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02/25/04 AGENDA
FILE 239 4th Street · Bremerton, WA 98337" Phone (360) 478-5280 · Fax (360) 478-5251 CITY COUNCIL MEETING AGENDA FEBRUARY 25, 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 A. Minutes of Meeting - February 18, 2004 (#AB04-030) 4. CLAIMS/CHECK REGISTERS 5. MAYOR'S REPORT 6. NEW BUSINESS A. Budget Adjustment FY04 regarding Communications Funding and Contract Approval / for Communications & Marketing with GRAF-HOKE, INC. (#AB04-031) 7. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS A. Ordinance No. 4889 [Second Reading] Amending and Recodifying Chapters 2.02 and 2.04 of the Bremerton Municipal Code (#AB04-028) I/ 8. PUBLIC RECOGNITION - Comments limited to 3-minutes 9. COUNCIL MEMBER REPORTS 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING E-mail: citycounciJ@ci.bremerton.wa.us · Web: www. ci.bremerton.wa.us DATE SUBMITTED: February 20, 2004. BILL # O~4 ~ AGENDA BILL CITY OF BREMERTON 3 ~ CITY COUNCIL SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A February 18, 2004 COUNCIL MEETING Date: February 25, 2004 Department: City Council Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held February 18, 2004. ATTACHMENTS: Minutes for February 18, 2004 FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: ~~ RECOMMENDED MOTION: o e to pass the Consent Age-"~-d'ffas presented. / COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action TAPE #1938 CITY COUNCIL MEETING MINUTES Wednesday, February 18, 2004 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, February 18, 2004, at 5:30 PM., with Council President Daren Nygren presiding. Council members present were Mike Short, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, Cecil McConnell, and Brad Gehring. Council member Will Maupin was absent. Aisc present were City Attorney Roger Lubovich; Interim City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Pastor Rick Beaudry of Calvary Chapel. President Nyqren made the following announcements: 1. The Pre-Council session was held in the Council Conference Room from 5:00 to 5:30 PM. CONSENT AGENDA A. Minutes of Meeting - February 11, 2004 (#AB04-025) #0045 M/S/C/U (Priest/McConneil) Move to approve Consent Agenda as presented. CLAIMS & CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0070 M/S/C/U (McConnell/Short) On February 18, 2004, the Council approved payment of Check numbers 287939 through 288305; and EFT-8040 through EFT- 8045 in the amount of $2,395,063.00 on the Master Check Register; and Regular Payroll in the amount of $1,150,926.35 for the pay period ending January 31, 2004. MAYOR'S REPORT - There was no Mayor's Report tonight... 6A - PROMOTION OF MICHELLE EICHHORN TO "CDBG PROGRAM ADMINISTRATOR" AT BAND '11, RATE 4 (#AB04-026): Chris Huqo, Community Development Director, explained that there is pending vacancy in the CDBG Program Administrator position with the retirement of Marylyn Waibel on February 27, 2004. Michelle Eichhorn, current CDBG Program Coordinator, is selected for promotion to the Administrator position. With this promotion, Ms. Eichhorn's salary is proposed at Band 11, Rate 4, Professional Pay Plan. Her current salary is Band 10, Rate 4. There were no comments from the public. #0165 M/S/C/U (Short/Arends) Move to approve salary Band 11, Rate 4, Professional Pay Plan, for Michelle Eichhorn's promotion to CDBG Program Administrator effective Mamh 1, 2004. 6B - NEW HIRE OF "CDBG PROGRAM COORDINATOR" AT BAND 10~ RATE 4 (#AB04-027): Chris Hu,qo, Community Development Director, announced that there is a pending vacancy in the CDBG Program Coordinator position with the retirement of Marylyn Waibel as CDBG Program Administrator and anticipated promotion of Michelle Eichhorn into the Administrator position. Shirley Aird, currently CDBG Administrator in Auburn, is the selected candidate for the vacancy. There were no comments from the public. #0320 M/S/C/U (Arands/Short) Move to approve the hire of Shirley Aird to the position of CDBG Program Coordinator at Band 10, Rate 4, in the Professional Pay Plan effective March 1,2004. TAPE #1938 City Council Reg. Mtg. Minutes February 18, 2004 Page 2 of 4 7A- PUBLIC HEARING AND ORDINANCE NO. 4888 [SECOND READING] VACATING THF NORTHERLY PORITON OF THE ALLEY BOUNDED BY NAVAL AVENUE~ 11T" STREET~ AND 10TM STREET (#AB04-023): The first reading of this ordinance was heard on February 11, 2004. Luke Korpi, Managing Engineer, was available to answer any questions. There were no comments from the public. #0355 M/S/C/U (McConnell/Robinson) Move to pass Ordinance No. 4888 on second reading vacating the northerly portion of the alley bounded by Naval and Olympic Avenues, 11 h Street, and 10th Street. 