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HomeMy WebLinkAbout11/25/03 AGENDA FILE 239 4th Street · Bremerton, WA 98337 · Phone (360) 478-5280 ° Fax (360) 478-5251 CITY COUNCIL MEETING AGENDA TUESDAY, NOVEMBER 25, 2003 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in Council Conference Room A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in Council Chambers A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA A. Minutes of Meeting - November 12, 2003 (#AB03-218) B. Minutes of Meeting - November 19, 2003 (#AB03-219) 7' C. Hiring of Jonna Koehn for Municipal Court Services Manager Position (#AB03-220) CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION - Comments limited to 3~minutes 8. NEW BUSINESS A. Contract Renewal for Parking Enforcement with Diamond Parking Services (#AB03-221) I~' 9. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS A. Ordinance [First Reading] creating B.MC. Chapter 2.01 relating to PERS Eligibility (#AB03-222) 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING E-mail: citycouncil@ci.bremerton.wa.us · Web: www. ci.bremerton.wa.us DATE SUBMITTED: November 3,b, 2003 BILL # U-3~' AGENDA BILL CITY OF BREMERTON CITY COLrNCIL ~& SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A November 12, 2003 COUNCIL MEETING Date: November ,l.~, 2003 Department: City Council Presenter: Carol Arends Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held November 12, 2003. ATTACHMENTS: Minutes for November 12, 2003 FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action I TAPE #1921 CITY COUNCIL MEETING MINUTES November 12, 2003 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, November 12, 2003, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Will Maupin, Mike Shepherd, Ed Rollman, Daren Nygren, Cecil McConnell, and Wayne OIsen. Council Member Eric Younger was absent, Also present were City Attorney Roger Lubovich; Deputy City Clerk Paula Johnston; and Council Assistant Christine Grenier Ellingson. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Pastor Rick Beaudr~ of Calvary Chapel. President Arends made the following announcements: 1. The Pre-Council session was held in the Council Conference Room from 5:00 to 5:30 PM to discuss updates to the agenda; and 2. Council will continue to hear "FY 2004 Budget" presentations during a Study Session in the Council Conference Room immediately following the Council Meeting tonight. CONSENT AGENDA A. Minutes of Meeting - October 22, 2003 (#AB03-207) B. Minutes of Meeting - October 29, 2003 (#AB03-208) C. Hiring of Edwin T. Lever as Engineering Project Manager (#AB03-209) Contract Award to T. BAILEY, INC. for Reservoir No. 19 Standpipe Tank Repair and Seismic Upgrade (#AB03-210) #0050 M/S/C/U (McConnell/Olsen) Move to approve Consent Agenda as presented. Mr. Shepherd arrived at approximately 5:40 P.M. and therefore was not available for this vote. CLAIMS & CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0070 M/S/C/U (McConnell/Olsen) On November 12, 2003, the Council approved payment for Check Numbers 285633 through 285872; P7919; and EFT-7920, EFT-7922 through EFT-7924, and EFT- 7927 through EFT-7932 in the total amount $1,598,377.04; Regular Payroll in the amount of $1,186,167.33 for the period ending October 31,2003; and Retiree Payroll in the amount of $142,034.07 for the period ending October 31, 2003. COUNCIL MEMBER REPORTS Wayne Olsen thanked all of his supporters in the election and hoped everyone would support his successor Brad Gehring as the new District #1 Council Member. Cecil McConnell also thanked voters for their support, and all those who took the time to vote that day, no matter which candidate they supported. Daren Nyqren thanked everyone who came to the Open House event sponsored by Manette businesses, and thanked Sherril Huff-Menees and the Public Works Department for preparing the exhibits. He announced the next District 3 Meeting would be held on Tuesday November 25 at 7:00 P.M. at the Manette Senior Center located at East 13h & Nipsic Avenue, and that meeting would provide citizens an opportunity to review and ask questions about the City's proposed FY 2004 Budget. TAPE #1921 City Council Reg. Mtg. Minutes November 12, 2003 Page 2 of 5 Ed Rollman looks forward to the downtown revitalization yet to come; hoped that others would recall the sacrifices made by soldiers and remember the fallen on Veterans Day; and thanked Council Member Mike Short and Will Maupin for their input in the budget process on health care for employees, Mike Shepherd commented on the events of the First Friday Art Walk; and was pleased that so many veterans were honored on Veterans Day. Will Maupin reported on his attendance at the Kitsap County Board of Health and Kitsap Transit Board Policy Board meetings; thanked Captain Dargan for conducting the tour of the USS BRIDGE and thanked Lieutenant Commander Scott Miller for providing a tour of the USS CARL VINSON; and commented on the First Friday Art Walk events and Manette Open House. Mike Short encouraged citizens to attend one of the Open Houses for the "DOWNTOWN PEDESTRIAN & BTC ACCESS IMPROVEMENTS" to be held from 4:30 to 8:00 P.M. at West Hills Elementary School on November 13 and at Mountain View Middle School on November 17. He also commented on his attendance at the First Friday Art Walk. Carol Arends announced a neighborhood meeting would be held at 6:30 PM. on Monday, November 17t" at the Summit Avenue Presbyterian Church with a presentation by Sister Pat Millen of Catholic Community Services, but noted there would be time to discuss alternate locations and to answer any questions. She also discussed her attendance at the First Friday Art Walk and several Kitsap Regional Coordinating Council (KRCC) meetings. MAYOR'S REPORT - Mayor Bozeman,.. · Met with the owners of ANTHONY'S RESTAURANT and discussed the possibility of building a restaurant in Bremerton, specifically along the waterfront; · Noted the SEATTLE TIMES would be writing a major article on Bremerton revitalization; · Discussed a marketing report done on Eastpark and explained a key issue remaining to be addressed is that there is no infrastructure on that site; · There will be an upcoming meeting with Congressman Norm Dicks and Bremer Trust to acquire property for a parking garage in the downtown area; · There is interest in investing downtown whether for business opportunities or real estate development. · Commented on his willingness to improve patrols in neighborhoods that need more emphasis and increasing job availability for minorities. · Has been following up problems inherent in the ferry system. PUBLIC RECOGNITION Gordy Byrd was pleased with the Mayor's comments that property may not be turned into a parking garage; and announced that the collection jar is no longer at SMILEY'S SUBS but is now located at C~TY SMOOTHIES at 236 1st Street. Fire Chief Al Duke asked for citizens to contact FEMA at (800) 621-3362 if anyone received property damage during the major rainstorm that occurred about 3 weeks ago. Bob Jaenicke submitted a complaint regarding service from the Police Department and asked Council to consider hiring more detectives to help the citizens. Kathleen Story thanked the Fire Department for all of their help in pumping out water from her residence during the recent storm. TAPE #1921 City Council Reg. Mtg. Minutes November 12, 2003 Page 3 of 5 8A- GRANT OF EASEMENT TO PUGET SOUND ENERGY (#AB03-212): RoRer Lubovich, City Attorney, explained that the PUGET SOUND ENERGY Facilities were damaged during a storm. In order to conduct repairs and mitigate damage, it was necessary for PUGET SOUND ENERGY to place facilities in a location other than within current easement areas. The proposed easement grants an easement to PUGET SOUND ENERGY for placement of the facilities in necessary areas. There were no comments from the public. #0930 M/S/C/U (Nygren/McConnell) Move to approve the grant of an easement to PUGET SOUND ENERGY for facilities in the areas described in the proposed easement, and authorize the Mayor to execute the easement with substantially the same terms and conditions as proposed. 9A - PUBLIC HEARING and RESOLUTION NO. 2912, NAMING THE BOARDWALK IN HONOR OF FORMER MAYOR LOUIS MENTOR (#AB03-213): Jim Spencer, Parks & Recreation Director, stated that Louis Mentor, long time civic leader and former Mayor, passed away on September 18, 2003. As a tribute to Mr. Mentor's long standing commitment to the City, a group of downtown business people proposed naming the Boardwalk in his honor. This facility, which many view as the vital first step in reviving the City's downtown core, best exemplifies his legacy since he fought for its completion during his term as Mayor in the early 1990's. A subcommittee of the Parks & Recreation Commission was established during the September 23 Parks Commission Meeting to determine an appropriate name to honor Mr. Mentor. This subcommittee established the name "Louis Mentor Boardwalk". This name has been approved by the Parks & Recreation Commission and is recommended to the City Council for adoption. Bob Jaenicke believed in the naming of this boardwalk after Louis Mentor since the boardwalk has been responsible in bringing revenue to Bremerton. Ralph Monroe thought there was no better way to remember Louis Mentor than to name the boardwalk after him. Mr. Olsen was pleased and proud that the Council could bring this issue to fruition. Mr. Rollman supported this resolution and pointed out that naming a park or facility is only done for those that have performed exemplary service. Mr. Maupin recalled Louis Mentor's involvement in bringing the statue to the boardwalk and all of his work involved in completing the boardwalk. Mr. Shepherd commented that the boardwalk brings different elements of Bremerton together, such as the marina, parks, and shipyard. #1300 M/S/C/U (Olsen/Rollman) Move to pass Resolution No. 2912 naming the Boardwalk the "Louis MENTOR BOARDWALK". 