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HomeMy WebLinkAbout03/31/04 AGENDA FILE 239 4th Slreet · Bremerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251 CITY COUNCIL MEETING AGENDA MARCH 31, 2004 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 - There are no CONSENT AGENDA items this week... 4. CLAIMS/CHECK REGISTERS 5. MAYOR'S REPORT 6. NEW BUSINESS A. Budget Adjustment authorizing funding for the Communications Plan; and Professional Services Agreement with GRAF-HOKE, INC. for Communications and Marketing Services (#AB04-031 ) B. Professional Services Agreement with MERCHANT PATROL SECURITY SERVICES, INC. for Parking Garage Security at 4th & Washington Garage (#AB04-050) C. Agreement #GCA-3901 with the WASHINGTON STATE DEPARTMENT OF TRANSPORTATION to Receive Funds for Construction of SR304 from Charleston Beach Road to SR304/SR3 Interchange (#AB04-051) D. Budget Adjustment authorizing appropriation to the "2004 General Government Capital I,~ Improvement Fund" (Fund 308) to fund capital improvements to the REVEREND DR. MARTIN LUTHER KING JR. BUILDING (#AB04-052) 7. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS A. Resolution No. 2922, setting a Hearing Date of April 28, 2004 for Vacating a portion of First Street located between Marion and Yantic Avenues (#AB04-053) 8. PUBLIC RECOGNITION - Comments limited to 3-minutes 9. COUNCIL MEMBER REPORTS 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING E-mail: citycouncil@ci.bremerton.wa.us · Web: www. ci.bremerton.wo.us DAI'E SUBMITTED: 2/12/04 BILL # AGENDA BILL CITY OF BREMERTON 6 CITY COUNCIL SUBJECT: Budget Adjustment FY04 re: Committee Meeting Date: 2/17/04 Communications an ~ %~:7: "-zFunding COUNCIL MEETING Date: -2~5¢4~ 3 and Contract Approval for Department: Executive Communications/Marketing with Graf-Hoke, Presenter: Mayor Bozeman Inc. Phone: 473-5266 SUMMARY: The Administration is requesting allocation of $50,000 during FY2004 for implementation of a communications plan that includes marketing, advertising, graphic design employee recognition. ,p__aa:.:A-~,,y, ~-? ^ .:-,,i,,ic~z25&' .'~ ~&.'..o Z. ~' ...... 5:::.'.22.~, ........... :Z__ ;-'--Z--2 Finally, staffrecommends approval ora professional service agreement with Graf-Hoke, Inc. for communications and marketing. ATTACHMENTS: 2004 Budget Adjustment PSA with Graf-Hoke, Inc. _~ .,,,,T~f:~. n -t, .......... '"~ "r- ' FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: ~-~ ~ ~L~-~ ..... CITY ATTORNEY: ~,,5~ ~ FiNANCE DIRECTOR: MAYOR: L~"'[ '~ ~. FISCAL/BUDGET: ~ ' ~' ~ CONSENT AGENDA [] OPERATIONS: <-- ,~.=_.~ '-'" COUNCIL PRESIDENT: ~, ,., ,,~ .... i \, ,~'~ ~i ' RECOMMENDED MOTION: 1) I move to approve the 2004 Budget Adjustment authorizing the funding of $50,000 for the Communications Plan '2-a e~ =/,77 _~ .... · .....~;"'~ °""2" .__7 2) I move to approve a Professional Services Agreement with Graf-Hoke, Inc. for communications/marketing services and authorize the Mayor to execute the agreement in substantially the same form as presented. COUNCIL ACTION: [] Approve [] Deny [] Table / [] Continue [] No Action 2004 City Budget Adjustment General Fund (Fund 001) Expenditure: 1) Executive Department Item Amount Professional Services - agreement for graphic design; material development; etc. $21,000 Contract with Gra£-Hoke for 2004 to be written and presented with the budget adjustment ($1,700 per month for this service). ~ldvertising - items submitted to the Patriot and the Sun promoting various events $ 8,000 in the downtown area (i.e., Armed Forces Day, Halloween event downtown, Winterfest, First Friday Art Walk, Military welcoming, West Sound Guide, music programs on thc Boardwalk, etc.). Estimate is based on 2003 activities. Printing and mailing ~ includes items such as the Mayor's monthly newsletter, $12,500 display boards and some o£the promotional material that is primed at the print shop. Fees for service - place Bremerton brochures on ferries and 117 sites around $ 2,500 Puget Sound. These items are boxed up and sent to Certified Folder Displays in Kent who see to the distribution of the information. Misc. - expenses include co-sponsor for concert in the park; 4th of July fireworks; $ 6,000 employee picnic; employee Christmas party; employee recognition. '9~ $50,O00 Total Executive Department budget adjustment Ending Fund Balance $1,355,964 2004 BuDgeT REQUEST The proposed budget for 2004 covers $50,000 for media advertisements, duplication, sign printing and banners, duplication and a small contingency to help meet some of the hundreds of requests the city receives each year for grants, advertisements, requests for communication materials. It also includes costs for very basic funding of activities and office needs required of the Mayor's Office While it is preferable to budget and allocate as much of this money as possible in advance, it is not possible to anticipate all requests. The PlO for Kitsap County recently sent a last minute request to the Mayor's Office requesting 3,000 custom flyers for the crew of the U.S.S. Stennis. There was no funding to cover this request. These and other requests make a logical case for having a contingency fund. The budget request for 2004 of $50,000 includes: Public Information & Communication Expenses · Printing/Copying/Presentation/Displays & Production Related Costs $11,500 Includes photo display boards, city Iago signs and banners, presentation folders, printing including the I lx17 Harborside brochure, Gold Mountain "You'll Love GolF' card, downtown Arts District Walking Map, BTC Information handout, Power Point slide handouts, Mayor's Report newsletter and other direct mail materials, posters, press kits, report covers, bindery, etc. · Print Media Advertising $ 7,000 SUN A&E Section (weekly during summer months) SUN/Patriot Armed Forces Day supplement, Bremerton Patriot (2-4x monthly Banner, Bremerton Chamber Of Commerce ad, West Sound Guide, Military Welcome ads (Sun & Patriot) · Certified Folders Display $ 4,000 Includes rack space and printing charges for 12,500 4-color glossy cards. distributed on ferryboats and terminals, tourists, Chamber of Commerce offices, hotel/motels, restaurants, all military bases and other travel and visitor related businesses in the Kitsap/Olympic Peninsula region. · CommunitylBusiness Relations Events $ 3,000 Armed Forces Day, Co-sponsor of concert in the park, 4~ of July Fireworks · Professional Communications Support - Mayor's O~ce & Other City Dept. $21,000 The $1700 for 34 hours of work per month includes professional communication and public relations services. (includes all overhead expenses for the contractors materials, equipment, software, supplies, telephone, city, state and federal business and employment taxes, FICA, taxes, $900 for monthly health insurance and $800 annually for business/liability insurance and other expenses. Mayor Office Expense · City Relations Events 3,000 City Employee Picnic, Employee Christmas Party, Employee Recognition, · Contingency $ 500 Total 2004 Communication & Mayor's Budget $50,000 Prices shown include all state sales tax when applicable. 18 PROFESSIONAL SERVICES AGREEMENT Hoke Consulting dba Graf-Hoke, Inc. The City of Bremerton ("City") and Hoke Consulting dba Graf-Hoke, Inc. ("Contractor"), referred to collectively as the "Parties," enter into the following Agreement for professional services, effective on the date ~ully executed as follows: I. Scope: The Contractor 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. The Scope of Work may be modified only pursuant to Section VII.I. of this Agreement. If the Scope of Work provides for unspecified additional services the City may request that such services shall only be performed upon the express written request of the City. Contractor 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 Contractor agree that work will begin on the tasks described in Exhibit A on January 1, 2004. The parties agree that the work described in Exhibit A is to be completed by December 31, 2004. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Contractor $1,700 per month for a maximum 50 hours service from Contractor. Compensation will include services for meeting and conference time with the Mayor and other city personnel as requested, research, information gathering, presentation of findings, in house services for production, design, copywriting and basic overhead expenses related to equipment usage, general office expense and supplies, phone charges, local travel and all applicable taxes. Expenses outside of the foregoing, such as printing, shall be pre-approved by the City and will be billed directly to the City by approved vendors. The Contractor shall submit regular billing statements describing services rendered and the amount charged for each service. The descriptions shall conform to and fall within the categories set out in the Scope of Work. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the fight to direct the Contractor's compensated services under the time frame set forth in Section II herein before reaching the maximum amount. Contractor 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. Additional services shall be compensated for only if requested pursuant to Section I and shall be compensated as set out in the request or, if the request does not so provide, as set out in the attached fee schedule. 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 Contractor of its obligations under this Agreement. BremertorffHoke Consulting dba Graf-Hoke, Inc. Page 1 of 7 IV. Relationship of Parties: Contractor is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Contractor and its personnel are independent contractors and not employees of the City. Contractor 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 the Contractor. Contractor will be solely and entirely responsible for its acts and for the acts of Contractor'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. As an independent contractor, Contractor 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 Contractor or its personnel. As an independent contractor, Contractor 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 may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Contractor. V. Indemnification: Contractor 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 Contractor'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 Contractor's 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. Bremerton/Hoke Consulting dba Graf-Hoke, Inc. Page 2 of 7 VI. Insurance: The Contractor 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, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Contractor shall provide a Certificate of Insurance evidencing: 1. Errors and Omissions liabilitv insurance with limits no less than $500,000 per incident. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. 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. Reports and Information: When requested by the City, Contractor shall fumish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Contractor 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 developed under this Agreement shall belong to and become the property of the City. All written information submitted by the City to the Contractor in connection with the services performed by the Contractor under this Agreement will be safeguarded by the Contractor to at least the same extent as the Contractor safeguards like information relating to its own business. If such information is publicly available or is already in Contractor's possession or known to it, or is rightfully obtained by the Contractor from third parties, Contractor shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Contractor under this Agreement may be stored at Contractor's office in Bremerton, Washington. Contractor 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. Bremerton/Hoke Consulting dba Graf-Hoke, Inc. Page 3 of 7 ! Any use or reuse of the documents, data and files created by Contractor for the City on this project by anyone other than Contractor on any other project shall be without liability or legal exposure to Contractor. C. Ownership of Intellectual Property: Any intellectual property (i.e., logos, etc.) created by Contractor shall become property of the City. D. Contractor to Maintain Records to Support Independent Contractor Status: On the effective date of this Agreement (or shortly thereafter), Contractor shall: 1. File a schedule of expenses with the Internal Revenue Service for the type of business Contractor conducts; 2. Establish an account with the Washington State Department of Revenue and other necessary state agencies for the payment of all state taxes normally paid by employers, register to receive a unified business identifier number from the State of Washington; and 3. Maintain a separate set of books and records that reflect all items of income and expenses of Contractor's business, all as described in the Revised Code of Washington (RCW) Section 51.08.195, as required to show that the services performed by Contractor under this Agreement shall not give rise to an employer- employee relationship between the parties which is subject to RCW Title 51, Industrial Insurance. E. Work Performed at Contractor's Risk: Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors 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. F. Place of Work: The Contractor shall perform the work authorized under this Agreement at its offices in Bremerton, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices at 239 Fourth Street, Bremerton, Washington, or at locations mutually agreed upon by the parties. G. 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. H. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. I. Modification: This Agreement may only be modified by written instrument signed by both Parties. J. 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 BremertondHoke Consulting dba Graf-Hoke, Inc. Page 4 of 7 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 Contractor Address Mayor Hoke Consulting dba Graf-Hoke, Inc. 239 4th Street PO Box 1014 Bremerton WA 98337 Bremerton, WA 98337 K. 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. L. 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. M. Compliance with Laws: Contractor shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. N. 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. O. 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. VII. 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. VIII. 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. 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. Termination shall be effective ten calendar days after Contractor's receipt of the written notice by certified mail. A. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Contractor 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 Bremerton/Hoke Consulting dba Graf-Hoke, Inc. Page 5 of 7 ~ data within the Contractor's possession pertaining to this project 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. Upon termination the City will be entitled to reports showing the status of all items listed in the Scope of Work current through the termination date. CITY OF BREMERTON HOKE CONSULTING dba GRAF-HOKE, INC. By: Cary Bozeman By: its: Mayor its: Date Signed: Date Signed: APPROVED AS TO FORM: Roger A. Lubovich, City Attorney Bremerton/Hoke Consulting dba Graf-Hoke, Inc. Page 6 of 7 EXHIBIT A SCOPE OF WORK MARKETING/COMMUNICATION OBJECTIVES: To maintain the highest level of communication with the employees, citizens, businesses, visitors and prospects interested in Bremerton, its services and revitalization and development projects. To ensure the City takes advantage of every opportunity to strengthen its position as the "center" of Kitsap County and the Peninsula during this critical period of potential economic success. To support and enhance the communication efforts of Bremerton's revitalization partners and be prepared to respond to the on-going demands of the media, legislative and other government members, civic groups, private businesses, and potential and current investors seeking timely information and presentations. IMPLEMENTATION STRATEGY: To establish an internal Communication Services center under the direction of the Mayor's Office that will assume responsibility for overseeing information and communication requirements as may be required by the Mayor Office and staff, and provide communication information support to other City departments. SCOPE OF WORK-TASKS: · Respond to requests for information from the public, media, local, state and federal government agencies regarding City activities, events and news. · Respond to requests for the City to participate and/or support non-City communication, public relations, advertising, media and other promotional activities. · Respond to requests from City departments for participation in communications, public relation, media and other promotional opportunities. This includes Parks & Recreation, Gold Mountain/USGA. · Coordinate public relation opportunities with local, state and federal representatives who visit Bremerton, including setting up photo opportunities. · Oversee management, quality control, production, distribution of commanication materials and public relations information promoting the City of Bremerton. · Immediately develop a schedule for allprojected Grand Opening events and coordinate communication and media activities with Columbia Hospitality, local Chambers, business groups and the media regarding activities and public relations for the Government Center, Conference Center, new Marina and other revitalization and City activities occurring in 2004. · Provide public relations and marketing support including attending meetings as requested. · Manage in-house production services for public relations, graphic design, creative and print and media artwork for reports, monthly newsletters, press releases, Power Point and other presentations, displays, advertisement other materials. · Monthly' reports on communication activities will be submitted with invoices. Note: Out-of-pocket and direct expenses for production materials are not included. BremertordHoke Consulting dba Graf-Hoke, Inc. Page 7 of 7 EXHIBIT A /3 February 19, 2004 MEMO TO: City Council (~/2,~[~ Bremeaon, WA 98337 FROM: Mayor Bozeman SUBJECT: City of Bremerton Public Information & Communication Services MARKETING/COMMUNICATION OBJECTIVES: To maintain the highest level of communication with the employees, citizens, businesses, visitors and prospects interested in Bremerton, its services and revitalization and development projects. To ensure the City takes advantage of every opportunity to strengthen its position as the "center" of Kitsap County and the Peninsula during this critical period of potential economic success. To support and enhance the communication efforts of Bremerton's revitalization partners and be prepared to respond to the on-going demands of the media, legislative and other government members, civic groups, private businesses, and potential and current investors seeking timely information and presentations. WHY THE CITY OF BREMERTON NEEDS ITS OWN COMMUNICATION SERVICE PROGRAM: ·Bremerton is the City's Only Focus The focus of the City of Bremerton's Communication Services Program is Bremerton and only Bremerton. We believe the City should have control over information provided to local, state, regional and national organizations and media, especially during this critical time of dynamic growth. As you can see from the enclosed attachments and when viewing the websites of the Bremerton Chamber of Commerce, Kitsap EDC, and Kitsap Visitor and Convention Bureau, the information provided about Bremerton to both residents and visitors is much less comprehensive and in some a cases out-of-date. None of the three organizations mention the Bremerton Harborside Development, Kitsap Conference Center or other issues central to the revitalization of Bremerton. Additionally, there are no direct links to support the effort of Columbia Hospitality or our other redevelopment partners such as Kitsap County Consolidated Housing Authority regarding the Condominium or Government Center projects. The City has printed thousands of its Bremerton Harborside information brochure which have been provided to numerous organization and local residents at no charge. · Only the City of Bremerton Provides Public Information & Support for City Services & Programs It is not the goal or mission of outside organizations to provide vital public service information about Community and Economic Development and Public Works activities, construction updates, Parks & Recreation program for residents and visitors. ·The City of Bremerton Provides On-Going Support for the Community and Local Businesses The City also supports Bremerton businesses and organizations such as the monthly Arts Walk, Armed Forces Day Parade, Blackberry Festival and many other Bremerton based projects. Last year the City took the initiative to produce a walking map that included Manette and Evergreen Park. Thousands of copies were printed and provided upon request to the Bremerton Chamber, Washington State Ferries, Kitsap Transit and local businesses. At this time, only the City of Bremerton offers such a map. /2-. City of Bremerton Marketing, Public Information and Community Outreach Plan 2004 Prepared by the Mayor's Office 239 4~ Street Bremerton WA 98337 March 10, 2004 EXPLANATORY NOTE This document was prepared to provide explanation and definition about the City of Bremerton's communication and public information program services provided through the Mayor's Office, staff, contract services and vendors. The purpose of this document is to demonstrate that the City does have a communication vision it has been working against, with goals, strategies and tactics. A comprehensive document was not prepared in 2003, nor recommended for 2004, because it would have meant spending scarce financial and staff resources. Based on the 25 years of expertise and proven success of our professional consultants, we were confident that the communication strategies being employed were appropriate. In fact the results we were able to achieve in less then a year, were beyond expectations. The city was generating and sustaining the "buzz" about Bremerton, even during the construction phase. The high quality design and communications materials and public relation strategies have been extremely effective in creating an image of a vibrant city in transition that has reached across the region. Additionally, the City currently does not have staff resources available in any department to assist the Mayor's Office in processing the growing demands and often complex and technical requests for information. Nor are there internal professional graphic design, copywriting or production management resources to process or produce communication materials. This issue is addressed in this document under 'Internal Resources'. We would like to point out that the $50,000 budget allocation for 2004 also includes costs for non- marketing activities which are required of the Mayor's Office, such as participation in City employee events and employee recognition, copying and supplies for presentation of materials to City Council and other government bodies, etc. Some of these items are noted in the budget and we encourage City Council members to recognize these costs should not be viewed as a 'marketing' or public communication expenses. The contractors and the Mayor's Office have spent over 60 hours combined to prepare this communication outline for 2004 for the City Council. It is not intended to be a format marketing plan which would involve technical data and analyses, benchmark research and other information typically found in plans with media (paid advertising) budgets of $50,000 or more. The media budget for the city is $5,000. The average marketing-communication budget in the private sector is typically .5 to 3% of gross sales. (see attached Marketing Planning Discussion) We sincerely hope this document will provide the City Council with the clarification it needs to move forward with the budget allocation approval. This document was prepared to accompany a budget request to the Bremerton City Council, March 2004. THE CITY'S COMMUNICATION VISION Bremerton is a city with every reason to feel proud of its history, natural beauty quality of life, education and employment opportunities. While visitors and economic development issues are important, the goal is to make this a great city for all the citizens- residents, families and businesses who live and work here 365 days a year. To do that, we need to help residents understand and be part of the vision of a new Bremerton. We need to attract families and businesses who can help increase and support the tax base needed to keep the city running, roads repaired, improve the quality of educational opportunities, rehabilitate economically depressed areas, To the outsider...to Roberta Romero KING TV-r, reporter, who recently reported a story on Bremerton which appeared on KING TV 5PM News recently...they saw waterfront parking lots and broken windows. The mission, the vision of the City's communication strategy is to help residents, local businesses, workers, visitors and the media see the possibilities of what this city can become...is becoming...when soon, the broken glass will be swept away and in its place will soon be a vibrant City ready for a new generation. Communications and marketing professional refer to this as positioning. With an extremely limited budget and staff resources, the city is attempting, and succeeding, to position itself as a major player in the competitive Puget Sound economic arena. People are taking notice of Bremerton in a big way. Right now the City is positioned for success. The materials, presentations, up-dates and programs prepared to residents and prospects have, by any professional standards, had extraordinary, and measurable results. Examples include... · feature stories in the Seattle P.I. by Jeff Larsen, · a full page, feature story in the Seattle Times, valued in media costs at $30,000. · recent TV coverage by KING TV during prime time, media value $25,000. · presentation to the exclusive and prestigious Puget Sound Community Development Roundtable which included distribution of 50 sales kits to members such as Bill Gates, Sr. and H. R. 