7B - PUBLIC HEARING AND ORDINANCE [FIRST READING] AMENDING AND RECODIFYINR CHAPTERS 2.02 AND 2.04 OF THE BREMERTON MUNICIPAL CODE (#AB04-028): Ro.qer Lubovich, City Attorney, stated that the current provisions of Chapter 2.02 of the Bremerton Municipal Code (BMC) would be more appropriately codified in Title 1 of the BMC. The proposed ordinance recodifies BMC Chapter 2.02 as Chapter 1.02 and updates the provisions relating to "CITY OFFICE HOURS". Additionally, the proposed ordinance recodifies BMC Chapter 2.04 relating to "CITY COUNCIL" as a new BMC Chapter 2.02 and updates the provisions of said Chapter in order to allow more flexibility and efficiency in administering City Council business, such as allowing the City Council to hold their meetings outside the Council Chambers or Conference Room as long as it was adequately noticed within the City limits. Gordy Byrd wanted to know why the Council has always rescheduled their meetings to a Tuesday rather than "the day after" if it was in violation of State law. Mr. Lubovich explained that past Council meetings rescheduled on Tuesday were not rescheduled due to a holiday, but rather due to other reasons. He added that State law only addresses the requirement of rescheduling meetings to "the day after" due to holidays. #0615 M/S/C/U (Arends/Short) Move to approve the proposed ordinance on first reading. 7C - PUBLIC HEARING AND RESOLUTION NO. 2920~ DESIGNATING A CONSISTENT STREETLIGHT STANDARD FOR THE DOWNTOWN CORE AND DOWNTOWN WATERFRONT ZONING DISTRICTS (#AB04-029): Gary Sexton, Economic Development Director, emphasized that the Department of Public Works & Utilities desires to specify a particular streetlight for the downtown phase of the SR304 Transportation Improvement Project. In addition, the Department desires that this streetlight be adopted as the standard for development and redevelopment projects in the Downtown Waterfront (DW) and Downtown Core (DC) zoning districts. A single standard will ensure that decorative streetlights in these districts are consistent in design, function, and aesthetics. It was also explained that a substitute Resolution was provided to clarify language. Gene Sampley, Public Works Director, and Chris Hu.qo, Director of Planning, were also available to answer questions on this issue. Mr. Lubovich pointed out that a substitute Resolution which clarifies the coverage area has been distributed to replace the Resolution first provided in the Council packet. Gordy Byrd questioned why the Council would spend money to place decorative streetlights on the streets when they are considering plans for a tunnel that would take most people underground. Mr. Sexton explained that whether the City chooses the tunnel or a street-surface alternative, Paci~c Avenue would remain the primary ingress and egress. The purpose of all these plans is to create a pedestrian-friendly environment while at the same time deal with the traffic from the ferries. These streetlight standards would ensure that decorative streetlights were used. Mr. McConnell asked about the pricing of the poles, if the shipping price was included, and why the design of the current streetlights was not considered? Mr. Sexton explained that SPRING CITY ELECTRICAL MANUFACTURING COMPANY guaranteed the same price for single item projects as for larger TAPE #1938 City Council Reg. Mtg. Minutes February 18, 2004 Page 3 of 4 projects, and confirmed that the shipping price was included in the cost; and further explained that the proposed streetlights currently focus more light on the sidewalks rather than on the streets. Mr, Short pointed out that the new streetlights only cost $600 more, but offer a far greater aesthetic value. Mrs. Arends added her comments to support the substitute Resolution that was presented. Mr, Gehrin.q asked for clarification on the boundaries of the new area, and if the implementation would be gradual, emphasizing the downtown area. Mr, Sexton accepted the Council's preference for the gradual approach, but was hopeful that the Council would consider annual budgeting. Mr. Shepherd agreed with the approach for using a streetlight that was more pedestrian-friendly, but did not think it was practical to expect that the City would be able to implement these new standards Citywide because of all the other standards adopted in the past. He also thought these new standards would only increase the cost for improvements in the downtown core, and maintenance costs would be high. President Ny,qren recognized that the City has many distinct neighborhoods, and clarified that the goal was not to make all neighborhoods look the same by extending these streetlight standards throughout the City, but only in the designated area of the downtown core. Wendy Priest supported this proposal because she finds the selected streetlight fixtures are very attractive, believes that the components which give a downtown a unique identity are extremely valuable, and even citizens who attend Comp Plan hearings indicated that they want a City they could be proud of. Lastly, she