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HomeMy WebLinkAbout03/19/2008 AGENDA I ' FILE CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 0 (360) 473-5280 March 19, 2008 CITY COUNCil MEETING AGENDA 1. PRE-COUNCil STUDY SESSION: 5:00 - 5:30 P.M. in COUNCil CONFERENCE ROOM 603 A. General Council Business 2. CAll TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. PUBLIC RECOGNITION & ANNOUNCEMENTS 5. CONSENT AGENDA A. Claims & Check Register (#AB08-055) B. Minutes of Meeting - March 5, 2008 (#AB08-056) C. Minutes of Meeting - March 12, 2008 (#AB08-057) D. Interlocal Agreement with Kitsap County for checking and correcting of Census address information and counts (#AB08-058) ... . E. Interlocal Agreement between the City of Bremerton and Kitsap Regional Coordinating Council making Bremerton part of the Kit-Net fiber optic network (#AB08-059) F. Purchase of Total Work Station Survey Equipment from KUKER RANKEN, INC. for the Engineering Division (#AB08-060) G. Professional Services Agreement with RH2 ENGINEERS, INC. for Engineering Design Services for the Sheldon Boulevard Sewer (#AB08-061) H. Purchase of 10 Traffic Signal Controllers from ECONOLlTE CONTROL PRODUCTS, INC. in the amount of $35,349.30 (#AB08-062) I. Position Reclassification of two Accounting Assistant II positions to two Customer Service Representative positions in the Utility Billing Office (#AB08-063) J. Ordinance No. 5043, recodifying BMC Chapter 2.36 "Lodging Tax Advisory Committee" as BMC Chapter 2.38 (#AB08-064) K. Appointment of Kim M.J. Stewart to the Design Review Board (#AB08-065) 6. GENERAL BUSINESS A. Purchase of Replacement Sports Field Lighting from Musco LIGHTING for Lions Field (#AB08-066) B. Ordinance No. 5044, modifying the Business & Occupation Tax for activity on Industrially Designated Port District Property (#AB08-067) 7. COUNCil MEMBER REPORTS 8. ADJOURNMENT OF CITY COUNCil BUSINESS MEETING . Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. DATE SUBMITTED: 3/17/2008 BILL # 08-055 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SA ........................................................................................ Claims & Check Register Committee Meeting Date: COUNCIL MEETING Date: March 19, 2008 Department: Financial Services Presenter: Cathy Johnson Phone: 473-5296 SUBJECT: SUMMARY: Consent Agenda item. Approval of checks and electronic fund transfers. ATTACHMENTS: Check Register. FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: A{J4f/RP(~ ~y~ . CONSENT AGENDA ~ GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: 1) Check #'s 323287 through 323288 and EFT's 7730 through 7735 in the amount of$10,434.88. 2) Regular Payroll for the pay period ending in the amount of $ COUNCIL ACTION: ~ Approve D Deny 0 Table o Continue 0 No Action DATE SUBMfTTED: BILL i! __Q~:-_Q!i6:____ AGENDA BILL CITY OF BREMERTON ~B CITY COUNCIL :J .11 II II II II II" a II. II II _ II II.. II II II II II II II II II II II.. II II II II II II II II II II II II II II II II II II II II II II II II II.. II II II II II II II II II II II II II II II II II II 111111.. II II II II II II' N/A M4rvh /9. Joo8 City Council' . Will Maupin, Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting held l1tJ.n.", ~ a 00 8 I SUB.IEeT: City Council Meeting Minutes for meeting of 114rct.. S- f J... 008 Committee Meeting Date: COUNCIL MEETING Date: Dcpartnlcnt: Presenter: ATTACHMENTS: Meeting Minutes for 11 t1rc~ L ;-, :J.. D08 FISCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: Council President N/A N/A N/A COMMITTEE CHAIR COUNCIL PRESIDENT: ~ /t{ ~a;V7- CONSENT AGENDA [B" GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: 0 Approve 0 Deny [] Table [J Continue [J No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, March 5, 2008 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington, Wednesday, March 5, 2008, at 5:30 PM, with Council President Will Maupin presiding. Council members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, Cecil McConnell, and Brad Gehring. Also present were City Attorney Roger Lubovich; City Clerk Carol Etgen; and Legislative Assistant Lori Smith. The Pledge of Allegiance was led by Council Member Brad Gehrina followed by the invocation provided by Pastor Oliver Warren of Eagles' Wings Fellowship Church. President Maupin announced that prior to the meeting, a Pre-Council Session was held to discuss General Council Business. MAYOR'S REPORT President Maupin presented Citizen Certificates of Appreciation on behalf of the City to Monica Bernhard, Director; and Patti Peterson, Board President for their community involvement with BREMERTON FOODLlNE. Ivaly Alexander, Campfire Leader, brought a group of Campfire Girls who were also recognized and thanked for their volunteer efforts at the BREMERTON FOODLlNE. Mike Shepherd, President of the Kitsap Trees & Shorelines Association (KITSA), introduced fellow KITSA Board members Don Larson (Vice-President), Kathleen Barrantes (Treasurer), Peaay Hall (Secretary), Jim Trainer (Officer), John Allen (Officer), and Scott Hall (Advisor); and provided a summary of the mission of KITSA ".. .to promote and improve Kitsap County communities by cultivating a public awareness and appreciation of trees and forestry programs..." He also provided a briefing on past project areas, local clean-up events, training classes, salmon recovery, projects in Bremerton, their partnerships, and projects funded by federal grants that the group will be spearheading in the near future. PUBLIC .RECOGNITION & ANNOUNCEMENTS Phedra Elliott. Community Development Block Grant Coordinator, was pleased to announce that the 2008 Spring Application Period for the Neighborhood Enhancement Program would be March 3 to April 30, 2008. For more detailed information or to apply, interested, citizens may contact Phedra Elliott at (360) 473-5211; Marie Vila at (360) 473-5375; or view the City's website at www.ci.bremerton.wa.us. Larry Dickerson expressed his concern about the lack of protection for the 15- ~ acres of greenbelt that is in the Eastpark nature area and encouraged the Council to support a wildlife sanctuary designation for the area. Trina Folkerson provided information on the current activities at the YMCA. People may contact the Y at (360) 377-3741 for more information. Andrea Spencer, on behalf of the Arts Commission, announced that Amy Burnett's Gallery will be hosting the Arts Commission for a public outreach event during the First Friday Artwalk this Friday, March 7. Clint Shelton asked who the major employer for the Harborside District will be. Adam Brockus responded that the Kitsap Federal Credit Union is currently the main employer; Everest College and Kitsap Transit are other employers; and in the future a market, bookstore, and fitness center will be included in the JC Penney Building redevelopment project. City Council Reg. Mtg. Minutes Wednesday, March 5, 2008 Page 2 of 3 Matthew Wayne KruQer expressed his concern about water rates and usage ability for military and veterans to get a break on the fees for times of deployment when use is low. President Maupin stated that this particular issue may be discussed by the Public Works Committee. CONSENT AGENDA A. Check Numbers 322980 through 323130; and EFT-7699 through EFT-7711 in the amount of $412,822.18 (#AB08-042) B. Minutes of Meeting - February 20,2008 (#AB08-043) C. Minutes of Meeting - February 27,2008 (#AB08-044) D. Interlocal Agreement regarding Waterborne Incidents in Kitsap County (#AB08-045) E. Amendment to Interlocal Agreement between South Kitsap Fire & Rescue (SKFR) and the City of Bremerton regarding the exchange of First Response Fire Protection and EMS Services (#AB08-046) F. Purchase of Excess Liability, Excess Worker's Compensation, & Crime Insurance (#AB08-047) G. Ordinance No. 5042, amending Chapter 2.26 of the Bremerton Municipal Code relating to Emergency Management Organization (#AB08-048) As amended H. Award Contract for Waste Water Treatment Plant (WWTP) Wet Weather Facilities Upgrade to PEASE AND SONS, INC (#AB08-049) I. Resolution No. 3049, relating to the Gorst and West Bremerton Urban Growth Areas (UGA's) ;(#AB08-050) J. Real Estate Purchase and Sale Agreement with Earnest Money Provision with the BREMERTON AREA CHAMBER OF COMMERCE (#AB08-051) Svlvia Klatman, Executive Director with the Bremerton Area Chamber of Commerce, presented a signed copy of the Real Estate Purchase & Sale Agreement with Earnest Money Provision for the purchase of the former Department of Community Development building located at 286 4th Street; along with a $5,000 check. 05:59:40 M/S/C/U (Runyon/Wofford) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 6A-ORDINANCE NO. 5041, AMENDING CHAPTER 13.08 OF THE BREMERTON MUNICIPAL CODE TITLED "WATERCRAFT ON KITSAP LAKE" l#AB08-040): Ken BaQwell, Assistant City Attorney, explained that the increased boating and personal watercraft usage on Kitsap Lake has created safety and noises level issues having a negative impact on recreational users and adjacent residents. Revisions to Chapter 13.08 would limit the size of the vessels to 25 feet in length and require vessels to have an underwater exhaust system. Boats participating in races and regattas authorized by the City are exempt from the 25 foot size limitations and exhaust requirements. The proposed ordinance incorporates by reference the provisions of RCW 79A.60 governing vessel operation in Washington and allows the Parks Director to approve applications for races and regattas subject to meeting the requirements of BMC Chapter 13.08 and the requirements of the Police and Fire Departments, and Risk Manager. Highlights of the proposed changes were provided. Mark Kuhlman, President of the Kitsap Lake Neighborhood Association (KLNA), thanked the City, and specifically Council Member Nick Wofford for tending to their concerns. 06:07: 15 M/S/C/U (Wofford/Brockus) Move to approve Ordinance No. 5041 amending BMC Chapter 13.08 relating to watercraft on Kitsap Lake, as amended. City Council Reg. Mtg. Minutes Wednesday, March 5, 2008 Page 3 of 3 COUNCIL MEMBER REPORTS Adam Brockus provided a briefing on the District 3 meeting held February 26; and encouraged people to take advantage of the good weather and visit Gold Mountain Golf Course. Roy Runyon also provided a briefing on the District 4 meeting held March 4; and thanked staff Marie Vila and Phedra Eliot of the Community Development Block Grant Program for their presentations at the meeting. Mike Shepherd invited citizens interested in tree removal at Evergreen Park to attend a meeting on Thursday, March 6 at 6:00 PM to discuss options for tree replacement at Evergreen Park in the 4th Floor WSU Conference Room of the Norm Dicks Government Center. Dianne Robinson reported on a block watch meeting held last week; and thanked Andy Oakley of the Police Department for his involvement in trying to help resolve issues. Carol Arends wished the community an early St. Patrick's Day. Nick Wofford reminded the public that the First Friday Art Walk will be held this Friday, March 7. Will Maupin discussed his attendance at the Kitsap Marine Transportation Association meeting yesterday afternoon and low-wake ferry design was discussed; and announced that Jhere will be a Wake Conference in Bremerton in May of 2009 with people from all over the world discussing low- wake boats. With no further business, President Maupin adjourned the Council Meeting at 6: 15 PM. Council reconvened in the Council Conference Room for a STUDY SESSION to "Follow-up on the February 22 & 23 Council Retreat" and to discuss "General Council Business". Prepared and Submitted by: ~ it~. CHRISTINE GRENIER Council Assistant Attest: CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WM:CE:ls:cg DATE SUBMITTED: BlI.L it __l28~Q_5L___ AGENDA BILL CITY OF BREMERTON CTTY COUNCTL sc, ..................m.....auDB.................................................a........... SUBJECT: City Council Meeting Minutes for meeting of 11 fA rr;h ( J..., ;). ()O 8 Committee Meeting Date: N/ A COUNCIL MEETING Date: . 1441'"(;h / C;, ;;J..ooB Department: City Council' Presenter: Will Maupin, Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary ofthe City Council Meeting held M Ctrr;h /;).., ~OD 8 ATTACHMENTS: Meeting Minutes for MCfrvt, IJ..., :1008 FISCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: Council President N/A N/A N/A COMMITTEE CHAIR COUNCIL PRESIDENT: Nd ~ ~4/~ CONSENT AGENDA [B" GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: [] Approve 0 Deny [] Table o Continue 0 No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, March 12, 2008 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington, Wednesday, March 12, 2008, at 5:30 PM, with Council President Will Maupin presiding. Council members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, Cecil McConnell, and Brad Gehring. Also present were City Attorney Roger Lubovich; City Clerk Carol Etgen; and Council Assistant Christine Grenier. The Pledge of Allegiance was led by Council Member Brad Gehrinq followed by the invocation provided by Council Member Carol Arends. President Maupin announced that prior to the meeting, a Pre-Council Session was held to discuss General Council Business; and a 20-Minute EXECUTIVE SESSION to discuss "Pending Litigation" per RCW 42.30.110 (1) (i). Action will be taken tonight on this matter under General Business Item 5A. PUBLIC RECOGNITION & ANNOUNCEMENTS Adam Brockus announced that the District 3 Meeting scheduled for March 18th has been , cancelled and that the next District 3 Meeting will be held on Tuesday, April 22ndat the Bremerton Senior Center to discuss the "Manette Sub-Area Plan"; and invited the public to attend the next First Friday Artwalk on April 4. Dianne Robinson encouraged people to contact Marie Vila of the City's Community Dewelopment Block Grant Program at (360) 473-5375 to receive more information on The Neighborhood Enhancement Program which will be accepting applications through April. Nick Wofford announced the 2008 Spring Clean Up which will allow citizens to dispose yard waste free of charge from Monday, April 21 to Saturday, April 26. For more information, please contact Public Works and Utilities at (360) 473-5920. CONSENT AGENDA A. Check Numbers 321131 through 323286; and EFT-7712 through EFT-7729 in the amount of $1,399,867.84; and Regular Payroll for the pay period ending February 29,2008 in the amount of $717,791.82 (#AB08-041) 05:35:47 M/S/C/U (Runyon/Robinson) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 5A - APPROVAL OF SETTLEMENT PROPOSAL IN SCOTT V. BREMERTON. KITSAP SUPERIOR COURT CAUSE NO. 05-2-00531-1 (#AB08-054): ROQer Lubovich, City Attorney summarized that the Council held an Executive Session earlier this evening to discuss Pending Litigation and that Council is being asked to take action regarding the Scott v. Bremerton case. 05:36:37 M/S/C/U (McConnell/Arends) Move to approve the settlement proposal in Scott v. Bremerton, Kitsap Superior Court Cause No. 05-2-00531-1 in the amount of $79,000 and authorize the City Attorney to finalize the settlement. With no further business, President Maupin adjourned the Council Meeting at 5:37 PM. Council reconvened in the Council Conference Room for a STUDY SESSION for presentations on upcoming agenda items and to discuss General Council Business. City Council Reg. Mtg. Minutes Wednesday, March 12,2008 Page 2 of 2 Attest: CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WM:CE:ls:cg Prepared and Submitted by: ~-~ {. . CHRISTINE GRENIER Council Assistant DATE SUBMITTED: February 21, 2008 BILL # ____f2l-::p_~~_______ AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5D .........................................................a........................a..... SUBJECT: Inter Local Agreement with Kitsap County for checking and correcting of Census address infonnation and counts. Committee Meeting Date: ~~/ 12/O_~____________ COUNCIL MEETING Date: 3/19/08 ~---------------- Department: PW &U ___________ Presenter: _ Bill Eley ________ Phone: 5293 SUl\lMARY: This Inter Local Agreement with Kitsap County authorizes them to perfonn Census address checking and count checking between the addressing infonnation held by the City /County and that held by the Census Bureau. Once updated the County will return the corrected infonnation to the Census Bureau For this service the County will charge a fee as detailed in Attachment B ofthe ILA up to a maximum of$10,000. At the City's discretion the ILA would also authorize the County to assis~ in a review of the Census Bureau feedback and participation in any appeal process. ATTACHMENTS: Inter local Agreement between City of Bremerton and Kitsap County FISCAL IMPACTS (Include Budgeted Amount): An amount up to $10,000 paid from the 2008 Non-Departmental Budget APPRO V ALS: DEP ARTMENT DIRECTO CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: --' .~ c: /.~'~:I ~__c~- '. . 4r.;?; =d/ .-? r:2 :~r ~ '" i----------! I CONSENT AGENDA 8 I GENERAL BUSINESS 0 L PUBLIC HEARING 0 COMMITTEE CHAIR COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve the ILA with Kitsap County for census addressing work in the amount of up to $10,000. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action INTERLOCAL AGREEMENT KC-002-08 THIS AGREEMENT is between City of Bremerton; (the City) a municipal corporation and Kitsap County, (the County) a municipal corporation, all in the State of Washington. WITNESSETH: WHEREAS, Kitsap County will provide customized GIS Services to the City of Bremerton NOW, THEREFORE, the parties agree as follows: 1. SCOPE OF SERVICES. The purpose of this agreement is to acknowledge the parties' mutual interest as set forth in Attachment A, Scope of Services. The services performed shall not exceed the Scope of Services without prior written authorization from the City. 2. TERMS AND CONDITIONS. All rights and obligations of the parties to this Agreement shall be subject to and governed by the terms and conditions contained in the text of this Interlocal Agreement, and as may be attached and incorporated herein. 3. PERIOD OF PERFORMANCE. Subject to its other provisions, the period of performance of this Agreement shall commence on January 15,2008, and terminate April 1, 2010. 4. TERMINATION/SUSPENSION. Either party may terminate this agreement upon 30 days written notice. The City may suspend this Agreement, at its sole discretion, upon one week's advance notice to the County. Such notice shall indicate the anticipated period of suspension. Any reimbursement for expenses incurred due to the suspension shall be limited to the County's reasonable expenses, and shall be subject to verification. The County shall resume performance of services under this Agreement at a mutually agreed upon date when the suspension period ends. 5. REIMBURSEMENT AND PAYMENT. As set forth in Attachment B, REIMBURSEMENT AND PAYMENT. Billinq Procedure: The fee will be billed monthly as services are provided 6. Ownership of Work Product. All data materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to paragraph 4 above, all finished or unfinished documents, reports, or other material or work of the County pursuant to this Agreement shall be submitted to the City. The City agrees that if it uses products prepared by the County for purposes other than those intended in this Agreement, it does so at its sole risk and it agrees to hold the County harmless therefor. 7 COMPLIANCE WITH LEGAL REOUIREMENTS. Each party accepts responsibility for compliance with federal, state or local laws and regulations. 8. FILING. Executed copies of this agreement shall be filed as required by Section 39.34.040 of the Revised Code of Washington prior to this agreement becoming effective. 9. NOTICES. All notices and other communications to be given by either party may be given in writing, depositing the same in the United States mail, postage prepaid and addressed to the appropriate party as follows: County: Kitsap County Department of Information Services 614 Division Streett MS-21 Port Orchard, WA 98366 Attention: Bud Harris, IS Director City of Bremerton 345 6th Street, Suite 600 Bremerton, WA 98337 Attention: William Eley, IT Manager 360-473-5293 10. REPORTS. None required. 11. NON-DELEGATION/NON-ASSIGNMENT. Neither party may delegate the performance of any contractual obligation, to a third party, unless mutually agreed in writing. Neither party may assign this agreement without the written consent of the other party. 12. HOLD HARMLESS/INDEMNIFICATION. Each party shall be liable and responsible for the consequences of any negligent or wrongful act or failure to ad on the part of itself and its employees. Neither party assumes responsibility to the other party for the consequences of any act or admission of any person, firm or corporation not a party to this agreement. 13. SEVERABILITY. Any provision of this agreement, which is prohibited or unenforceable, shall be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining provision or affecting the validity or enforcement of such provision. 14. ENTIRE AGREEMENT. This Agreement is the entire agreement of the parties and supersedes all prior negotiations and agreements whether written or oral. This Agreement may be amended only by written agreement and no purported oral amendment to the Agreement shall be valid. IN WITNESS WHEREOF, this agreement is signed by the parties this ,2008. day of CITY OF BREMERTON KITSAP COUNTY, WASHINGTON Mayor Bud Harris, Director of Information Services ATTEST: City Clerk APPROVED AS TO FORM;. City Attorney Approved as to Form by the Prosecuting Attorney Office Attachment A: Scope of Services GIS Services to support 2010 Census LUCA Program Kitsap County GIS will provide residential address updates for the Census Bureau's LUCA Program for the City of Bremerton. The deliverable computer files are described in the US Census Bureau's publication, "Local Update of Census Addresses (LUCA) Program, Training Workshop, 2010 Decennial Census Program, Participant Guide." Kitsap County Information Services will maintain confidentiality of City of Bremerton Census data according to the requirements of Title 13, u.s.c. Discloseable maps and reports in PDF format will be emailed to City of Bremerton for review and comment. Non-disclosable Title 13 census address data will be hand delivered or mailed as directed by Census Bureau guidelines. The project will consist of four main tasks. 1. Complete review and comparison of Census address lists and address counts against Kitsap County and City of Bremerton address lists. The source of address data used for comparison will be City of Bremerton and Kitsap County address records, and planning and permit records. 2. Provide updated address lists and\ or address counts to the Census Bureau within 120 calendar days of receipt of Census data. Data will be formatted and encrypted per LUCA data requirements, and submitted to the Census Bureau for the field verification process. 3. Review Census Bureau address data feedback during the period of August through October 2009. If deemed necessary, participate in data appeal process. 