9B - PUBLIC HEARING AND ORDINANCE rFIRST READING] AMENDING B.M.C. CHAPTER · 11,02 RELATING TO RIGHT-OF-WAY USES (#AB03-214): Roqer Lubovich, City Attorney, pointed out that current provisions of the Bremerton Municipal Code do not provide adequate provisions relating to the identification and removal of nuisance debris, property and utility facilities. The proposed ordinance updates the provisions of Chapter 11.02 relating to nuisances in the right-of-way including utility poles and facilities and further amends provisions relating to violations, appeals, and enfomement of violations. He specified that this amendment allows for enforcement of abandoned utility poles up to 90 days and provides for a specific timeline for appeals. There were no comments from the public. TAPE #1921 City Council Reg. Mtg. Minutes November 12, 2003 Page 4 of 5 Mr. Rollman asked if these changes apply to underground conduit. Mr, Lubovich answered that this ordinance only applies to above ground poles. #'1425 M/S/C/U (Rollman/McConnell) Move to pass the proposed ordinance on first reading. 9C - PUBLIC HEARING AND ORDINANCE [FIRST READING1 GRANTING PUGET SOUND ENERGY A FRANCHISE (#AB03-2t5): RoRer Lubovich, City Attorney, mentioned that the proposed ordinance grants PUGET SOUND ENERGY, INC. the right, privilege, authority, and franchise to install and maintain their facilities within and upon the City's rights-of-way for purposes of transmission, distribution and sale of energy for power, heat, light and any other purpose for which energy can be used; and to charge and collect toils, rates and compensation for such energy and such uses. This franchise would be for ten years which is allowed by the City Charter. Also included in the franchise are provisions for revocation of the franchise. Don McDaniel of PUGET SOUND ENERGY, assured Council that PSE is planning for the needs of the community and will be constructing facilities to better provide energy at affordable rates rather than depending on the open energy market. #1760 M/S/C/U (Shepherd/Olsen) Move to approve the proposed ordinance on first reading. 9D - PUBLIC HEARING AND ORDINANCE [FIRST READING] LEVYING PROPERTY TAXES FOR COLLECTION IN 2004 (#AB03-215): Michael Wilson, Finance Director, explained that the City's property taxes ara levied on an annual basis through passage of an ordinance. The proposed ordinance will implement a general property tax levy and a voted EMS levy at the statutory rate limit as well as a bond redemption levy at a rate adequate to provide funds necessary to meet debt service obligations. He pointed out a correction in Section 1 as the proposed increase in property tax revenue of $50,572 not $67,852 as listed. There were no comments from the public. #1930 M/S/C/U (McConnell/Olsen) Move to approve on first reading the ordinance levying property taxes for collection in 2004. 9E - PUBLIC HEARING ON PROPOSED FISCAL YEAR 2004 BUDGET (#AB03-206): Mayor Cary Bozeman and Finance Director Michael Wilson provided an overview of the City's proposed FY 2004 Budget. The City is required by State statute to hold three public hearings on the budget prior to adoption. The first public hearing was held on October 29, 2003. This is the second public hearing. It was also noted that budget information is available on the City's website. Mr. Wilson provided a summary of the different types of funds and the various services provided by the individual departments. The budget is being presented with a 2.6% increase over last year's budget which includes salary increases and compensating for increased benefits costs. It is the intent of administration to maintain the current level of services. Highlights include... · There is specific concern over the Streets Fund since the State is no longer collecting funds from MVET which historically would be about $900,000 and the City is not receiving any funding of this magnitude to continue to bolster this fund. The General Fund must then be used to supplement the Streets Fund. Unfortunately, the proposed funding will allow the Streets Department to continue basic maintenance only like asphalt overlay, and not include any large scale road improvements. A potential short term solution may include a 2% increase in the parking tax which may draw up to $50,000. TAPE #1921 City Council Reg. Mtg. Minutes November 12, 2003 Page 5 of 5 · The City has a strong obligation to meet debt obligations for capital projects and CSO improvements. Future objectives will include completing a rate analysis study for the utilities which may result in revenue if new rates are adopted. · The Equipment Rental Reserve Fund has been modified such that any vehicle maintenance costs will be absorbed into the ERR Fund and that will allow for predictability of replacement. · The Information Technology Department shall have its own internal service fund instead of being part of the General Fund. · There has been the addition of a Police and Fire Pension Fund which receives money from the General Fund. · The proposed budget for 2004 is $143,181,043. Paul Drnievic asked why the Budget Ordinance or Section 2 of the proposed budget was not released to the public, Mr. Wilson answered that the ordinance is in draft format, is available on the website, and will be provided to the public in final form at a later time. The ordinance is available to the public at this time, There is no Council action required at this time. The meeting of the City Council was adjourned at 6:55 P.M. The Council then reconvened in the Council Conference Room for a Study Session to hear presentations on the proposed "Fiscal Year 2004 Budget". Prepared and Submitted by: CHRISTINE GRENIER ELLINGSON Council Assistant Attest: PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton CAIP JIIslcge DATE SUBMITTED: November 20, 2003 BiLL # ~/,~ - ,-Qt' t~' AGENDA BILL CITY OF BREMERTON 3B CITY COUNCIL SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A November 19, 2003 COUNCIL MEETING Date: November 25, 2003 Department: City Council Presenter: Carol Mends Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held November 19, 2003. ATTACHMENTS: Minutes for November 19, 2003 FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action ? TAPE #1922 CITY COUNCIL MEETING MINUTES November 19, 2003 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, November 19, 2003, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Will Maupin, Eric Younger, Mike Shepherd, Ed Rollman, Daren Nygren, Cecil McConnell, and Wayne Olsen. Also present were City Attorney Roger Lubovich; Deputy City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Reverend Paul Meeker of our Saviour's Lutheran Church. President Arends made the following announcements: 1. The Pre-Council session was held in the Council Conference Room from 5:00 to 5:30 PM to discuss updates to the agenda; 2. Council will continue to hear Budget Presentations during a Study Session in the Council Conference Room immediately following the Council Meeting tonight; and 3. A Study Session has been scheduled Thursday, November 20, beginning at 5:15 P.M. in the Council Conference Room to continue discussions on the proposed FY 2004 Budget. CONSENT AGENDA A. U.S. Department of Justice COPS Homeland Security Overtime Program (#AB03-216) #0020 M/S/C/U (McConnell/Rollman) Move to approve Consent Agenda as presented. CLAIMS & CHECK REGISTERS - There was no check register this week COUNCIL MEMBER REPORTS Wayne Olsen announced that because he was appointed rather than elected to fill the District 1 position, this would be his last meeting now that Brad Gehring was elected to complete the term. He also discussed the recent Central Lions Dinner and Auction, and thanked both the donor and bidder for a tie donated in honor of Louis Mentor, which raised $4,000. Cecil McConnell thanked Wayne for his six years of service to the City and wanted him to know that he will be missed. Daren Ny.clren hoped to continue his friendship with Wayne since he has learned a groat deal from him as a Council Member; and encouraged citizens to attend the next District 3 meeting on Tuesday, November 25 from 7:00 to 8:30 P.M. which will allow citizens to review and ask questions regarding the proposed "FY 2004 Budget". Ed Rollman also thanked Wayne for all of the time he has given to the City; and told a story about a visit to Bremerton from late President John F. Kennedy. Mike Shepherd announced the next District 