pointed out that because these fixtures have two arms, the number of fixtures needed would be reduced because they could be spaced farther apart, saving on the cost. #1380 M/S/C (Robinson/Arends) Move to pass the substituted Resolution No. 2920, designating a consistent streetlight standard in the Downtown Core and Downtown Waterfront zoning districts. Voted in favor of Motion: Short, Gehring, Priest, Robinson, Arends, Nygren Voted opposed to Motion: McConnell, Shepherd Motion carried: 6-Yes; and 2-No PUBLIC RECOGNITION Vivian Henderson provided comments to express her dismay at the City Council for appealing the recent changes to the County's Comprehensive Plan. President Ny.qren explained this was a "non- hostile" action, and the purpose of the appeal was necessary to insure the concerns of the City were heard as the appeal deadline was fast approaching. He further explained that the City Council had sent a letter the Commissioner's prior to their decision, unfortunately, the letter was held up in their Planning Department, and they did not receive the letter until after they voted. Gordy Byrd thanked all the people who contacted him with offers to bail him out of jail when they confused him with the "Gordon Bird" who was recently arrested. Katrina Fulkerson invited the Council and members of the public to the "SPLASH & JAM" event this Saturday at the YMCA and Glenn Jarstad Aquatic Pool. The event is sponsored by the YMCA and the City of Bremerton, and is an event for the entire family. Parents and members of the YMCA are free, and non-members pay $5.00 for games, swimming, hot tubing, crafts, movies, and food. COUNCIL MEMBER REPORTS Mike Short reminded the public about the Community Meeting for Districts 6, 7, 8, & 9 on Monday, February 23 in the Conference Room of the Public Works & Utilities Building located at 100 Oyster Bay Drive from 7:00 to 8:30 P.M. Carol Arends mentioned that she would be one of the hosts at the Community Meeting for Districts 6, 7, 8, & 9, and encouraged citizens to cancel any plans to attend the meeting! TAPE #1938 City Council Reg. Mtg. Minutes February 18, 2004 Page 4 of 4 Dianne Robinson reiterated that Community Resource Officer Karen Pierson would be in attendance to discuss the "Level III Sex-Offender Notification Process"; Lt. Tim Lopez would be discussing the "Explorer's Program"; and Police Chief Rob Forbes would be available to answer any questions. Mike Shepherd announced the Evergreen Neighborhood Association would be hosting a meeting on Sunday, February 22 at 4:00 P.M. at the Caf~ Destino; and was impressed with the "Last Resort Fire Department" museum of fire trucks and equipment organized by the Fire Fighters Historical Society, and commented that he hopes a similar museum will be brought to Bremerton, Wendy Priest provided one last announcement for the District 4 & 5 would also be hosting a meeting on Thursday, February 19 from 6:30 to 8:30 P.M. at the Memorial Lutheran Church located at 10th & Veneta Avenue with members of the Bremerton School Board discussing future plans for Bremerton.; and indicated that she would be attending the meeting with the Evergreen Neighborhood Association. Cecil McConnell noted that he would be providing the refreshments at the combined District 1 & 2 Community Meeting that he would be hosting with Council member Brad Gehring. Brad Gehrinq added that the combined District 1 & 2 Community Meeting would be held tomorrow, on February 19, from 6:30 - 8:00 P.M. at the Sheridan Park Recreation Center located at the corner of Lebo Blvd. & Claire Avenue, with Community Resource Officer Karen Pierson describing the "Level III Sex-Offender Notification Process"; and City Engineer Mike Mecham discussing "Speed Bumps". He also recognized and thanked Ray Pitts for his work in organizing charitable events; and with sadness, announced a memorial service would be held for Army Staff Sergeant Christopher Bunda at 11:00 A.M. this Friday at the Holy Trinity Roman Catholic Church on Pine Road. Daren Ny.qren mentioned that at his District 3 meeting last week, he had the same program about the "Future of Bremerton Schools" that will be presented tonight at the District 4 & 5 meeting, and encouraged all citizens of Bremerton to attend; and thanked the East Bremerton Rotarians for inviting him to their breakfast meeting this morning, and acknowledged all the great work they do in the community. Lastly, he thanked everyone in the audience who attended the meeting tonight. With no further business, the meeting of the City Council was adjourned at 6:39 P.M. Prepared and Submitted by: LORI SMITH Legislative Assistant Attest: PAULA JOHNSTON, Interim City Clerk DAREN NYGREN, City Council President City of Bremerton DN/PJ/Is/cge DATE SUBMITTED: 2/12/04 BILL # 0k~ ~ 0.'3I AGENDA BILL CITY OF BREMERTON b A CITY COUNCIL SUBJECT: Budget Adjustment FY04 re: Committee Meeting Date: 2/17/04 Communications ~-" * _ .... "--_Funding COUNCIL MEETING Date: 2/25/04 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 and employee recognition, a a.4:.:A_~,,, ,~.