'Mac' Dinsmore, Director of the Port of Seattle and SeaTac Airport · Continued requests for information for the general public, business and service groups and investors. Another measure of success of the City's communication efforts is documented escalating property values, employment opportunities and redevelopment of empty buildings in the downtown business district, some by private investors. This is a city with a new waterfront and new hope for the future. People are getting the message, loud and clear. How many cities in America would like to be in Bremerton's position? The City's vision, indeed its Comprehensive Plan calling for 'city centers' will attract others, looking for quality of life, economic investment and employment opportunities. The communication vision for Bremerton is to make this a city we can all be proud of and enjoy today and for generations to come. 4 COMMUNICATION GOALS To maintain the highest level of communication with the citizens, employees, businesses, visitors and prospects interested in Bremerton. To ensure the City takes advantage of every opportunity to strengthen Bremerton's position as the "center" of Kitsap County and the Peninsula and generate awareness about the city's scenic beauty, affordability and quality of life, all which help contribute to improving the city's economic future. To support and enhance the communication efforts of Bremerton's revitalization partners and be prepared to respond to on-going and often unexpected demands of the media, residents, legislative and other government members, civic groups, private businesses, and potential and current investors seeking timely information, materials and often, live presentations. THE NEXT 6 MONTHS The next six months will be the most dynamic in the city's post-war history. After years of moribund existence, the city has come alive and there is a regional, even state wide "buzz' about aremerton. This momentum is not just a psychological boost for the people living and working in the City; it brings a moment - this summer - when the city becomes the regional center of attention, with several grand openings of downtown projects, then the Harborside condominium ground breaking, the downtown street enhancements, the vitality that will come when hundreds of new workers come downtown everyday to work in the Government Center, in the new retail shops, restaurants, hotels and the people who will come by boat, ferry and car to see what the buzz is all about. If there was ever a time to support communication efforts of the City and its departments, it is now. The window of opportunity is the next seven to eight months. The City has a great, compelling and visually interesting story to tell. With this revitalization impetus, there is every chance to attract new private investors who can provide the capital to build more offices, shops and services. Right now, while the sun is shining, is the time to invite them over, tell the City's story and let them see for themselves. Good communication is good for our citizens and good for business all over the city. 5 IMPLEMENTATION CONSIDERAT~ONS To develop realistic strategies for reaching the communication goals involves looking at media and partnership opportunities, overall market area, target groups and internal and external resources. Following is a brief overview of the current situation./See 'Challenges & Opportunities' page 2 I). · Geographic Challenge The City of Bremerton, along with Kitsap County has to face the reality that media options are limited. The County has no viable local radio station (the only county among 38 in the state without a radio station that reaches end to end) and we have no local television news broadcasts. It is estimated that over 50% of the population of Kitsap receives daily news from Seattle and Tacoma. The cost of advertising on Seattle media is cost prohibitive. One 60-second commercial on KIRO Radio during drive time is $500. This means that the City must rely on other, local, more affordable means of communicating with target audiences to compete with regional media. · Economic & Tourist Partner Communication Strategies The City's partners in marketing and communication do not market Bremerton or its revitalization efforts as aggressively as the City does. None of the partners' web sites offer links to the Bremerton Web site and none provide logo recognition; two are still promoting the "new" fast ferry service that was discontinued last year. Harborside is not mentioned (and no photographs are evident) in the KREDC and the BACC sites, this less than 100 days away from the grand opening of the Kitsap Conference Center at Harborside. The Kitsap Visitor and Convention Web site does have a link to the Conference Center, but no on- line photographs or any mention of the Harborside Development or progress. Clearly, the City's return on investment from these partnerships does not yield high visibility, nor do they promote the revitalization efforts. Without being able to implement an integrated marketing and communication effort with these partners, it falls on the City to assume this responsibility. We were unable to find how these partners allocated their funds to promote Bremerton, or locate their marketing plans. · Columbia Hospitality & Hilton Hampton Hotel Columbia Hospitality has a contract with the city to market and promote the Kitsap Conference Center to make it profitable. The Mayor's Office has been supporting Columbia Hospitality's marketing efforts by including references to the Conference Center in nearly all of its communication materials since last March. The city's also features the Conference Center on the front of the city's Web site and provides extensive information, photographs and links for contacting the Kitsap Conference Center's sales manager. It is important to note the marketing budget allocated to Columbia Hospitality (CH) as part of its contract, is being used exclusively to market the Kitsap Conference Center. CH may have its own marketing plan, strategies and goals and sales requirements The city has a huge financial investment in CH, and the city's communication strategies and goals include aggressively supporting CH marketing activities. However, while CH may include information about the city's tourist options (Art's District, Gold Mountain Golf Course, dinning, etc.) CH is not responsible for marketing the rest of Bremerton Harborside Development, other city projects or local business and events which require year round, and well as 'high season' support. The city has no marketing contracts with other revitalization partners. 6 · Internal Staff Resources The materials that have been produced from the colorful Harborside Development tabloid brochure to the tri-fold Arts District Walking Map, have proved to be extremely popular to residents, the business community, other government agencies, investors, visitors and tourists. There is a constant demand for these materials and for in-person presentations and accompanying handouts. Copying, folding, assembly and distribution time are often required. The success of the communication program has also increased requests from other city departments for professional expertise regarding public relations issues, promoting city sponsored events and for City Council members working on committee projects. As noted previously, these skills are currently not available from any other city staff person. The demands increase, the resources and available expertise diminish. Following is a list of tasks now being required of the staff in the Mayor's Office. These are in addition to existing duties. While some of these tasks have always been part of the Mayor's assistant job, the increased demand, complexity and technical nature of the requests have made it necessary for the Mayor's office to obtain outside, professional support, just to process the requests. Respond to requests for information from the public, media, local, state and federal government agencies regarding City activities, events and news. Respond to requests for the City to participate and/or support non-City communication an, public relations, advertising, media and other promotional activities. Coordinate the marketing and communications efforts with the City's web site, to keep it up- to- date, and responsive to customers' needs. Coordinate public relation opportunities with local, state and federal representatives who visit Bremerton, includes setting up photo opportunities, walking tours, etc. Oversee management, quality control, production, distribution of communication materials, news releases and public relations information promoting the City of Bremerton. Provide public relations and marketing support to local businesses and districts including attending meetings as requested. Manage in-house production services for public relations, graphic design, creative and print and media artwork for reports, monthly newsletters, press releases, Power Point and other presentations, displays, advertisement and other materials. Communica~on Support- Other Departments Respond to requests from City departments for participation in communication, public relation, media and other promotional opportunities. This includes Parks & Recreation, Gold Mountain/USGA. Respond to City Council requests for information, materials, graphics for Committee projects, public relations, editorial services. PLEASE NOTE: responding to a request does not necessarily mean the Mayor's Office, its staff or contactors provide the professional services necessary to fulfill the request. Demand far exceeds available hours. 7 · Internal Material Production Resources In the past, the city contracted with outside venders for nearly all printing needs. The per page cost for printing a letter size color laser at PIP or KII~IKOS cost approximately 70 cents, 2-sided was $1.40, plus tax. This made it cost prohibitive for the city to produce anything except black ink only flyers. Last year it was determined that the city could save money and produce higher quality information materials for direct mail and presentations to key investors and other groups by going 'in-house'. Last March, on the advice of the contractor, the city leased a XEROX color copier making is possible to produce the same materials for approximately 8 to 20 cents per side without the need to add tax. Community Development, Administration, Parks and Recreation and many other city departments are also sharing the copier. In the past, the city also sent materials out to be folded and that task is now also done in-house. In effect, the city now has its own mini, "in-house" printing department making it possible to print high quality communication and presentation materials "on-demand" as needed at an extremely affordable price. The other advantage is the city now avoids purchasing printed materials in large quantities to save money, only to have the information become out-dated and the brochure worthless. Maintaining this flexibility is critical because information about the city's revitalization is constantly changing. Digital graphics files are easily update and printed only in quantities needed thus eliminating the need to discard expensive, but out-of-date brochures. 8 BUDGET & STRATEGIC CONSIDERATIONS With a small budget, it is critical that communication strategies reach the greatest number of target groups possible. Decisions to purchase media advertising and to participation in local events are based on reach, potential impact (overall response) and ability to achieve the primary goal. Clearly, the currently budget demands selectivity, however difficult. The objective is to choose tactics that will give the city the best return on investment. The information brochure produced for the Harborside development is a good example of reaching multiple target groups. The brochure has been in constant demand by the public, local business groups, real estate companies, Columbia Hospitality, Economic Development Department, distributed at public and business presentations, neighborhood meetings and on-line as a down Ioadable PDF. The downtown-walking map was created by the Mayor's Office, to meet a void not met by other agencies, has also met additional needs; the Bremerton Chamber of Commerce uses them to distribute through their Chamber office and on the Boardwalk in the Information Booth; the Port of Bremerton uses them at the downtown marina and Kitsap Transit uses them to give to visitors coming through the BTC, and for commuters - local residents. Local realtors include the walking maps as well as the Harborside information handouts in their sales kits to prospective homebuyers. Business groups also include these and other materials in presentations to their members and in presentation to prospects around the region. Several thousand copies of a sales card promoting golf in Bremerton have now been printed. The Golfing Gourmet Club distributed the Gold Mountain 'play four courses' sales card to all of their members. The SUN's A&E section is another example. Last year, newspaper banner advertisements were used to promote the downtown Arts Walk, city sponsored outdoor and other events to promote the city's quality of life to people living in and around the Bremerton market area. Advertisements, posters and handouts supported local businesses downtown, in Manette, Evergreen Park and Charleston areas, cultural groups, the city's Parks & Recreation Tuesday concert series and summer programs for children and seniors. The Bremerton Patriot was used for the same purposes, but focused on the Bremerton market. While it would be ideal to "partner" with other organizations marketing Bremerton, the city must meet its own needs first and has chosen to take a pro-actiYe position in promoting the city's image and benefits. We do not have control over the communication strategies used by other groups. 9 MEDIA ADVERTISING CONSIDERATIONS The city buys a limited number of advertisements during the course of the year, in spite of the hundreds of requests fielded by the Mayor's office. The decision on where to advertise is based on three general criteria: I) Will it reach the largest number of target groups? 2) Is an advertisement the only way to get the communication message across? 