5 neighborhood meeting would be held on Thursday, December 18 beginning at 6:30 P.M. at Memorial Lutheran Church located at 10th & Veneta which will include updates on the budget and downtown transportation improvements; and expressed his appreciation for Wayne's knowledge and stability that he brought to Council. TAPE #1922 City Council Reg. Mtg. Minutes November 19, 2003 Page 2 of 3 Eric Younqer told Wayne he would miss him; and expressed his appreciation for Ed's history briefs. Will Maupin thanked Wayne for his leadership; and discussed his attendance at the Puget Sound Regional Coordinating Council's Growth Management Policy Board meeting in Seattle on Thursday; and his attendance at the Open House providing information on options for Bremerton Pedestrian Access Improvements. Mike Short stated that he too attended the Open House to learn of the options for Bremerton Pedestrian Access Improvements; and also attended the Public Meeting regarding the proposed homeless shelter; and appreciated Wayne's advice throughout the last year. Carol Arends recalled experiences she shared with Wayne and hoped to see him again in the future; and discussed a number of meetings she has commented on the neighborhood meeting held on Monday regarding a proposed men's shelter. MAYOR'S REPORT - There was no Mayor's Report this week. PUBLIC RECOGNITION Del Knauss read a statement to express his concerns with the FY 2004 Budget proposed by the Mayor and the Administration; and asked the Council by what authority is the City authorized to raise Municipal utility excise taxes to fund the general fund. Gordy Byrd expressed his support for the citizens who commit their time to serving the City as City Council members. Steve Kriebles did not see the need for the tunnel project and would like to see money spent on other road projects. 8A - RECOMMENDATION TO ALLOCATE HOME PROGRAM FUNDS TO HABITAT FOR HUMANITY FOR PURCHASE OF PROPERTY ON ARSENAL WAY [#AB03-217): Michelle Eichorn., CDBG Program Administrator, stated that the City of Bremerton is a member of the Kitsap County HOME Consortium and receives an annual allocation of HOME funds from the Department of Housing and Urban Development (HUD) to expand the supply of safe, sanitary and affordable housing for Iow income persons. City Council is responsible to make the final determination concerning use of the funds. There were no comments from the public. Mr. Shepherd applauded Habitat for Humanity for partnering with the City to encourage home ownership. #0915 M/S/C/U (Short/Olsen) Move to approve allocation of $69,000.00 to Habitat for Humanity from the HOME program funds. 9A - PUBLIC HEARING AND ORDINANCE NO. 4874 [SECOND READING1 AMENDING B.M.C. CHAPTER '11.02 RELATING TO RIGHT-OF-WAY USES (#AB03-214): First reading of the ordinance was heard on November 12, 2003. City Attorney Ro.qer Lubovich was available to address any concerns. There were no comments from the public. TAPE #1922 City Council Reg. Mtg. Minutes November 19, 2003 Page 3 of 3 #0955 M/S/C/U (Rollman/McConneil) Move to approve Ordinance No. 4874 on second reading. 9B - PUBLIC HEARING AND ORDINANCE NO. 4875 rSECOND READING] GRANTINR PUGET SOUND ENERGY A FRANCHISE (#AB03-215): First reading of this ordinance was heard on November 12, 2003. City Attorney Roqer Lubovich, and Don McDaniel from Puget Sound Energy were available to address any concerns. #0995 M/S/C/U (McConnell/Olsen) Move to pass Ordinance No. 4876 on second reading. 9C - PUBLIC HEARING AND ORDINANCE NO. 4876 [SECOND READING] LEVYINC- PROPERTY TAXES FOR COLLECTION IN 2004 (#AB03-215): First reading of the ordinance was heard on November 12, 2003. Finance Director Michael Wilson was available to summarize the ordinance and to address any concerns. There were no comments from the public. #1105 M/S/C/U (Olsen/McConnell) Move to pass Ordinance No. 4876 on second reading levying property taxes for collection in 2003. The meeting of the City Council was adjourned at 6:08 P.M. The Council adjourned to the Council Conference Room for a Study Session to hear presentations on the Proposed "Fiscal Year 2004 Budget". Prepared and Submitted by: LORI SMITH Legislative Assistant Attest: PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton CNP JIIslcge 10 DATE SUBMITTED: 11/18/03 BILL AGENDA BILL CITY OF BREMERTON 8~, CITY COUNCIL SUBJECT: Court Services Mgr position Committee Meeting Date: 11/18/03 COUNCIL MEETING Date: Department: Municipal Court Presenter: Judge Docter Phone: 473-5215 SUMMARY: Due to the level of experience and education of our selected replacement we are requesting to hire at rate 4, $58,380.96, of the salaxy band (anything above rate 1 requires council approval) ATTACHMENTS: Salary Plan FISCAL IMPACTS (Include Budgeted Amount): No igtt~aet-a~ 200.~ is budgeted at current managers sall of $64,938 DEPARTMENT DIRECTOR: x.~ CITY ATToRNEy: OPERATIONS: COUNCIL PRESIDENT: RECOMMEN1)ED I~IOTION: Move to authorize employment of Jonna Koehn at band 12 r~,te 4 ~o~i~¢~,oN. []^~orove [] D~y [] ~le [] ~o~t~ue , ,~o^ction / DATE SUBMITTED: 11/6/03 BILL AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Contract Renewal for Parking Committee Meeting Date: 11/10/03 Enfomement with Diamond Parking Services COUNCIL MEETING Date: 11/25/03 Department: Finance Presenter: Michael Wilson Phone: 473-5590 SUMMARY: The City has contracted with Diamond Parking Services for on-street and off-street parking enforcement for the past five years. It is being proposed to continue contracting with Diamond for these services. The hours of enforcement and overall scope of services remain the same except security services for the parking garage and lots has been removed along with the associated cost. The City will be managing security issues directly. The proposed renewal contract is for $16,418 per month for 609 hours of enforcement with a 1% increase for year two. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): The proposed contract amount of $16,418 per month is currently budgeted for FY2004. APPROVALS: / / DEPARTMENT DIRECTOR: c T¥ ATTORNEY: FISCAL/BUDGET: OPE~TIONS: CO~CIL P~SIDENT: .~¢~ ~Z~.~ .... ~COMMENDED MOTION: I move to approve the professional semites agreement with Diamond Paring Se~ices for paring enforcement and autho~e the Mayor to final~e and execute the agreement in substantially the same form as approved COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] NoAction PROFESSIONAL SERVICES AGREEMENT DIAMOND PARKING, INC. The City of Bremerton ("City") and Diamond Parking, Inc. ("Diamond" or "Contractor"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: Diamond agrees to perform the services more specifically described in the Scope of Work, dated ., 2003, including any attachments thereto , attached hereto as Exhibit A, which is incorporated by reference herein. Diamond 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 term of this agreement shall commence on December 1, 2003 and continue for a period of three (3) years, expiring on December 1, 2006. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Diamond in an amount not to exceed $16,418 annually for the first year of this agreement, from December 1, 2003 to December 1, 2004, and $16,582 for the second year of the agreement, from December 2, 2004 to December 1, 2005. The City shall make equal monthly payments on or before the 15t~ of each month for the services provided. No later than September 1, 2005 Diamond shall provide the City with a proposal for compensation for the remaining term from December 2, 2005 to December 1, 2006. The City may either 1) approve such proposed compensation as part of its annual budget; or 2) disapprove of the proposal. If the City disapproves of the proposal, the City shall either 1) terminate the Agreement, such termination being effective December 1, 2005; or 2) make its own proposal for compensation for the remaining term of the agreement. If the City makes a proposal for compensation, Diamond may either 1) accept the proposal; or 2) reject the proposal in which case, the Agreement will terminate effective December 1, 2005. Diamond shall not be compensated for work beyond the Scope of Work unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. IV. Relationship of Parties: Diamond 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. Diamond and its personnel are independent contractors and not employees of the City. Diamond and its personnel have no authority to bind the City or to control the City's employees and other contractors. 