4. Provide follow-up review of Census Bureau feedback during September through December of 2009. Provide housing updates for housing units that will be habitable by April 1, 2010. The updating of the Census Tiger line boundary files is not included in this scope of work. City of Bremerton shall retain the role of LUCA Liaison for the project. City of Bremerton will provide Kitsap County with a copy of the LUCA data for the purpose of updating census addresses for program response. City of Bremerton shall also provide City address records and permitting data as necessary to support the LUCA Program response on their behalf. City staff shall be made available to provide timely review and acceptance of the data provided by Kitsap County for the LUCA response prior to submittal to the Census Bureau. City of Bremerton shall retain full responsibility for response to the LUCA Program, and for potential appeals to the Census Bureau. City of Bremerton is responsible for registration of City and County staff as required to uphold confidentiality requirements of the LUCA program. Attachment B: REIMBURSEMENT AND PAYMENT · City of Bremerton will pay: GIS Mapping Services Fees: Rate subject to change annually to address inflation. County to provide City ninety days advance written notice of rate change. Staff Charge Rates er hour GIS Anal st 10.55 er hour GIS Extra Hel Plus applicable taxes The cost of services for Tasks 1 and 2 as described in the scope of work is estimated to not exceed $10,000. Tasks 3 and 4, and update of MAF map files and Boundary & Annexation Survey is not included in the estimates for this project. The County will not undertake any work on tasks 3 and 4 of the project (as detailed in Attachment A) without first providing the City a detailed scope of those tasks, a good faith estimate of the cost of the County's involvement in those tasks and without receiving a written go ahead from the City authorizing the County to provide assistance with those tasks. When requested, the County will provide estimates of costs. for any given task. The County agrees that it will not exceed these estimated costs without the prior written authorization of the City. DATE SU[:lMfTTED: February 14. 200K BILL i7{)l~(J5(f__n. AGENnA LULL (Try ()F BRErvIT'RTOJ\j CrTY COUNCIL 5& lagam~.mgy.eaft.RGWmgamaa.mm..~BCBOMmmU.~..QaUOEm.~..DmUQ~OgBam...mD..mu.a.aDDB.o~m~.m~ga ~.:onllm~ttec tv!~:_(illg, Date: ___..~~"> Lt:1.J, S}.~___._____.__ COLNCIL ivlUc liNe! Date: h___..::::iJ.j!l].Q~__________ Departl ncnt: ,p~ <y' I ____l_____. .1.,1.._____________ Presenter: _----8;ll-_EJ~ ._________ Phone: ____qI~_=_2~~___M.__ SlJMMARY: The Kitsap Regional Coordinating Council has invited all local agencies to come together to f(ml1 Kit-Net, a fiber optic network based on the Kitsap Public Utilities District deployment of a fiber trunk throughout the County. The network will be used primmily for general communication between the agencies and secondarily as a communication channel in the event of a local or regional emergency, By signing the ILA, the City becomes a member of Kit-Net. SliB.JF:CT: Inter-local agreement between the City of Bremerton and Kitsap Regional Coordinating Council ATTACHMENTS: Kit-Net ILA E-mail from KRCC Executive Director clarifying budget/termination procedures, FISCAL IMPACTS (Include Budgeted Amount): Information Technology budget for 209.8.... APPROVALS: & . c-~ DEPARTMENTDIRECTO '_,n. ....... CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: First year dues of $2,000 is included as part of the COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA J8r GENERAL BUSINESS D PUBLIC HEARING D ----.------ RECOMMENDED MOTION: Movc to approve the Inter-local Agrcel11ent with Kitsap Regional Coordinating Council making Brelllcrton a part oJ'thG Kit-Net fiber uptic ndvmrk and authorilc the Mayor to finalizc and eXl'Culc the agreclllcnt with substantially the same terms and conditions as presented, subject to the final approval of the City Attorney. COUNCJL ACTION: [J Approve [J Deny [] Table [J Continue [] No i\ction INTERLOCAL COOPERATION AGREEMENT KIT SAP EMERGENCY RESPONSE NETWORK This Agreement is created under the authority of Chapter 39.34 RCW of the Interlocal Cooperation Act and in furtherance of the goals of Chapter 38.52 of the Emergency Management Act, in consideration of the terms and conditions set forth herein and the mutual benefits to be derived by the public agencies and Tribes which are parties to this Agreement. 1. Effective Date. This Agreement shall be effective upon the occurrence of all of the following conditions: 1.1 The approval of the Agreement by the governing body of Kitsap County, at least two cities of the county, ,and by the publication of the Agreement on the web site of Kitsap Regional Coordinating Council. 1.2 Later approval of this Agreement by a new Member agency and publication of the later approved Agreement on the web site of Kitsap Regional Coordinating Council shall be deemed an authorized amendment to this Agreement as previously published, without the need for a reconsideration and approval by parties that have already approved and executed the Agreement except as provided below in Section 1.3. 1.3 If the terms of the Agreement are amended, the amended Agreement shall require reconsideration, approval and execution by all parties to the Agreement. In that event, the newly approved Agreement shall be published on Kitsap Regional Coordinating Council's web site and shall contain provisions indicating the amendment of the previously published Agreement. 2. Statement of Pumase. The primary purpose of this Agreement is to create, manage and maintain an intergovernmental intra-net network or "Cloud" in and among the local governmental entities and federally recognized Indian Tribes residing in Kitsap County ("Primary Purpose"). In the event of an emergency, the Cloud may be used by the agencies of the State of Washington and of the federal government by virtue of its role as an Emergency Management communication facility (Secondary Purpose). Kitsap County has established a Comprehensive Emergency Management Plan (CEMP) and, in aid of this plan, has created the Emergency Management Council of Kitsap County and the Department of Emergency Management (DEM) to provide emergency management and centralized communications. See Chapter 2.104 Kitsap County Code. Once established, the Cloud will be a communications vehicle which may be used by DEM, the Members, and Contract Parties in the event of an emergency. When applicable, this Agreement may become a tool utilized in any existing or future mutual aid agreement for emergency management entered into pursuant to Chapter 38.52 RCW. Kitsap County and the cities of Kitsap County are "political subdivisions" as defined by RCW 38.52.010(3) authorized to create a Comprehensive Emergency Management Plan. The Approved by Kitsap Regional Coordinatng Council Board on 122007 parties are aware of the inherent limitations of existing means of communication and wish to supplement these communication systems with an intergovernmental intra-net system as an emergency management and response communications tool for its Members and for the public through local institutions in the event of an emergency or a disaster. Experience has shown that during public disasters and other emergencies traditional means of communication such as the phone system can be overwhelmed. The more information that is available to the participating agencies for the benefit of the citizens of Kitsap County, the better the activities of its public agencies can be coordinated, and the more effectively local governments can cope with an emergency or disaster. RCW 38.52.020(2) declares it to be the policy of the State of Washington that " all emergency management functions of this state and its political subdivisions be coordinated to the maximum extent with the comparable functions of the federal government including its various departments and agencies of other states and localities, and the private agencies of every type, to the end that the most effective preparation and use may be made of the nation's manpower, resources and facilities for dealing with any disaster which may occur. The parties to this Agreement find and believe that effective emergency management and preparation for emergencies includes establishment of a coordinated system for communication and information sharing. The Cloud and its related technology, such as video conferencing, offer new and expanding tools to communicate and to coordinate the activities of public and private agencies and the public during emergencies and disasters. 3. Initial Design of Cloud. The following provisions shall govern the design and maintenance of Kit~Net and the Cloud. 3.1 The Cloud's initial and, absent an emergency, its primary use shall be as a governmental intra-net for communication and information/data sharing among its Members and Contract Parties. The term "Kit-Net" as used in this Agreement refers to Kit~Net as a cooperative venture managed by the Board of the Kitsap Regional Coordinating Council unless the context reasonably infers reference to the Cloud used as a communication tool by the member organizations comprising Kit-Net. 3.2 The intergovernmental intra-net network or cloud to be created under this Agreement shall be designed so that DEM may utilize the Cloud as a communications tool of an incident command system as defined by RCW 38.52.010(15) and as a supplement to the radio communications and telecommunications tools currently available to local, state and federal agencies. It may also be utilized to provide programs through the Members to educate and train the public in order to be prepared for' emergencies in accordance with the authorization of RCW 38.52.01O(l)(e). 3.3 During .the establishment and maintenance of the Cloud, the political subdivisions shall consult with DEM and the Washington State Office of Emergency Approved by Kitsap Regional Coordioatng Council Board 00 12 20 07 2 Management and shall coordinate their plan for the creation of the Cloud as a commtmications tool with the County and State Comprehensive Emergency Management Plan. Kitsap County on behalf of its agency OEM [OEM is a creature of interIocal agreement between the County and Cities, as is CenCom, and is governed by the CenCom Policy Board. Kitsap County is the administrative entity/fiscal agent for OEM], agrees that upon the establishment of Kit~Net and the creation of a Cloud, OEM will amend its CEMP to include the Cloud as a tool and methodology for communication in the event of a declared emergency pursuant to RCW 38.52.070. The program and plan created by the political subdivisions shall be submitted by the Oepartment of Emergency Management for approval as an amendment to the Kitsap County CEMP to the state director of emergency management and the Board of Kit~Net shall comply with all recommendations which shall be made by the state with respect to such plan, to the end that the programs created under this Agreement can be coordinated with Kitsap County and the state emergency management plans and programs. Upon approval by the State of the program and plan, the intranet created through this Agreement may be utilized to effectuate the program aIid plan. Provided, that nothing herein shall be interpreted to bind the Members and Contract Parties to remain participants if the Members or Associate Members deem such recommendation or requirement to be an inappropriate invasion of its sovereignty or in contravention of its corporate purposes. 4. Powers. The Interlocal Agreement which created the Kitsap Regional Coordinating Council (the KRCC Interlocal Agreement) authorized the Council and its Board to provide a regional forum for cooperative decision-making; undertake continuous, cooperative study of governmental problems of mutual interest; and carry out other coordinating activities authorized by vote of the Council. The KRCC Interlocal Agreement is attached hereto as Exhibit A and incorporated by this reference as fully as if herein set forth. The Kitsap Regional Coordinating Council and its Board's role in the administration of Kit~Net shall be consistent' with the KRCC Interlocal Agreement and the provisions of this Kit~Net agreement shall be interpreted in such a way as to be consistent with the Council's authorized powers. 4.1 Kit~Net is an affiliate organization of the Kitsap Regional Coordinating Council. Kit-Net, and the Kitsap Regional Coordinating Council as the manager of Kit-Net shall have all powers available to it and its constituent Member agencies which are available under the provisions of Chapter 39.34 RCW, the InterIocal Cooperation Act or, which, upon incorporation in the Kitsap County CEMP, may be available under the provisions of RCW 38.52.070(2). 4.2 By way of illustration and not limitation, the Kit~Net, through the Kitsap Regional Coordinating Council, shall have the authority to enter into contracts, apply for grants, revise funds, purchase equipment and take any and all other actions necessary to establish, maintain, and coordinate the Cloud which best facilitates the primary and secondary purposes of this Agreement. Establishment of uniform minimum protocols for security, equipment, maintenance, training and access are examples of the actions which may be taken by Kit~Net. These actions are required in order to establish an effective intra-net network for communications and information sharing between and among the local governmental agencies and tribes who are Members under this Agreement as well as other public and private entities which lack authority under Chapter 39.34 RCW to join in this'Interlocal Agreement. These Approved by Kitsap Regional Coordinatng Council Board on 122007 3 public and private entities, as Contract Parties, are deemed necessary to the secondary purpose of emergency communication, in order to more fully reach and educate the public and coordinate emergency management in the event of an emergency or disaster. (See Section 3.3) In addition, Kit-Net may exercise those powers which may be available and are consistent with RCW 38.52.070(2) through the political subdivisions in the event of an emergency and when this Agreement has been authorized as a part of the Kitsap County approved program and plan as above provided. 4.3 In order to provide the maximum benefit to local taxpayers, the Cloud and its infrastructure may be used for any lawful purpose consistent with the statutory powers and authorizations of its Members. By way of illustration and not limitation, bandwidth and facilities may be used for other valid governmental purposes when not actually in use for emergency management services. 4.4 By way of illustration and not limitation, the Kitsap Regional Coordinating Council may negotiate and contract on behalf of Kit-Net for equipment purchases and other services and products on behalf of Kit-Net as provided in Chapter 39.34 RCW; provided that nothing herein shall be interpreted to bind a Member beyond its current annual assessment without the express approval of a Member pursuant to RCW 39.34.080. The Kitsap Regional Coordinating Council's authority to contract shall be limited to obligations that may be funded by the current year's budget. Long term agreements shall either be subject to a non- appropriation clause or approved by the individual Members pursuant to RCW 39.34.380. 4.5 At its discretion the Kitsap Regional Coordinating Council may create or contract with a not-for-profit corporation or other entity for utilization for any lawful purpose including use ofKit~Net as an Internet Service Provider (ISP). I 4.6 Political activity prohibited. Kit-Net shall not participate in any form of political lobbying activity nor shall it be employed directly or indirectly for partisan political purposes. This provision shall be interpreted and applied in accordance with the requirements of RCW 42.17. 4.7 The Kitsap Regional Coordinating Council may purchase a policy or policies of insurance as may be necessary in the discretion of the Kitsap Regional Coordinating Council to adequately insure the reasonably foreseeable liabilities and risks associated with this Agreement. 4.8 The Kitsap Regional Coordinating Council is hereby authorized to enter into service agreements with Contract Parties, in a form approved by the Kitsap Regional Coordinating Council in order to authorize access to the Cloud and to bind Contract Parties to terms consistent with this Agreement. Contract Parties may include those agencies which are not authorized to contract under the Interlocal Cooperation Act Chapter 39.34 RCW. These Service Agreements are in aid of the secondary purpose of this Agreement which is to provide an effective tool for emergency communication through the Cloud in the event of an emergency. The effectiveness of the Cloud is directly related to the number of persons and local organizations who can be reached in an emergency. Approved by Kitsap Regional Coordinatng Council Board on 12 20 07 4 5. Definitions. 5.1 "Board" shall mean the governmg board of the Kitsap Regional Coordinating Council. 5.2 "Cloud" means an open access intra-net system for the local governmental agencies who are Members to this Agreement and for the Contract Parties which contract for service with Kit-Net through contracts approved by the Board. 5.3 "Contract Party" shall mean a party who has executed a service agreement with Kit-Net. 5.4 "Emergency or disaster" shall have the meanings assigned by Chapter 30.52 RCW and mean an event or set of circumstances which: 5.4.1 Demands immediate action to preserve public health, protect life, protect public property or to provide relief to any district or community overtaken by such occurrences; or 5.4.2 Reaches such a dimension or degree of destructiveness as to warrant the Governor to declare a state of emergency pursuant to RCW 43.06.010 or a Mayor or chief executive of any political subdivision under state law or local ordinance. 5.5 "Emergency" shall mean, in addition to meaning provided in Section 5.4, an incident that requires a normal police, coroner, fire, rescue, emergency medical services or utility response pursuant to the statutes enumerated in RCW 38.52.430. 5.6 "Emergency Management" or "comprehensive emergency management" shall have the meanings provided by RCW 38.52.010(1). 5.7 "Kit-Net" means the organization managed by the Board of the Kitsap Regional Coordinating Council unless the context reasonably infers reference to the Cloud used as a communications tool by the Member organizations comprising Kit-Net. 5.8 "Kitsap Regional Coordinating Council" or "Council" shall mean an interlocal entity whose board serves as the granting and coordinating entity for Kit-Net and this Interlocal Agreement. 5.9 "Members" shall mean governmental entities authorized to enter into an interlocal' agreement pursuant to the provisions of Chapter 39.34 RCW, the Interlocal Cooperation Act and who actually become parties to the agreement pursuant to Section 1 herein. 5.10 "Membership" shall include the local governmental entities that execute this agreement pursuant to the provisions of Chapter 39.34 RCW and Contract Parties. Approved by Kitsap Regional Coordinll1ng Council Board on 122007 5 Membership may include all political subdivisions and federally recognized Indian Tribes within Kitsap County. Local public and private organizations including service organizations, charitable, community and educational organizations of Kitsap County may be Contract Parties by contracting for service with Kit......Net, with the limited participation set forth in this Agreement. Membership shall be effective upon authorized signature of this Agreement for Members or upon execution by a Contract Party of a service agreement approved by the Board. 5.11 "Policy Advisory Group" shall mean the advisory body established by Section 7.2 and consisting of the representatives set forth in that section and its subsections. 5.12 "Political subdivisions" shall mean Kitsap County and the cities of Kitsap County exercising the powers available to them under Chapter 38.52 RCW and shall be interpreted consistent with the definition established by RCW 38.52.010(3). 6. Required Provisions: Interlocal Cooperation Act. 6.1 Termination: 6.1.1 This Agreement shall continue in full force and effect until terminated as provided herein. Termination may occur with respect to any individual Member upon the provision of at least one year's notice of withdrawal. Withdrawal by an individual Member shall not terminate its liability for any assessment made by the Board with respect to the calendar year in which notification of withdrawal is made. Absent dissolution of Kit-Net as an organization as below provided in paragraph 5.1.2, a withdrawing member shall forfeit its right to any division of the assets of Kit-Net, the organization, if any. 6.1.2 This Agreement may also be terminated by a majority vote of the Kitsap Regional Coordinating Council. Such termination shall be preceded by six (6) months notice to the Members, as evidenced by passage of the Board's motion. In the event of termination by vote of the Board, the assets of the organization, if any, shall first be offered to any successor organization at the depreciated value of the assets. Absent the creation of a successor organization by the dissolution date of Kit-Net, the organization, the assets shall be sold and the proceeds distributed pro-rata among the dissolving Members by the Kitsap Regional Coordinating Council. 6.1.3 Membership and participation of any Member or participation of a Contract Party may be suspended without notice or terminated for cause following notice by the Board. "Cause" is defined for the purposes of this section to include breach of any security or service standard adopted by the Board. Following suspension of access to the Cloud, a Member or Contracting Party ("breaching party") shall be provided written notice of its breach or breaches. The breaching party shall have ten (10) days to come into compliance. The Policy 'Advisory Group shall make a recommendation to the Board regarding whether the breach has been cured by the breaching party's actions. The Board may terminate membership of the breaching party if it, in its sole discretion determines that the breach has not been cured. The decision of the Board shall be final and may include termination of Membership or the imposition of ,conditions for continued Membership. Notwithstanding the above, access to the Approved by Kitsap Regional Coordinatng Council Board on 122007 6 Cloud may be temporarily suspended without notice if the Board or designated administrator of the Cloud determines that a participant's access is undermining security or would harm other Members' interests if allowed to continue pending resolution. 6.1.4 The provisions of Section 9.2 or its equivalent III a serVIce agreement shall survive termination of a Member or a service contract. 6.2 This Agreement does not establish a new, separate legal entity, but rather creates a communications tool for joint use to be managed by the Kitsap Regional Coordinating Council and its Board pursuant to this Agreement and the program and plan prepared and approved pursuant to section 3 and its subsections. 6.3 Property shall be acquired as provided for herein. While most equipment and property necessary to the Cloud will be owned by the Members and Contract Parties, any property acquired by Kit~Net shall be held by the Board of the Kitsap Regional Coordinating Council for and on behalf of the Member agencies. The property shall be disposed of as herein provided. The Board is hereby authorized to establish a special fund with the County treasurer servicing an involved public agency and designated as the "Openiting Fund of the Kit~Net Joint Board. " 6.4 Cooperative Purchasing. In accordance with Title 39 RCW and applicable provisions of any party's municipal or other adopted code, ordinances or resolutions, the parties hereby agree to a cooperative governmental purchasing agreement for the purpose of purchasing various supplies, materials, and equipment relating to the purpose of this Agreement, using the parties' competitively awarded contract. The following terms and conditions apply: 6.4.1 Each party in contracting for the purchase of supplies, materials, and equipment, agrees, at its sole discretion, to extend said contracts to the other party to the extent permitted by law, and agreed upon by the parties and the vendor(s). 6.4.2 Each party shall be responsible for compliance with any additional or varying laws and regulations governing purchases by or on their own behalf, including, but not limited to, compliance with the applicable provisions ofRCW Title 39. 