3) Is this a public relations gesture the city needs to make? In a real world marketing and communication plan where there are sufficient resources to go around, a much more specific annual media advertising plan and schedule is prepared. The $4,000 allocation for paid advertisements will only cover a small - miniscule -- portion of the legitimate requests. Paid advertising for 2004 may include the smallest possible advertisement in the Armed Forces Day Parade. Sma, advertisements are purchased in the SUN and Bremerton Patriot to support the downtown Arts Walk. During the summer, small advertisements are purchased to support the Parks Department's children's programs. The contractor hired to assist the city is assiduous in taking advantage of every possible volume and space discount offered by the media. All advertising is billed directly to the city and the contractor does not receive normal agency commissions. The Gold Mountain Golf Complex does a minimum amount of advertising in regional golf magazines. These advertisements do have a return on investment and often result in additional free editorial coverage. The contractor is also working with the company responsible for transit advertising to see if the city qualifies for transit-advertising posters at special PSA (public service advertising) rates. Media advertising expenditures accounted for $6,300 in 2003, hardly enough to warrant a comprehensive media plan. At the level of budget allocation for 2004, the City will probably spend less than $4,000 in paid advertisements. To put that into perspective, the $4,000 in media funds would purchase the equivalent of about 4 full- page advertisements in the SUN during 2004. As noted, it is important to set aside a contingency fund to meet unanticipated requests. 10 COMMUNICATION TARGET GROUPS The City has many groups to reach on a regular basis: civic, business, community, education, tourists, newcomers, the military, investors, city employees. As much as possible, the communication strategy is to reach as many as possible simultaneously - crafting messages that have broad appeal. The marketing- communication budget does not permit us to use a rifle and direct tailored messages to these groups; we must use a shotgun. The single most important constituency are the residents of Bremerton. When a communications piece is prepared, we must first look to see how effectively it communicates to the people right here at home. The City has other, special interest groups and there are occasions when a special, closely targeted communication piece is needed; the single sales sheet flyer promoting Gold Mountain Golf Complex is an example; it was prepared because a modest invest in promoting the City owned golf complex can have a direct, positive, return on investment. Following is a list of primary target groups, a brief description, and communications rationale. Strategies for reaching each target group are including under Communications Tactics. Description: The core target are the people who live here in the City. They are the #1 stakeholders. They are, taxpayers, business owners, and families of all ages, individuals. They are the City's .customers and they come first. Rationale: Residents need - and are entitled -- to know what is going on in their city. When citizens are better informed they are to be more interested and supportive of city projects and get involved in City based activities. They are more understanding of construction-related disruptions; they support the downtown businesses by coming to events such as the Art Walk, Armed Forced Day Parades, theater events. Citizens who support the City become "boosters" of revitalization and redevelopment efforts. They attend meetings, join committees and become involved in many ways. They also support city programs that including 'Camp Sparky' the Parks and Recreation Program that serves children with special needs and the City's summer concert programs, City Jazz Concert in Evergreen Park and other recreational programs serving seniors, families and children. The City's communication services program, through the Mayor's Office, provides media and public relations support to help promote these and other City funded activities. We strongly believe it offers citizens, visitors and prospects tangible proof of the City's commitment to improving the quality of life for citizens of all ages, race and social-economic levels. This is a City that cares about its citizens...not just creating impressive buildings. The goal Is to build a truly impressive City...and one with a big heart. II I Local BuS ness communtY I Description: These are the people who pay the majority of the taxes; automobile dealers to the west, retailers, and restaurants, home based businesses, big box stores, mom and pop operations on street corners in neighborhoods all over the City. Some feel short-changed that the revitalization seems unfairly focused on downtown. They need to understand that in this case, our City's economic vitality and future growth will grow from the efforts to make a new downtown and that like ripples in a pond, these revitalization efforts will spread to every corner af the City. Rationale: The retailers and downtown business owners who have suffered through this long recovery deserve marketing and communication support. They need an occasional advertisement to promote an art walk, a Parks and Rec summer children's program at Evergreen Park, etc. Local business owners also need to be well informed about the status of street enhancements, traffic diversions and even new construction. Many downtown business owners are concerned about their future viability and while the City cannot guarantee their success, it can do everything reasonably possible to keep them informed. Local business owners now have a real conference center to use and promote. They need to be reminded to keep their event dollars local. Description: The 'buzz' about Bremerton has already extended to the Puget Sound region and people from all walks of life are aware that something is 'up' in Bremerton. There are 200,000 people right here in Kitsap County who should be invited to come downtown to see what has happened to a City that used to be a economic and social joke. These 'locals' become the City's 'best prospects' and its future; they will help feed the local economy long after the summer visitors have left. But during the summer, Bremerton can now promote itself as a tourist destination. Bremerton's partners who are charged with developing tourism, economic development and welcoming services now have a real jewel to advertise and promote. Rationale: While Bremerton may have been a ghost town in the past, every week more and more people are evident on the downtown streets. Each downtown First Friday Art Walk is a little better attended. Within a few months, several hundred more people are going to start working downtown. They'lt work in the Government Center, in Harborside, for Dimension 4 and in the other new, and existing, downtown business. They will buy lunches, go shopping and contribute to the downtown economy. After over S0 years of decline, downtown Bremerton is going to begin an economic renaissance this summer! This summer, for the first time in memory, Bremerton's downtown waterfront will become a tourist destination, with a new restaurant, with possible peak hour fast ferry service and surely more charter boats will come to bring people to the I~tsap Conference Center. Bremerton is about to experience a significant boost in tourism! People are actually going to make Bremerton a destination! They will come by ferry from Seattle, from Tacoma by bridge and 200,000 of them who live in the county will now have a reason to come downtown to see what the 'buzz' is all about. All they need is to be invited. 12 J B~eme~ton Harborsicle & Oih~ Deve!opment P~ject parme~i ~ !m'~g~0~s J Description: Includes both public and private developers and potential investors for future projects. Rationale: The revitalization of Bremerton began downtown with the Harborside Development and Government Center. The next phase of developments includes waterfront condominium and private developments such Kitsap Credit Union and Pacific Place I (formerly the medical dental building on Pacific Avenue). In addition, there are numerous multi-unit housing projects under construction. The key to long-term revitalization efforts is to keep the momentum going...to keep the buzz building by sharing the excitement of watching a broken town wake up with new energy and enthusiasm. It is this Excitement that is making public and private investors stand-up and take notice of Bremerton. The ultimate success of the revitalization efforts depends on private capital investment in the city. The most logical investors are local businesses, then regional and national businesses. Just as Kitsap Federal Credit Union committed to building a new headquarters downtown, others will follow if they believe the buzz is for real. Making sure our current revitalization partners are informed about the progress of city development projects creates new opportunities for securing additional funding from existing partners, and creating interest among local and regional investors. Harborside will be complete in the next several months, but there are other city programs such as Andersen Cove and East Park that will need investment support. The city's communication strategy is to ensure those investors will be there in the future. Description: Over 300 city employees, their families, friends and neighbors have a 'need to know' what is going on in the city, from downtown revitalization, to Parks' programs, to changes brought by new City offices in The Government Center, to grand opening information. This also includes the City Council who represents the City to business and citizens who pay the bulk of city taxes. Rationale: The city wants to ensure city departments and staff is kept informed about revitalization so they can have accurate information to share with the publics they serve. They are also among the city's best and most enthusiastic boosters! 13 G0ve~nrnen{ Agent es & Rep~g&n~tives :; , Description: The communication strategies and materials used by the city in the past 12-months have been the principal source of information about Bremerton targeted to government representatives. This group includes local government, municipalities, development partners, such as the Kitsap County Commissioners, Kitsap Public Utilities District, Kitsap County Consolidated Housing Authority, the county health district, state government officials and representatives, members of the U.S. Congress and regional legislative bodies and commissions. Rationale: Bremerton's government partners need - and are entitled to - the best, highest levels of communication so they can be reassured they are receiving a good return on investment and continue to provide Bremerton with on-going economic support for future city development projects. Description: The media has heard the 'buzz' about Bremerton and are listening. Media include local newspapers, newsletters produced by organizations such as the Chambers, the local business journal and countywide newspapers. The media encounters the City's efforts in a variety of ways, not just through a news release. Rationale: The news media plays a critical role in providing information to both citizens and economic prospects. However, free media exposure does not always tell the full or most accurate story and cannot be relied on as the sole source for dissemination of important information. Sending a news release is no guarantee the news will be reported as submitted and it is therefore important to build relationships with the media, to treat them fairly and openly. Free publicity has already had a profound effect on the revitalization efforts; one positive news story in the Seattle daily newspapers can reach one quarter of a million people in the Seattle metropolitan area alone. The return on investment from 'free' press this year could be substantial. 