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 Diamond. Diamond will be solely and entirely responsible for its acts and for the acts of Diamond's agents, employees, representatives and sub-contractors during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work. Bmmerton/Diamond Page I of 5 As an independent contractor, Diamond 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 Diamond or its personnel. As an independent contractor, Diamond 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 Diamond. V. Indemnification: Diamond 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 negligent or otherwise deficient 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 Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence~ IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'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. VI. Insurance: Diamond shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, and/or sub-contractors. Before beginning work on the project described in this Agreement, the Contractor shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for Bremerton/Diamond Page 2 of 5 personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; and employer's liability; and Any payment of deductible or self insured retention shall be the sole responsibility of the Diamond. All required policies shall be provided on an "occurrence" basis. The City shall be named as an additional insured on the Commemial General Liability insurance policy, as respects work performed by or on behalf of the Contractor and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Contractor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Contractor's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. 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. Ownership of Work Product: All data, materials, reports, memoranda, and any other documents developed under this agreement whether complete or not shall become the property of the City, and shall be forwarded to the City as requested by the City. The City agrees that if it uses products forwarded by Diamond for purposes other than those intended by this agreement, it does so at its own risk and agrees to hold Diamond harmless therefrom. B. Work Performed at Contractor's Risk: Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub Contractors in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor 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. C. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. Bremerton/Diamond Page 3 of 5 D. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. E. Modification: This Agreement may only be modified by written instrument signed by both Parties. F. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall 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. Copy To: City Address Contractor Address City Manager City Clerk Jon Diamond Diamond Parking 239 4t~ Street 3161 Elliot Avenue PO Box 809 Bremerton Seattle Bremerton WA 98337 WA 98121 WA 98337 G. 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. H. 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. ' I. Compliance with Laws: Diamond shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. J. 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. K. 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. L. Assignment: Diamond shall not assign any interest in this agreement without the prior written consent by the City, which shall not be unreasonably withheld. Any assignment of this agreement by the Contractor without the written consent of the City shall be void; provided, however, that claims for payment under this agreement may be assigned. VIII. Nondiscrimination: Contractor 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. Bremerton/Diamond Page 4 of 5 115 IX. Termination: This Agreement may be terminated, at will, by either party upon sixty (60) days notice. 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 (5) days of the terminating Party's sending notice to the non-performing Party. Rights Upon Termination: In the event of termination, the City shall pay for all services satisfactorily performed by Diamond 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 Contractor's possession pertaining to this contract which may be used by the City without restriction. Any such use not related to the project which Contractor was contracted to perform shall be without liability or legal exposure to the Contractor. CITY OF BREMERTON CONTRACTOR By: By: its: its: Date: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk Bremerton/Diamond Page 5 of 5 Exhibit A - Scope of Work General Provisions A. Vehicles: Diamond is responsible for supplying its transportation requirements including regulatory vehicles used in the performance of on-street enforcement duties. 1. All vehicles used by Diamond in its performance of this Agreement shall: (a) Be clearly identified as performing parking enforcement; (b) Be operated at all times in compliance with all state and local motor vehicle laws; (c) Have a prominent sign on the rear of the vehicle warning of frequent stops. 2. Upon request, the City agrees to maintain Diamond's regulatory vehicles under the following conditions. (a) In consideration for the services provided, Diamond shall pay the City the actual cost of parts, supplies, and subcontracted repairs used in the maintenance and repair of Diamond vehicles, together with shop time at the rate of Sixty five and no/100 Dollars ($65.00) per hour for the time spent in performing the repairs and maintenance. (b) Preventative maintenance of Diamond's vehicles will be performed at the same intervals and to the same standards as the City's non-emergency vehicles. Other repairs shall be performed on an "as-needed" basis. (c) The City shall provide Diamond with an invoice and supporting documents on a monthly basis. Payment shall be due thirty (30) days after mailing by the City. (d) The City will provide Diamond ninety (90) days notice of discontinuation of maintenance of any vehicle due to the end of feasible service life upon which the City will no longer maintain the vehicle on the above terms. 3. Foot and bike enforcement may be used by Diamond personnel in lieu of vehicles, as long as adequate patrol area coverage is maintained and compliance is met with all State and local pedestrian and bicycle laws. Ex. A Diamond Parking Scope of Work Page 1 of 11 B. Personnel and Staffing 1. Diamond will maintain staffed office hours Monday through Friday from 7:30 a.m. to 6:00 p.m. 2. Diamond will staff on/off street parking regulation and maintain enforcement hours pursuant to their discretion or as directed by the City to include: (a) On Street Enforcement - Patrolled with 505 hours monthly as follows: i. Emphasis hours to be performed during peak parking and collection demand times. ii. Minimum of two weekday early shifts beginning at 4:00 a.m. per month. iii. Minimum of two weekday late shifts ending after 8:00 p.m. per month. iv. Minimum of three hours per weekend for collections and patrols. (b) Off Street Enforcement - Patrolled with 104 hours monthly as follows: i. Enforcement of each off street parking location every day during the term of this contract. ii. Enforcement at a minimum of three hours per each weekend day. iii. Enforcement at a minimum of four hours per weekday. 3. Diamond shall be responsible for all aspects of recruitment and selection of parking enforcement personnel. (a) Individuals selected to enforce on street regulations mast qualify for a Limited Commission from the City of Bremerton Police Department. (b) Diamond shall employ only persons competent and skilled in the performance of the work assigned to them and shall provide skilled responsible supervision for such person. Diamond's employees shall: i. Not carry a firearm or other type of weapon while on duty; ii. Be in reasonably good health and taking no medication that would tend to effect work performance; iii. Be polite and courteous to all citizens; and iv. Comply with all existing State and local motor vehicle laws. Ex. A Diamond Parking Scope of Work Page 2 of 11 4. Limited Commission - Diamond shall provide the City of Bremerton Police Department with all personnel information required to investigate and issue a Limited Commission. The City shall review all information regarding a prospective enforcement employee prior to authorization of issuance of a Limited Commission. The City shall have the right, in its sole discretion, to refuse to issue a Limited Commission. 5. The following criteria shall be used in determining eligibility for a Limited Commission: (a) Possession of a high school diploma or G.E.D. Certificate; (b) Successful completion of a background check; (c) Successful completion of a reference check; (d) Possession of a current and valid Washington State Driver's License; and (e) No record of driver's license suspension or revocation. 6. Revocation of Limited Commission - Diamond is responsible for discipline and/or termination of employees with Limited Commissions. Limited Commissions may be revoked by the City under the following circumstances: (a) False information on application or provided during the interview process, or discovery of information that, in the opinion of the City would otherwise disqualify a person from consideration; (b) Failure to maintain a current and valid Washington State Driver's License; (c) Use of illegal drugs or alcohol in the workplace, or being under the influence of drugs or alcohol in the workplace; (d) Conviction of a misdemeanor or felony; or (e) Any other reason that makes the employee unsuitable for a Limited Commission. 7. As a condition of employment, all employees, including Diamond's managers and supervisors are subject to pre-employment drug and alcohol abuse screening. Random drug and alcohol screening shall also be required throughout the term of this contract. 