6.4.3 Any purchases shall be implemented by purchase order and directed to the vendor. The purchase order shall specify that the item(s) ordered are to be delivered to the party that placed the order. 6.4.4 No party shall accept responsibility for the performance of any vendor contracted for by another party as a result of this Agreement. 6.4.5 No party shall be responsible for the payment of any item(s) contracted for by another party as a result of this Agreement. Approved by Kitsap Regional Coordinatng Council Board on 1220 07 7 6.4.6 Each item purchased shall become the sole property of the party that placed the order. No other party shall have a right or interest in or claim of title to that property. 6.4.7 The Administrator for this Section of this Agreement is the party that made the particular purchase. 6.4.8 . For all purchase orders submitted by any agency that is a party hereto, the applicable provisions of that agency's purchasing code, if any, will apply. 6.4.9 The provisions set forth herein will not apply in the case of an emergency, pursuant to RCW 38.52.070. 7. Internal Organization. The Cloud and Kit-Net shall be managed by the Board of the Kitsap Regional Coordinating Council in furtherance of the Council's role as a coordinating agency for the governmental and tribal entities which comprise its membership (See Section 5.7 infra). The Board shall adopt operational protocols as needed and shall exercise the powers and authority which are necessary to accomplish the purposes of this Agreement and which are consistent with its underlying powers. The Board shall establish an annual budget, levy annual assessments to defray the cost of operation, contract for services including management support services and establish protocols for cooperative governance including establishing common equipment standards, user protocols and security protocols ("Protocols"). Protocols shall be adopted following an opportunity for recommendation from the Policy Advisory Group. Notice of annual assessments for the next calendar year shall be provided to the Members and service fees to the Contract Parties by October 31 of each year. Failure to pay within 90 days shall terminate access to the Cloud. The Board may establish penalties for late payment and other similar charges. 7.1 Policy Advisory Group. The Policy Advisory Group shall be responsible for assuring that the Membership is adequately informed regarding the decisions of the Board, the recommendations of the Policy Advisory Group and issues of common concern. The Policy Advisory Group shall assist in coordinating the provision of services, advise the Board regarding technological, governance and budget issues and mediate disputes within and between Members and Contract Parties. The Policy Advisory Group shall make recommendations to the Board regarding protocols for equipment, operation, security and other operational issues. The protocols may include security, information, technology and service standards corisistent with the underlying agreements and the standards of any security agreement applicable to any Member or Contract Party. These protocols shall be considered the minimum necessary for access to the Cloud. Nothing herein shall be interpreted to discourage or prohibit a Member or contact Party from, in its sole discretion, taking any security precaution necessary for such Member or Contract Party to comply with its statutory or common law obligations or the provisions of any contract. The existence of minimum security protocols shall not relieve a Member or Contract Party form its primary security obligation. See Section 9.2. The Policy Advisory Group shall hear appeals of Members or Contract Parties relating to violations of service, security or other Membership standards and make recommendations regarding final action to the Board. Briefings of the Membership shall occur at least quarterly. Approved by Kitsap Regional Coordinatng Council Board on 12 20 07 8 7.2. Policy Advisory Group Structure. The Policy Advisory Group shall consist of representatives from each Member and Contract Party. 7.3 Voting. Each Member and Contract Party shall have one vote on recommendations of the Policy Advisory Group. No proxy voting shall be permitted. Nothing herein shall be interpreted to establish a membership requirement for attendance at meetings of the Policy Advisory Group. 7.4 Annual Meetings. An annual meeting of all Members and Contract Parties may occur as part of the Kitsap Regional Coordinating Council's annual local goveminent forum or held separately on either the recommendation of the Policy Advisory Group or as the Board may designate. Nothing herein shall be interpreted to require an annual meeting, and additional meetings may be held at the discretion of the Board with the recommendation of the Policy Advisory Group. 8. Pro~ram Evaluation. The technology which forms the heart of the Cloud is constantly evolving. In order to maintain a network which fully utilizes the capabilities and technology of the intra-net and which provides the most efficient return on taxpayer dollars, Kit~Net commits itself to program evaluation every two years. Program evaluation shall include an opportunity for input from every . Member and Contract Party, and shall include recommendations by the Policy Advisory Group as it deems appropriate regarding governance, budget and policy recommendations, along with such other matters as the Board, in its discretion, shall deem appropriate to assign to the evaluation process. The Policy Advisory Group shall recommend a schedule and process for program evaluation to the Board in September of every even-numbered year. 9. Legal Relations. 9.1 Indemnity Limited. Except as specifically provided herein, no separate indemnity provision is created by this Agreement. Each Member, Contract Party and the Kitsap Regional Coordinating Council shall bear their respective liability as determined in accordance with the laws of the State of Washington. 9.2 Each Party Responsible for Security; Hold Hamiless and Indemnity. Each party to this Agreement agrees and warrants that it shall be solely responsible for the security of its own information technology systems and all records and information accessible by such system: 9.2. Each party to this Agreement, therefore, waives and releases every Member and the Kitsap Regional Coordinating Council and their respective officers; agents and employees, from any claim, loss or liability of any kind or nature arising from or out of any breach of its internal security and/or information technology system as well as from or out of the theft, release or misappropriation of information contained therein or accessible thereby as a result of participation in the Cloud. Approved by Kitsap Regional Coordinatng Council Board on 12 20 07 9 9.2.2 The Kitsap Regional Coordinating Council promises to hold harmless and indemnify each and every other party, Member or Contracting Party to this Agreement from every claim, cost or liability of any kind or nature arising from or out of the Kitsap Regional Coordinating Council's exercise of authority under this Agreement and for any and all liability arising from or out of this Agreement to the full extent, but only to the extent, that such claim, loss or liability is covered by a policy of insurance purchased by the Kitsap Regional Coordinating Council through the authorizations provided under Section 3 of this Agreement. To the extent that the reasonable costs of defense are covered by such policy, this promise to indemnify and hold harmless includes the cost of defense by counsel provided through such insurer or insurance pool. 9.2.3 Nothing herein shall be interpreted to limit or abrogate the immunities and liability protection provided pursuant to RCW 38.52.180 to the extent such immunity and liability protection exists. 9.3 Alternative Dispute Resolution. In the event that any dispute arises between the Members and/or Contract Parties of Kit-Net, the Board shall first attempt to mediate the dispute. In its discretion, the Board may, as a cost of the operation of the Cloud, engage a professional mediator to mediate the dispute. Agood faith mediation participation shall be a condition precedent to filing suit to enforce or interpret any provision of this contract. 9.4 Venue. Exclusive venue for the enforcement or interpretation of any terms of this Agreement shall be in Kitsap County, Washington. 10. Execution. This Agreement may be executed by any Member in counterparts. A Contract Party, as a term of its service agreement, shall be required to abide by all terms of this Agreement. Separate signature pages may be attached from time to time to reflect the acceptance of the terms of this Agreement by any Member. *** The remainder of this page purposely left blank. *** Approved by Kitsap Regional Coordinatng Council Board on 122007 10 Acceptance of the entity as a member shall be approved by the Board in its minutes upon receipt of a clearly authorized and executed Agreement accompanied by payment of the first year's assessment. The approval of the Agreement by the governing body of each party to the Agreement, followed by filing of the executed Agreement with Kitsap County Auditor is required. Later approval and filing of this Agreement by additional parties shall be deemed an authorized amendment to any Agreement already on file with the Kitsap County Auditor, without the need for reconsideration and approval by parties that have already approved and executed the Agreement, with the following exception: if terms of the Agreement have changed, the Agreement shall need reconsideration, approval and execution by all parties to the Agreement. In that event, the newly approved Agreement will contain provisions indicating amendment of the Agreement originally on file with the Auditor. Date: CITY OF By: Mayor/City Manager ATTEST/AUTHENTICATED: By: City Clerk APPROVED AS TO FORM: By: City Attorney Approved by Kitsap Regional Coordinatng Council Board on 122007 11 Acceptance of the entity as a member shall be approved by the Board in its minutes upon receipt of a clearly authorized and executed Agreement accompanied by payment of the first years assessment. The approval of the Agreement by the governing body of each party to the Agreement, followed by filing of the executed Agreement with Kitsap County Auditor is required. Later approval and filing of this Agreement by additional parties shall be deemed an authorized amendment to any Agreement already on file with the Kitsap County Auditor, without the need for reconsideration and approval by parties that have already approved and executed the Agreement, with the following exception: if terms of the Agreement have changed, the Agreement shall need reconsideration, approval and execution by all parties to the Agreement. In that event, the newly approved Agreement will contain provisions indicating amendment of the Agreement originally on file with the Auditor. Date: MEMBER: By: STATE OF WASHINGTON) COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of to be the :free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: NOTARY PUBLIC Printed Name: My appointment expires: Approved by Kitsap Regional Coordinatng Council Board on 122007 12 Page 1 of2 Bill Eley From: mary mcclure [mcclure@kitsapregionalcouncil.org] Friday, February 08, 2008 10:48 AM 'mary mcclure'; Bill Eley; 'Bud Harris'; 'Carl Miller'; Carol Etgen; 'Dave Siburg'; 'David Bishop'; 'David Jones'; 'Derry Lyons'; 'Ed Sherman'; 'Ed Stern'; 'George Geyer'; 'Jeff Kass'; 'Kirsten Jewell'; 'Mark Williams'; 'Melanie Dalton'; 'Mike Koepke'; 'Mike Mellinger'; 'Monika Carberry'; 'Morrie Black Eagle'; mwernet@skfr.org; 'Phil Dorn'; Phil Williams; 'Phyllis Mann'; 'Randy Orwin'; 'Ron McAffee'; 'Scott Snyder'; 'Steve Miller'; 'Steve Perry'; 'Susan Whitford'; 'Tim Thompson'; 'Tim Treacher'; 'Tom Danaher '; 'Troy Crisp'; 'Vince Tucker'; 'Wayne Lindberg' Cc: 'Kirsten Jewell' Subject: REAttachment to Kit-Net ILA Attachments: KRCC ILA with Signatures.pdf Sent: To: (Jl'oadi9aHt.i 1 as'i 1-(m:e- Attached is the KRCC ILA that is referenced in the Kit-Net ILA as an Exhibit. (Thank you to Monika Carberry who inquired as to its whereabouts...) M())",~r Me(Muro Executive Director Kitsap Regional Coordinating Council 360-377 -4900 (voice) 360-297 -7762 (fax) P.O. Box 1934 Kingston, WA 98346 www.f<itsapRegionaICouncil.org Executive Management provided by McClure Consulting LLC From: mary mcclure [mailto: mcclure@kitsapregionalcouncil.org] Sent: Thursday, February 07, 20083:43 PM To: 'Bill Eley'; 'Bud Harris'; 'Carl Miller'; 'Carol Etgen (carol.etgen@ci.bremerton.wa.us)'; 'Dave Siburg'; 'David Bishop (dbishop@oc.ctc.edu)'; 'David Jones'; 'Derry Lyons'; 'Ed Sherman'; 'Ed Stern'; 'George Geyer'; 'Jeff Kass'; 'Kirsten Jewell (kirsten@kitsapregionalcouncil.org)'; 'Mark Williams'; 'Mary McClure'; 'Melanie Dalton'; 'Mike Koepke'; 'Mike Mellinger'; 'Monika Carberry'; 'Morrie Black Eagle'; 'mwernet@skfr.org'; 'Phil Dorn'; 'Phil Williams'; 'Phyllis Mann'; 'Randy Orwin'; 'Ron McAffee'; 'Scott Snyder'; 'Steve Miller'; 'Steve Perry'; 'Susan Whitford (swhitford@krl.org)'; 'Tim Thompson'; 'Tim Treacher'; 'Tom Danaher '; 'Troy Crisp'; 'Vince Tucker'; 'Wayne Lindberg' Cc: 'Kirsten Jewell' Subject: ILA Cover 010808 8I'OadGl,tHt.t 1 (,/lsli f.oreo - Attached is a cosmetically revised version of the cover page for the Kit-Net Inter-Local Agreement. Already a few agencies have signed on - City of Poulsbo, South Kitsap School District - with several more comng over the next 10 days or so - Kitsap County, Fire Districts, OESD. I hope your agency will be among them! A question that has come up from a number of agencies concerns out-year budgets. Here is the best explanation I can give about how this aspect of the program will work: Late summer each year, the Kit-Net Policy Advisory Group (that's generally you folks) will consider its work for the following year and draft a budget. (Unless you decide as a group to do something involving hard assets or 2/13/2008 Page 201'2 consultants, it is essentially to cover administrative costs, which should NOT dramatically increase...) (Of course, some of you could decide to band together and make a group ISP cotract, but I would think that cost would be covered by the participants...) If an agency decides, upon seeing the proposed budget for the subsequent year, that it doesn't want to participate that following year, it can withdraw prior to the end of the current year. What an agency can't do is decide after the first of the following year to withdraw (AFTER the budget has been committed to by the Board, anticipating certain revenues) and avoid that year's assessment. If this is a concern grave to many Kit-Net members, you can always decide to develop a 2 year budget. Another piece that plays into the cost assumptions is that the KPUD functions as the NOC for the Kit-Net. Hope that helps! I am looking forward to our next Kit-Net Policy Advisory Group meeting on Valentine's Day, 9:30 - 11 :30 a.m. at Mayor Bozeman's Conference Room. "II be sending an agenda for that meeting early next week. Biggest homework assignment: the ILA signature! Best regards, Mary McClure Executive Director Kitsap Regional Coordinating Council 360-377-4900 (voice) 360-297-7762 (fax) P.O. Box 1934 Kingston, WA 98346 WV'ivv .J<jtsapReg iQnalColjncil. org Executive Management provided by McClure Consulting LLC No viruses found in this outgoing message Scanned by iolo AntiVirus 1.5.1.4 http.:/j'f'iww.101o.com 2/1312008 DATE SUBMITTED: March 5,2008 BILL # 08- 06D AGENDA BILL CITY OF BREMERTON CITY COUNCIL SF .......................................a................................................ SUBJECT: Purchase of Total Work Station Survey Equipment for Engineering Committee Meeting Date: ivlarch 12, 2008 COUNCIL MEETING Date: March 19,2008 Department: Engineering Presenter: Michael Mecham Phone: (360) 473-5288 SUMMARY: The Engineering Division is proposing to purchase a new total work station. The existing work station is over ten years old, the software is outdated and the manufacturer no longer gives technical support on the software. Engineering has received a quote from Kuker Ranken Inc. from the state bid list for $37,310.60. ATTACHMENTS: 1.) Quote; 2.) Total Work Station Illustration FISCAL IMPACTS (Include Budgeted Amount): $40,000 was budgeted in the 2008 Water capital budget for purchase of a Surveying Total Work Station. APPROVALS: (//-~ DEPARTMENT DIRECTOR:, ." --:;; ,1' CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: ,? COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA ~.. GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve the purchase of Total Work Station Equipment from Kuker Rankin Inc. for $37,310.60 COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action Kuker Ranken Inc. 6510 216th ST SW Mountlake Terrace, WA 98043 800-454-1310 Quote Number 1863 r-c'z;~::r ~:: ~~;m.~~--^::;~~----------- --l'- D...."" ,,,".:- ---:'IOb'::~ I I p~:~~ St~:: I II L Fax Account I I ----------------- --------------------- --- -------~ L_________________..J Bremerton Robotic 1200 Part Number 754324 747816 759224 741964 92016 759227 733271 6001020 667304 733270 754598 742007 733269 733323 733264 Product Description Quantity List Price TCRP1203+ w/PowerSearch, PinPoint R1000, Automatic $ 27,755.00 Target Recognition Total Station, 1 Color Keyboard, . Laser Plummet, GSD01 communication side cover, . Standard Applications, User Manual & Carrying Case RX1250 T Windows CE System1200 Controller, inluding Integrated radio modem, antenna, battery compartment, ' touch screen, alpha keyboard, 2 X GDZ56 stylus for touch screen, user manual . Leica SurvCE RTS (includes a 256Mb Leica Industrial CF: . Card where Leica SurvCE resides) RH1200 RadioHandle with Integrated Radio Modem, with Antenna, user manual, for TPS1200 together with RX1220 & RX1220T Leica Advantage Silver Level - TPS Leica SurvCE Roads Option (only sold with Leica SurvCE TS, RTS, GPS or Complete) GKL221, Charger PRO. To be used with up to two . charging adapters GDI221 or GD1222, Charger cable and! net adapter included. .1 year Leica SurvCE Basic CCP 'Tribrach GDF121 PRO, without optical plummet, pale .green. GEB221, Lithium-Ion Battery, 4Ah Container for RX1250 (Robotic Kit, SmartStation Kit, SmartRover Kit or SmartPole Kit) 'GHT52, Clamp arrangement for attaching the GHT39 to . all poles (except mini poles). ,GEB211, Lithium-Ion battery, 2Ah, rechargeable. To be ,used with RX1220. GD1221, Adapter for GKL221 for charging 2 Li-Ion batteries GEB221, GEB211. GHT39, Holder for attaching RX1200 Series Controller to all poles (except mini poles). $ 5,77000 Discounted Price $ 25:53460 i TOTAL $ ---------25,.5:i4~6?i . ,:1 $ 5,30840. $ ,. : ~ ':i "'1 . J 5,308.40: . - Oij :~~~. . ~ ,'.~ '~"~:,~~.j;~ ',.: '::;:~}l;'\;~ 1,W340! J, ,,; ...."k ,." , ',.~~ 1;499:?~1 '~', 'J '., :, , 50600j '. :;! 460.06] d -j 4600qj ~ "~~ ;-1 '~ ~ ~I ~140~i 354:20) :~/ ~~:~ -.'1 331.20j ":,,1 165.6p; ;" "~j:'j il";l ., .' .,13{q,O! ';:-~~ :+~~! c. . J~ ~;>ij 23,9.,?0) . , . .~~i .110.40; 46001 "! 37,3.10:6ll.i Signature: 1.-..----..------.-------------..----------------..------- Order Information Kuker Ranken Inc. Attn: Robert McFall I 6510 216th SW Tel' 425-77.1-7776 Mountlake Tenace, WA 9804 Fax 425-774-7538 Email: rmcfall@krinc net I I I l______.______________..,___..._..___,_________._____._______._______J '$ 1,89500 ,$ 1,63000 $ $ 550.00 500 00 $ 500 00 $ $ 450.00 385.00 2 $ 180.00 $ 18000 $ 150,00 2 $ 130.00 2 $ 60,00 $ 5000 Date: , . r---TermS-&c;;i~~~~;-1 0 day:~~-------------I , - Quotation valid for 30 days I I ' Net 30 days unless otherwise slated. I I - r enns subject to approval. I Full Software LIcense Agreement: I ! Ilttp'i/www lelca .geosystems .com/corporate/en/ndef/lgs _ 3295 htm i Full Standard Warranty: LI!.!!P..!!.'YWW 1~_a:g~~;[S~~~!'~n!~_Qr:~!Jr_al~/en~LIJ'EortJig~3i.b!.'!1___' $ 1,74340: $ 1,499.601.$. $ $ 506.00: $ 46000:$: $ 460 00 '$ $ $ 414.00: 'It 354.20 ! $ 165.60: $ $ 165.60' $ $ 136.00; $ I $ 119.60! $ $ 55.20 i-$ $ 46.00. $ Sub Total:.... _~_t, Freight: Sales Tax: '. TOTAL: ~~i~J.i1~~~ Leica l-PS1200+ Series High performance Total Station "'-':,-1"'<I',~~~'" ,:~i~iC;;2\~~:i~t\j~~;~f,~~~~;~' ;;\\ '.-'i,..,' ;:'d:\~~ ",<: " Ai ~ - J"V' ">~ , {'r ~'~,"':~r ..i' ~~ ;;~Yf;<~::it~~:. ",,~4 - when it has to be right Geosystems DATE SUBMITTED: March 5. 2008 BILL# 08- Obi AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5~ ........................~....................e.......................................... SVB,JECT: Professional Services Agreement with RH2 Engineers for Design of Sheldon Boulevard Sewer. Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: March 12. 2008 March 19,2008 Engineering Michael Mecham 473-5288 SUMMARY: The sewer in Sheldon Boulevard is deteriorated and needs to be replaced. In addition the pressure main from sewer pump station CE-3 needs to be replaced. The Engineering Division has obtained a PWTF loan for the design and construction of the gravity sewer in Sheldon Boulevard. There are also funds in the Wastewater Capital Budget for construction of the pressure main. The Engineering Division has chosen RH2 Engineers from a list of qualified engineering firms for this type of work. A scope of work, cost and schedule is included in the exhibits attached to the Professional Services Agreement. ATTACHMENTS: 1. Council Summary; 2. Professional Services Agreement. FISCAL IMPACTS (Include Budgeted Amount): $500,000 is budgeted in the 2008 Wastewater Capital budget. The PWTF loan identifies $30,000 for design. The cost of this contract is $67,678.00. APPROV ALS: DEPARTMENT DIRECTOR. CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: CONSENT AGENDA ~ GENERAL BUSINESS D PUBLIC HEARING D COMMITTEE CHAIR COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve the Professional Services Agreement with RH2 Engineers, Inc. to provide engineering design services for the sewer in Sheldon Boulevard and authorize the Mayor to finalize and execute the necessary agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action COUNCIL SUMMARY SHELDON BOULEVARD SEWER IMPROVMENTS Summary. The sewer in Sheldon Boulevard is deteriorated and needs to be replaced. In the last few years the sewer crews have spent many hours repairing the old sewer to keep it operation until it could be replaced. The Engineering Division obtained a PWTF Loan for the design and construction of the gravity sewer in Sheldon Boulevard. In addition there are funds in the Wastewater Capital Budget for construction of the pressure main. The pressure main from sewer pump station CE-3 needs to be replaced in conjunction with the work to be done with the beach sewer and the Boardwalk. Since both pipes will be installed in Sheldon Boulevard, the street will also be reconstructed RH2 Engineers was chosen from the Engineering Division list of qualified engineering firms for this type of work. A scope of work, cost and schedule is included in the exhibits ~ attached to the professional services agreement. Financial Summary. $500,000 was in the Wastewater Utility Capital budget for this activity. The contract with RH2 Engineers is for $67,678.00. One-half of the funds for design will come from the Wastewater Capital budget and the other half will come from the PWTF Loan. PROFESSIONAL SERVICES AGREEMENT Sheldon Boulevard Sewer Replacement The City of Bremerton ("City"') and RH2 Engineering Inc ("Consultant"), referred to collectively as the "Pmiies," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated Match 5, 2008, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.O. of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in section IX (A) of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $67,678.00. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. 