14 PRIMARY COMMUNICATION TACTICS During the past twelve months, a small 'library' of affordable and effective communications pieces have been prepared to meet wide range of communication needs. Some of them will continue to be useful and may need only minor updates. Other new materials will need to be created during what promises to be a busy promotional year. The contactor retained in 2003, provided extensive design and production services for a fiat fee. In the private sector, the expense for producing these types of professional materials, related production supervision, and public relations services, would have easily cost $50,000. This generous contribution will not be repeated to the same degree in 2004 and the city may need to obtain additional funding to develop grand opening communication materials and meet unexpected requests from revitalization partners. Following are basic strategies/tactics which will be employed to achieve communications goals: · Print Information Materials Includes Bremerton Harborside I Ix17 handout, Gold Mountain "If You Love Golf' rack card, Art's District Walking Map, Annual Reports, Mayor's Report Monthly newsletters, Partnership Chart handout, BTC information handout. Approximately 300 Information kits were assembled for distribution to groups such as the prestigious Seattle Community Development Roundtable presentation held on February 3, 2004. Materials are provided upon request to the public, prospects and business and community groups. The majority of printed materials are now produced in-house, but may also be printed by local vendors. Print materials are prepared to support City Departments including Parks & Recreation, Bremerton Senior Center, and city events such as Winterfest, City Jazz and the City Christmas Party. Target Groups: Bremerton Citizens, General Public/Tourists, Local Business Community, Government, City Employees, Bremerton Harborside Partners & Investors, News Media · Public Presentation & Displays The City receives numerous requests to make live presentations about the city's revitalization vision, and progress, for Harborside and other development projects. Live presentations are a communication tactic because they win support, create involvement, and allow for exchange of ideas and create potential funding and investment opportunities. The Mayor's Office has produced numerous presentation boards in various sizes, a new Power Point presentation, signage and handout materials. Target Groups: Bremerton Citizens, General Public/Tourists, Local Business Community, Government, City Employees, Bremerton Harborside Partners & Investors, News Media · Direct Mai! The Mayor's Report newsletter, feature articles and other are mailed monthly to 300-500 community and business leaders, groups and individual in Bremerton, Kitsap County and the Puget Sound region. Target Groups: Bremerton Citizens, Local Business Community, Government, Bremer~on Harborside Partners & Investors, News Media 15 · News Releases & Information Distribution of news and up-date information sent to local and Puget Sound area media to generate media awareness and interest in the City's revitalization efforts and programs to promote "quality of life" activities to residents, visitors and investors. Target Groups: Bremerton Citizens, General Public/Tourists. Local Business Community, Government, City Employees, Bremerton Harborside Partners & Investors, News Medio · Community_ Relations The City makes every effort to participate and show support to local civic and military organizations and events such as the Armed Forces Day Parade, Blackberry Festival, Swing City Halloween Night, Monthly downtown Art Walk, Manette Holiday Open House, City Jazz Concert, co-sponsored with Olympic College, Parks & Recreation Tuesday Concerts and other events, Bremerton Senior Center Jarstad Pool and other events. Participation may include limited financial assistance, media support, photocopying and distribution of handouts/posters. These are provided on an as need basis when funds are available. Target Groups: I~remerton Citizens, General Public/Tourists, Local Business Community, Government, City Employees, Bremerton Harborside Partners & Investors, News Media · Business Relations The City makes every effort to participate and show support to local business organizations and events such as the Armed Forces Day Parade, Blackberry Festival, Swing City Halloween Night, downtown Art Walk, Bremerton Chamber of Commerce, Manette Holiday Open House, and other events to support local business. Participation may also include limited funding, paid media support, photocopying and distribution of handouts/posters; these are provided on an as need basis when funds are available. The Mayor makes presentations to up-date local civic and business groups such as Rotary, which utilize large display boards and handouts. Target Groups: Bremerton Citizens, General Public/Tourists, Local Business Community, Government, City Employees, Bremerton Harborside Partners & Investors, Media · Cit7 Web Site In the past several months, the City's web site has been upgraded to encourage greater utilization among all target groups to obtain up-to-date information about both city activities, services, programs and revitalizations projects. The Web site has the potential to become one of the principal communication tools, for residents and to reach business, tourists and anyone, anywhere, interested in hearing more about the City and what it offers. Currently, the web site is supporting local business and cultural groups, dinning and entertainment. To support Bremerton lodging businesses, we will be adding a section on "Accommodations," will be added so visitors will have other accommodation options until the Hilton Hampton opens in late October, and to demonstrate that the city recognizes and supports their B&O tax support. The site already lists many local eating and drinking establishments. Target Groups: Breme~ton Citizens, General Public/Tourists, Local Business Community, Government, City Employees, Bremerton Harborside Partners & Investors, Media NOTE: City employees get the majority of information via the city's internal COB site which is not handled through the Mayor's Office. 16 · Media (paid advertising) Paid advertisements are placed in the SUN's A&E and Bremerton Patriot section to support local business events such as the Arts Walks, the Parks & Recreation Summer Concert Series, lunch and swim programs, Senior Center activities and promote the City's commitment to quality of life programs. These ads are frequently receiving editorial support. Media is also purchased in key local publication such as the Bremerton Chamber and Armed Forces Day publications to demonstrate City support. In 2004, the budget will include advertisements in the Chronicle, to reach the city's African American community, business and civic leaders. Target Groups: Bremerton Citizens, General Public/Tourists, Local Business Community, Government, City Employees, Bremerton Harborside Partners & Investors, News Media 17 2004 BUDGET REQUEST The proposed budget for 2004 covers $50,000 for media advertisements, duplication, sign printing and banners, duplication and a small contingency to help meet some of the hundreds of requests the city receives each year for grants, advertisements, requests for communication materials. It also includes costs for very basic funding of activities and office needs required of the Mayor's Office While it is preferable to budget and allocate as much of this money as possible in advance, it is not possible to anticipate all requests. The PlO for Kitsap County recently sent a last minute request to the Mayor's Office requesting 3,000 custom flyers for the crew of the U.S.S. Stennis. There was no funding to cover this request. These and other requests make a logical case for having a contingency fund. The budget request for 2004 of $50,000 includes: Public Information & Communication Expenses · Printing/Copying/Presentation/Displays & Production Related Costs $11,500 Includes photo display boards, city Iago signs and banners, presentation folders, printing including the I I x17 Harborside brochure, Gold Mountain "You'll Love Golf" card, downtown Arts District Walking Map, BTC Information handout, Power Point slide handouts, Mayor's Report newsletter and other direct mail materials, posters, press kits, report covers, bindery, etc. · Print Media Advertising $ 7,000 SUN A&E Section (weekly during summer months) SUN/Patriot Armed Forces Day supplement, f~remerton Patriot (2-4x monthly Banner, Bremerton Chamber Of Commerce ad, West Sound Guide, Military Welcome ads (Sun & Patriot) · Certified Folders Display $ 4,000 Includes rack space and printing charges for 12,500 4-color glossy cards. distributed on ferryboats and terminals, tourists, Chamber of Commerce offices, hotel/motels, restaurants, all military bases and other travel and visitor related businesses in the Kitsap/Olympic Peninsula region. · CommunitylBusiness Relations Events $ 3,000 Armed Forces Day, Co-sponsor of concert in the park, 4:~ of July Fireworks · Professional Communications Support - Mayor's O~ice & Other City Dept. $21,000 The $1700 for 34 hours of work per month includes professional communication and public relations services. (includes all overhead expenses for the contractors materials, equipment, software, supplies, telephone, city, state and federal business and employment taxes, FICA, taxes, $900 for monthly health insurance and $800 annually for business/liability insurance and other expenses. I~ayor Office Expense · City Relations Events 3,000 City Employee Picnic, Employee Christmas Party, Employee Recognition, · Contingency $ 500 Total 2004 Communication & Mayor's Budget $S0,000 Prices shown include all state sales tax when applicable. 18 19 CONCLUSION In 2004, The City of Bremerton will experience its most significant year in recent history After years of false starts and negative press, Bremerton can - and should - be the recipient of unparallel regional, and perhaps national, media attention. The first waves of the revitalization efforts will come to fruition, first on July 29 with the opening of the Kitsap Conference Center and continuing on into the fait with shops and stores opening, new office space, a hotel, condominiums and private development, all surrounded by pedestrian friendly street enhancements. Each one of thee milestones presents a unique, once in a generation opportunity to keep the 'buzz about Bremerton' going. Unfortunately, Bremerton goes into this summer of opportunity with a bare-bones communication budget. Staff resources to meet the increasing - and increasingly sophisticated - marketing and communication demands are also limited. At a time when the City should have a reasonable communication budget and extra staff to meet the extraordinary needs, it must cut back to pre-2003 levels. With such limited financial and staff resources, there is no point in preparing a $30,000 marketing plan for a $30,000 budget. This document, prepared to demonstrate that the City does, in fact, have a vision and methodology to conduct the outreach, marketing and communication, is more than adequate to meet the needs for a more formal plan. We are confident that the budget allocation proposed for 2004 marketing and communication will be well spent and the City will, in fact, receive maximum return on investment. The budget does not reflect a huge in-kind donation from the communications contractor. With additional funding, the communications effort would include: · Additional news and media information. Ideally, a one-half time public relations professional should be retained for the balance of 2004, to meet with the media, to solicit further coverage, to out reach to national media, such as the Wall Street Journal, USA TODAY and others. Bremerton has a very, very compelling news story to tell right now and no resources to tell it. The return on investment would be substantial. · With the allocation of another 50 hours per month of professional services, the City could begin to more completely meet the needs of materials to support revitalization efforts, ranging from banners, signs, more maps, redevelopment and visitor information. There is a need to provide for public and citizen information when the relocation of city services is made to the Government Center building. · An allocation of 20 hours more per month from outside Web site developers would assure that the City's site is kept absolutely current at a time when 'hits' may be at an all time high. · An additional $5,000 for media advertising would enable the City to fulfill some real opportunities to reach additional investors and prospects and to provide more support for City activities this summer, both downtown, and in the parks, in the neighborhoods. 2O DISCUSSION WHITE PAPERS Two 'White Papers' on challenges and opportunities dealing with the City's future communication and outreach efforts and a short overview on the ideal marketing planning process, it's cost and possible 21 CHALLENGES & OPPORTUNITIES The greatest challenge for 2004 is to meet the communication and marketing objectives within the limited budget. At a time when the entire City needs communication support, the budget permits only limited reach. There will be a series of grand openings and special events surrounding Harborside and the City will be expected to provide communication support. While Columbia Hospitality has a small budget to solicit convention business, they do not have the resources to support a regional marketing and public relations outreach. Neither do the new Harborside retailers. This is not a single event; the grand openings will each place demands on the City's communication budget, regardless of other outside support. To that end, a key element of the marketing and communication strategy is to get as much as possible out of each communication program. The goal is maximum 'bang for the buck'. For example, an advertisement promoting an Evergreen Park summer event for children also reaches many other key groups. When the advertisement appears, it attracts local families to come to the parks and enjoy the events, facilities, and nearby businesses. But others see these advertisements - business people see the City is alive and well and that attracts additional investment; visitors see that the City is vibrant and inviting; those visiting the City's web site see a host of activities; local and regional media see and report on Bremerton's growth. In fact, one example of this synergy is that one of the monthly reports last year was mailed, as it routinely is, to key influencers in the region. One of those responding to these on-going targeted mailings was a reporter for the Seattle TIMES who wrote a full-page sto~y about the City's revitalization efforts. No amount of marketing money can buy front-section Sunday Seattle TIMES coverage like this. The recent KING 5 television story on downtown Bremerton was another result of the 'buzz' being heard. These representatives of the news media are given red carpet treatment..., walking tours, press and sales kits. Follow up telephone and even personal visits are made. It is impossible to anticipate these media visits; KING called at 3 PM on a Friday and a custom materials kit was presented to them personally when they stepped off the I0 AM ferry from Seattle on Sunday morning. There is no way to budget for the time and materials. They are often donated, as they were in this case. Kitsap County is short of advertising media. We have no local television morning or evening news, no morning drive time radio. The local daily newspaper has declining circulation (they've lost over 5,000 in daily circulation is the past few years) at a time of growing county population. There is a monthly business journal and weekly newspapers that are hungry for news. County circulation of daily newspapers from Seattle and Tacoma continue to increase. The goal, in every case, is to receive maximum exposure from every media advertisement, every printed piece, every media and news contact. The opportunities in 2004 are the best in recent history. Regional and state attention is focused on Bremerton. Fifty regional business leaders recentty responded to a presentation about the City's revitalization by personally requesting information kits. William Gates Sr. attended this meeting and asked questions about his former hometown. This group of the most influential people in Seattle heard the buzz about Bremerton and wanted more information. The only cost associated with this presentation was Power Point presentation, donated photography, materials produced locally and duplicated on-demand from the City's color copying machine. 