8. Diamond shall provide all enforcement personnel with professional appearing uniforms consisting of shirts, trousers and jackets. Uniform jackets and shirts have attached patches on the sleeves with an emblem designating the wearer as official parking enforcement personnel. Uniform design must be approved Ex. A Diamond Parking Scope of Work Page 3 of 11 by the City. All enforcement personnel must carry photo identification and a copy of their commission while on duty. All personnel are to be in complete uniforms at any time they are engaged in enfomement duties, or appearing in court in matters relating to their employment. 9. Diamond shall be responsible for assuring employee compliance with all laws and regulations, compliance for all employment related laws and regulations, responding to inspections/audits by regulatory agencies and the City, and will pay any fines or assessments levied by regulatory agencies. C. Communications 1. All enforcement personnel shall have ready access to their supervisor and to the Bremerton Police Department. 2. Diamond shall maintain an Office in Bremerton and shall maintain a twenty four (24) hour telephone number accessible by the City. During patrol and parking enforcement hours a Diamond supervisor will be on call within a 30 minute response time. After office hours the Diamond supervisor shall be accessible by mobile phone. 3. On street enforcement personnel shall have the ability to communicate with emergency services providers and the Department of Motor Vehicles information system. 4. City Contacts shall be as follows: (a) For enforcement - Bremerton Police Department. (b) For Contract Administration/Project Manager - City Clerk's Office. (c) For violations/Notice of Infractions - Municipal Court. 5. Diamond Contacts shall be as follows: (a) City General Manager (b) Supervisor D. Training 1. Diamond shall be responsible for complete training of parking enforcement personnel. Training shall include, but not be limited to: (a) Customer Service and expectations; (b) Dealing with difficult people; Ex. A Diamond Parking Scope of Work Page 4 of 11 (c) Conflict Management and dispute resolution; (d) Civil rights law and procedures; (e) Municipal code and ordinances relating to parking enforcement; (f) Giving testimony and courtroom procedures; (g) Job procedures and emergency protocol; (h) Job safety as required by OSHA/WISHA; and (i) Public Safety. E. Record Keeping and Reports 1. All revenue collections, deposits and reporting procedures shall be in accordance with City Treasurer requirements. Upon the commencement date of this contract, any new banking requirements that result in additional service fees will be paid by the City. 2. Diamond is responsible for all employment related record keeping and, upon request by the City, shall provide personnel and training information for each employee. 3. Each Enfomement Officer shall maintain a daily log book of conversations, complaints and unusual circumstances that occur while performing work duties. The log book shall be kept current and up to date at the end of each shin. In addition each Enfomement Officer shall include in the daily activity log by day, date, hour and location the following: (a) Number of citations issued; (b) Number of warnings .given; (c) Number of impounds; (d) Number of Parking related service requests from citizens; (e) Hours on duty; and (f) Location and hour of handicap parking enforcement; 4. Inspection: Diamond shall keep all records related to this contract to include, but not limited to; the records listed above for at least six (6) years following expiration or termination of this agreement, or deliver the records to the City. Diamond shall keep all records in its regular business and shall keep the Ex. A Diamond Parking Scope of Work Page 5 of 11 records in an orderly manner as may be directed by the City to assure easy access and reference to the records and shall make all records available for inspection and copying by the City during business hours. 5. Reports - The City requires that the enforcement personnel follow pre- approved patrol routes. Diamond will be responsible for proposing patrol routes and schedules, and the method (reports) by which the City Project Manager will be kept informed. The City requires assurance that coverage is adequate, fair, regular and consistent. The City may make additions or deletions to the following list of required reports at its discretion. The following is the minimum requirement for reports that shall be prepared by Diamond and transmitted to the City: (a) Monthly summary of activities showing total work hours, patrol and non- patrol; customer service hours; and records of court time. (b) Monthly summary of ticket activity including the number of tickets by infraction type, by street area, and a list of voided tickets with an explanation as to why the tickets were voided. This report shall be provided to the Municipal Court. (c) Written reports on all complaint phone calls or on street complaints to officers on Duty. Upon request, written complaint logs, including the names of the parties involved, telephone numbers and addresses (if known) the nature of the complaint, and action taken, shall be available for inspection by the City. (d) Monthly reports containing the above data shall be furnished to the City no later than the 20th of each month for the preceding month. F. Court Appearance - Diamond's employees shall appear in Municipal Court promptly and prepared to testify when required in parking related cases. The City will provide training and support, at the City's discretion, related to Municipal Court cases. II. On-Street Parking Enforcement A. Enforcement Duties- On-Street Parking. Enforcement as described below. Services to be provided shall include, but are not limited to 1. Regulation of on street parking including but not limited to the central downtown and residential zones as outlined in Exhibit A, as well as areas identified through complaints, referrals or random patrols and at the discretion of Diamond, subject to the direction of the City pursuant to the hour requirements of paragraph I (B). Ex. A Diamond Parking Scope of Work Page 6 of 11 2. Issue Notices of Infraction for violations of parking ordinances when and where appropriate. 3. Prepare affidavits and reports for parking infractions, violations, and incidents. 4. Perform parking surveys required for Residential Parking Permit applications. 5. Post zone status change notices. 6. Enforce all parking ordinances as contained in the Bremerton Municipal Code, Title 10, as amended and State law. B. Citation Issuance: Diamond shall: 1. Pick up handheld computers at the Municipal Court Office. Submit handheld computers to the Municipal Court office at specified times for uploading/downloading of daily citation activity. (Times depend on shift assignments). 2. Be responsible for Handhelds that are damaged due to negligent or deficient care or loss. City retains ownership of Handhelds. 3. Provide written requests for declaration of nuisance vehicles. 4. Notify court if not available for court appearances. 5. Provide affidavits for contested hearings. C. Junk and Abandoned Vehicles 1. Enfome abandoned vehicles procedures in accordance with State and local laws, including, but not limited to: (a) Receiving complaints of abandoned vehicles; (b) Checking registration to ascertain if vehicle has been reported as stolen; (c) Determine whether vehicle is operable; (d) Attempt to contact registered owner; (e) Notify registered owner of pending impoundment; (f) Impound vehicle; 2. Facilitate Junk vehicle procedures on private property in accordance with State and local laws, including but not limited to: Ex. A Diamond Parking Scope of Work Page 7 of 11 (a) Receiving complaints regarding junk vehicles; (b) Visit property, as directed, and based on statutory definitions, determine if the vehicle is declarable as "junk." If declared as junk: i. Identify the registered owner of the vehicle; ii. Provide property owner with Junk Vehicle Verification, Notification and Affidavit. III. Paid Parking Enforcement A. Scope of Services 1. Duties - Paid Parking. Diamond shall manage, operate and promote City owned parking facilities and on-street pay box parking. Parking facilities are located in the downtown area of the City as follows: (a) 507 Park Avenue; (b) 4th and Washington Avenue; (c) 300 Park Avenue; (d) 301 Park Avenue; and (e) Pay boxes listed as Item 5 on Exhibit A. i. City shall retain ownership of currently installed on-street pay boxes. ii. Diamond shall retain ownership of Diamond installed/supplied off street pay boxes. 