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. Bremerton/RH2 Engineers, Inc Sheldon Boulevard Sewer Page 1 of6 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including. but not limited to, compensation. insurance, and unemployment insurance are available from the City to the employees. agents. representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. 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 MUTU ALL Y NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. Bremerton/RH2 Engineers, Inc Sheldon Boulevard Sewer Page 2 of6 VI. Insurance: The Consultant 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 Consultant, its agents. representatives, employees. sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1.000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregare for personal injury, bodily irljury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCD) if applicable; and employer's liability; and. 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims-made" basis. The City 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 right 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. Bremelton/RH2 Engineers. Inc Sheldon Boulevard Sewer Page 301'6 VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Port Orchard, 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. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Place of Work: The Consultant s~all perform the work authorized under this Agreement at its offices in Port Orchard, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. E. Entire Agreement: This Agreement'and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral. that have not been set forth in the text of this Agreement. BremertonJRH2 Engineers, Inc Sheldon Boulevard Sewer Page 4 of6 F. Severability: Should any paJ1 of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. G. Modification: This Agreement may only be modified by written instrument signed by both Parties. H. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or I st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Michael Mecham City of Bremerton 3027 Olympus Drive Bremerton, W A 98310 Consultant Address Mike Pleasants RH2 Engineers, Inc 600 Kitsap St, Suite 101 Port Orchard, W A 98366 I. 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. J. 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. K. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws ofthe State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. M. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. N. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color. national origin, sex, religion, age, marital status, disability, or sexual orientation except for employn'lent actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Breme110n for convenience. This Agreement may be immediately terminated for cause by a Party if the Bremerton/RH2 Engineers, Inc Sheldon Boulevard Sewer Page 5 01'6 other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be tenninated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: I) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. CITY OF BREMERTON CONSULTANT By: its: Date: By: its: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk Bremerton/RH2 Engineers. Tnc Sheldon Boulevard Sewer Page 6 of6 EXHIBIT A City of Bremerton Sheldon Boulevard Sewer Project SCOPE OF WORK Background The existing gravity sewer on Sheldon Boulevard has reached the end of its useful life. It needs to be replaced with a new gravity main. The pump station near the intersection of Sheldon Boulevard and Highland Avenue is being replaced to accommodate a new pressure line being designed for use on the adjacent shoreline. A new pressure line is needed to move the sewer from the pump station to the gravity sewer on Park Avenue. This new pressure sewer main will be installed parallel to the new gravity main. The existing road is aging concrete. Rather than patch the trenches of the sewer lines, this project will remove the old concrete road and replace it with a new asphalt surface per the current City of Bremerton (City) standards. This project includes the replacement of gravity sewer, a new pressure sewer main and road replacement. It is located along Sheldon Boulevard from Park Avenue to Highland Avenue. The project length is approximately 1,500 feet. This scope does not include permitting. While the City owns the right-of-way this project will be located in, there will be shoreline permits required as well as others most likely. If assistance will be required for the permitting efforts an amendment to this contract will be made. Task 1- Base Map Development Objective - Collect the information needed to determine the sewer alignment. Approach 1) Collect utility drawing records from the City and other local agencies. Records will be used to verify the accuracy of the survey. 2) Request underground utility locators or the utilities themselves to locate utilities in the area of anticipated construction. Perform a survey for the surface features, located underground utilities and topography with 2-foot contours. Include all trees and shrubs \vithin the City right-of-way in the survey. 3) Create base sheets and format survey drawing data. Establish stationing for the gravity sewer extension design with rdcrence to a permanent monument. The survey will be based on the State coordin~lte system. Vertical datum will be in accordann: with the City. City ojBrmJefioll S be/doll BO/l!e/!{lfd Snver Projed Page 2 S ({}pe of Work Task 2 - Geologic Review Objective - Collect the information needed to determine the constructability of the proposed sewers. Approach 1) Conduct a limited geological and hydrogeological exploration USl11g test pits to characterize stratigraphy and groundwater conditions. One site visit will be made and two test pits will be analyzed. The City will provide the operator, flaggers, equipment and any other staff required to dig and backfill the tests pits. Depth of test pits will be as low as the proposed trench depth, which is to be determined. RH2 will prepare test pits logs and interpret information. 2) Prepare a draft geologic report with recommendations for excavation, handling of subsurface water, placement of improvements and backfill. 3) Prepare final geologic report to be included with the bid documents. Product - Geologic report, including test pit/bore logs to be incorporated into the construction documents. Task 3 - Determination of PreliminaJy Layout - 30 Percent Design Objective - Investigation and discussion with City staff about the proposed alignment. Approach 1) Determine the general alignment of the gravity and pressure mains using the base map data, field investigation and discussions with City. Typical cross sections of trenches (gravity and pressure sewers) and roadway replacement will be determined in meeting with City. 2) Prepare overall figure showing the general alignment of the proposed sewer mains. 3) Analyze existing and future use information to determine appropriate size of the proposed gravity and pressure mains. The pump station feeding the pressure main is being designed by others. The City will provide the flow rate for the iJressure main design. The City will also provide information on the possible redevelopment of the service area. Product - 1 \ figure displaying what the gcncral horizontal layout will bc. RH2 1)1{[\1 )/:l/2(HlX I \ lJ. \ 1 \ \ JH\..\! \~.~(}\2(jOX .:-,Ih Id, >11 HI '.'ll ,-';,.,.'\\ l r\~Ill'ld( III Hh d :--:...'\\'\ r ~( l\V d, lC City of 13 rl'!l1f/1o Jl SheldoJl 13ol/le,.ard Jewel' Prqject Page 3 Jcope q/1f7ork T;lSk 4 - Prepare Construction Drawings and Specifications - 60 Percent Design Objective - Prepare construction pbns and specifications for the installation of the sewers. It includes sizing both the gravity and the pressure mains for future connections from the south. Approach 1) Prepare plans of the sewer alignments at a scale of 1"=20' for review and approval by the City. Prepare the proftle based on the approved alignment. 2) Attend 60 percent completion (horizontal and vertical alignment drawings only) design review meeting for vertical alignment confirmation. 3) Prepare special details not included in City or Ecology standards needed to convey the scope and method of the sewer improvements. Provide general notes in conformance with City standards for construction drawings. 4) Prepare plan displaying the extents of the demolition of the existing road. 5) Prepare special details not included in the City standards needed to convey the scope and method of the roadway restoration improvements. Provide general notes in conformance with City standards for construction drawings. 6) Prepare traffic control plan displaying detours or alternating one-way traffic options. 7) Prepare construction sequence plan addressing the bypass requirements for side sewers and mains. 8) Field verify the design regarding visible issues of constructability and conformance with design intent. 9) Prepare preliminary estimate of probable cost at 60 percent design. 10) The City will provide the General Sections of their Standard Specifications in a Microsoft Word electronic file. RH2 will prepare the Technical Specifications through reference to and modifications of the current WSDOT / APWA Standard Specifications so as to be compatible with the City and Ecology standards. RH2 'will also be prepared to provide, at the direction of City staff, the advertisement to bidders, the bid schedule and the measurement and payment description. Product - One set of 60 percent construction plans and preliminary specifications and bid documents. RH2 BHJvI ;/;/ ~(I(l,'-; /.\ I). \')' -\ ',HI(,\J \."04/)\ .:/)/);"; ,<hdl!' III Hi; j ,'I. \\ L r\SJwldl I)) BIn J .'L'\\ L I Sf )\\1 de IL City q/ BrmmloN SheldoN BOllle/Jard SeIVer Project PC/oe 4- ,,> Scope q/lV'ork Task 5 - Finalize Plans, Specifications and Bid Documents Objective - Finalize drawings, specifications and contract documents. Approach 1) RH2 will conduct a quality control review of the bid documents prior to preparation of final bid documents. 2) Submit drawings and specifications to the City at 90 percent completion (drawings and specifications). Meet with City to discuss final design. 3) Perform final edits to drawings and specifications based upon in-house review and City comments. 4) Produce 30 sets of final plans, contract documents and specifications. Deliver to City for distribution for bidding purposes. 5) Prepare final estimate of probable cost prior to advertisement for bid. Product - Thirty sets of bid documents, including drawings, specifications and contract documents. Plan sheets shown at 1"=20' on ii-inch by 17-inch sheets. Copy of final cost estimate. Task 6 - Services During Bidding and A ward - Time and Expense Objective - Assist the City with project administration and during the bidding of the project. Approach 1) Respond to bidders and suppliers questions. 2) Issue addenda, if determined necessary to clarify, revise or change construction plans, specifications or contract conditions during the bidding process. 3) Attend the bid opening. 4) Review bid submittals and evaluate responsIveness of low bidder. Compile data from all bidders, prepare a bid tabulation sheet and revicw bid. Prepare recommendation to the City for project award. Product - Addenda, if nccessary. Bid tabuhtion and written recommendation of award. Rf-I2 BR!\I ),' lj2(HIX ) \1) \'1' \ \, ])I{,\1 \~ [11\:1 ij I,'~ : ItlJdl)11 1-'.1\ d ~l \\ l I \~hlld()11 Hh d ~l'\\ l'r :'1( J\V c Ie ll' c,'(y q/ 13 re lIle rto 1/ S be/don BOlllelkml S elver Pro/crt Pc(ge 5 Scope q! IIVork Task 7 - Services During COllstructioll - Time and Expellse Objective - Assist the City with the administration and enforcement of the contract documents during the constmction phase. Approach I) Attend the pre-constmction conference. 2) Review shop drawings and submittals. 3) Provide constmction inspection upon request by the City. 4) Review pay requests. 5) Review change orders. 6) Attend a final walkthrough with the City inspector and provide recommendation for final acceptance. 7) Prepare constmction record documents. Product - Written responses for shop drawing and submittal reviews, pay requests and change orders. Inspection reports, upon request of service. Letter of recommendation for project acceptance. Two sets of constmction record drawings and PDF files of the same on CD. Note: The Scope 0/ Work to accomplish Tasks 1 through 5 can be well defined; therefore, the time requirements can be predicted The time requirements and engineering.fee estimate for Tasks 6 and 7 are dijjicult to predict, because rif several !lncontrollable factors that can qffect the time requirements for these activities. Therefore, we propose to petjOrm these activities on a direct time and expense basis. We propose to accomplish Tasks 1 through 5 on a time and expense basis, not to exceed the Fee Estimate provided Iun BRM ,(i/211I1K \. 1 ), \ r \ \ IH, i\ I \.c.::, ~()\~()I):-) .-":'Ill'ld( Hl ]\1\ 1.1 ~l'\\ c f\~hl'ldf)11 l~h d SC\\ l'f ~( )\\1 LI( lC Exhibit B City of Bremerton Sheldon Boulevard Sewer Project Preliminary Project Schedule Duration Completion 2008 Dl';:;cnptlOn \Xieeks Date 1\1arch ,\pnl May June lu1\' :\UL>tIst Sent Oct :--':0\ Dee 1 2 3 4 1 2 3 4 5 1 2 3 4 1234123451 2 3 4 1 2 3 4 1 2 3 4 5 I 2 ) 4 1 234 5 Base Mao Dcn'looment 4 4/11/2008 I I J I I d:::b ~- -+1 i~ ~~olol:..'1c Rc\"icw 4 4/25/2008 - jO"/"l)CS1!11 4 5/9/2008 - -:=b J tl -1--: =:;::--= --+---j-- - IOW"ll I?~ and Snectficattons 4 6/6/2008 - j~W ~nal ~)('Sih'11 and SpecificatlOns 2 6/20/2008 - ~-ices Dunng BIdding and Award 4 7/18/2008 - T 1- -t- - , [-T' 1- SC(\"!Ccs Durmg <:onstructton 15 10/31/2008 I I I I LLlLIJ '7 J:IDA T AIBRM\S4012008 Sheldon Blvd SewerlSheldon Blvd Fee Estimate,xls 3/512008 EXHIBIT C City of Bremerton Sheldon Boulevard Sewer Project Estimate of Time and Expense Description Principal ! Senlor Review i . . . . . . . . . . ,,10't ' 1-$-.' ';178 $.. .' '$ 161 $ '.1';339 "8'.: .. '$'. 878' $, 6;900 $ 164 -$ 7.942 '8,' .$ '. ',896 $ $ :'205 $. 1.101 -:'!~26 ,.t_, ) t',';';' , .2.952' '$:.-. .i'6.900.: $;' "~:,530: $'. .10.382 . lTask-:r GeolOtiic Review ! ! ! ! -.." ,,<I >~ ~- 2.1 Field investination and data collectiOn ! ! ! , 16 , ,. J7d $. 2,669 $' ,. $ $ . . , 2.[~ 2.2 Preoare draft report ; 1 ; 2 ; '" ! . -23 $' 3.177 $ , $ 87 $ .. 3.264 I 23 Preoare final report 2 i 2 i 1 i i L 16 ! . ,~; , 27 :: $ 3.847 $ '$ 87 '$ . .3.934 Subtuwl 2 2 3 4 48 8 ::":67, ," :"L.(' . 9.693 $.. ,,' ;$: "':' 218. $ . 9,911' Classification Task 1 11 12 13 Base Map DeYelop~nt LJtllity records Site survey Base m draWl 5 ITask 3 Determination of Preliminarv Lavout - 30% Desio" , , ; ; " .... I 31 D-etenmne nreferred construction methods and locations with City . ! 4 ! 8 ; ! 1 .. .:21;< $ 2;730 $ ',. .. $' 199 '$ . 2.929 r 32 Prepare general layout fig-ure ; 2 ........ ; 8 4 : ; 1 ,,, .23' .- .$":. 2.838' $ $ "264. $. ':'. 3.102 I 3.3 Detennine size of sewer maIns ! 2 4 4 i , ~"'10J" .$,,': 1.328' $ , ... $ .ijg $. .~ sublotal 8 , 20 20 4 2 .:54d.' 5l i..... 6;896 '$ .. ',~:.' .~. ~ ,.~ $ '549 'K ....7.445. ubtolal 4 20 Task 4 4.1 4.2 4.3 44 45 46 47 48 4.9 50 Prepare Construction Drawin 5 and Specifications - 60% Desl n 60% desi n meeti with C~ Plan and profile (plan drawln sat 1" = 20' Sewer Improvement details and notes Roadway demolitIon plan Roadwa restoration details and notes TraffIc control Ian Cclnstructlon se uence Ian Plan verificatIOn 60% cost estimate Construction contract and s eClficallons Contract roUer plate (provided ~~ Prepare bid schedule and pa ent descri Hans ModificatKJOS to WSOOTlAPWA standard ificatlOns ,,~ . ,5, ,t" .$::". '580 $ '.' 27 $' ..3.170 $'. ',.18,'" '$' ". 2,116 $ .;',8" $' .950 $: .... \ 10 $ 1,174 '$ .10 $ 1'.17!!, $ , ............ 9 .$ 1.120 $' "!! $ 564 $:. ,.. 6. $ :.796 ~~. "\. "- .10 $ 1.124 -$ .u............... 14 $ . 1.688 $ "- 15 $. 1.794 $, 18 20 .136'" $"~. . 16.250 ,$" Task 5 5.1 52 5.3 54 55 Finalize Plans, Specifications and Contract Documents In house review of plans and specifications Submit plans and 5 ificatio~s to CIty and attend des' n reVIew meeti 5 Perform final edits to lans and contract documents Pre are 30 sets of btd documents for biddin ses Fmal cost estimate 21 ,",16.- "'-.1 V ',~'L 16 :.: 14. ..., 5 :.67.':. $ ',' 2.264 $ $ . 1~866 $' $... ,1.534 $ $ ',\. 1:310' $ $ 620 $. ", '. ". ,7;594: $ , 1 . $ . 174 $ -'754 $ '499 $,. 3.669 $ 264 $ '. "2:"'380 $ '-114 $.--''1.064' $ 139 $ ; -::T:i13' $ 139 :$'-:---:-''"'T.3h $ 11'--:$--T234 . $ ...-----.'75 ~---"--.639 '_("' ", .19 $-"-".--,-815 $ , 85 $ 1,209 $ '85 $ 1.773 $ 110 $ 1.904 $,. ....,.816. '$ 18.066 .$~,~ 225 '$--~-:-:-'2:489- $~52 r-'-2,118 $ 226 T~760 '~~1.387 T---:-2,677 $'-' 45$. . 665 '$ '.2,114'$ ..... 9.708 I 48 5.227 1'.$ 14. $' 1'.584 $ - $ 183 $ 1.767 "'9:_ $ .,' '1,016.., $' $ l63 $. . -U79 ..... ~2. $ .282 $ '- $ -25 $ ~f 5. $ ..568 $ -$ 69 $ 637 .....,:30,. '$,!~.~:,. .. 3,450. $" . .$ ...440 $ .3,890 <,',~ c7'<' $ 853 $ 45 $.."' '. 6. . $ 654 $ " .10 $ 1,160 '$ .10". . ..$.... 1.160 $ "- :10 ... $ 1:160 $" '.'. "5 '$ .838 $.- ;~-" 14. $ .' 1,608 .$ ~'1~'\62",.~' 1';,~:,J;'1.-"" 7,233 .$.... .,. 17 92 1 $ 10.683 1 $ 1$ 1.4831 $ ...12,166,1 70 442 I $ 54.068 I $ 6,900 , $ 6.710 1.$ .67:.678:1 . "', Subtotal Design-Tasks.:.: ',. ".)~;., , ./.. '.... ,~'..:"':.:I 27 89 90 37 Task 6 6.1 6.2 6.3 64 Services During Bidding and Award Time and Ex nse ReslXlnd to bidders' and sup hers' uestlOns Addenda Attend bid opening _ Bid tabulation and recommendation Sublotal 10 8 Task 7 71 72 73 7.4 75 76 77 Services During Construction Time and Expense Preconstruchon Conference ReVIew submittals/shop drawings ConstructIOn Insp~tJon Review a re uests Review change orders Project acceptance CollStructlOn record draw1 S Sublolal I' I Subtotal,Bidding and. Coi1structlon'Tasks.':..c~.. ; A< ',;1 PROJECTTOT AL: .. ......;, \, .j;';.. . r..;ii:.; ",:,..,:;/1 37 30 -,,' 6 27 126 120 45 48 JIOATA\BRM\S40\2008 Sholdon 8I'od S-\SOOIdon Bl'od F.. E"bma~.;d.. 53 350 1 $ 43,385 1 $ 6,900 I $ 55;5121 DATE SUBMITTED: March 5.2008 BII,L # __--.D.i~Q~~ AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5/-1 ................................m.................................................a..... SUB.JECT: Purchase 10 traffic signal controllers from Econolite Control Products . Inc. in the amount of$35J49.30 Committee Meeting Date: March 12. 2008 COUNCIL MEETING Date: i'vlarch 19.2008 Depat1ment: Public Works Presenter: Bob Tulp Phone: 473-5753 SUMMARY: Replacement of aging and non-supported Traconex controllers with Econolite traffic signal controllers for improved traffic management at 10 signalized intersections. This purchase is a recommended sole source procurement from Econolite. Econolite controllers are the standard traffic controller for the city of Bremerton and are being incorporated into all 37 signalized intersections as normal replacements are made in the system. ( A TT ACHMENTS: Quote attached. FISCAL IMPACTS (Include Budgeted Amount):. The purchase of these new controllers is included in the 2008 Capital budget APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: , .~ ~~l. ~-" / c:-. , ~;t/2_"".".- -~ COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA ~ GENERAL BUSINESS D PUBLIC HEARING _U RECOMMENDED MOTION: To approve the purchase of 10 signal controllers trom Econolite Control Products Inc. in the amount of $35,349.30 COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action Agenda Bill Summary The City of Bremerton maintains 37 signalized intersections within the City limits. These are served by computerized controllers inside signal cabinets located at each intersection. Both the cabinets and the controllers are limited life equipment and should be replaced approximately every 15 to 18 years. Our signal cabinets were not being replaced on a systematic basis until two years ago. Since then, we have been able to replace 11 units using some reallocated Street Fund capital, some REET supplements, and through the BTC project detour. An additional few are added to the list as accident knock-downs or fires occur and insurance money is available. We will need to continue to purchase one to three additional units each year as resources are available. In the past we had a system dominated by Traconex@ controllers. These are now old technology and spare parts are almost impossible to find. We have used our old Traconex@ controllers for spare parts to keep the remaining units functional as the number of these declines over time. That strategy has been working so far but continued replacement of these older controllers is necessary to provide the spare parts needed. Four years ago, the City made the decision to standardize with Econolite controllers. The old Traconex@ controllers can't be interconnected with the newer technology Econolite system to provide a coordinated system and better traffic flow as well as standardized equipment. Other systems are not compatible with Econolite. This agenda item is for the purchase of 10 new controllers from Econolite Control Products, Inc. in Anaheim, CA for $35,349.30. [1!<l..'lilIl ~I.: " ~"'tt1ilt\ r; .)))!r..,,"~!} -._~~.r?..,. :r.~ CON, T' RIO.. "" R 1::J, 1;'1 (.j C T S, ~ 1;'.1, c.. -~.." _..."--,, - ,,-,-- ._-~ ,"~ '" .. ",~-~." ,,-._~-_.~~_.--, -".~ ._,--".,,--- --. '_.'-~"--'~' -'~-.,-". ....__....._~ -'-.. ....~_..,- ...., ~,~.. ._, .-._.~-~"._.._ >>_".... - ,_~'.'H_.'^~,_,~__ '''_''__''''~ ,__~.__~..' 'v~v__ .,,_~.. .. _._ ...___,,_ .__,..._" ~3()h_~xt'~!:......H'-:2~ t~j'- )f:l't I\/it")\/~,~~ t;r'-i8 \/\/C)C''1kj T'\fi DATE: February 14,2008 TO: City of Bremerton PAGE 1 OF 1 . Project Reference: ASC/3 Econolite Reference: 48-1453 Quote valid for 30 days A TTN: James Dean . We are pleased to offer you the following products and services at the prices and terms set forth on this form. Item Qty Description Price P 1 10 ASC3-2100 Controller w/TSP Data Key $3,185.00 ASC321011100000 with TSP(P/N#SFDT1000000000) $ 31,850.00 Total Price $ 31,850.00 8.6% Tax $ . 2,739.10 Grand Total $ 34,589.10 2 5 Standard Data Key P/N#100-1007-501 $ 140.00 $ 700.00 Total Price $ 700.00 8.6% Tax $ 60.20 Grand Total $ 760.20 Freight: included Terms: Net 30 days Taxes: included ,Delivery: 30 days after receipt of valid order, ;J[nn ;;f{ ;&adl Ann Roach, Estimator Jeff Wolf, Sales Manager Release date and approved submittals, where applicable. ..--. ~,~ ,u~n___ - . -_.~-,._.- - ,-- u_.._ .--_. ..---. --..~-------- . .-____._....,.'. ,-~_,_____~___~_.. _>___~_,_._,_ ,~_ ,_._.__~__ ~___,_c.."_ ._'....~__~_ ." _..,," '_'_., ...._,,_,.. "', ,." ",....., '''''''.'''''>>_ ._........LO ,Jl' .:~ ,~,_::;; IJ \:''1-ir~:-l:~!; \r~~f\ 'i>i~~~:l<.~:')'::.l:; > Fr1 /,/ :4) (3J~-: ~ I' ;..\/ ' '( t~; 6:~;;:'-j~' /1 (.; . (-' ~ :-', (,:..: I:;::; i :~! i,-" ':\. t:<~d 1 '3 (~;; j' i~ './. ",:' 'i : . J .,,~, ; : 'f .--- ~.._--.- ""~>', !(~)! DATE SUBMITTED: MARCH 1, 2008 BILL # 08 - Ob3 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 51 .............................................................g.......................... SUBJECT: POSITION RECLASSIFICATION IN UTILITY BILLING OFFICE Committee Meeting Date: MAR 12,2008 COUNCIL MEETING Date: MAR 19,2008 Department: PUB WKS & UTIL Presenter: PHIL WILLIAMS Phone: 473-5755 SUMMARY: Currently there are two Accounting Assistant II positions vacant in the Utility Billing Office. It is proposed that these two positions be replaced with Customer Service Representatives. The positions are more customer service oriented than accounting and the only accounting skills for these positions is basic bookkeeping and balancing. The AAII is at pay band 8 whereas the Customer Service Representative is at pay band 7. There is no increase in personnel costs with this proposal. This proposal has been coordinated with and approved by the Teamsters Local 589. ATTACHMENTS: Public Works Administration Division Organization Charts (Current and Proposed) FISCAL IMPACTS (Include Budgeted Amount): None _.....