22 It was an unanticipated, unscheduled opportunity of a lifetime. The city made a first class presentation and it resulted in additional news coverage, a feature story about Bremerton in the region's prestigious business newspaper. These unanticipated events are one more reason to I) have more funding available and 2) to have the flexibility to switch funds from one category to another, to have a proper contingency to meet unanticipated needs (like the U.S.S. Stennis arrival). People in all walks of life are hearing the 'buzz about Bremerton' and that is good for business. Thousands of cities across the U.S. would love to have such a 'buzz'. There is a great story to be told. This is a unique moment - a milestone -- in Bremerton's history. 23 MARKETING PLANNING A conventional marketing plan for a City the size of Bremerton, with its disparate communication needs, would cost from $15,000 to $25,000 or more, If focus group or other testing/research is used to ascertain community opinion on specific issues, it will require an additional $20,000-$30,000. With a media and materials budget of $30,000 for the year and a $21,000 production budget, there is not enough money, time or resources to prepare a comprehensive marketing plan. Even on a fast track, it would take six to twelve weeks to do the research and write the plan. Traditionally, a strategic marketing plan would begin with some form of quantitative research to establish benchmarks, baselines from which to establish measurable goals. One common form of research is the telephone survey where 400 respondents are polled to establish a statistically valid base. Gilmore Research, a new downtown business, designs and conducts these telephone surveys. When 400 surveys are completed, a statistical margin of error of 7% is the result and that is considered valid enough to make good assumptions and begin the planning process. In less frenetic times, when people had more time and were willing to participate in these telephone surveys, the cost was $12,000 to $15,000. Today it is very difficult to complete these telephone surveys and the cost has gone to $20,000 or more. Imagine the number of telephone calls it would take to find people in designated, representative, sections of the city to agree to a 20-minute telephone survey. Without completing a base line quantitative survey, which is manifestly unaffordable, it is impossible to statistically measure 'results'. We have, however, a good deal of anecdotal data to support the contention that marketing and communication are "working'. One only needs to sit in the lobby of the mayor's office for a few minutes and listen to the requests coming in for materials, for money, for advertising, for promotional consideration, for partnerships and co-sponsorships. Outcomes can be measured by demand for materials and from public response. The Bremerton Chamber continues to request free copies of the downtown-walking map. Over 5,000 copies of the Harborside sheets have been printed on demand. Windermere Real Estate, for one, continues to request materials. The inevitable question is, 'what is the City's return on investment'? Lacking the research to cite quantities data, we say, not facetiously, that one indication of a positive ROI is the regional buzz and interest in Bremerton generated by the 2003 marketing and communication efforts. The president of Ivar's reports the 'buzz about Bremerton is all over the Settle waterfront. Ask neighboring cities how they would like to have this buzz abut their city. Aberdeen, Everett, downtown Yakima - all would love to have a Harborside to point to, a new government office building to move into, a downtown alive and getting better every day. Hoke Consulting, a division of Graf*Hoke, specializes in marketing and corporate communications planning and has directed over 550 individual marketing plans for business clients in the past three years. With over 40 years in the marketing industry, Bill Hoke has prepared marketing-communication plans for Harrison Hospital, Kitsap Regional Library. KPS Health Plans and many other public and private entities, locally and nationally. In our professional experience, we do not recommend that the City invest in a comprehensive plan until the budget warrants it. Until then, the City must continue to employ every guerilla marketing and communications technique available. 24 BREMERTON POLICE DEPARTMENT CHIEF ! Robert D. Forbes March 20, 2003 Councihnan Ed Rollman 626 Highland Avenue Bremerton, WA 98337 Dear Ed: 1 have received and reviewed your request that the Bremerton Police Department consider reviewing and/or re-opening the ll~.'~mlll~m[~ll homicide investigation. You related in your correspondence that you are concerned about the eventual release of a fictional book concerning the investigation and that the author(s) would have less than complimentary things to sa3' about the Bremerton Police Department's handling of the While I appreciate your concern and find your observations interesting. I am faced with ~ . .-3' tile reality of insufficient staffing and resources to adequately address tile present day case load, let alone a ~ year-old homicide investigation. In the year 2002, for example, our general investigation personnel were assigned more than 700 felony investigations. This was an all time high for the Bremerton Police Department. Homeland Security issues have also forced us to redirect our resources in certain areas. It appears tbat these demands will only intensify as time goes on. ~L..t.', -9' Width adequa~te staffing and resources, cold case investigations ar_se possible. The :6- ~ Bremerton Police Department has, on occasion, initiated these types of i~stigations. _ - focusing on cases in the more recent past. Our priority, however, has been and shall ~ ' ~' remain those current cases which flow in each day in overwhelming numbers. :,~,'c,'~- I appreciate your interest and investment in this particular case and your concern ,~' ;'% regarding reopening the investigation, however I am faced with certain realities that ~' + prevent such action at this time. Robert D. Forbes Chief of Police Cc: Mayor Cas3, Bozeman Captain Craig Rogers DATE SUBMITTED: 3/17/04 BILL # 0t~- ~)5-0 AGENDA BILL CITY OF BREMERTON 6 CITY COUNCIL SUBJECT: Professional Services Committee Meeting Date: 3/23/04 Agreement with Merchant Patrol Security COUNCIL MEETING Date: 3/31/04 Services, Inc. for Parking Garage Security at Department: Public Works/Utilitie,s. 4* & Washington Garage Presenter: Wayne Hamilton Phone: 473-5207 SUMMARY: Staff'is recommending that the City extend the services of Merchant Patrol Security Services, Inc. for security of the Parking Garage at 4th St and Washington Ave. through the rest of 2004. We are still assessing the security needs of the garage as we implement new security measures using cameras and other security devices. During 2004 we will be installing some of the camera network and will complete the installation in 2005. Until that time the services of Merchant Patrol are recommended at historic levels that they have been performing for the past five years. ATTACHMENTS: Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): Budgeted for FY2004. / APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: '--. · FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: ".,~],"X k7~7--5 ,~.-~.[ ;2' --~ [ CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: I move to approve the professional services agreement with Merchant Patrol Seenrity Services, Inc. for $1,645 per month for the 4th & Washington Parking Garage seenrity and anthorize the Mayor to exeente the agreement in substantially the same form as presented. COUNCIL ACTION: [] Approve [] Den,,' [] Table~.~(~ [] Continue [] No Action PROFESSIONAL SERVICES AGREEMENT The City of Bremerton ("City") and Merchant Patrol Secur/ty Services, Inc. ("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 Services and Duties, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Services and Duties may be modified only pursuant to Section VII.H. of this Agreement. If the Scope of Services and Duties 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 elYect at the time such services are performed. II. Term: The City and the Consultant acknowledge that Consultant has been providing services described in Exhibit A since December l, 2003 pursuant to that certain Letter of Engagement dated December 1, 2003. The parties desire to continue these services and agree that the term of this Agreement shall commence on March 1, 2004 and will terminate on December 31, 2004, unless terminated earlier pursuant to this Agreement. Ill. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $1,645 per month. Consultant shall bill for services at the hourly rate of $14.96 per hour and shall provide five (5) hours of security per day, Monday through Friday. 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 Services. Upon receipt of a conforming billing statement, the City shall promptly process payment. Consultant shall not perform work beyond the Scope of Services and Duties, nor shall Consultant be compensated for such work, unless the Scope of Services and Duties or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance this Section. 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 Services and Duties and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of' the City. Consultant and its personnel have no anthor/ty to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to Bremerton/Merchant Patrol Security Services, Inc. Page 1 of 7 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. VI. Insurance: The Consultant shall provide professional liability or errors and omissions insurance and comprehensive general liability insurance, including bodily injury and property damage, of at least $500,000 per occurrence. Bremerton/Merchant Patrol Security Services, Inc. Page 2 of 7 Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing that coverage. 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 shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant 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 r/ght to reject any unacceptable policies and/or endorsements. The Consultant'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 Consultant'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. 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. Bremerton/Merchant Patrol Security Services, Inc. Page 3 of 7 3q All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Olalla, Washington. 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. C. Consultant to Maintain Records to Support Independent Consultant Status: On the effective date of this Agreement (or shortly thereafter), Consultant shall: 1. File a schedule of expenses with the Internal Revenue Service for the type of business Consultant conducts; 2. Establish an account with the Washington State Department of Revenue and other necessary state agencies for the payment of all state taxes normally paid by employers, register to receive a unified business identifier number from the State of Washington; and 3. Maintain a separate set of books and records that reflect all items of income and expenses of Consultant's business, all as described in the Revised Code of Washington (RCW) Section 51.08.195, as required to show that the services performed by Consultant under this Agreement shall not give rise to an employer- employee relationship between the parties which is subject to RCW Title 51, Industrial Insurance. D. 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. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Olalla, Washington and at the City Parking garage located at 4th and Washington in Bremerton, Washington. Meetings with the City staff as described in Exhibit A, Scope of Services and Duties, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. 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/Merchant Patrol Security Services, Inc. Page 4 of 7 G. Severabilitv: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. 1. 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. City Address Consultant Address City of Bremerton Merchant Patrol Security Services, Inc. Attn: Attn: Don Larson 239 Fourth Street PO Box 964 Bremerton, WA 98337 Olalla, WA 98359 J. 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. K. 