2. Responsibilities - Diamond shall: (a) Pay all direct operating costs of operating the above listed facilities including, but not limited to labor, supervision, bookkeeping, and janitorial services. (b) Provide meter boxes for customer self-parking at centralized locations within each off-street parking facility. (c) Post City approved parking rates and regulations on all off street parking facilities. (d) Collect all on-street and off-street meter box revenues and deposit in City designated accounts on a daily basis. Ex. A Diamond Parking Scope of Work Page 8 of 11 (e) Keep parking facilities open and available for parking 24 hours per day, seven days per week unless otherwise directed and approved by the City. (f) Inspect all parking facilities as necessary and prudent to ensure that all parking has been paid and that all parking regulations are followed, and that the facilities are reasonably safe and clean. Inspections and collections will be conducted seven (7) days per week. Checking schedules will be based on usage patterns and approved by the City. (g) Market parking facilities to ensure their maximum utilization. (h) Be responsible for maintenance of the parking facilities, including, but not limited to: i. Cleanliness of all off-street parking facilities; ii. Immediately notify the City of any condition in need of repair or remediation; iii. Notify the City of landscaping maintenance needed for any City owned lots; iv. Keeping all drains clear of debris; v. Keeping pedestrian walks and ramps and vehicle driving surfaces free from snow and ice to prevent personal injury and property damage; vi. Reporting all acts of vandalism and all irregularities and nuisances occurring in City parking facilities to City Police and City Project Manager; vii. Shall, on a monthly basis, submit to the City Project Manager, a summary report of reported acts of vandalism and all other irregularities and nuisances occurring in City parking facilities; (i) Janitorial Services in Parking Garage at 4th and Washington: i. Daily At A Minimum: (i) Check trash bins and empty as needed; (ii) Pick up any litter within the structure; (iii) Sweep, damp mop and clean interior of elevator car; (iv) Maintain a clean appearance around all entrances and lobby area; Ex. A Diamond Parking Scope of Work Page 9 of 11 (v) Clean, as needed, outside sidewalk areas and pick up any litter; (vi) Check that all storage rooms, elevator equipment room, and electrical room doors are locked and secure; (vii) Report any graffiti immediately to the City's representative. ii. Weekly In Addition to Daily: (i) Sweep both stairwells, elevator landing and pay box locations; (ii) Mop elevator car and lobby area with an aromatic disinfectant solution; (iii) Wipe down and clean elevator door and walls, clean elevator doors on each floor; (iv) Spot sweep and remove any dirt and debris from parking stalls and driving areas as needed; (v) Wipe down and clean all hand rails in stairwells and ramp areas; (vi) Check all lights, report any deficiencies to the City representative. iii. Monthly In Addition to Weekly: (i) Remove cobwebs and other debris from stairwells, the building interior and other ceiling areas; (ii) Check and clear any floor drains in parking areas; (iii) Clean interior plexiglass panels with a glass cleaner approved by the City; (iv) Use power blower or similar equipment to clean main driving areas as possible; (v) Clean all convex mirrors with a glass cleaner approved by the City; (vi) Check all fire extinguishers, report any deficiencies to the City representative. Ex. A Diamond Parking Scope of Work Page 10 of 11 iv. Quarterly In Addition to Monthly: (i) Use power blower or similar equipment to clean all parking stalls and driveways to remove dirt and debris; (ii) Check all convex mirrors for damage to mirrors or support brackets and report any deficiencies to the City representative. v. Annually: (i) Pressure wash and clean all parking stalls and driving areas; (ii) Pressure wash and clean all walkway ramps and stairwells. vi. Storage Rooms: (i) Storage rooms are provided for use by the City of Bremerton and contracted services only; (ii) Storage rooms are to be kept clean, dry, odor-free and orderly at all times; (iii) All wet and dry trash and garbage is to be immediately disposed of and placement into storage rooms is prohibited; (iv) Storage room locks shall not be changed without City approval; (v) All storage rooms are subject to inspection at any time by the City representative. (j) Assist the City with special event parking. Ex. A Diamond Parking Scope of Work Page 11 of 11 EXHIBIT A PATROLLED AREAS 1. BREMERTON CITY LIMITS on a complaint and/or referral basis. 2. CENTRAL DOWNTOWN ZONE- including but not limited to: 100-200 blk., 1st Street 100-200 blk., 2nd Street 200-600 blk., 4th Street 200-600 blk., 5th Street 100-800 blk., Pacific Avenue 200-500 blk., Burwell Street 400-600 blk., Park Avenue 3. WEST RESIDENTIAL ZONES- including but not limited to: 2600 & 2800 blk. 1 St 100 blk. Ranier 1000-2100 blk. 4 th 2900 & 3000 blk Farragut 1000-2100 blk. 5 th 3200 blk Farragut 1000-1700 blk. Burwell 100-400 blk. S. Lafayette 2100 blk. Burwell Place 2900-3300 blk. Porter 200-1000 blk. Chester 300-700 blk. S. Summit 1200-1900 blk. Gregory 3200 blk. Preble 100-300 blk. State 200-500 blk. S. Hartford 100-300 blk. Anoka 300-500 blk. S. Yantic 200, 500-600 blk. High 100, 300, & 600 blk N. Montgomery 900-1200 blk. High 400-500 blk S. Charleston 200-1000 blk. Hewitt 2600-2800 blk. Rodgers 400-1200 blk. Veneta 3000, 3200 blk. Rodgers 100 blk. Olympic 100-300 blk. S. Cambrian 300-800 blk. Olympic 100 blk. N. Cambrian 100 blk. Arvon 100 & 300 blk. S. Wycoff 100 blk. Bloomington 100 & 300 blk. N. Wycoff 4. EAST RESIDENTIAL ZONES- including but not limited to: 600-1100 blk. Pleasant Ave 200, 500-700 blk. 9TH 600-900, 1100 blk. Highland Ave 1000-1200 blk. 9TH 2000 & 2100 blk. E llth 1500 blk. 9TH 1100 blk Pitt 1900-2000, 2300 blk. 9TH 2000 blk. Harkins 500-800, 1000 blk. 8TH 2300-2400 blk. Holman 1100-2000 blk. 8TH 2500 blk. Cherry Pl. 2100 & 2300 blk. 8TM 900, 1200 blk. Pacific 400-1200 blk. Veneta 800-1100 blk. Cogean 200-1000 blk. Chester 600-700 blk. 12m 600, 800 blk. Broadway 900-1000 blk. 12th 1200 & 1300 Broadway 1400 blk. 12th 800, 1200-2200 blk. l0th 700-1200 blk. Mckenzie 1100, 1300 blk. Lincoln 600-900, 1100-1200 Park 1100-1200 blk. Ohio 1500, 1700 blk. Park 1500 & 1700 blk. Ohio 900-1000 blk. 15th 1100-1200 blk. Sidney 600-800, 1000 blk. Pennsylvania 1000-1200 blk. High 500, 800 blk. 7th 600-700 blk. Roosevelt 1200-2100, 2300 7th 900-1000 blk. Roosevelt 1100 blk. Elizabeth 100, 300-800 blk. Olympic 900 blk Washington 5. ON STREET PAYBOX COLLECTiON-including but not limted to: 300 blk. 1st St. 200 blk. 5th St. 100 blk. 4th St. 600 blk. 5th St. 800 blk. 4th St. 800 blk. 5th St. 1600 blk. 4th St. 800 blk. Burwell 300 blk. Venetta 200 blk. Warren 100 blk. Chester 100 blk. 2n{I St. DATE SUBMITTED: November 13, 2003 BILL AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: PUBLIC HEARING ON Committee Meeting Date: November 18, 2003 ORDiNANCE CREATiNG BMC CH. 2.01 COUNCIL MEETING Date: Nov. 25 & Dec. 10, 2003 RELATING TO PERS ELIGIBILITY Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473-2346 SUMMARY: By Council action on May 21, 1997, the City Council exercised its discretion authorized under RCW 41.40.023 and WAC 415-108-550, to pay the employer's contribution, plus interest on that contribution, toward the PERS accounts of elected officials establishing membership in the system. Former Mayor Lynn Horton, prior to leaving office, established retroactive service credit for previous terms and has requested reimbursement of the employer's contribution, plus interest. To date, a formal policy has not been established regarding this exercise of discretion. The proposed ordinance formalizes the City Council's action in 1997 exercising its discretion to pay the employer's contribution, plus interest on that contribution, toward the PERS accounts of elected officials. ATTACHMENTS: 1. Memorandum to City Council 2. Proposed Ordinance 3. Request from Former Mayor Lynn Horton regarding reimbursement of PERS employer contribution, plus interest FISCAL IMPACTS (Include Budgeted Amount): Reimbursement in the amount of $5,479.18 will be paid to Former Mayor Lynn Horton APPROVALS: DEPARTMENT DIRECTOR: (~~;~.__.._, CITY ATTORNEY: -- 5/1_ / t ~-7'-'-~W;~ ~ FINANCE DIRECTOR: ~/_- ------ , M>~-~ t~t~ t/t 7,'/.. MAYOR: <. ~/? .,-c-~: : FISCA~B~GET: ~ ~ *'// -~ CONSENT AGENDA ~ OPE~TIONS: ~)~~~' ~COMMENDED MOTION: 1. I move to approve the proposed ordin~ce on first reading. 2. I move to pass Ordinance No. on second reading and ~her to approve the request of Foyer Mayor L~n Honon to reimburse her the employer's con~bution, plus interest towards her PERS accost. CO~CIL ACTION: ~ Approve ~ Deny ~ Table ~ Continue ~ No Action Office of the City Attorney Roger A. Lubovich, City Attorney Memorandum 1'0-' City Council ]~l~nl.. Roger A. Lubowch, City Atto Elected Personnel PERS Accounts g~t6: November 13, 2003 ,/~ Municipal elected officials are eligible for membership in the Public Employees' Retirement System (PERS). Applying this rule has led to consistent confusion regarding when officials are eligible, and when the City is responsible to pay the employer contribution. 1. May the mayor and council members obtain membership in PERS without violating the State Constitution which prohibits increases in compensation mid-term? Yes. The Washington State Constitution1 prohibits increases in compensation during a term of office for those who fix their own compensation· But PERS is a statutory right established by the legislature, and therefore not compensation. A 1975 letter opinion by the Attorney General2 states that PERS does not constitute compensation, but is deferred compensation. And there is a further distinction between compensation set by the Council, and benefits provided by the legislature3. By joining PERS a councilmember is not setting his/her salary, but exercising a statutory right granted by the legislature. 