~.,,-............ /--"" ---'-, / APPROVALS: L -,_..""".-.,..,'-- DEPARTMENT DIRECT~_, .':.~."._~" . CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: ~. COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA~ GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: That the City Council approve the elimination pf two Accounting Assistant II positions from Public Works & Utilities and add two Customer Service Representative positions. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action 2008 City of Bremerton Department of Public Works & Utilities Administration Division Director Public Works & Utilities Office Assistant " - Senior Spec I PW&U Financial Project Administrative Manager Manager Analyst Accountant Web Support I-- - Spec AASr. L..- Utility Billing Supervisor AASr. - AAIII - AA II - AA II - AA II t-- 2008 City of Bremerton Department of Public Works & Utilities Administration Division Director Public Works & Utilities . Office Assistant - Senior Spec PW&U Financial Manager Project Manager Administrative Analyst - Accountant Web Support Spec I- '-- AASr. Utility Billing Supervisor AASr. '-- AAIII - AA II t-- ~----------------------------I ! Customer. ! : S . . :- : ervlce Rep : 1____________________________1 .---------------------------~ : Customer ! I i-- ! Service Rep ! L--_________________________l DATE SUBMITTED: March 12, 2008 AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL # 08 - Dbt..J 5~ ..............................................8.............m........................... SUBJECT: Ordinance No. ~ recodifying BMC Chapter 2.36 "Lodging Tax Advisory Committee" as BMC Chapter 2.38 Committee Meeting Date: March 12, 2008 COUNCIL MEETING Date: March 19, 2008 Departinent: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: Ordinance 4981 created BMC Chapter 2.36 as the Design Review Board. Ordinance 5001 created BMC Chapter 2.36 as the Lodging Tax Advisory Committee. The proposed ordinance recodifies BMC Chapter 2.36, Lodging Tax Advisory Committee as BMC Chapter 2.38 in order to correct the duplicative numbering. ATTACHMENTS: Proposed Ordinance No. 5olf3 FISCAL IMPACTS (Include Budgeted Amount): None APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: RECOMMENDED MOTION: CONSENT AGENDA ~ GENERAL BUSINESS 0 PUBLIC HEARING 0 Move to pass Ordinance No. SOL!:}- recodifying BMC Chapter 2.36, Lodging Tax Advisory Committee as BMC Chapter 2.38. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action ORDINANCE NO. 5b43- AN ORDINANCE of the City Council of the City of Bremerton, Washington, recodifying Chapter 2.36 of the Bremerton Municipal Code entitled "Lodging Tax Advisory Committee" as Chapter 2.38. WHEREAS, on October 12, 2006, Ordinance No. 4981 was passed by the City Council, creating Chapter 2.36 of the Bremerton Municipal Code entitled "Design Review Board"; and WHEREAS, on March 21, 2007, Ordinance No. 5001 was passed by the City Council, creating Chapter 2.36 of the Bremerton Municipal Code entitled "Lodging Tax Advisory Committee"; and WHEREAS, the City Council desires to recodify Chapter 2.36 of the Bremerton Municipal Code entitled "Lodging Tax Advisory Committee" as Chapter 2.38 of the Bremerton Municipal Code; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.36 of the Bremerton Municipal Code entitled "Lodging Tax Advisory Committee" is hereby recodified as Chapter 2.38 of the Bremerton Municipal Code entitled "Lodging Tax Advisory Committee" to read as follows: Chapter ~2.38 LODGING TAX ADVISORY COMMITTEE 2.~38.0l0 COMMITTEE CREATED - MEMBERSHIP. There is hereby created the Lodging Tax Advisory Committee ("Committee"). The Committee shall serve in an advisory capacity to the Mayor and City Council. The Committee shall consist of five (5) members as follows: (a) Two members appointed by the City Council who are representatives of businesses required to collect tax under Chapter 67.28 RCW; (b) Two members appointed by the City Council who are persons involved in activities authorized to be funded by revenue received under Chapter 67.28 RCW; (c) One member of the City Council who shall serve as chair ofthe Committee. 2.~38.020 APPOINTMENT. Pursuant to Section 32 of the City Charter and as provided for in RCW 67.28.l817( 1), appointments to the Committee shall be made by the Mayor subject to confirmation by the City Council, except the appointed council member who shall be appointed by the Council President. Pursuant to Section 32 of the City Charter, the members identified in BMC 2.;~-638.0l0 (a) and Recodifying CIl. 2.36 Lodging Tax Advisory Committee (b) above need not be residents of the city, however, said mcmbers should rcprescnt intcrests doing business in the city. 2.~38.030 TERMS. With the exception ofthe City Council member serving on the Committee, who shall be appointed by the City Council on an as needed basis, all members appointed pursuant to BMC 2.~38.020 above shall serve three (3) year terms. The initial appointment shall be staggercd with one (1) appointment serving a one (l) year term, one (l) appointment serving a two (2) year tenn, and two (2) appointments serving a three (3) year tem1. Organizations representing businesses required to collect to tax under Chapter 67.28 RCW and organizations involved in activities authorized to be funded by revenue received under said tax as well as local agencies involved in tourism and promotion may submit recommendations for membership on the Committee to the Mayor. 2.~38.040 COMMITTEE DUTIES. The Committee shall review and make recommendations to the Mayor and City Council as follows: (a) The Committee shall review and make recommendations to the Mayor and City Council on any increases in the rate of tax imposed, repeal of any exemption from a tax imposed or a change in the use of revenue received, including allocation of city lodging tax revenues, pursuant to RCW 67.28.1815. (b) Any such proposal shall be submitted to the Committee at least forty-five (45) days before final action on or passage of the proposal by the City Council. The Committee shall consider any such proposal, provide for public input, and submit comments in a timely manner to the Mayor and City Council. The comments shall include an analysis of the extent to which the proposal will accommodate activities for tourists or increase tourism, and the extent to which the proposal will affect the long-term stability of the fund created under RCW 67.28.1815. Failure of the Committee to submit comments before final action on or passage of the proposal shall not prevent the City Council from acting on it. An amended proposal is not required to be submitted to the Committee under this section. (c) The Committee may adopt, and amend from time to time as deemed necessary, rules and procedures for submittal, reviewing and processing of applications consistent with this chapter. 2.36.04038.050 SUBMISSION OF PROPOSALS The following criteria must be met and included in applications by all applicants and recipients for any use or disbursements of the lodging tax funds, and any reserve created with lodging tax funds: (a) Applicants must provide information and documents as required in the application fonn, pursuant to rules and procedures as may be established by the Committee and as otherwise requested by the Committee. (b) Proposals shall be dated and submitted in writing on a fonn or in a format as required by the Committee. Proposals shall be submitted to the City Council office by the date cstablished by the Committee for submitting applications. 2 Recodifying Cft. 2.36 Lodging Ta.y Advisory Committee SECTION 2. Severability. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or in'valid, 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 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of ,2008 WILL MAUPIN, Council President Approved this day of ,2008 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney day of day of ,2008 ,2008 PUBLISHED the EFFECTIVE the ORDINANCE NO. R:\Lcgal\Lcgal\Ordinances\legal\Rccodifying 2.36 to 2.38.doc 3 Recodifying CI1. 2.36 Lodging Tax Advisory Committee DATE SUBMITTED: March 12, 2008 BILL # 08'6/05' AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5K ........................................................................................ SUBJECT: Appointment to the Design Review Board Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: March 12, 2008 l1t1rvh I~ doo8 Executive Mayor Bozeman 473-5266 SUMMARY: Abbey Salmans has resigned from the Design Review Board. It is recommended that Kim M.J. Stewart be appointed to fill the vacancy. A TT ACHMENTS: Application for appointment available in the Mayor's office. FISCAL IMPACTS (Include Budgeted Amount): N/A APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: c, ~~- FISCAL/BUDGET: OPERA nONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Design Review Board. I CONSENT AGENDA ~ ~~ ~ e ap 'ointment of Kim M.J. Stewart to the COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action DATE SUBMITTED: March 5,2008 BILL# 08'" Ofc./P AGENDA BILL CITY OF BREMERTON CITY COUNCIL 'A .....\\~\~~..............................................e.............................. SUBJE'C't: Purchase of Lions Field Replacement Light Fixtures Committee Meeting Date: March 12,2008 COUNCIL MEETING Date: March 19,2008 Department: Parks and Recreation Presenter: Tom Cressman Phone: 473-5309 SUMMARY: The purchase of the light fixtures, wiring, mounting brackets and electrical component enclosures will upgrade the amount of lighting at the Lions Park fields to meet the 20 foot candle (outfield) national recommendation for nighttime play. A sole source purchase from Musco Lighting is recommended an explanatory memo is attached.. The new mounting brackets will insure the light fixtures are safely attached to the poles and able to handle wind-loads. Current brackets were found to be deficient during a September inspection by the city Electrical Division. This project is budgeted for $85,000 in the 2008 Capital Facilities Plan. The improvements support the Park Department Softball which is a revenue producing activity and a source of tourism. A TT ACHMENTS: 1) Agreement with Musco Lighting 2) Memorandum from Parks Director recommending sole source purchase of lighting equipment.. FISCAL IMPACTS (Include Budgeted Amount): $65,160,00 including WSST COMMITTEE CHAIR COUNCIL PRESIDENT: '. CONSENT AGENDA 0 GENERAL BUSINESS'~ PUBLIC HEARING 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: RECOMMENDED MOTION: Motion to approve an agreement with Musco Lighting for the purchase of replacement sports field lighting for Lions Park and authorization for the mayor to execute the agreement in substantially the same form as presented. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action ~~.(I)) GOODS AND SERVICES AGREEMENT ~S 'i.~EMENT, is entere~i~tobetwee~,the 9.0/ of Bremerton, a Washington Municipal Corporation ("City"), and Mus~ng,~hose mailing address is: ' , : 100 Fie~ ~ue 11~~ lJs~I~)~'1'7 The parties agree as follows: 1, VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the City: Sports Cluster Green delivered to Lions Park. Inq.luded js:J~actory-aimed and assembled luminaries, Contactor cabinet. Electrical component enclosure, Pole length wire harness and all mounting ~quipment. Baseball infield shall be - 30 Foot-candles and baseball . ., '~'.l outfield shall be -20 Foot-candles. Musco 10 Club Warranty. including 10 years parts and 2 years labor. Light levels shall be a constantfor 5,000 hrs. 2. TIME OF COMPLETION. Vendor shall complete the work and provide all goods, materials and services within 60 calendar days from the date all parties have signed this Agreement. , IUD~ 3. COMPENSATION. The City shall pay the Vendor the total amount of $65~ including applicable Washington State Sales Tax, for the goods, materials and services contempl~ted inth;s Agreement. The City sh,aIl pay the Vendor the following amounts accordin~~ to the following schedule: Paid in full at completion of instaliation ~nd working order of lights. A. Defective or Unauthorized Work. Th~ City reserves its right to withhold payment from Vendor for any defective or . :.'.,"~-',:JI~I':" J~~>r:':l ~ f" '.' . unauthorized goods, materials or servi<;:eS. I(Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services by Agreement or otherwise. and Vendor shall be liable to the City for any additional costs incurred by the City., "Additional costs" shall mean all reasonable costs, including legal costs and attorney fee~~ incurred by the ~ity ~~yo:nd th,e P.1aximuJ1l A~~e1llent p"ice ,specified abo~e. The City further reserves its right to ded~ft the cost to cOIl1p;I,eteif~.~,~.&r;~?T,~~t,: i!1cl~din.g any J\d~iti?~~l Costs, from any and all amounts due or t~ become due ~e Vendor. , .. . ':): ":,1'".',, :;:1 ,;-: ;! . ..,'0" It ,; :'./..,", .. '. 'l', 4.' INDEPENDENT CONTRACTOR. COIltractoris' and ~liaH be at aU times acting as an independent contractor and not' as 'an employee of the City. The Contractor shaH secure at its expense, and shaH be responsible for all payments of income tax, social security, ' . state disability insurance comp~nsation, unemployment compensation, and all other payroli deductions for the Contractor, officer, ag~riiS, employees and sub-contractors; The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor:s offi~~rs1 ~gents, employees and, sub-contractors. ". , \ TERMINATION. The City may terminate thi~ Agreement for good caUSe. "Good cause" shall Include, without limitation, any , one or more of the following events: s. :'::.: 1.\ :",.,'" A. '.,. : .'.l,' The Vendor's refusal or failure to' supplyI~ 'sufficient number of properly skilled workers or proper materials for completion of this Agreement. " , The Vendor'~ failure to complete this Agr~ement y;ithin the time specified in this Agreement. The Vendor's failure to make fldl and,prolljlptpayment to sub~()ntractors or for material or labor. The Vendor~s failure to compl,etew~th.\fed~ra.l,,~tat~or lClcall~w~. rules or regulations. The Vendor'~ filing for bankruptcy or becoming adjudged bankrupt., B. C. D. E. , .~ I If the City terminates ,this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the goods, materials and services required by this Agre~ment are completed and fully performed. 6. CHANGES. The City may issue a written change order f()~ any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to an authorized agerit of the Ci~,:fithin fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the recjllC:sterl'chiirigb:If the CIty determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The Citywill attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if theparties'are'unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with'thechangeordet work Upon receiving either a wri~ten change order from the City or an oral order from the City before actually receivingtbtwritten,.diangeorder;' If ihe Vendor fails to require a change order within the time allowed, the Vendor wai ves its right to make any claiin' p'rilUbrriit 'subsequen~ change order requests for that portion of the contract work. If , . the Vendor disagrees with the equitable adjustment the Vendor rriu,st complete the change order work; however, the Vendor may elect to protest the adjustment as provided below: A. Procedure and Protest bv the Vendor. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor shall: . , .. . 1. Immediately give a signed wiftten' notice of protest to the City; 2. Supplement the written p~otest wi~~n fourteen (14) calendar days with a written statement that provides th~ foll,owing informati<m: a. The date of.tl1e Y6pdor's,prote~l.: b. The nature an~ ci~q~mst~~c6"tl)!lt ,caused the protest: c. The provi,sions in th,~ Aw:~ment that support the protest. d. The estimated d911ar cost" if any" Qf tbe protested wo~k and how that estimate was determined. ' e. An analysis of the :pro~sl!s~hedule sh~wing the schedule change;or disruption if the Vendor is asserting a ~Ch~dl\I.~;chan~.<?r.:,disr!JPtion. .' , 3. The Vendor shall keeP, co~pletefe~r.~~ of ex~a cos~ arid tim!? incurred as a reSult of the protested work. l'b~ City shall have access,tollny.oft~e,~+i\ld<;l~'s re<;ords needed for evaluating the protest. , [. The City will evaluate all protests, provided the'procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable-adjustment; No adjustment wilLbe m~de for an invalid protest. B. Vendor's Dutv to Complete Protested Work; In spite of any protest, the Vendor shall proceed promptly to provide the . , . ,. , , ." , . . . goods, materials and services required by the City under this Agreement. C. Vendor's Acceotance of Changes. The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by . Vendor as provided in this section shaWcoh~titlltefulI paymentand final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. ' .. . . '.(~i . I, ' .r ,"" . .,: rli .. ::,~.:,I~'.~~' : t ~.~ \, ~ I, :t! D. Failure to Protest Constitutes Waiver. By notprote$ting as this section provides, the Vendor also waives any additional entitlement and accepts from the City-any written or oral order (including directions, instructions, interpretations/ana determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). 7. CLAIMS. The Vendor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims: ;An'y chiimfor damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall b~ conci~usii,lelydeemed to have been waived by the VendoT unless a timely written claim is made in strict accordance with the applicable provislorts.ofthis Agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Vendor knew, or should have known, of the fal: giving rise to the claim. At a minimum, a Vendor's written claim must include the information set forth regarding protests in Section.:jl(A)(2)(a)-(e).' ~ FAILURE TO PROVIDE A COMPLETE, WRITTEN l:'~OTIFICATION OF CLAIM WITIDNTHE TIME ALLOWED S~~ BE AN ABSOLUTE W AIVE~. OF ANY CLAIMS AR,ISJNG INWW A Y FROM THE FACTS OR EVENTS SURROUNDINGTIJ{-,\1 CLAIM OR CAUSED BY THAT DELAY. Vendor must, in any event, file any claim or bring any $uit arising from or connected with this Agreement within 120 calendar dlJy.s from the date the contract work is complete. . . 8. WARRANTY. The Vendor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the Contract work. When defects are c()rre~ted. the warranty for that portion of the. work shall extend for one year from tlie date such correction is complet~ and accepted ~y th~ qty. . Th~ ~",1}cl.qr shaH begin to correct any defects within seven (7) calendar days of i~s receipt of notice from the City of the defect.. If the V ~dqr.W?e.s.n9t accomplish the corrections within a reasonable time, the City may c91l1plete the corrections andthe Vendor shall pay all ~osts i~C4~reli by the City in order to accomplish the correction. 9. INDEMNIFICATION. Vendor shall defe~d, ind~~ify~nd 'ho1d the City, its officer, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losseS. or suits, inclu~ling all legal costs and aUorney fees, arising out of or in connection with the performance of this Agreement. Vendor's Obligation to indemnify shall nbt extend to that portion of damages caused by ;., '. (. the City's sole negligence. . . .".~:.: .' .,'", ),t The City's inspection or acceptance of any of V endor'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 ofliability for damage3 arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Vendor and the City. its officers, officials, employees, agentS and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence. IT IS FURTHER SPECIFICALL Y ANDExriES~~~/tJNDERSTOOD THAT TillS INDEMNIFICATION CONSTITUTES .. .,~I"""!;.:.:k," .! . j..:'J~' '. ~ . \ . i ;<:' ""t::; , . .. \:l~ .~~ . THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE , . :'. ~ . PURPOSES OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HA VE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. . , . :.11. . . ~hh. . 10; INSURANCE. The Vendor shall procure and maintair1,~or the duration of this Agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Vendor, its agent$, . !', representatives, employees or subcontractors. Before begilU1ing work on the project described in this Agreement, the Vendor shall provide a Certificate offusurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single Iiri:tit per accident for bodily injury and property damage; and Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage . ";\.' ' shall include but not be limited to: blanket:~~!1traclual; products/completed operations/broad form property damage; and .. :. ": : ;\.. . .;f~":;':f '. I , .' employer's liability. " ' ' 2. j , ~ :",'. Any payment of deductible or self insured retention shall be the sole responsibility of the Vendor. All required policies shall be provided()o Iln,',~~c.currell~l?:: iJasis except,prof~sionalliability insurance (if required), which shall be provided on a "claims-made" basis. ;/. '>.1 , I ,~:. ~l.,.< ..'.;,: The City shall be naI,Tled as an additional insured on ~ C()mIJ1ercial General Liability insurance policy, as respects, ~~k , . ;, performed by or on behalf of the Vendor and a copy of the'endorsement naming the City as additional insured shall be attached to the Certificate ofInsurance. The City reserves the right to receive a certified copy of all the required insurance policies. The Vendor'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 Vendor's insuram;e shall be primaC}' insl;lra!lc~ as resp~cts the: City .a~d the City shall be giventhirty (30) days prior writW~ ' , . - notice by certified mail, return receipt.requ~t<rd, of:~ny. qmcellation, suspension or material change in coverage. , . 1; :r: ,". ~);L '.! .'. 1 The City also reserves its unqualified right to requirellt llny 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. 11. MISCELLANEOUS. f ; t "'::",: A. Licenses and Taxes. Vendor shall possess a cti#entBremerton Business License and any regul~tory license required to fulfill Vendor's obligations under. this contract.... B&O t~xes shall be paid when due, and Vendor, by this agreement, assigns any payments due under this .contraCt ~o.the City Clerk for payment of such taxes which have been declared delinquent. ~ B. Conflict and Precedence. In the event of a conflict between the contract documents, the document which rates higher on C. the following list shall take precedence: 1. Addenda, if any, 2. Contract, 3. Specifications, 4. Terms and Conditions, 5. Contractor's proposal. Documents Incorporated by Reference. . The following documents are incorporated by reference, to include, but not be limited to: ~ , J' 1 <.'"j :' , \.;..~ .': :l' '~-', i.: ; 1. 2. 3. 4. Terms and Condition~, ,',,' Specifications, Proposal, and Non-Collusion Affidavit. ,..:i'h D. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement the Vendor, its subcontractors, or any person acting on behalf of Vendor shall not, by reason of race, religion, color, sex, sexual orientation, national origin, or the presence q~ any sensory, mental, or physical disability, discriminate against any perspn who is qualified and available to perform the work to which the employment relates. E. Compliance with Laws. Vendor shall comply wit~ all federal, state and local laws, rules and regulations throughout every aspect in the performance of thi~ Agreement. , I, "J'" , ';:~" . . F. Work Performed at Vendor's Risk. Vendor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this Agreement. All work shall be done at Vendor's own risk, and Vendor 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. , ..... ~ ~. ..;.fr . G. Governing Law. This Agreement shall be 'governed and construed in accordance with the laws of the Statedf Washington.: If any dispute arises between the Oityand Vendor under any of the provisions of this Agreement, resohitiort of that dispute shall be available exclusively under the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. H. Attornev's Fees. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party . ,'. . ".' . , . " shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the' City's right to indemnification under Section 9 of this Agreement. I. . ,I"' ',,' Written Notice. All communjcatio~s t6gaj-d},~g.ih'is Agreement shall be sent to the parties al the addresses listed below. . . . unle&& otherwise notified. Any written notiq~ sh~H become effective upon delivery', but in any event three (3) calendar days after the date of mailin~ by registered,orCertified mail, and s~all be deemed sufficiently given if sent to th~ addressee aqhe address stated in this Agr~~rn{lnt. Notices to be sent to: I". Notices to be sent to: f,;'.. ~ ~; . :t:_ VENDOR: Alm'~ :}...\. , CITY: Attn: City of Bremerton ??'!???? Bremerton, W A 98337 J. Assignment. Any assignment of this Agre~ment by the Vendo~ without the written consent of the City shall be void., . '\ " K. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. , '.' 'r :~.: .r. :'J. -. ii,j, '. ' L. Severability. 'If anyone or more sections, sub-sections, or sentences of this Agreement are held to be unconstitutional or J<-" invalid, that decision shall not affect the validitY of the remaining portion of this Agreement and the remainder shall remain in fuli force and effect. M. Entire Agreement. The written provisions an~terms of this Agreement. together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this Agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in thiS Agreement, the terms of this Agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this Agreement. VENDOR: CITY: ~ . City of Bremerton '0/' {l' ~. .;, By: Print Name: Its: Date: , :; . l ~ ' :.~._ , ,: -.," APPROVED AS.TO FORM: ,I -" ,". ,: '!"~ :. ,,, ~ : \ . ! i ~ By: Bremerton City Attorney ATTEST: By: City Clerk " H' ,:~i I ACORQ. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIVY) 03/04/08 PRODUCER 1-800-247-7756 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Holmes Murphy to AaIlOO - ItDM ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 9207 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dell MOinell, IA 50306-9207 INSURERS AFFORDING COVERAGE ---- INSURED INSURERA:EmDlovers Mutual Casual tv Co. A- XI Musco Sports Lighting, LLC Attn: Xaryl Thomas INSURER B: at. ....!aul fire r. Marine Insuranoe Company AXV POBox 808 INSURERC:Employerll Mutual Caaual..!l._Co.. A- XI INSURER D: ------ Oskalooaa-I IA 52577 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~l: TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE P!1~~J EXPIRATION UMITS A ~I!RAL LIABIUTY 2D5362508 07/01/07 07/01/08 EACH OCCURRENCE $1,000,000 .-.- ~ OMERCIAl GENERAL LIABILITY FIRE DAMAGE (Anyon. fire) $ 300,000 I-- a.AIMS MADE 0 OCCUR MEDEXP(~onepeBon) $ 15,000 ~ Contractual Liab PERSONAl & ADV INJURY $1,000,000 I--- GENERAl AGGREGATE - $ 2,000,000 n'l AGGRE~E LIMIT APAS PER: PRODUCTS-COM~OPAGG !.~,OOO,OOO POLICY X ~~.9;: LOC A ~TOMOBILE LIABILITY 2Jl5362508 07/01/07 07/01/08 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO (Ea accident) I--- I-- ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per peBon) I--- ~ HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Par accident) I-- I-- PROPERTY DAMAGE $ (Per accident) RAGe LIABILITY AUTO ONLY - EA ACCIDENT $ IWY AUTO OTHER THAN EAACC S AUTO ONLY: AGG $ B EXCESS UABILITY QIC05501238 07/01/07 07/01/08 EACH' OCCURRENCE $1,000,000 t:!:loCCUR 0 CLAIMS MADE AGGREGATE $1,000,000 $ R DEDUCTIBLE $ RETENTION S $ A WORKERS COMPENSATION AND 285362508 07/01/07 07/01/08 X WCSTATU-I 10J~ A EMPLOYERS' UABILITY 2N5362508 07/01/07 07/01/08 .$ 500,000 E.L. EACH ACCIDENT C 2Z5362508 07/01/07 07/01/08 E.L. DISEASE - EA EMPLOYEE $ 500,000 A :IPS::Ili:l5UY 0' /01/0' 07/01/08 E.L. DISEASE - POLICY LIMIT $500,000 OTHER A Leased/Rented Equipment 2C5362508 07/01/07 07/01/08 Limit 300,000 Deductible 2,500 DESCRIPTION OF OPERATlONSlLOCATlONSlVEHICLESil:XCLUSI0N8 ADOED BY ENDORSEMENT/SPECIAL PROVISIONS RB: Lions Park, Project No. 128583 The City of Bramerton ill included as an Additional Insured on the GL as their intarests may appear. CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION. SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION City of Bramerton DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 1200 NW Fairgrounds Road IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Dremerton, WA 98311 AUTHORIZED REPRESENTATIVE ~ .J-\ I USA ... ACORD 25-8 (7/97) ssteinbachwdsm 8261980 @ACORD CORPORATION 1988 _J I IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISC.LAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 2S-S (7/97) ..J .."m~.i ~: "cO c >" , ", ~ '.. . -"'., _"'I ^.J' ./;~ : 0t~. 2.) A1EA,fORANDUM -:~l ", . ,- .. .. :.," ,', ~ Date: March 5, 2008 To: Bremerton City Council From: Wyn Birkenthal, Director of Parks and Recreation Subject: Sole Source Purchase of Lions Field Replacement Lights from Musco Lighting The Parks and Recreation Department currently uses Musco lighting at the Pendergast Park softball and soccer fields. It has been our experience that Musco lighting products require a lower level of maintenance and produce a reliable, constant level of lighting over a period of years without needing adjustment, re-aiming or light replacement. Musco provides a guarantee that light levels will remain constant for 5,000 hours of use. The most comprehensive guarantee offered by other manufacturers is 3,000 hours. A difference equivalent to 1000 additional evening ball games at 2 hours playing time per game. A second reason for recommending sole source purchase of the lighting replacement for Lions Park is that Musco field lighting has a more efficient light spill control system than the lighting we currently use at Lions Park, W arren Avenue and Manette Playfield. The glare and excessive ambient light now experienced by homeowners adjacent to Lions Park should be substantially reduced by the replacement lighting. Musco's product includes a customized light spill visor and insert for each fixture to direct the lighting onto the field. Our research has found that the spill visor and insert are available from two other manufacturers; however, they are not included in the basic lighting package and would be an additional cost. Given how the Musco field lighting at Pendergast Park performs in comparison to the lights at Lions Park, Manette and Warren A venue, it would be our preference to move toward standardization to Musco light components to simplify our parts inventory and repairs. This could change overtime if other manufacturers increase their warranty and add better light spill control to their standard light components. DATE SUBMiTTED: February IS, lOOS illLL # alf - Dfo7 AGENDA BILL CITY OF BREMERTON CITY COUNCIL '='8 ........................................................................................ Nb. Sot/'f SUBJECT: Ordinance Modifying B&O Tax for Activity on Industrially Designated Port District Property Committee Meeting Date: March 12, 2008 COUNCIL MEETING Date: March~~008_ Department: Legal and Financial Services Presenter: Roger Lubovich and Laura Lyon Phone: 473-2335 & 473-5722 SUMMARY: The purpose of port districts as authorized and detined in Chapter 53.04 RCW is to attract, encourage, and develop industry and promote trade. The City has a cooperative relationship with the Port of Bremerton and approves ot~ and is mutually benefited by, the port district's development of industrial and large commercial activity. In order to foster industrial growth as part of the economic development of the City and provide opportunities for new industrial development and therefore new job opportunities and improved overall economic vitality for the benefit of citizens of the City - a tax exemption from business and occupation taxes for business activity on Port of Bremerton owned industrially designated property is proposed. A TT ACHMENTS: Ordinance and Explanatory Memo FISCAL IMPACTS (Include Budgeted Amount): No expenditure or loss of current revenue occurs from passage of this ordinance. However, there is an opportunity cost of foregoing possible future tax revenues that may (or may not) have been due the City under the B&O tax code as currently enacted. APPROVALS: DEPARTMENT DIRECTO~ CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT: ~#y< CONSENT AGENDA D GENERAL BUSINESS ~ PUBLIC HEARING D RECOMMENDED MOTION: Move to approve Ordinance No. ~1_ amending certain sections of Chapter 3.48 of the Bremerton Municipal Code relating to Business and" Occupation Taxes for business activity on industrially designated port district owned property. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action m'.'....c..j;! ~;; .~ ~;! t i,.1 , ~'t , - , ,', .. ~ .. ' .,- - ..,;:::! '.i~j~f':~~!61~~/~~i,;.~~!1 ,:::i},,~':~~.'f;:y"": Memorandum To: City Council Mayor Cary Bozeman From: Roger Lubovich, City Attorney ;/, / ~ ~-== Laura Lyon, Director of Financial Services If I' - -..::~,~~- Re: Ordinance Modifying B&O Tax for Activity on Industrially Designated Port District Property Date: February 15, 2008 The purpose of port districts as authorized and defined in Chapter 53.04 RCW is to attract, encourage, and develop industry and promote trade. The Port of Bremerton is a port district that operates within the City as well as in other areas throughout Kitsap County - including unincorporated areas that are designated as Urban Growth Areas (UGAs) by the County and may at some future time be annexed and incorporated into the City of Bremerton. The City has a cooperative relationship with the Port of Bremerton and approves of, and is mutually benefited by, the port district's development of industrial and large commercial activity. In order to foster industrial growth as part of the economic development of the City - providing opportunities for new industrial development and therefore new job opportunities and improved overall economic vitality for the benefit of citizens of the City - a tax exemption from business and occupation taxes for business activity on Port of Bremerton or other port district owned industrially designated property is proposed. An ordinance amending certain sections of Chapter 3.48 of the Bremerton Municipal Code relating to B&O taxes for business activity on industrially designated port district owned property is presented for your review and approval. The proposed changes include: ~ Section 3.48.030 DEFINITIONS - adding "Port District" as defined in Chapter 53;04 RCW ~ Section 3.48.090 EXEMPTIONS - adding "Port District Business Activitv. For the purpose of the tax imposed by BMC 3.48.050(1) (a) through (g), persons engaged in business on Port District owned property located within and zoned by the City with an industrial classification ("Port Property") shall be treated in the same manner as if the Port Property were located in unincorporated Kitsap County and therefore exempt from the tax; however, the apportionment and allocation, place of delivery and the appropriate tax provisions of this chapter shall apply for business activity occurring off the Port Property but within the City, also in the same manner as if the Port Property were located in unincorporated Kitsap County." Currently, none of the Port of Bremerton owned properties within the City are zoned with an industrial classification, however, there are Port owned properties outside the City zoned industrial that would meet the proposed tax exemption criteria. If those properties were ever annexed to the City, the proposed provisions would hold the businesses located on industrial zoned port owned property to the same tax burden currently imposed on them as a business located in unincorporated Kitsap County. By enacting this tax exemption, the City will be foregoing the addition of B & 0 tax revenues from business activity conducted on any industrial port owned property annexed to the City. We will be reviewing these adjustments with the Finance Committee at the March 5,2008 meeting. The proposed amendments will then be reviewed with the full City Council on March 12th, with action requested on March 19,2008. Cc: Cathy Johnson Terry Fisher ORDINANCE NO. S-ot.f'-f AN ORDINANCE of the City Council of the City of Bremcrton, Washington, amending certain sections of Chapter 3.48 of the Bremcrton Municipal Code relating to Business and Occupation Taxes and business activity on industrially designated port district owned propcrty. and WHEREAS, the POli of Bremelion is a port district that operates within the City; WHEREAS, that the City has a cooperative relationship with the Port of Bremerton that, among other things, includes new port development in the City; and WHEREAS, the City approves of the Port's ongoing activities in its industrial development district and desires to foster intergovernmental relations; and WHEREAS, the City Council believes that continued cooperation with the Port of Bremerton wiIl result in additional opportunities to provide additional new industrial development and therefore new job opportunities for citizens of the City; and WHEREAS, a tax exemption from business and occupation taxes for business activity on Port of Bremerton owned industrial property would be consistent with the City's goals of fostering industrial growth as part of its economic development of the City; and WHEREAS, that such an exemption would contribute to the overaIl economic vitality of the City and to the improvement of the quality of life of its citizens; and WHEREAS, the City Council desires to update certain provisions of Chapter 3.48 of the Bremerton Municipal Code in order to provide an exemption from the City's business and occupation taxes for business activity on certain port district owned property; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION I. Section 3.48.030 of the Bremelion Municipal Code entitled "Definitions" relating to B&O Taxes is hereby amended to read as f()lIows: 3.48.030 DEFINITIONS. In construing the provisions of this chapter, the following detinitions shall be applied. Words in the singular number shall include the plural, and the plural shall include the singular. Business and Occupation Tlu:e,\' "Advance," "reimbursement." (I) "Advance" means money or credits received by a taxpayer fl'om a customer or client with which the taxpayer is to pay costs or fees 011 behalf of the customer or client. (2) "Reimbursement" means money or credits received tl'om a customer or client to repay the taxpayer ti.)J" money or credits expended by the taxpayer in payment of costs or fees of the customer or client. "Agricultural product" means any product of plant cultivation or animal husbandry including, but not limited to: a product of horticulture, grain cultivation, vermiculture, viticulture, or aquaculture as defined in RCW 15.83.4~W; plantation Christmas trees; turf; or any animal including but not limited to an animal that is a private sector cultured aquatic product as defined in RCW 15.83.480, or a bird, or insect, or the substances obtained fi:om such an animal. "Agi'icultural product" does not include animals intended to be pets. " Artistic or cultural organization." As used in this chapter: (1) The tenn "artistic or cultural organization" means an organization which is organized and operated exclusively for the purpose of providing artistic or cultural exhibitions, presentations, or perfonnances or cultural or art education probrrams, as defined in subsection ( 10) of this section, for viewing or attendance by the general public. (2) The organization must be a not-for-profit corporation under Chapter 24.03 RCW. (3) The organization must be managed by a governing board of not less than eight (8) individuals none of whom is a paid employee of the organization or by a corporation sole under Chapter 24.12 RCW. (4) No part of its income may be paid directly or indirectly to its members, stockholders, officers, directors, or tmstees except in the form of services rendered by the corporation in accordance with its purposes and bylaws. (5) Salary or compensation paid to its officers and executives must be only for actual services rendered, and at levels comparable to the salary or compensation oflike positions within the State. (6) Assets of the corporation must be irrevocably dedicated to the activities for which the exemption is brranted and, on the liquidation, dissolution, or abandonment by the corporation, may not inure directly or indirectly to the benefit of any member or individual except a non- profit organization, association, or corporation which also would be entitled to the exemption. (7) The corporation must be duly licensed or certified when licensing or certification is required by law or regulation. (8) The amounts received that qualify for exemption must be used for the activities for which the exemption is granted. (9) Services must be available regardless of race, color, national origin, ancestry, religion, age, sex, marital status, sexual orientation, Vietnam or disabled veteran status, or the presence of any mental or physical disability. (10) The term "artistic or cultural exhibitions, presentations, or performances or cultural or mi education programs" is limited to: (a) An exhibition or presentation of works of mi or objects of cultural or historical significance, such as those commonly displayed in ati or history museums; (b) A musical or dramatic pert<.mnance or series of pertonnances; or (c) An educational seminar or program, or series of such programs, offered by the organization to the general public on an artistic, cultural, or historical subject. 2 Business ami Occupation Taxes "Business" includes ull activities engaged in with the object of gain, bendit, or advantage to the taxpayer or to another person or class, directly or indirectly. "Business and occupation tax,"_or "gross receipts tax" means a tax imposed on or measured by the value of products, the gross income of the business, or the gross proceeds of sales, as the case may be, and that is the legal liability of the business. "Cash discount" means a deduction tJ'om the invoiced amount allL)wed by the seller if the bill is paid within a certain time period or before a specitied date. "City" means City of Bremcrton, 'vVashington. "Commercial or industrial use" means the t()llowing uses of products, including by-products, by the extractor or manufacturer thereof: ( I ) Any use as a consumer; (2) Any use in the manufacturing of products including articles, substances or commodities. "Competitive telephone service" means the providing by any person of telecommunications equipment or apparatus, or service related to that equipment or apparatus such as repair or maintenance service, if the equipment or apparatus is of a type which can be provided by persons that are not subject to regulation as telephone companies under RCW Title 80 and for which a separate charge is made. "Consumer" means the following: (I) Any person who purchases, acquires, owns, holds, or uses any tangible or intangible personal property irrespective of the nature of the person's business and including, among others, without limiting the scope hereof: persons who install, repair, clean, alter, improve, construct, or decorate real or personal property of or for a consumer other than for the purpose of: (a) Resale as tangible or intangible personal property in the regular course of business; (b) Incorporating such property as an ingredient or component of real or personal property when installing, repairing, cleaning, altering, imprinting, improving, constructing, or decorating such real or personal property of or for consumers; ( c) Incorporating such property as an ingredient or component of a new product or as a chemical used in processing a new product when the primary purpose of such chemical is to create a chemical reaction directly through contact with an ingredient of a new product; or (d) Consuming the property in producing ferrosilicon which is subsequently used in producing magnesium for sale, if the primary purpose of such propeliy is to create a chemical reaction directly through contact with an ingredient of ferrosilicon; (2) Any person engaged in any business activity taxable under BMC 3.48.050( I )(g); (3) Any person who purchases, acquires, or uses any competitive telephone service as herein defined, other than for resale in the regular course of husiness; (4) Any person who purchases, acquires, or uses any personal, business, or professional service defined as a retail sale or retail service in BMC 3.48.030 other than f()r resale in the regular course of business; (5) Any person who is an encluser of sot1warc; (6) Any person engaged in the business of "public road construction" in respect to tangible personal propeliy when that person incorporates the tangible personal property as an ingredient or component of a publicly owned street, place, road, highway, easement, right-of.. 3 Business am/ Occupation Ttcce..... way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle by installing, placing or spreading the property in or upon the right-of-way nf a publicly owned stred, place, road, highway, easement, bridge, tunnel, or trestle or in or upon the site of a publicly owned mass public transportation terminal or parking facility; (7) Any person who is an owner, lessee or has the right of possession to or an easement in real property which is being constructed, repaired, decorated, improved, or otherwise altered by a person engaged in business; (8) Any person who is an owner, lessee, or has the right of possession to personal property which is being constructed, repaired, improved, cleaned, imprinted, or otherwise altered by a person engaged in business; (9) Any person engaged in "government contracting." Any such person shall be a consumer within the meaning of this subsection in respect to tangible personal property incorporated into, installed in, or attached to such building or other stmcture by such person. Nothing contained in this or any other subsection of this section shall be constmed to modi fy any other definiti on of" consumer." "Deficiency" means the amount of tax imposed by law less any tax reported by the taxpayer on a tax return. "Delivery" means the transfer of possession of tangible personal property between the seller and the buyer or the buyer's representative. Delivery to an employee of a buyer is considered delivery to the buyer. Transfer of possession of tangible personal property occurs when the buyer or the buyer's representative first takes physical control ofthe property or exercises dominion and control over the property. Dominion and control means the buyer has the ability to put the property to the buyer's own purposes. It means the buyer or the buyer's representative has made the final decision to accept or reject the property, and the seller has no further right to possession of the property and the buyer has no right to return the property to the seller, other than under a warranty contract. A buyer does not exercise dominion and control over tangible personal property merely by arranging for shipment ofthe property from the seller to itself. A buyer's representative is a person, other than an employee of the buyer, who is authorized in writing by the buyer to receive tangible personal property and take dominion and control by making the final decision to accept or reject the property. Neither a shipping company nor a seller can serve as a buyer's representative. It is immaterial where the contract of sale is negotiated or where the buyer obtains title to the property. Delivery terms and other provisions of the Uniform Commercial Code (Title 62A RCW) do not determine when or where delivery of tangible personal property occurs for purposes of taxation. "Director" means the Director of Financial Services of the City or any officer, agent or employee of the City designated to act on the Director's behalf. "Eligible