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. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. 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. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by Consultant 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 may be terminated, at will, by either Party upon thirty (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, Bremerton/Merchant Patrol Security Services, Inc. Page 5 of 7 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. 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. Termination shall be effective ten calendar days after Consultant's receipt of the written notice by certified mail. A. 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 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 MERCHANT PATROL SECURITY SERVICES, INC. By: Cary Bozeman By: Don Larson its: Mayor its: President Date: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk R:\LEGAL~Contracts/PUBLIC WORKShMerchant Patrol Services - PSA doc Bremerton/Merchant Patrol Security Services, Inc. Page 6 of 7 EXHIBIT A SCOPE OF SERVICES AND DUTIES A. SCOPE OF SERVICES Security personnel shall provide five (5) hours of security service coverage at the Bremerton City garage per day, Monday through Friday. In addition, Consultant will provide two vehicle patrols through the City Garage during the weekdays and on the weekends between the hours of 2000 and 0400. B. DUTIES. Patrol on foot and inspect all levels of the parking garage, the elevator, stairwells, pay boxes, and the outer perimeter. Report and log all incidents of theft or vandalism. Maintain a daily activity log to be submitted to the City on a biweekly or monthly scheduled. Vary monitoring points and foot patrol routes heightening effectiveness of services. Officers will change their times daily between the proposed hours stated (Example: Officer is to work 3 hours between 0800-1200. Officer arrives on the first day at 0835 and departs at 1135. Day two, the officer arrives at 0910 and departs at 1210). Hand out written warning citations of "No Trespassing" to persons loitering within the City Parking garage who have no vehicle parked. Maintain a catalog of names and photos of persons cited with "No Trespass" warnings. Notify 911 upon viewing suspicious or criminal activity taking place when contacting a repeat offender of the "No Trespassing" citation, or in the event of an emergency. Inspect parking tots and the building perimeter notifying the City when circumstances are out of the ordinary, i.e., burned out lights, missing or non-functioning fire extinguishers, excessive trash is in the lot, damage to spaces, signs, doors, gates, etc. Look for vehicles left unlocked and/or with valuables in plain site and leave a courtesy message with tips to prevent car prowls and automobile theft. Leave courtesy messages on vehicles with flat tires, dead batteries, relative suspicious incidents, or damage from criminal activity (vandalism or car prowls) with pertinent contact information, date/time, and the observed situation. Close the Washington Avenue exterior stairway door after 1800 hours to control the entry points to the garage. Lock and unlock the City Parking garage at designated times. Be available for call outs when someone's vehicle has been locked in the parking garage. Bremerton/Merchant Patrol Security Services, Inc. Page 7 of 7 MERCHANT PATROL SECURITY SERVICES, INC Tdlllhem:a8g-377-8500 F?..:415-~am FAX:253-853-4~5 MARCH 25, 2004 TO: CHRIS MOTTNER, CITY OF BREMERTON FROM: DAN LARSON, CHIEF OF SECURITY RE: REPORT ON SECURITY FOR THE CITY GARAGE In December of 2003 Merchant Patrol Security Service (MPSS) began working directly with the City of Bremerton on its security needs. Changes were made in regard to security officer's hours and duties, to improve the level of security. Those changes were put into place to provide the greatest impact in the prevention of criminal activities. One of the fist changes made by Merchant Patrol Security Service was in hours of security coverage. MPSS is required to provide 5 hours of security a day that includes locking the city garage up at 12:30 am and unlock it at 4:00 am. In the past coverage was rotated between the hours of 6:00 am and 12:30 am. It was discovered that on some days only a few cars were parking in the garage in the later evening hours. MPSS focused the majority of its security coverage during the times when the most cam were parked in the city garage. (7:30 am thru 6:00 pm). As a result there has been a decrease in vehicle theft. Many juveniles and adults have been stopped from entering the city garage to loiter or skateboard by our security officers. Law enforcement has also been called to hand out no trespassing violations on those who have returned to the garage after warned to stay out. Other assigned duties given to are security officers were to make visual inspection of all cars parked within the city garage. In doing so we discover many car owners would leave their cars unlocked or valuables in plain site. Are response has been to periodically place informational leaflets on tips to prevent car prowls and vehicle theft. Our security officers have also discovered many flat tiers, parking/head lights left on and property left on car roofs. In all cases we have left courtesy notes with contact information to get their tiers change, cars jump-started and property back. Currently MPSS has issued all security officers with camera's to take photos of repeat offenders (trespassers) and is in the process of changing to a new uniform. MPSS believes that the changes made have had a great impact on the reduction of criminal activity in the city garage. MPSS is committed to being flexible and openly working with the city to decrease criminal activity and making the city garage a safe environment. Please contact us with any information that may help us in are duties to maintain a high quality proactive and efficient service. Sincerely, Dan Larson Chief of security DATE SUBMITTED: BILL AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Agreement # GCA-3901 with Conunittee Meeting Date: March 23, 2004 the Washington State Department of COUNCIL MEETING Date: March 31, 2004 Transportation to Receive Funds for Department: PW&U, Engineering Construction of SR304 from Charleston Presenter: Michael Mecham Beach Road to SR304/SR3 interchange. Phone: 360.473.5288 SUMMARY: In the 2003 legislative session, the Washington State Legislature increased the gasoline tax by five cents per gallon to be used on highway improvements throughout the state. As indicated in Agreement GCA-3901, $11,000,000 of these funds are designated to complete the SR304 improvements. ATTACHMENTS: Agreement GCA-3901 FISCAL IMPACTS (Include Budgeted Amount): Obtaining $11,000,000 from the increased gasoline tax to complete SR304. City match funjts, , are not necessary. APPROVALS: DEPARTMENT DIRECTORk - FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: 4~ / x'~'~ ~"~ ......... CONSENT AGENDA [] '1 'l P'3 ~.c-r-- . COUNCIL PRESIDENT: ~"~-'-~ RECOMMENDED MOTION: Move to approve Agreement GCA-3901 with the Washington State Department of Transportation to receive funds for construction of SR304 from Charleston Beach Road to the SR304/SR3 interchange and authorize the Mayor to finalize and execute the necessary contract documents for the agreement. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action ab, Agenda Bills 2004, Agreement GCA-3901, WSDOT Funds, 2-04 ~/q AGREEMENT GCA-3901 THIS AGREEMENT, made and emered into this __ day of 2004, between the STATE OF WASHINGTON Department of Transportation, acting by and through the Secretary of Transportation, hereinafter called the "STATE", and the City of Bremerton, 3027 Olympus Drive, Bremerton, Washington 98310-4799, hereinafter called the "CITY". WHEREAS, the CITY has completed Final Environmental Impact Statement No. FHWA-WA-EIS-95-1-F to address capacity and congestion on the existing transportation corridor on SR 3 and SR 304 fi'om the community of Gorst to the Bremerton Ferry Terminal and has completed Design Report No. 23-1896-36 to address capacity and congestion on the existing transportation corridor on SR 304 from the SR 304/SR 3 Intemhange to the Bremerton Ferry Terminal, and WHEREAS, the CITY has completed various improvements included in the above mentioned Design Report No. 23-1896-36 to SR 304 from the SR 304/SR 3 Interchange to the Bremerton Ferry Terminal and is planning additional improvements on the SR 304 corridor as defined in Design Report No. 23-1896-36, the location of which is shown on Exhibit "A", attached hereto and by this reference made a part of this AGREEMENT, and WHEREAS, the STATE, pursuant to legislative appropriation, has agreed to contribute $11,000,000 to the CITY's SR 304 corridor improvements. NOW THEREFORE, by virtue of RCW 47.28.140 and in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: I GENERAL 1.0 The STATE agrees to contribute $11,000,000 to the CITY for improvements to SR 304 from the SR 304/SR 3 Interchange to the intersection at Charleston Beach Road/Missouri Gate at approximately Milepost 0.71. These improvements include, but are not limited to, added HOV lane, minor widening, intersection improvements, illumination and signal improvements as identified in the STATE approved Design Report No. 23-1896-36. 1.1 Should the CITY not require the entire $11,000,000 STATE contribution for improvements to SR 304 from the SR 304/SR 3 Interchange to the intersection at Charleston Beach Road/Missouri Gate, the CITY may utilize the remainder of the $11,000,000 STATE contribution for improvements to SR 304 fi.om the SR 304/SR 3 Interchange to the Bremerton Ferry Terminal as identified in the STATE approved Design Report No. 23-1896-36. The STATE contribution de£med in this AGREEMENT 1/3 GCA-3901 shall not be applied to the work associated with the Downtown Bremerton Pedestrian/BTC Access Improvements Federal Project No. HP-1998(029). II PAYMENT 2.0 The CITY may submit a billing to the STATE for the entire $11,000,000 STATE contribution or a portion thereof upon execution of this AGREEMENT. All billings must be submitted by the CITY to the STATE prior to June 30, 2005; the 2003-2005 biennium end. Any billings submitted after June 30, 2005 will not be considered eligible for STATE participation. 2.1 The STATE agrees to make payment within thirty (30) days from receipt of billing from the CITY. 2.2 Any portion of the STATE's contribution not expended by the CITY as defined in 1.1 Section I GENERALshall be reimbursed to the STATE within ninety (90) days of completion of the SR 304 corridor improvements (completion date as defined in the current edition of the Standard Specifications for Road, Bridge and Municipal Construction) or resolution of right of way related expenditures or resolution of environmental related expenditures, whichever occurs last. 2.3 The CITY shall submit to the STATE reports of expenditures for the SR 304 improvements, the first report being due August 15, 2004 for the period ending June 30, 2004. Subsequent reports shall be due forty five (45) days after the end of each six (6) month period, and culminating with a final report of expenditures for the SR 304 corridor improvements within ninety (90) days of completion of the SR 304 corridor improvements or resolution of right of way related expenditures or resolution of environmental related expenditures, whichever occurs last. III DEVELOPER AGREEMENT REQUIRED 3.0 Prior to the CITY prosecuting any work done within state-owned right of way, the CITY shall enter into a Developer Agreement (DOT form 224-054 EF, or as modi~ed by the CITY and STATE) with the STATE. IV LEGAL RELATIONS 4.0 The CITY shall indemnify and hold the STATE, and its agents, employees and/or officers harmless from and shall process and defend at its own expense any and all claims demands, suits at law or equity actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought against the STATE, its agents, employees and/or officers arising out of, in connection with, or incident to the execution of this AGREEMENT and/or the CITY's performance or failure to perform any aspect of this AGREEMENT. PROVIDED, however, that if such claims are cause by or result from 2/3 GCA-3901 the concurrent negligence of (a) the CITY and (b) the STATE, its agents, employees and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the CITY, and PROVIDED FURTHER, that nothing herein shall require the CITY to hold harmless or defend the STATE, its agents, employees and/or officers from any claims arising from the sole negligence of the STATE, its agents, employees, and/or officers. This indemnification shall survive the termination of this AGREEMENT. V VENUE 5.0 In the event that any PARTY deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the PARTIES hereto agree that any such action or proceedings shall be brought in a court of competent jurisdiction situated in Thurston County, Washington. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written. CITY OF BREMERTON: STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION: By: By: Cary Bozeman, Mayor Randall A. Hain, Region Administrator Date: Date: ATTEST: By: City Clerk Date: APPROVED AS TO FORM: APPROVED AS TO FORM: BY:city Attorney Assistant Attorney General t~ Date: Date: .~" ,/0 '~'0~/¢~ 3/3 GCA-3901 GCA-3901 Exhibit "A" Vicinity Map 1/1 DATE SUBMITTED: March 18, 2004 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: AuthOrize a Budget Adjustment Committee Meeting Date: March 23, 2004 to the General Govermnent Capital Improve- COUNCIL MEETING Date: March 31, 2004 ment ~,~,d -to trued '~.e. R~t. ~r. Department: Finance bS~ L~0~' ff;~ ~ ~Y~. 