2. Who is eligible to participate in PERS? The Mayor and Council members are eligible to participate in PERS Plan 2 or PERS Plan 3 while in office if: They are a PERS Plan 2, TRS Plan 2, TRS Plan 3, or LEOFF Plan 2 member when elected to office, or · They are a former PERS Plan 2 or PERS Plan 3, TRS Plan 2, TRS Plan 3, or LEOFF Plan 2 member, or · They have never been a member of retirement plan administered by the State of Washington. Washington State Constitution, Articles XI, Section 8, XXX, Section 1. AGO 1975 No. 51 RCW 41.40.120 MEMORANDUM: PERS November 13, 2003 Page: 2 3. If eligible, when can an elected official apply for membership? During the initial term: Elected officials may apply for membership at any time during their first term in office. If entering membership after their first term has begun, the official must retroactively pay employee contributions plus interest dating back to the first day of the initial term. During a following term: If thc official does not apply for membership during their first term in office, they may apply for membership during a following term. Membership will be granted retroactively to the first day of the term in which the official applied for membership. Again, employee contributions plus interest dating back to the first day of the term in which you apply for membership must be paid retroactively. Once membership is established for a current term, an official may have the option to purchase credit for any previous term or terms of office during which they did not choose to apply for membership. Credit for past elective service is addressed below. 4. Credit for Past Elective Service After an elected official establishes membership for a current term they are entitled to purchase service credit for any previous elected term or terms of office during which they did not choose to apply for membership. To receive service credit the official must pay the required employee and employer contributions for the previous term or terms of elected service with interest, as determined by DRS. All consecutive service with a single employer must be purchased. If the official has held multiple terms with different employers, they may purchase credit for service with either employer. The City may, but is not required to, elect to pay the required employer contributions. 5. What is the City's policy regarding contributing the discretionary employer contribution? On May 21, 1997, the City Council approved the payment of the employer's contribution, plus interest, by action reflected on Agenda Bill no. 97-106. This action also directed that a formal policy to this effect be established. It is my understanding that at least once in the recent the past, when sitting council members have sought membership in PERS, in line with Agenda Bill no. 97-106, the City has paid the discretionary employer contributions. But no official policy has been published nor has an ordinance been passed as directed by the May 21, 1997 Agenda Bill action. 36, MEMOKANDUM: PERS November 13, 2003 Page: 3 On April 4, 2001 an ordinance formalizing the City 1997 determination to exercise its discretion to make employer contributions and interest payments upon PERS membership was approved on first reading at a City Council Meeting. It is my understanding that the above referenced proposed ordinance was "pulled" from a subsequent counsel agenda, and was never presented at second reading for passage. The reason(s) for pulling the ordinance from the agenda were never documented, and are simply the subject of speculation. Conclusion Elected officials have a statutory right to participate in the PERS system. The City's policy direction in the past has been to pay discretionary employer contributions for past elected service. This policy has never been formalized in an ordinance, and until this policy is formalized in an ordinance the issues addressed in this memorandum will most likely occur in the future. We recommend the City Council formalize a policy to pay the discretionary employer contribution through ordinance, or formalize a policy to the contrary. If you have any further questions regarding these issues, please let me know. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremcrton, Washington, creating a new chapter, Chapter 2.01 of the Bremerton Municipal Code providing for the City of Bremerton's exercise of its discretion in making employee contribution and interest payments to the state of Washington Public Employees Retirement System (PERS) on behalf of City elected officials who have applied for membership and who, while serving in office, have elected to establish service credit for previous elected term or terms of office. WHEREAS, in 1994, the state adopted WAC 415-108-550, under the authority of RCW 41.40.023 and RCW 41.50.050, providing for the inclusion of certain elected officials in the State Public Employees Retirement System (PERS), and authorizing elected officials who, while serving in office, have elected to buy back service credits in the system to the first day of previous terms served and, further authorizing the employer, to exercise its discretion to pay the employer contribution plus interest in lieu of the elected official making the required payment; and WHEREAS, by Council action on May 21, 1997, the City Council exercised its discretion authorized under RCW 41.40.023 and WAC 415-108-550, to pay the employer's contribution, plus interest on that contribution, toward the PERS accounts of elected officials establishing membership in the system and directed that a formal policy to this effect be established; and WHEREAS, to date a formal policy has not been established, therefore the City Council desires to formalize by ordinance its action in 1997 exercising its discretion to pay the employer's contribution, plus interest on that contribution, toward the PERS accounts of elected officials pursuant to RCW 41.40.023 and WAC 415-108-550; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHiNGTON, DOES HEREBY ORDA1N AS FOLLOWS: SECTIONI. A new chapter, Chapter 2.01 entitled "Elected Officials - PERS" is hereby added to the Bremerton Municipal Code to read as follows: CHAPTER 2.01 ELECTED OFFICIALS - PERS 2.01.010 PUBLIC EMPLOYEES RETIREMENT SYSTEM-ELECTED OFFICIALS. The City Council hereby exercises its discretion, as authorized pursuant to RCW 41.40.023 and WAC 415-108-550 to pay employer contributions and interest thereon on established Public Employees Retirement System (PERS) accounts of qualified City elected Elected Officials- PERS officials. A qualified City elected official making application for and having established membership in PERS during his or her term of office, and having elected to establish service credit retroactive to the first day of any previous elected term or terms of office, shall be entitled to employer contributions, plus interest, payable by the City, pursuant to RCW 41.40.023 and WAC 415-108-550 as currently enacted and as hereafter amended. The Department of Human Resources is authorized to process applications for reimbursement consistent with this Section. SECTION2. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full rome and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ,2003 PASSED by the City Council the day of ,2003 CAROL ARENDS, Council President Approved this day of _, 2003 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attomey PUBLISHED the day of ,2003 EFFECTIVE the day of ,2003 ORDINANCE NO. R:\LEGAL\Ordinances~Human Resources~Elected Officials - PERS.doc Elected Officials- PERS 2028 Taft Avenue Bremerton, WA 98312 September 2, 2003 Mayor Gary Bozeman City of Bremerton 239 4th Street Bremerton, WA 98337 Dear Mayor Bozeman: I am writing in order to ask your assistance in a personal matter. During my tenure as a Bremerton City Council Member it was determined by the Attorney's Office that city council members were not entitled to participate in the state retirement system. Subsequent to that additional research was done that indicated council members were, in fact, eligible. In 1997 the City Council approved paying the past contribution and interest for Council Member Al Colvin. At that time they indicated they wanted a policy written for future requests but such a policy was evidently never wdtten nor approved. Before leaving the Mayor's Office, I bought back both my share and the City's share of retirement contribution. The City portion was $2543.50 plus $2935.68 in interest for a total of $5479.18. Although I made an initial request for compensation some time ago, I didn't realize that the policy hadn't been adopted and, as such, I am requesting that this issue be placed on the Council agenda for their deliberation at your eadiest convenience. I believe there is precedent for such action. Attached you will find the document from the State Department of Retirement and the minutes from the Council meeting approving Council Member Colvin's contribution. Should you need further background information, City Auditor Michael Stephenson, can probably give you greater details. I appreciate your assistance in this matter. Please contact me at 373-6322 if you need something additional from me. Sincerely, Lynn Horton CC: Council President Carol Arends TAPE #1465 City Council Reg. Mtg. Minutes May 21, 1997 Page 4 of 10 the Armed forces Festival. 