gross receipts tax" means a tax which: (I) Is imposed on the act or privilege of engaging in business activities within BMC 3.48.050; and (2) Is measured by the gross volume of business, in terms of gross receipts and is not an income tax or value added tax; and (3) Is not, pursuant to law or custom, separately stated ti'OI11 the sales price; and (4) Is not a sales or use tax, business license tee, fl-anchise fce, royalty or severance tax measured by volume or weight, or concession charge, or payment for the use and enjoyment of propeliy, property right or a privilege; and 4 Business allll Occupation Taxes (5) Is a tax imposed by a local jurisdiction, whether within or without the State of Washington, and not by a country, state, province, or any other non-local jurisdiction above the County level. "Engaging in business," "nexus." (I) The term "engaging in business" means commencing, conducting, or continuing in business, and also the exercise of corporate or tl-anchise powers, as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business. (2) This section sets forth examples of activities that constitute engaging in business in the City, and establishes safe harbors t()r celiain of those activities so that a person who meets the criteria may engage in de minimis business activities in the City without having to register and obtain a business license or pay City business and occupation taxes. The activities listed in this section are illustrative only and are not intended to nan'ow the definition of "engaging in business" in sllbsection (I) of this definition. If an activity is not listed, whether it constitutes engaging in business in the City shall be determined by considering all the facts and circumstances and applicable law. (3) Without being all inclusive, anyone of the following activities conducted within the City by a person, or its employee, agent, representative, independent contractor, broker or another acting on its behalf constitutes engaging in business and requires a person to register and obtain a business license pursuant to Chapter 5.02 BMC. (a) Ovming, renting, leasing, maintaining, or having the right to use, or using, tangible personal property, intangible personal property, or real property permanently or temporarily located in the City. (b) Owning, renting, leasing, using, or maintaining, an office, place of business, or other establishment in the City. ( c) Soliciting sales. (d) Making repairs or providing maintenance or service to real or tangible personal property, including warranty work and property maintenance. (e) Providing technical assistance or service, including quality control, product inspections, warranty work, or similar services on or in connection with tangible personal property sold by the person or on its behalf (t) Installing, constructing, or supervising installation or Gonstruction ot: real or tangible personal property. (g) Soliciting, negotiating, or approving franchise, license, or other similar agreements. (h) Collecting current or delinquent accounts. (i) Picking up and transporting tangible personal propeliy, solid waste, construction debris, or excavated materials. (j) Providing disinfecting and pest control services, employment and labor pool services, home nursing care, janitorial services, appraising, landscape architectural services, security system services, surveying, and real estate services including the listing of homes and managing real property. (k) Rendering professional services sueh as those provided by accountants, architects, attorneys, auctioneers, consultants, engineers, professional athletes, barbers, baseball clubs and other spOlis organizations, chemists, consultants, psychologists, court repOlicrs, dentists, doctors, detectives, laboratory operators, teachers, veterinarians. 5 Business ami Occupation Tlu:es (I) Meeting with customers or potential customers, even when no sales or onkrs are solicited at the meetings. (m) Training or recruiting employees, agents, representatives, independent contractors, brokers or others, domiciled or operating on a job in the City, acting on its behalf: or for customers or potential customers. (n) Investigating, resolving, or otherwise assisting in resolving customer complaints. (0) In-store stocking or manipulating products or goods, sold to and owned by a cllstomer, regardless of where sale and delivery of the goods took place. (p) Delivering goods in vehicles owned, rented, leased, used, or maintained by the person or another acting on its behalf. (q) Accepting or executing a contract with the City, ilTespective of whether goods or services are delivered within or without the City, or whether the person's office or place of business is within or without the City. (4) If a person, or its employee, agent, representative, independent contractor, broker or another acting on the person's behalf: engages in no other activities in or with the City but the following, it need not register and obtain a business license and pay tax: (a) Meeting with suppliers of goods and services as a customer. (b) Meeting with government representatives in their official capacity, other than those performing contracting or purchasing functions. (c) Attending meetings, such as board meetings, retreats, seminars, and conferences, or other meetings wherein the person does not provide training in connection with tangible personal property sold by the person or on its behalf. (d) Renting tangible or intangible property as a customer when the property is not used in the City. (e) Attending, but not participating in a "trade show" or "multiple vendor events." Persons participating at a trade show shall review the City's trade show or multiple vendor event ordinances. (t) Conducting advertising through the mail. (g) Soliciting sales by phone from a location outside the City. (5) A seller located outside the City merely delivering goods into the City by means of common carrier is not required to register and obtain a business license provided that it engages in no other business activities in the City. Such activities do not include those in subsection (4). (6) "Nexus." A person has created nexus with the City if: whether itself or by its employees, agents, representative, independent contractors, brokers or others acting on its behalf, it: (a) Is physically present in the City; (b) Endeavors to maintain a share of the market within the City; or (c) Avails itselfofthe economic benefits of the City. The City expressly intends that engaging in business include any activity sufficient to establish nexus t<)r purposes of applying the tax under the law and the constitutions of the United States and the State of Washington. NexlIs is presumed to continue as long as the taxpayer benetits from the activity that constituted the original nexus generating contact or subsequent contacts. 6 Bllsines....' and Occupation Taxes "Extracting" is the activity engaged in by an extractor and is reportable under the extracting classi tication. "Extractor" means every person who from the person's own land or from the land of another under a right or license granted by kase or contract, either directly or by contracting with others for the necessary labor or mechanical services, for sale or for commercial or industrial use, mines, quarries, takes or produces coal, oil, natural gas, ore, stone, sand, gravel, day, mineral or other natural resource product; or fells, cuts or takes timber, Christmas trees, other than plantation Christmas trees, or other natural products; or takes tish, or takes, cultivates, or raises shelltish, or other sea or inland water foods or products. "Extractor" does not include persons performing under contract the necessary labor or mechanical services for others; persons cultivating or raising tish entirely within contined rearing areas on the person's own land or on land in which the person has a present right of possession; or persons who fell, cut, or take plantation Christmas trees ti'om the person's own land or trom land in which the person has a present right of possession; or persons meeting the detinition of fam1er. "Extractor for hire" means a person who performs under contract necessary labor or mechanical services for an extractor. "Farmer" means any person engaged in the business of growing or producing, upon the person's own lands or upon the lands in which the person has a present right of possession, any agricultural product whatsoever for sale. "Farmer" does not include a person using such products as ingredients in a manufacturing process, or a person growing or producing such products for the person's own consumption. "Farmer" does not include a person selling any animal or substance obtained therefrom in connection with the person's business of operating a stockyard or a slaughter or packing house. "Farmer" does not include any person in respect to the business of taking, cultivating, or raising timber. "Gross income of the business" means the value proceeding or accruing by reason of the business activity engaged in and includes gross proceeds of sales, compensation for the rendition of services, gains realized trom trading in stocks, bonds, or other evidences of indebtedness, interest, discount, rents, royalties, fees, commissions, dividends, and other emoluments however designated, all without any deduction on account of the cost of tangible property sold, the eost of materials used, labor costs, interest, discount, delivery costs, taxes, or any other expense whatsoever paid or accmed and without any deduction on account of losses. "Gross proceeds of sales" means the value proceeding or accruing from the sale of tangible personal property or for services rendered, without any deduction on account of the cost of property sold, the cost of materials used, labor costs, interest, discount paid, delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of losses. "In this City," "within this City" includes all federal arcas lying within the corporate City limits of the City. "Janitorial services" shall mean those cleaning and care taking services ordinarily perfom1ed by commercial janitor service businesses including, but not limited to, wall and window washing, t100r cleaning and waxing, and the cleaning in place of rugs, drapes and upholstery. The term cloes not include painting. papering, repairing. furnace or septic tank cleaning, snow removal, sandblasting, or cleanup related to construction activities. "Manufacturer," "to manufacture." (I) "Manufacturer" means every person who, either directly or by contracting with others t(l!" the necessary labor or mechanical services, manufactures tiJr sale or for commercial or industrial use from the person's own materials or ingredients any products. When the owner of 7 Busille.\'s and Occupation Taxes equipmcnt or hlcilities furnishes, or sells to the customci' prior to manufacture, materials or ingt:edients equal to less than twenty (20) percent of the total value of all materials or ingredients that become a part of the tinished product, the owner ofthc equipment or facilities will be deemed to be a processor for hire and not a manufacturer. A business not located in this City that is the owner of materials or ingredients processed for it in this City by a processor for hire shall be deemed to be engaged in business as a manufacturer in this City, (2) "To manufacture" means all activities of a commercial or industrial nature wherein labor or skill is applied, by hand or machinery, to materials or ingredients so that as a result thereof a new, different or useful product is produccd tor salc or commercial or industrial use, and shall include: (a) The production of special made or custom made atiicles; (b) The production of dental appliances, devices, restorations, substitutes, or other dental laboratory products by a dental laboratory or dental technician; (c) Crushing and/or blending of rock, sand, stone, gravel, or ore; and (d) The producing of articles for sale, or for commercial or industrial use from raw materials or prepared materials by giving such materials," articles, and substances of trade or commerce new fonns, qualities, properties or combinations including, but not limited to, such activities as making, fabricating, processing, retining, mixing, slaughtering, packing, aging, curing, mild curing, preserving, canning, and the preparing and freezing oftresh fruits and vegetables. "To manufacture" shall not include the production of computer software if the computer software is delivered trom the seller to the purchaser by means other than tangible storage media, including the delivery by use of a tangible storage media where the tangible storage media is not physically transferred to the purchaser. "Manufacturing" means the activity conducted by a manufacturer and is reported under the manufacturing classi fication. "Newspaper," "magazine," "periodical" "Newspaper" means a publication offered for sale regularly at stated intervals at least once a week and printed on newsprint in tabloid or broadsheet format folded loosely together without stapling, glue, or any other binding of any kind. "Magazine" or "periodical" means any printed publication, other than a newspaper, issued and offered for sale regularly at stated intervals at least once every three (3) months, including any supplement or special edition of the publication. Any publication meeting this definition qualifies regardless of its content. "Non-profit corporation or non-profit organization" means a corporation or organization in which no part ofthe income can be distributed to its members, directors, or officers and that holds a CUITent tax exempt status as provided under Section 50 I (c )(3) of the Intcrnal Revenue Code, as hereafter amended, or is specifically exempted from the requirement to apply for its tax exempt status under Section 50 I (c)( 3) of the Internal Revenue Code, as hereafter amended. Where the term non-protit organization is used, it is meant to include a non-protit corporation. "Office," "place of business" means a tixed location or pennanent faci lity where the regular business of the person is conducted and which is either owned by the person or over which the person exercises legal dominion and control. The regular business of the person is presumed . conducted at a location: (I) Whose address the person uses as its business mailing address; (2) Containing a telephone line listed in a public telephone directory or other similar publication under the business narne; and 8 Busi/less a/ld Occupatio/l Taxes (3) Where the person holds itself out to the general public us conducting its regular business through signage or other means; and (4) Where the person is rcquired to obtain any appropriate State and local business license or registration unless they are excmpted by law from such rcquirement. A vehicle such as a pick-up, van, truck, boat or other motor vehicle is not an oftice or place of business. A post oftice box is not an office or place of business. If a person has an ottice or place of business, the person's home is not an ottice or place of business unless it meets the criteria for oftice or place of business above. If a person has no ottice or place of business, the person's home or apartment within the City will be deemed the place of business. "Person" means any individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, co-partnership, joint venture, club, company, joint stock company, business trust, municipal corporation, political subdivision of the State of Washington, corporation, limited liability company, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, non-profit, or otherwise and the United States or any instrumentality thereof "Port District" means a port district as defined in Chapter 53.04 RCW. "Precious metal bullion," "monetized bullion" means any precious metal which has been put through a process of smelting or refining, including, but not limited to, gold, silver, platinum, rhodium, and palladium, and which is in such state ot condition that its value depends upon its contents and not upon its form. For purposes of this section, "monetized bullion" means coins or other f()rms of money manufactured from gold, silver, or other metals and heretofore, now, or hereat1:er used as a medium of exchange under the laws of this State, the United States, or any foreign nation, but does not include coins or money sold to be manufactured into jewelry or works of art. "Processing for hire" means the performance of labor and mechanical services upon materials or ingredients belonging to others so that as a result a new, different or useful product is produced for sale, or commercial or industrial use. A processor for hire is any person who would be a manufacturer if that person were perfonning the labor and mechanical services upon that person's own materials or ingredients. If a person furnishes, or sells to the customer prior to manufacture, materials or ingredients equal to twenty (20) percent or more of the total value of all materials or ingredients that become a part of the finished product the person will be deemed to be a manufacturer and not a processor for hire. "Product," "By-product." "Product" means tangible personal property, including articles, substances, or commodities created, brought fOlih, extracted, or manufactured by human or mechanical e ffo Ii. "By-product" means any additional product, other than the principal or intended product, which results from extracting or manufacturing activities and which has a market value, without regard to whether or not such additional product was an expected or intended result of the extracting or manufacturing activities. "Reporting period" means: (I) A one (I) month period beginning the first day of each calendar mon~h (monthly); or (2) A three (3) month period beginning the first day of January, April, Ji.lly or Odober of each year (qumierly); or (3) A twelve (12) month period beginning the tirst day of January of each year (ill1nual). 9 Business ami Occupatio/l Taxes "Retail service" shall include the sale of or charge made for personal, business, or pro fessional services including amounts designated as interest, rents, fees, admission. and other service emoluments however designated, received by persons engaging in the tlJllowing business activities: (I) Amusement and recreation services including but not limited to g()lt~ pool, billiards, skating, bowling, swimming, bungee jumping. ski lifts and t()\VS, basketball, racquetball, handball, squash, tennis, hatting cages, day trips for sightseeing purposes, and others, when provided to consumers. Amusement and recreation services also include the provision of related facilities such as basketball courts, tennis coulis, handball coulis, swimming pools, and charges made for providing the opportunity to dance. The tenn,jamusement and recreation services" does not include instructional lessons to learn a particular activity such as tennis lessons, swimming lessons, or archery lessons; (2) Abstract, title insurance, and escrow services; (3) Credit bureau services; (4) Automobile parking and storage garage services; (5) Landscape maintenance and horticultural services but excluding (i) horticultural services provided to fanners and (ii) pruning, trimming, repairing, removing, and clearing of trecs and brush near electric transmission or distribution lines or equipmcnt, if perfonned by or at the direction of an electric utility; (6) Service charges associated with tickets to professional sporting events; and (7) The following personal services: physical fitness services, tanning salon services, tattoo parlor services, steam bath services, turkish bath services, escort services, and dating serVIces; (8) The term shall also include the renting or leasing of tangible personal property to consumers and the rental of equipment with an operator. "Retailing" means the activity of engaging in making sales at retail and is reported under the retailing classification. "Return" means any document a person is required by the City to file to satisfy or establish a tax or fee obligation that is administered or collected by the City and that has a statutorily defined due date. "Royalties" means compensation for the use of intangible property, such as copyrights, patents, licenses, franchises, trademarks, tradenames, and similar items. "Sale," "casual or isolated sale:" (1) "Sale" means any transfer of the ownership of, title to, or possession of~ property for a valuable consideration and includes any activity classified as a "sale at retail," "retail sale," or "retail service." It includes renting or leasing, conditional sale contracts, leases with option to purchase, and any contract under which possession of the propeliy is given to the purchaser but title is retained by the vendor as security for the payment of the purchase price. It also includes the furnishing of food, drink, or meals for compensation whethcr consumed upon the premises or not. (2) "Casual or isolated sale" means a sale made by a person who is not engaged in the husiness of selling the type of property involved on a routine or continuous'basis. "Sale at retail," "retail sale." (I) "Sale at retail" or "retail sale" means every sale of tangible personal property (including articles produced, fabricated, or imprinted) to all persons irrespective of the nature of their business and including, among others, without limiting the scope hereof: persons who 10 Business amI Occupation Taxes install, repair, dean, alter, improve, construct, or decorate reLll or personal property of or fIx consumers, other than a sale to a person who presents a resale cel1ificate under RCW 82.04.470 and \"ho: (a) Purchases for the purpose of resale as tangible personal property in the regular course of business without intervening use by such person; or (b) Installs, repairs, cleans, alters, imprints, improves, constructs, or decorates real or personal property of or fl)r consumers, if such tangible personal propel1y becomes an in!,'Tedient or component of such real or personal property without intervening use by such person; or (c) Purchases for the purpose of consuming the property purchased in producing for sale a new m1icle of tangible personal property or substance, of which such propeliy becomes an in!,rredient or component or is a chemical used in processing, when the primary purpose of such chemical is to create a chemical reaction directly through contact with an ingredient of a new article being produced for sale; or (d) Purchases for the purpose of consuming the property purchased in producing ferrosilicon which is subsequently used in producing magnesium for sale, if the primary purpose of such property is to create a chemical reaction directly through contact with an in!,rredient of ferrosilicon; or ( e) Purchases for the purpose of providing the property to consumers as part of competitive telephone service, as defined in RCW 82.04.065. The term shall include every sale of tangible personal property which is used or consumed or to be used or consumed in the performance of any activity classified as a "sale at retail" or "retail sale" even though such property is resold or utilized as provided in subsections (1)( a), (b), (c), (d), or ( e) of this definition following such use; or . (f) Purchases for the purpose of satisfying the person's obligations under an extended warranty as defined in subsection (8) of this section, if such tangible personal property replaces or becomes an ingredient or component of property covered by the extended warranty without intervening use by such person. (2) "Sale at retail" or "retail sale" also means every sale of tangible personal property to persons engaged in any business activity which is taxable under BMC 3.48.050(1)(g). . (3) "Sale at retail" or "retail sale" shall include the sale of or charge made for tangible personal property consumed and/or for labor and services rendered in respect to the following: (a) The installing, repairing, cleaning, altering, imprinting, or improving of tangible personal propeliy of or for consumers, including charges made for the mere use of facilities in respect thereto, but excluding charges made for the use of coin-operated laundry facilities when such facilities are situated in an apartment house, rooming house, or mobile home park tor the exclusive use of the tenants thereof: and also excluding sales ofIaundry service to non-profit health care facilities, and excluding services rendered in respect to live animals, birds and insects; (b) The constructing, repairing, decorating, or improving of new or existing buildings or other structures under. upon, or above real property of or for consumers, including the installing or attaching of any m1icle of tangible personal property therein ur thereto, whether or not such personal propeliy becomes a part of the realty by virtue of installation, and shall also include the sale of services or charges made for the clearing of land and the moving of em1h excepting the mere leveling ofIand used in commercial farming or agriculture; 11 Business and Occupation Ta..t:e!,; (c) The charge for labor and services rendered in respect to constructing, repairing, or improving any structure upon, above, or under any real property owned by an owner who conveys the propeliy by title, possession, or any other means to the person pertl.mning such construction, repair, or improvement for the purpose of performing such construction, repair, or improvement and the property is then reconveyed by title, possession, or any other means to the original owner; (d) The sale of or charge made for labor and services rendered in respect to the cleaning, fumigating, razing or moving of existing buildings or structures, but shall not include the charge made fl.)