6~'d&~q Presenter: Michael R. Wilson 0j~(t-~l. Iv~r'~ve. wx~t-S o Phone: 473-5590 SUMMARY: Since the $100,000 Gates Foundation grant has been canceled due to continued delays with the Martin Luther King Jr. ~id~, project, it our reconunendation that the City reapply for the Gates grant upon securing commitments from both the City of Bremerton and Kitsap County to each contribute $100,000 to fund the balance of the project costs. The City's $100,000 contribution toward the library project would come from the fund balance of the General Government Capital Improve- ment Fund (Fund 308) through a Council-approved budget adjustment to this fund. ATTACHMENTS: Library Project Budget and Memorandum.; FISCAL IMPACTS (Include Budgeted Amount): There would be a $100,000 decrease in the fund balance of the General Government Capital Improvement Fund. APPROVALS: DEPARTMENT DIRECTOR: ,-~ - ........ CITY ATTORNEY: ' ~7,'~ ~~i]~~~.~i~ FINANCE DIRECTOR: : MAYOR: FISC^ GET: .4/ f NSENT OPERATIONS: .~ ~ ).17;~=~: [~"~4 AGENDA COUNCIL PRESIDENT: - ~],.)~'v~*~.-. RECOMMENDED MOTION: I move to approve a Budget Adjustment authorizing the appropriation of $100,000 in the 2004 General Governmental Capital Improvement Fund (Fund 308) tofundcapitalimprovementstotheMartinLutherKingJr./ttd~ 0u, to~ at~arb, vr( 7-~ ad~~ l~¥o t- COUNCIL ACTION: L_J Approve [] Deny [] Table [] Continue [] No Action Department of Administrative Services/Finance 239 Fourth Street, Bremerton, WA 98337 Telephone: 360-478-5590 Fax: 360-478-5200 mwilson@ci, bremerton, wa. us Michael R. Wilson, Director of Finance TO: Council President Daren Nygren Bremerton City ~ouncil FROM: Michael R. Wils n~,,~\w-~ SUBJECT: Martin Luther King Jr. Library DATE: March 18, 2004 Since the decision was made to not pursue moving the Martin Luther King Jr. L4br-apy into the Government Center, we have returned to the original plan to rehabilitate the facility using the project cost estimate of approximately $400,000. This estimated cost to perform major interior and exterior work was based on initial funding commitments from the following sources: CDBG grant ($100,000), "Friends of the Library" fund raising ($200,000), and Gates Foundation grant ($100,000). Over the last several weeks, I have reviewed the status of this project with the Kitsap Regional Library Board, Gates Foundation staff and Kitsap County Commissioners. Upon consultation with the Gates Foundation, I was recently informed that the Gates grant has been canceled due to continued project delays. The favorable news, however, is that they have offered us with an opportunity to reapply for this grant. Although the Gates Foundation no longer funds library projects, they have agreed to give special consideration to our application at their meeting in May, provided we submit a compelling grant application and are able to secure in advance the additional $200,000 in matching funds. The Gates Foundation grant is a critical funding resource for the restoration of this historical building. If we do not put together a successful collaborative effort to secure this Gates grant, the City will then need to redefine the scope of this project to just spend the $100,000 in CDBG grant funds for minor building repair work. It is our recommendation that the City reapply for this grant upon securing commitments from both the City of Bremerton and Kitsap County to each contribute $100,000 to fund the balance of the library project costs. I met with the Kitsap County Commissioners on March 3 and 17 to seek County funding for this project. The Board of Commissioners has given preliminary approval to contribute $100,000 toward this project if we are able to secure grant funding. If the Council supports funding this project, the budget source would be the City's General Government Capital Fund. This Fund ended fiscal year 2003 with an additional $254,000 in revenue due to increased real estate excise tax collections. This library capital project would be a qualified and appropriate project for use of these funds; therefore, it is our recommendation for the City Council to appropriate $100,000 for this project from this Fund. DOWNTOWN BREMERTON LIBRARY RENOVATION PROJECT BUDGET SUMMARY A/O FEBRUARY 25, 2004 PROJECT EXPENSE Exterior Reroofing and weatherization $7,000 Exterior restoration, painting and coating 15,500 Entry lighting 2,000 Replace exterior doors 6,000 Replace art deco style windows 60,000 Landscaping, signage, irrigation 5,000 Interior Replace acoustical ceiling tiles 10,000 Painting, including decorative work 22,500 Replace flooring at main floor 38,000 Plumbing upgrades 20,000 Casework, trim and millwork replacement 10,000 New handicap accessible restroom 18,500 Replace lighting at main floor 30,000 Technology infrastructure upgrades 10,000 Electrical upgrades 12,500 HVAC ststem upgrades for air delivery 12,500 Sub-total 279,500 General Contractor Overhead & Profit 13.50% 37,733 Subtotal - Construction Expense 317,233 Washington State Sales Tax 8.60% 27,282 Consultant Services: Architectural & Engineering 12.00% 38,068 Administration, Bidding & Estimating Contingency 3.50% 11,103 Permits and fees (estimated) 2,504 Subtotal - Project Expense 78,957 Subtotal - Combined Construction & Project Expense 396,190 Project Contingency 5.00% 19,810 Total Expense $416.00._~.__~0 PROJECT REVENUE CDBG Grant 100,000 Gates Foundation Grant 100,000 Friends of the Library 16,000 City of Bremerton 100,000 Kitsap County 100,000 Total Revenue $416.000 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BREMERTON AND KITSAP COUNTY Downtown Bremerton Library This Memorandum of Understanding is executed by the City of Bremerton (City) and Kitsap County (County) on the date fully executed below. The purpose of this Memorandum of Understanding is to clarify the County's commitment to pay $100,000 to the City as part of the financing for renovation of the Downtown Bremerton Library (Library). The City has developed a financial plan for renovation of the Library in the aggregate amount $416,000. This plan includes funding by the City, the City's Community Development Block Grant program, a private foundation, the Gates Foundation, a local group, the Friends of the Library, as well as the County. The City's request to the County is for $100,000. This Memorandum clarifies that it is the parties' intent that the County pay the City $100,000 as noted above from funds currently appropriated in the County's General Fund for "one - time" expenditures, and the execution by the parties below documents such intention. The payment of $100,000 shall be paid by the County upon execution, by the City, of a construction contract for renovation of the Library facilities. This Memorandum is executed by the parties as follows: CITY OF BREMERTON K1TSAP COUNTY By: CaD, Bozeman By: Malcolm Fleming Its: Mayor Its: County Administrator APPROVED AS TO FORM APPROVED AS TO FORM Roger A. Lubovich Kevin Howell City Attorney Deputy Prosecuting Attorney G:~BUDGET~DATA~Projects~Bremerton Librar3ABremerton Memorandum of Unders~nding March 19doc DATE SUBMITTED: March 11, 2004 BILL AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution # ~ ~ ~'- Setting Committee Meeting Date: March 23, 2004 a Hearing Date of April 28, 2004, for COUNCIL MEETING Date: March 31, 2004 Vacating a portion of First Street located Department: PW&U, Engineering ~ between Marion and Yantic Avenues. Presenter: Michael Mecham Phone: 473.5288 SUMMARY: The City received a petition from Victor Targett to vacate a portion of First Street located between Marion and Yantic Avenues. This right-of-way consists of steep vegetated hillside and is not being used by the public. The petitioner is requesting the vacation to correct a previously recorded short plat. This is a Class III right-of-way and compensation is not required in accordance with BMC 11.20.140. ATTACHMENTS: 1.) Resolution # ~.~)-'~)T2.) Site Map; 3.) Engineering StaffReport FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: '~ ~-~-~~.-/'~. FINANCE DIRECTOR: '" FISCAL/B~GET: CO~CIL PRESIDENT: ~COMMENDED MOTION: Move to pass Resolution ~ setting a hearing date of April 28, 2004, for vacating a potion of First Street located between M~on and Y~tic Avenues. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action ab, Agenda Bills 2004, First Street Vacation. Reso 53 RESOLUTION NO. A RESOLUTION of the City Council of the City of Bremerton, Washington, establishing a hearing date for the proposed vacation of a portion of First Street located between Marion and Yantic Avenues. WHEREAS, the City received a petition to vacate a portion of First Street located between Marion and Yantic Avenues; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BRt~MERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION L A public hearing will be held on April 28, 2004, at 5:30 p.m. or later at the Bremerton City Hall, 239 Fourth Street, Bremerton, Washington, to take public comment or consider written objections to the vacation. SECTION 2. If fifty percent or more of the property owners abutting said right- of-way file written objections to this action prior to the time set for public hearing herein, the hearing shall be canceled and there shall be no further proceedings under this resolution. SECTION 3. Severabilit¥. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this day of ,2004. DAREN NYGREN, Council President First Street - Public Hearing APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, Interim City Clerk ab, Agenda Bills 2003, Dec Streetlight Standards, 12-03, Resolution 2 First Street - Public Hearing YAN'I'IC A~ I I NOR~: Assumed SCALE: 1"--40' .x.,.,~ .^~ I~.~.~. I ~.~.o. 1 ROAD VACA'I~ON CONSULT~TS INC. FOR: DO'EAST IDA~: IJ~ N°'j ~".~.~"~'~"~' ~1 DE~LOPMENT, L.LC. 6~09~05 2975 STREET VACATION REQUEST Ist STREET AT YANTIC AVENUE ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: April 28, 2004 PREPARED BY: Gunnar Fridriksson SUMMARY A. Applicant: Downeast Development Attn: Victor Targett P.O. Box 789 Bremerton, WA 98337 Location: West half of the South half of 1st Street at intersection with previously vacated Yantic Avenue. B. Attachment: Vicinity Map and Vacation Area Map BACKGROUND The applicants have petitioned the City of Bremerton to vacate a portion of 1st Street which abuts their property (approximately 450 sf). This portion of 1st Street has a steep topography, and has never been developed for mad purposes. The lead on this application is a development company, which has recently recorded a short plat on the abutting property (City of Bremerton Short Plat #PL02-0019). In that short plat, the previous right of way vacation for Yantic Avenue (City of Bremerton Ordinance #4758) was shown incorrectly. This vacation would correct the previously recorded short plat documentation. RIGHT-OF-WAY CONDITIONS · Functional Classification Arterial · Existing R-O-W Width 30 feet · Proposed R-O-W Width N/A · Pavement Width N/A · Surface Type N/A · Curb and Gutter N/A · Sidewalks N/A 22 October 2003 lS~ Street at Yantic Avenue Page 1 of 4 HEARING CONSIDERATIONS BMC 11.20.120 sets forth issues that the City Council needs to determine at the conclusion of the Vacation Hearing. These issues and the staff position are: 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position: Due to the topography of the area in question (steep slopes), it is unlikely that this portion of 1st Street will be utilized for roadway purposes. 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position: The proposed vacation does not conflict with the Comprehensive Plan. 3. Whether continued use of the proposed vacation as a public way is not of such public benefit as to justify the costs of maintenance. Staff Position: This portion of the right-of-way is not being used for public way purposes. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: Substitution of a new and different thoroughfare would not be useful to the public. 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: No future use of this portion of right-of-way is anticipated. 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: There are no objections. All abutting property owners have signed the petition for the proposed vacation. 22 October 2003 1~ Street at Yantic Avenue Page 2 of 4 SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES All private utility companies have been contacted. Puget Sound Energy, Cascade Natural Gas and Qwest will retain easements. Utilities easements are to be reserved for the existing City water utilities. SUFFICIENCY OF SIGNATURES The request for the vacation was made by more than two thirds (on a front footage basis) of the property owners abutting the property to be vacated. COMPENSATION This is a Class III right-of-way as defined in Ordinance 4664. This type of right-of-way is limited to a public easement which is generally unimproved and for which no public funds have been expended in the acquisition or providing improvements. No compensation is required for Class III right-of-way. STAFF RECOMMENDATION Department of Community Development, Police, Fire and Engineering supports this vacation. City Attorney wishes to be assured the utility easements will be properly reserved. Staff recommends that this Street Vacation be approved as requested without modification. 22 October 2003 1st Street at Yantic Avenue Page 3 of 4 Standing on north edge of Ist Street, looking south towards Yantic Avenue. Standing at north edge of vacation, looking east along 1st Street at slope. 22 October 2003 l~t Street at Yantic Avenue Page 4 of 4 ~ /0