'i ~ ~!~! 9 ~ 06 As elected officials, Council members have the option of participating in the Public Employees Retirement System. Members may elect to join for their current term by paying past employee contributions, plus interest, with the City paying the employer's contributions. Council members may also elect to establish membership and service credit from the beginning of any previous term served. The employer's contribution for these previous terms may be paid by the City. To date, the Council has not exercised its discretion on paying the employer's contribution for prior terms. The motion approves City payment for years of service prior to the current term of office and directs the Council President to approve a written policy to this affect. Ian $ievers, City Attorney, stated, as ex~ressed by several Council members, there has been some confusion on this topic in the past. The documentation provided in the Agenda packet included a copy of the Washington Administrative Code that sets out the procedures and requirements for Council's participation in the retirement system. The City Council has a discretionary decision to make, and he proposed that it be a uniformed policy from this point forward rather than making it an individual decision as each individual applies for a retirement system membership. Public comment - none. Mr. Winters asked why this issue was not brought to the City council's attention in the past? Mr. Slevers stated it may have been in part due to some miscommunication by the Personnel Department during new Council me~mbers' orientation. The Council's salary level is right at the edge of qualification and in fact qualifies as the minimum amount of salary to join the retirement system. Mr. W~nters asked who was responsible for letting Council know they had the option to enroll in the retirement system? MaYor Horto~ stated she was not sure who was responslble: however from the time she became a city Council member it was her impression that Council members were not eligible. She noted Jim Meith, Human Resources Manager, did look into the matter and confirmed that Council members would be eligible. Mr. Winkers questioned if it was a Human Resources responsiblity 16 years ago? MaYor Horton stated yes. Mr. Winters pointed out this proposal could have a financial impact on the City's budget covering back payments for current and past Council members. Mayer Horton stated she did not know if it would apply to past Council members, who were no longer seated. If all of the current Council members signed up for the retirement plan, there may be the option to break it up into two segments: (1) TAPE #1465 City Council Reg. Mtg. Minutes May 21, 1997 Page 5 of 10 to utilize funds out of the 1997 to cover the Council seats that would be up for re-election or election in 1997; (2) to utilize the 1998 budget to cover such costs for the remaining Council member seats. Mr. Qv~rsom complimented Mr. Sievers, Mr. Meith and Mayor Horton for addressing this issue and supports what is being proposed. However, he does not intend, at this point, to take advantage of the opportunity to participate in the retirement plan. Mr. Monocle1% asked if this proposal is approved, would it become automatic for people coming onto the C~uncil or would someone have the option to not participate? Mr. 8ievers emphasized nothing is automatic, and a Council member would have to apply for membership. Any Council member who elects to enroll would be responsible for their share, and the City would be obligated to pay the employer's share. Once this policy decision is made, the employer will also pick up any previous terms that is made after the first term. Mr. MoConnell asked if money paid into the retirement system by a Council member that served only one term, would be refundable to the individual. Mr. Sievers stated he believed standard PERS rules apply as for a regular employee, i.e. the employee's contribution Would be refunded plus any interest earned because not enough years were vested in the system. ~a¥or Horton pointed out if someone was a Prior PERS member and drew their funds out, they would have an opportunity to payback those past funds and reinstate that requirement credit. Mr. Montqomery asked if anyone has calculated the amount needed to pay into the retirement fund on a $6,000 salary? stated he did not have an exact figure; however Mr. Colvin's enrollment into the PERS system was used as an example in the Agenda Packet data. Mr. Winters asked why is it the responsiblity of Councilman Colvin to come up with an amount of money that he could have opted to pay at little increments throughout the years, since 1986, rather than to pay in excess of $5,000 all et once? He asked Mayor Horton if she planned to enroll in PERS? M~¥or Horton stated she may take the option since she is a PERS I employee, from past employment with several State agencies. Mr. Winters stated again, that he felt it was unfair for them to have to retroactively find the funds. He believes the City should be responsible for the entire amount due to the lack of communication from the Human Resources Department. Mr. overso~ clarified that Council is being asked to address the policy this evening, not the direct expenditure of funds at this point. Ma¥0F Horton stated Mr. Colvin and Mr. Overson would be the two Counoil members most affected by this policy, since they have serwed on City Council the longest. She further stated if all nine members an~ herself chose to join the TAPE #1465 City Council Reg. Mtg. Minutes May 21, 1997 Page 6 of 10 system, it would cost the City approximately $30,000. Mr. Colvin and Mr. 0verson would be on the high end, about $5,000 each, and it would go down from there. She reiterated that this amount would probably be split over two fiscal years. Mr. Oversen pointed out that WAC has defined that previous payments by the employee are the employee's responsibility. #1622 M/S ) to Of .eh 7B - BUDGET ,%DJUSTMENT ~%I~D CONTRACT ~NDM~ENTS FOR STATE PERF GI~,~T TO PREPARE DEBIGN GUIDELINES FOR ~qlARLEBTON COMMUNITY PLAN. 108 The City has a PERF Grant from the State Department of Conununity, Trade, and Economic Development (CTED) to produce the Charleston Community Plan. The draft Plan recommends that Design Guidelines be developed for the business district. CTED is now offering the City an additional $10,000 to prepare draft Design Guidelines. The work products must by completed by June 30, 1997. The consulting firms of Kato and Warren, with Hewitt Isley, are already under contract to produce the Environmental Impact Statement, a brochure, and a videotape for the Charleston Plan. These firms have agreed to sign a contract amendment conuuitting them to develop the required work products within the contract deadline. To accept this grant extension, the City Council needs to approve an amendment to the City's PERF Grant contract. Don Pratt, Community Development Director, stated it was an honor to be offered this $10,000 from the State, which would bring the total of State funds to $50,000. That money was matched with $37,000 of local funds to continue work in the Charleston District. Public comment - none. r. Mo t o er commented that anytime the State wants to offer the City money, we should take it! He also complimented Mr. Hough and Mrs. Wilson for their fine work. Mr. Overso~ questioned if the Department may be taking on too much at once? Mr. Pratt reassured Council that most of the work would be done by the consultant, and the work by the staff was all preliminary. ~ asked if the development of this plan is similar to what Council heard previously? Mr. PFatt stated he was not at the · DEC-28-01 FRI 03:21 PM DRS/PERS/SERS FAX:36066''q36 PAGE 2 Page: 1 Document Name: Robyn S 12/28/01 DEPARTMENT OF RETIREMENT SYSTEMS MIXP081, 13:17:17 MAINTAIN OPTIONAL SERVICE Vet 3.10 MIXM08 · Action: R (C,R,U,D,E) Verified By: TERRY SAMMONS OPTSER On: 12/28/2001 · MEMBER SSN: ~ *SYS/PLAN: P1 > ~ORTOM, LYASN S · OPT SERVICE ID: 00273283 · Opt Service Type: ELOB ELECTED OFFICIALS (MBR PAYS ER POR) + Date Requested: 12 28 2001 Contact Person: ROBYN STROZlNSKY Date Document,n Rcv: 12 28 2001 Total Service Credit: 72.00 Mos .......... Optional Bill Info Member Contrib,n or Present Val: '_~:~i~50 =~-> Recovery In~: 2935.6~ Employer Contrib'n & Expense Amt: ] 2160.00 ===> Recovery Iht: _ 2542.8~ Billing Address: ~ Iht Calc,d thru: 12 31 2002 Statutory Deadline Date: --.. Bill Issued Date: Print BAll Overnight: y Optional Details: Command: Enter-PF1---PF2-~-PF3___PF4 .... PF5---PF6---PPT---PF~-~-PFg---PF10--PFll..PF12__ Help Retrn MainM Quit Cnfrm 'Review of Optional Service successful Lo~ Oa:e: ~2/28/2ool Time: ~:~S.~S p~ C~ ' ................................