~ A .~.~1.,~.___.,. . , · ~ ~, ....... ........ o _. z. ........... . -Z--'Z Finally, staffrecommends approval of a professional service agreement with Graf-Hoke, Inc. for communications and marketing. ATTACHMENTS: 2004 Budget Adjustment PSA with Graf-Hoke, Inc. FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: ~ CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: . .-~/~;~,/~-'7~-' OPERATIONS: ,~" ~~L-~--~-~ ~ I CONSENT AGENDA [] COUNCIL PRESIDENT: RECOMMENDED MOTION: 1) I move to approve the 2OO4 Bndget Adjustment authorizing the fnnding of $50,OOO for the Communications Plan .__a 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 Graf-Hoke for 2004 to be written and presented with the budget adjustment ($1,700 per month for this service). Advertising - items submitted to the Patriot and the Sun promoting various events $ g,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 the 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 of the promotional material that is printed 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; 4t~ of July fireworks; $ 6,000 employee picnic; employee Christmas party; employee recognition. Total Executive Department budget adjustment $50,000 Ending Fund Balance $1,355,964 7 I Mayer CoFy Bozeman cbozemanOci.bremerton.wa.us February 19, 2004 239 4th Street MEMO TO: City Council ~/2~ Bremerfon, 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 Comtnerce, 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 ontside 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. 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 fully 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. Ill. 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 right 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. Bremerton/Hoke 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 enfomement 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 liability 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 furnish 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 Bremerton/Hoke 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 13 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 govemmant 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 fi-om 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 Bremetton, including setting up photo opportunities. · Oversee management, quality control, production, distribution of communication 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. Bremerton/Hoke Consulting dba Graf-Hoke, Inc. Page 7 of 7 EXHIBIT A t5 DATE SUBMITTED: February 4, 2004 BILL # 0 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public hearing on ordinance Committee Meeting Date: February 10, 2004 amending and recodifying BMC Chapters COUNCIL MEETiNG Date: i/ebruary~l~mad 25, 2004 2.02 and 2.04 Department: City Attomey's Office ~'~/_,~ ~'ea.o~;~,a) Presenter: RogerA. Lubovich Phone: 2345 SUMMARY: The current provisions of Chapter 2.02 of the Bremerton Municipal Code (BMC) would be more appropriately codified in Title 1 of the BMC. The proposed ordinance recodifies Ch. 2.02 BMC as Ch. 1.02 and updates the provisions relating to City office hours. Additionally, the proposed ordinance recodifies Ch. 2.04 BMC relating to City Council as a new Ch. 2.02 BMC and updates the provisions of said chapter in order to allow more flexibility and efficiency in administering City Council business. ATTACHMENTS: Proposed Ordinance /~]{7, /7/~ q FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: OPERATIONS: i~ CO~CIL P~SIDENT: ~ ~COMMENDED MOTION: 2. I move to pass Ordinance No. ~ on second reading. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Title 2 of the Bremerton Municipal Code by amending and recodifying Chapter 2.02 relating to City office hours as Chapter 1.02 and amending and recodifying Chapter 2.04 of the Bremerton Municipal Code relating to the City Council meetings as Chapter 2.02. WHEREAS, the current provisions of Chapter 2.02 of the Bremerton Municipal Code relating to City Office hours would be more appropriately codified in Title 1 of the Brernerton Municipal Code; and WHEREAS, the City Council desires to recodify as Chapter 1.02 and amend the provisions of Chapter 2.02 of the Bremerton Municipal Code relating to City office hours; and WHEREAS, the current provisions of Chapter 2.04 of the Bremerton Municipal Code relating to City Council business meetings would be better established in a City Council rule or policy; and WHEREAS, the City Council desires to recodify Chapter 2.04 of the Bremerton Municipal Code as a new Chapter 2.02 and update said chapter in order to allow for more flexibility and efficiency in administering City Council business; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTIONL Chapter 2.02 of the Bremerton Municipal Code entitled "City Business Hours" is hereby recodified as Chapter 1.02 of the Bremerton Municipal Code and amended to read as follows: Chapter 2.