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.; . I.t ~.;,:~c :l/!;>' , . .;. . ;:~:r~", ':.>:~"~, ~'.:,/)" n C"" :(<"':c~.,:t~, -,,~;:~:: > ,,:1 '.'. ,;, , .t
'L,jr~,;:,' .'>;~C:i:; ':1;.~, > i'~",:.i :t:.... :-}{t,~;:;..::;:- ;:"';ij~r:: >.'.:\::.~:,i\:';>{~t, i~;~~,;.?;,.:t i~,U; ';,[';)..:.\/: '. :.-:~~
'.': ,:~':~'?'::' ':.;,.:~",.,;: .,. ';t.. ;; ..;:~t''):'tif~::::;.:,H', ',: . ,.:,:,> _<~.:~};:;>.;'.}" :,::;...;:.-;,,,:/./....:'1:::,::. ,'..
,':,. ~/,,~ :,'..' "'c<' .<,';'L { , ~:~.;,,;:2: ..... : .:t:i~: ':1~:;C :{" ,:.I'i~(,;.. i,', ,.~i,<.;;;.\i'~./:~;t.;.l" ;;," '~h ~~:"'" :'):;:':'''';';''';;:,i.'~'
'</.' ~,. ::"s:,,:'-' "', ;.,~'.:'"' '-':< . . '.'....:.~': ~ ::r~".:':.. :':/A::. I' :'~,:';<:'-}"':'~' ::~'
.~ f. _. 'f";:.f' "~~~~/' <;, ;j;i.~;.~>?i:':\""~ i/",." , '.' .~: ;>,::1 i'J'.:. j~~'::~d't..~~:':{:"" ..'::t,,:<,-..
:,,~. .,' . ;},:~.<: .,:,'.',,<.7 - '.~'. if;}, . ..;.:;,.;;'";,'f'Y '. _. ~,,;. \:. ",
I ":t:J(.<,.,.;......r.r';~",f:t~':;'~.:;,;i);:.;,.' .,~\,,;:! .~:'.:~, ,"., : ,J': -;.? ;~; 7::'.'" ~ ". ""~f: .<. ";.
. ..<:...~'. i4:,'''" :"'.J~X:do';~,/~.:.." ""~;;'~,: >.... ~''';''... ,':,..C;,". :..
<, ,;:./'0:;;:.: ',>';~~~~~t~,~;:::,?",;'^;",~";;"'?.;.~:F\'C:.' .,'. '>,.~:~!~;~S:~~:.' " .;;;. : ',,~B'E~ ' . . . I~
,.:; ..:;~~\~:~y;\,~'.:),~ :1:: ,- ::1, H~r:?;..,;.."~,: ':'. \'.; ..'\~6?~~Jk.<.:':,. ';~ ~ '.;';" ,. :':"~';:
,...'," .~ -' "f, '1.', J- .,.~ I" '. '.:. "'; . " 'zY~, ';; . ...,:..,':'. . '
:>";1111,', , . ." ;, 'I.':.l >.;~,:..,~. ' '-..::;:-:::;...-"~"'~:';,.;' "? '- :::
~ t=....Jf:...'. ,.;' ,,;,:c-:,rr;;,< .~..,. .'.... ::;.~., '. .. . ~
I"'~ >" '~:::;.;,i.~. '> .\~ "'. "~""~ .' . U:i
'- j~ ,.'~"; ';. ~~~t:~ ".' ,<'.':: ;_..~.:./:,f;l~{y;S2<'~#~!":~... ~
- ~ 0:::; J ~ ,::J;:.:",:, ;.', ::;..,;:/~..;.t~:,~, <~.;.;i~V :''''',;'i'J~' -,~
~ ~ ....,t ~ . ~.,fJ#;" '~f~EJfe';'~rtij~{:t< I ~ J : : . ~"-- ., _ ~
--.L:;U , !~~ :;/:: '~~!~~"i'-" "-'." '; .",. ~-"<. ./ ~ ~~- ~~
r~ ;;/~ ~~.... .. ~3~)':)~':/:j:...;'.i/' :. ~: .:....~<.... ';J:ef:';~'.:~~' ~,~ ~ .;:' I ~
L: ~~.~ [.I't"< .:~:i:~~,.~At~:....\',>.;~~~;t~<:,;.:~~ =-~':dI~:')
I I I 17 r-a. h ';;'<}":'\;.~' ~';:"..,.~' ." .1;~,,'."A:~~;''r,'' ~ r- ~
l' ~ r ~ ,;~ ;:~:~:~:i,{~;T<: \~~i;:.:.~~>~~;: ',"<i i"/:' ~i;)'J . pjJf!i1 U 1'\/\,
r~l ;I...~t,;:~!.,:.(.:~~ -;. .:~,,,;'Zl~) .~~. ~1) If ~ ~~vV/ tt:
. '.'d., ",;/ Gn . .If" l' ~ '--
~~ 'riva e I I T
~Jpe;ies/ I .\1 ~ /1
~.~
~~
I /
VI...-. V --- ""
pfr,/ n
jP 1 I
I ^
~,
:[)~~~
~ P"v.-8'fe ProcertPes
\....
'It
7
i--
V -H~
f f7. II IJ J---,::.
1.....7 ;~
~ V
T
T~~
'",
T
I
WI
m f--
~
~ -
IS
~
ua
~
~~~
ULlO #~
. .~
f-- ~
'--
I -
-
::=
I
1
v
/"
~~
/
./
r----..
.--
'b.:~""'~
'} "~fP~
I .~~~ ~
I F/
r'I!~4 T-
l2
~/
=
Ir
I--
t\1
N
.CI I II
I Miles I'-
'-
-"
I
I ,
n
~.~ I "- r IT
I
I