesale diamond store. ';fhe Fire Station will be utilized as a Pool Hall and some office space. . ' S. Pro~rtv :exterior ,QlsuolltioR: It is the Buyer's inte:o.tion to keep at least 95% oftbe existing UArt Deco" exterior in place for at leat five year:s after tbe closin,. Any alterations will be IUbject to all applicable City of Bmnerton pennits. After thi,l initial fivo year period the buyer reSCl"Vee the right to alter the structure to .reflect market c~ndidons to obtain prospective rente.rs or bayers. Again, all alteration, will be subject to all applicable City ofBr=:nert,n P.,rmi~. It should be understood that this informati.on is a generjlily. Any additional information or clariflcatio.n of details ,18' available d:irectly from the buyer. Buyer Is willing to mee.t w.itb and recelve,.suggesdons from the Bremerton C:ity Council tbat , wiD facilitate'the purchase of the subject propeJ'"ty.. All terms and conditions are negotiaple. ~o--:::: ' BUYER: ~ _~ ELIE BE~r''''- LEX DlA1'10ND COMPANY .. 550 S. aill $t. Su1te # 1363 Loa Angeles,' CA 90013 "-~-~,<:::-: CHREY'S FINE JEWELRY 320 PACIFIC AVENUE BREMERTON, WASHINGTON 98337 (360) 479-4220 Dear City Council Our group of Chrey's Jewelry and Ellie Benaron are excited to report that the owner of the very successful Tacoma brew Pub- Engine House Number 9_ would like to join our group. The owner Mr. Dick Dickens has 48 years of experience in the restaurant business. Mr. Dickens is interested in working with us in this pursuit. Mr. Dlckens is bullish on the growth of Bremerton and loves the architecture of the site. Our group would need four weeks due dilligence to creat a package agreeable to the city comp plan and one that would add to the city tax revenue. Than~ you for your consideration. Sincerely, Bryan Chrey ..'--.... ~.J ,A~-" "'~~c J .,' .;' ",,/ " // ~ /J (7d' /1 . A .-. ///{/tLJ-