~21.02 CITY BUSINESS HOURS ........ 1.02.010 CITY OFFICE HOURS. ilab! "~ '~'~ _cc.~^ b - ~ ....~'"~ ":-~' ~' ..... '~ Il fc, r lunch City offices~ a',;a c .............z, al! ~c. ~,pcn ,,.,0 ........... o ...........a c.;;' . which routinely conduct business with the public, shall be open for the transaction of business between the hours of 8:00 a.m. and 5:00 p.m. of each business day from Monday through Friday~ unless otherwise posted. These offices shall be closed on Saturday~ Sunday and holidays. City Business and City Council 2.~2.~2~1.02.020 LEGAL HOLIDAYS. (a) The following holidays are adopted as legal holidays for the City: The first day of January (New Year's Day); the third Monday of January (Martin Luther King's Birthday); the third Monday of February (President's Day); the last Monday of May (Memorial Day); the Fourth day of July (Independence Day); the first Monday in September (Labor Day); the eleventh day in November (Veteran's Day); the fourth Thursday and Friday in November (Thanksgiving holiday); the twenty-fifth day of December (Christmas Day); and any other day designated by public proclamation of the Chief Executive of the State as a legal holiday or as a day of thanksgiving. (b) Whenever a legal holiday falls upon a Sunday, the following Monday shall be a legal holiday, and whenever any legal holiday falls upon a Saturday, the preceding Friday shall be a legal holiday. SECTION2. Chapter 2.04 of the Bremerton Municipal Code entitled "City Council" is hereby recodified as Chapter 2.02 of the Bremerton Municipal Code and amended to read as follows: Chapter 2.0402 CITY COUNCIL 2.0402.010 TISS-E AND PLACE MEETINGS. (a) Regular meetings. The time and place of the regular meeting of the City Council required by Charter shall be each Wednesday at five-thirty p.m. at the designated Council Chambers or the City Council ©fficcConference Room, City Hall, Bremerton, Washington or an? other place within the corporate limits of the City as provided in the public notice of meeting. Provided, however, if such meeting day falls upon a legal holiday, then pursuant to th~ ....... RCW 42.30.070, such regular meeting shall be held on the next business da? r-tw~a~hdod (b) Agendas and notice of regular meetings. A regularly scheduled City Council meeting may consist of a business meeting and/or study session, a combination thereof, or any other format as established by the Coity C~ouncil. Notices of agendas of all regular meetings shall be posted at City Hall and delivered to the local television station and local newspaper of general circulation by mail, facsimile or other similar means. Agendas for City Council business meetings shall be in a format established by Cit? Council roles and procedures. ~ 2. Cen:ent Agenda 2 [ 9 City Business and City Council (c) Pre-council meetings. The City Council shall meet at 5:00 p.m. on the same day~ immediately prior to the regular weekly council meetings~ for a pre-council meeting to discuss the agenda for such regular meeting and/or other administrative matters. (d) Special meetings. Pursuant to RCW 42.30.080~ special meetings of the City Council may be held~ after public notice has been given~ at a time and place as specified in the notice of meeting. (e) Committees. The City Council may~ by rule or procedure~ establish council committees, and procedures for such committees, to assist the City Council in conducting it's business. (f) Changes to meeting schedules and. format. Changes to the time~ place and format (such as agendas) of any council meeting may be changed by the council subject to the provisions of the City Charter and state law relating to council meetings. (g) Rules and Procedures. The City Council may adopt any rules and procedures it deems appropriate to implement the provisions of the City Charter and this chapter relating to council meetings and council business. ~-'~ ~^~ ~"~' ~- ~--~:~'-~':"~ matters. 2.04~4002.020 COUNCIL MEMBER SALARY SCHEDULE. Council member salary schedules shall be established and filed with the Ceity Celerk by the Bremerton Citizen's Commission on Council Salaries pursuant to the Charter. SECTION 3. Severabilit~. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION& Ef. fective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ,2004 PASSED by the City Council the day of ,2004 DAREN NYGREN, Council President City Business and City Council Approved this day of ,2004 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, Interim City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2004 EFFECTIVE the .day of ,2004 ORDINANCE NO. R:\LEGAL\Ordinances\City Council\Ch. 2.04 Amend.doc City Business and City Council