!" janitorial services, which is taxed as a service in this chapter; (e) The sale of or charge made fl.)r labor and services rendered in respect to automobile towing and similar automotive transportation services, but not in respect to those required to repOli and pay taxes under Chapter 82.16 RCW; (f) The sale of and charge made for the furnishing of lodging and all other services, except telephone business and cable service, by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real propeliy, and it shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or enjoy the same. For the purposes of this subsection, it shall be presumed that the sale of and charge made for the furnishing oflodging for a continuous period of one month or more to a person is a rental or lease of real property and not a mere license to enjoy the same; (g) The sale of or charge made for tangible personal property, labor and services to persons taxable under subsections (3)(a), (b), (c), (d), (e), and (t) of this definition when such sales or charges are for property, labor and services which are used or consumed in whole or in part by such persons in the performance of any activity defined as a "sale at retail" or "retail sale" even though such property, labor and services may be resold after such use or consumption. Nothing contained in this subsection shall be construed to modify subsection (I) of this definition and nothing contained in subsection (1) of this definition shall be construed to modify this subsection. (4) "Sale at retail" or "retail sale" shall also include the providing of competitive telephone service to consumers. (5) "Sale at retail" or "retail sale" shall also include the sale of canned software other than a sale to a person who presents a resale certificate under RCW 82.04.470, regardless of the method of delivery to the end user, but shall not include custom software or the customization of canned software. (6) "Sale at retail" or "retail sale" shall also include the sale of or charge made for labor and services rendered in respect to the building, repairing, or improving of any street, place, road, highway, easement, right of way, mass public transportation tern1inal or parking t~lcility, bridge, tunnel, or trestle which is owned by a municipal corporation or political subdivision of the state, the State of Washington, or by the United States and which is used or to be used primarily t()J" foot or vehicular traftic including mass transportation vehicles of any kind. (Public road construction). . (7) "Sale at retail" or "retail sale" shall also include the sale of or charge made for labor and services rendered in respect to the constructing, repairing, decorating, or improving of new or existing buildings or other structures under, upon, or above real property of or for the United States, any instrumentality thercoC or a county or city housing authority created pursuant 12 Busines....' ami Occupation Tax:es to chapter 35.82 RCW, including the installing, or attaching of any article of tangible personal propeliy therein or thereto, whether or not such personal property becomes a part of the realty by viliue of installation (government contracting). (8) "Sale at retail" or "retail sale" shall also include the sale of or charge made for an extended warranty to a consumer. For purposes of this subsection, "extended warranty" means an agreement for a specified duration to perform the replacement or repair of tangible personal property at no additional charge or a reduced charge for tangible personal property, labor, or both, or to provide indemnification for the replacement or repair of tangible personal property, based on the occurrence of specified events. The term "extended WatTanty" does not include an agreement, otherwise meeting the definition of extended warranty in this subsection, if no separate charge is made for the agreement and the value of the agreement is included in the sales price of the tangible personal property covered by the agreement. (9) "Sale at retail" or "retail sale" shall not include the sale of services or charges made for the clearing of land and the moving of earth of or for the United States, any instrumentality thereof, or a county or city housing authority. Nor shall the tenn include the sale of services or charges made for cleaning up for the United States, or its instrumentalities, radioactive waste and other by-products of weapons production and nuclear research and development. (This is reported under the service or other classification.). (10) "Sale at retail" or "retail sale" shall not include the sale of or charge made for labor and services rendered for environmental remedial action. (This is reported under the service and other classification.) "Sale at wholesale," "wholesale sale" means any sale of tangible personal property which is not a retail sale, and any charge made for labor and services rendered for persons who are not consumers, in respect to real or personal property, if such charge is expressly defined as a retail sale when rendered to or for consumers. Sale at wholesale also includes the sale oftelephone business to another telecommunications company as defined in RCW 80.04.010 for the purpose of resale, as contemplated by RCW 35.21.715. "Services" means any business activity other than or in addition to those defined in this section. "Software," "canned software," "custom software," "customization of canned software," "master copies," "retained rights." (1) "Canned software" means software that is created for sale to more than one (1) person. For purposes of this chapter, canned software is deemed to be tangible personal property regardless of the method of delivery-tangible media (e.g., disk or installed on hardware) or intangible (e.g., electronically over telecommunications paths). (2) "Custom software" means software created for a single person. (3) "Customization of canned software" means any alteration, modification, or development of applications using or incorporating canned software to specific individualized requirements of a single person. Customization of canned software includes individualized configuration of software to work with other software and computer hardware but does not include routine installation. Customization of canned software does not change the underlying character or taxability of the original canned software. (4) "Master copies" of software means copies of software tl'om which a sothvare developer, author, inventor, publisher, licensor, sublicensor, or distributor makes copies for sale or license. The software encoded on a master copy and the media upon which the software resides are both ingredients of the master copy. 13 Business ami Occupation Taxes (5) "Retaincd rights" means any and all rights. including intellectual propeliy rights such as those rights arising fi:om copyrights, patents, and trade secret laws, that are owned or are held under contract or license by a software developer, author. inventor, publisher, licensor, sublicensor, or distributor. (6) "Sothvare" means any intlmnation, program, or routine, or any set of one ( I ) or more programs, routines, or collections of information used, or intended tor use, to convey intl.1nlHltion that causes one (I) or more computers or pieces of computer-related peripheral equipment, or any combination thereot: to pertl.mn a task or set of tasks. "Software" includes the associated documentation, materials, or ingredients regardless of the media upon which that documcntation is provided, that describes the code and its use, operation, and maintenance and that typically is delivered with the code to the consumer. All software is classified as either canned or custom. "Successor" means any person to whom a taxpayer quitting, selling out, exchanging, or disposing of a business sells or otherwise conveys, directly or indirectly, in bulk and not in the ordinary course of the taxpayer's business, any part of the materials, supplies, merchandise, inventory, fixtures, or equipment ofthe taxpayer. Any person obligated to fulfill the terms of a contract shall be deemed a successor to any contractor defaulting in the perfonnance of any contract as to which such person is a surety or guarantor. "Tax year," "taxable year" means the calendar year. "Taxpayer" means any person, as herein defined, required to have a business license under this chapter or liable for the collection of any tax or fee under this chapter, or who engages in any business or who perfonns any act for which a tax or fee is imposed by this chapter. "Tuition fee" includes library, laboratory, health service and other special fees, and amounts charged for room and board by an educational institution when the property or service for which such charges are made is furnished exclusively to the students or faculty of such institution. "Educational institution," as used in this section, means only those institutions created or generally accredited as such by the State and includes educational programs that such educational institution cosponsors with a non-profit organization, as defined by the Internal. Revenue Code Section 50 I (c)(3),as hereafter amended, ifsuch educational institution grants college credit for course work successfully completed through the educational program, or an approved branch campus of a foreign de!,1fee-granting institution in compliance with Chapter 288.90 RCW, and in accordance with RCW 82.04.4332 or defined as a degree-granting institution under RCW 288.85.010(3) and accredited by an accrediting association recognized by the United States Secretary of Education, and offering to students an educational program of a general academic nature or those institutions which are not operated for profit and which are privately endowed under a deed of trust to offer instruction in trade, industry, and agriculture, but not including specialty schools, business colleges, other trade schools, or similar institutions. "Value of products." ( 1 ) The value of products, including by-products, extracted or manufactured, shall be detennined by the gross proceeds derived from the sale thereof whether such sale is at wholesale or at rdaiL to which shall he added all subsidies and bonuses received from the purchaser or ti-om any other person with respect td thc extraction, manubcture, or sale of such products or by- products by the seller. (2) Where such products, including by-products, are extracted or manufactured tl.)r commerdal or industrial use; and whei"c such products, including by-products, are shipped, transpOlicd or transtCrred out ofthc City, or to another person, without prior sale 'or are sold 14 Business and Occupation Taxes under circumstances such that the gross proceeds ti'nm the sale are not indicative of the true value of the subject matter of the sale; the value shall correspond as nearly as possible to the gross proceeds thm1 sales in this State of similar products of like quality and character, and in similar quantities by other taxpayers, plus the amount of subsidies or bonuses ordinarily payable by the purchaser or by any third person with respect to the extraction, manufacture, or sale of such products. In the absence of sales of similar products as a guide to value, such value may be dctem1ined upon a cost basis. In such cases, there shall be included every item of cost attributable to the particular article or aliicle extracted or manufactured, including direct and indirect overhead costs. The Director may prescribe rules for the purpose of ascertaining such values. (3) Notwithstanding subsection (2) of this definition, the value of a product manufactured or produced for purposes of serving as a Prototjl)e for the development of a new or improved product shall correspond to (a) the retail selling price of such new or improved product when first offered for sale; or (b) the value of materials incorporated into the prototype in cases which the new or improved product is not offered for sale. "Value proceeding or accruing If means the consideration, whether money, credits, rights, or other property expressed in tem1S of money, a person is entitled to receive or which is actually received or accrued. The term shall be applied, in each case, on a cash receipts or accrual basis according to which method of accounting is regularly employed in keeping the books ofthe taxpayer. "Wholesaling" means engaging in the activity of making sales at wholesale, and is repolied under the wholesaling classification. SECTION 2. Section 3.48.090 of the Bremerton Municipal Code entitled "Exemptions" relating to B&O Taxes is hereby amended to read as follows: 3.48.090 EXEMPTIONS. (1) Nonprofit Corporations or Nonprofit Organizations. This section shall not apply to nonprofit organizations exempt from federal income tax under Section 501(c)(3) of the lntemal Revenue Code, as hereafter amended, except with respect to retail sales of such persons. (2) Health Maintenance Organization, Health Care Service Contractor, Certified Health Plan. Beginning on January 1,2000, this chapter does not apply to any health maintenance organization, health care service contractor, or certified health plan in respect to premiums or prepayments that are taxable under RCW 48.14.0201. (3) Public Utilities. This chapter shall not apply to any person in respect to a business activity with respect to which tax liability is specifically imposed under the provisions of Chapter 3.50 BMC. (4) Investments - Dividends from Subsidiary Corporations. This chapter shall not apply to amounts derived by persons, other than those engaging in banking, loan, security, or other financial businesses, from investments or the use of money as such, and also amounts derived as dividends hy a parent from its suhsidiary corporations. (5) International Banking Facilities. This chapter shall not apply to the gross receipts of.an international banking facility. As used in this subsection, an "international banking facility" means a facility represented by a set of asset and liability accounts segregated on the books and records of a commercial bank, the principal oftice of which is located in this state, and which is incorporated and doing husiness under the laws of the United States or of this state, a United 15 Business ami Occupation Taxes States branch or agency of a tlxeign bank, an Edge corporation organized under Section 25(a) of the Federal Reservc Act, 12 United States Codc (j I 1-631, or an agreement cOlvoration having an agreement or undertaking with the Board 0 f Governors 0 f the Federal Reserve System under Section 25 of the Federal Reserve Act, 12 United States Code 601-604(a), that includes only international banking t~H:ility time deposits (as ddined in subsection (a)(2) of Section 204.8 of Regulation D (12 CFR Pat12(4), as promulgated by the Board of Governors of the Federal Reserve System), and international banking facility extensions of credit (as defined in subsection (a)(3) of Section 204.8 of Regulation D). (6) Insurance Business. This chapter shall not apply to amounts received by any person or agent who is an insurer upon which a tax bascd on gross premiums is paid to the state pursuant to RCW 48.14.020; provided, that the provisions of this subsection shall not excmpt any person engaging in the business of insurance as a broker as detined in RCW 48.17.020 or as a solicitor as defined in RCW 48.17.030; and provided further, that the provisions ofthis subsection shall not exempt any bonding company from tax with respect to gross income derived from the completion of any contract as to which it is a surety, or as to any liability as successor to the liability of the defaulting contractor. (7) Fam1crs - Agriculture. This chapter shall not apply to any fanner in respect to amounts received from selling fruits, vegetables, berries, butter, eggs, fish, milk, poultry, meats or any other agricultural product that is raised, caught, produced, or manufactured by such persons. (8) Athletic Exhibitions. This chapter shall not apply to any person in respect to the business of conducting boxing contests and sparring or wrestling matches and exhibitions for the conduct of which a license must be secured from the State Boxing Commission. (9) Racing. This chapter shall not apply to any person in respect to the business of conducting race meets for the conduct of which a license must be secured trom the Washington State Horse Racing Commission. (10) Ride Sharing. This chapter does not apply to any funds received in the course of commuter ride sharing or ride sharing tor persons with special transportation needs in accordance with RCW 46.74.010. (II) Employees. This chapter shall not apply to: (a) Any person in respect to the person's employment in the capacity as an employee or servant as distinguished from that of an independent contractor. For the purposes of this subsection, the definition of employee shall include those persons that are defined in the Internal Revenue Code, as hereafter amended. (b) A booth renter, as defined by RCW 18.16.020, is an independent contractor for purposes of this chapter. (12) Amounts Derived from Sale of Real Estate. This chapter shall not apply to gross proceeds derived from the sale ofreal estate. This, however, shall not be construed to allow an exemption of amounts received as commissions trom the sale of real estate, nor as fees, handling charges, discounts, interest or similar tinancial charges resulting from, or relating to, real estate transactions. This chapter shall also not apply to amounts received tor the rental of real estate if the rental income is derived from a contract to rent for a continuous period of thirty (30) days or longer. ( 13) Mortgage Brokers' Third-Pm1y Provider Services Trust Accounts. This chapter shall not apply to amounts received from trust accounts to m0l1gage brokers for the payment of 16 Bw.dlle....'s alld Occupation Taxe."" third-party costs iftht: accounts arc opci-atcd in a manncr consistent with RCW 19.146.050 and any rules adopted by the director of tinancial institutions. (I4) Amounts Derived tl'om Manufacturing, Selling or Distributing Motor V chicle Fuel. This chapter shall not apply to the manufacturing, selling, or distributing motor vehicle fuel, as the term "motor vehicle fuel" is ddined in RCW 82.36.010 and exempt under RCW 82,36.440; provided, that any fuel not subjected to thc State fuel excise tax, or any othcr applicable deduction or excmption, will be taxable under this chapter. (IS) Amounts Derived from Liquor, and the Sail: or Distribution of Liquor. This chapter shall not apply to liquor as defined in RCW 66.04.010 and exempt in RCW 66.08.120. (16) Casual and Isolated Sales. This chapter shall not apply to the ,gross proceeds derived from casual or isolated sales. (17) Accommodation Sales. This chapter shall not apply to sales for resale by persons regularly engaged in the business of making retail sales of the type of property so sold to other persons similarly engaged in the business of selling such property where (a) the amount paid by the buyer does not exceed the amount paid by the seller to the vendor in the acquisition of the article; and (b) the sale is made as an accommodation to the buyer to enable the buyer to fill a bona fide existing order of a customer or is made within fourteen (14) days to reimburse in kind a previous accommodation sale by the buyer to the seller. (18) Taxes Collected as Trust Funds. This chapter shall not apply to amounts collected by the taxpayer from third parties to satisfy third-party obligations to pay taxes such as the retail sales tax, use tax, and admission tax. (19) Port District Business Activity. For the purpose of the tax imposed by BMC 3.48.050(1) (a) through (g), persons engaged in business on Port District owned property located within and zoned by the City with an industrial classification ("Port Property") shall be treated in the same manner as if the Port Property were located in unincorporated Kitsap Countv and therefore exempt from the tax; however, the apportionment and allocation, place of delivery and the appropriate tax provisions of this chapter shall applv for business activitv occurring off the Port Property but within the City, also in the same manner as if the Port Property were located in unincorporated Kitsap County. (+-920) Three (3) Year Exemption for Annexed Businesses. This chapter shall not apply to any person with respect to it business activity conducted in an area that has become part of the City by annexation; provided, however, that the business premises of such person be located in the said area on the date of annexation; and provided further, that the exemption provided herein shall cease at the expiration of twelve (12) full calendar quarters following the date of such annexation. SECTION 3. Severabilitv. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity ofthe remaining portion of this ordinance and the same shall remain in full tl.HTe and effect. SECTION 4. 1:'tl{'Ctive Date. This ordinance shall take effect and be in force ten ( I 0) days from and aHer its passage, approval and publication as provided by law. PASSED by the City Council the.______~__ day of , 2008 17 Busine.....s and Occupation Ta:res WILL MAUPIN, Council President Approved this ____ day of _________________________, 2008 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of EFFECTIVE the___________ day of ORDINANCE NO. ,2008 ,2008 R:\Lcgal\Lcgal\Ordinances\Finance\2008 BMC 3.48 Update (B&O Taxes).doc 18 Bw.,.;ne.....s and Occupation Taxes \ S K'I A -U"-~ G,o"-A & :~:,~ > :~. ~:~~f,F,f' . - Jf?l' '(;~,' :\ f':;;::f: :,: F.i:~~;~~.:.;,,~;;.,'j;! . ;",~.:: .' I::'.' .~i;.?e::~~~r-'~, ~;~ ""'~: (,...j.;, . I'~:" .,' ::.:);. ,;;) ::.". <{.~!':"~,;,:.:.",. .I:~~;i c.":, ." ,':;. . ;.- Port of B!emerton Propertle~ 1~2>:"'~:^';y;,;" ;,,~{rf~~,~;{; . [;;{, I~;>:j:~'~i:': ~::).~ n~ "". ,;;." .',.;:~' r..,~::.;~.:./ ;::-:~::h,.' ..~> ~~t :i" ;>~:.' ~tc :::~:: .>:"~...;':: ::; .,' ... .~.~~. ,< ',";<.; to' \:.:~~:;.~, \i.; . 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