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HomeMy WebLinkAbout10/17/2012 AGENDA coon o0 o' O CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 OCTOBER 17, 2012 CITY COUNCIL MEETING AGENDA 1 BRIEFING 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 PUBLIC RECOGNITION 4 MAYOR'S REPORT 5 CONSENT AGENDA A Claims & Check Register B Minutes of Meeting — October 3, 2012 C Minutes of Study Session — October 10, 2012 D Reappointment of Linda Streissguth to the Bremerton Housing Authority Board of Commissioners E Appointment of Charles (Tony) Clements to the Resident Commissioner Position on the Bremerton Housing Authority Board of Commissioners F Interlocal Agreement with Kitsap County relating to the provision of Juvenile Detention Facilities G Extension of Janitorial Services Contracts for 1 -year with A -1 Performance, Inc H Extension of Goods & Services Agreement for 1 -year for the monitoring and maintenance of Fire /Security Alarm Systems and Fire Suppression Systems with Fire One, Inc I Interlocal Agreement with Kitsap Transit for Signal System Upgrades to the signal pre- emption system 6 GENERAL BUSINESS A Resolution No 3182 to establish a Parks & Recreation Funding Citizen Task Force B Ordinance No 5194 amending Section 2 03 10 of the Bremerton Municipal Code relating to the Mayor's compensation C Amending Section 3 48 050 "Imposition of the Tax - Tax or Fee Levied" of the Bremerton Municipal Code (BMC) relating to the Business & Occupation (B & O) Tax — Ordinance No 5195 (to raise the exemption of revenue subject to B & O), and Ordinance No 5196 (to exempt the manufacturing classification from B & O taxes) 7 COUNCIL MEMBER REPORTS 8 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ® Amencans with Disabilities Act (ADA) accommodations provided upon request Those requinng special accommodations please contact the City Clerk at (360) 473 -5323 by noon on the day preceding the Meeting BREMERTON CITY COUNCIL MEETING SPEAKERS LIST "Now that the Election Season is here, please be aware that per the Bremerton City Council Rules & Procedures, discussion of ballot issues is prohibited after the issue has qualified for the ballot; and all announcements or advertising concerning candidates is also prohibited... " PLEASE PRINT YOUR NAME BELOW IF YOU WISH YOUR COMMENTS TO BE INCLUDED IN THE RECORD 0how, F Cdr � "ee- aj- < pu C — �ZI 6 0eli-je - S�LPv rn 66r-L� --- por��I r i 13 a- o REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU I - AGENDA BILL 5A CITY OF BREMERTON CITY COUNCIL ......................................................... ............................... SUBJECT: Claims & Check Register Study Session Date COUNCIL MEETING Date October 17, 2012 Department Financial Services Presenter Cathy Johnson Phone 473 -5296 SUMMARY: Consent Agenda item Approval of checks and electronic fund transfers ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount) APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: 1) Check #'s 350424 through 350654 and EFT's 12232 through 12271 in the amount of $2,253,583 90 STUDY SESSION ACTION: ®C sent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: PRESIDENT en Table Continue N A y D ❑ ❑ o Action Form Updated 1/4112 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■■ aaaaaaaaaaaaaaaaaaaaaaaaaaa aaaaaaaaaaaaaaaaaaaaaaasaaaaaaaaaaaaaaaaaaaaaaaaaaaaa aaaaa SUBJECT: City Council Minutes for COUNCIL MEETING Date: Ocja�P I - 7, a I ;L- 0c+o SPX' - 3 I Department City Council i Presenter Jim McDonald Council President Phone. - (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) N/A APPROVALS: N/A RECOMMENDED MOTION: Move to approve the Consent Agenda as presented STUDY SESSION ACTION: N ConsentAgenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT: r� COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4118/2011 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, October 3, 2012 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, October 3, 2012, at 5 00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Jim McDonald presiding Council Members present were Nick Wofford, Eric Younger, Faye Flemister, Greg Wheeler, Roy Runyon, Adam Brockus, and Leslie Daugs Council Member Carol Arends was absent Also present were City Attorney Roger Lubovich, City Clerk Shannon Corin, and Legislative Assistant Lori Smith A COUNCIL BRIEFING was held to discuss General Council Business at 5 00 PM in the Council Conference Room At 5 30 PM the meeting moved to the Meeting Chambers The Pledge of Allegiance was led by Council Member Leslie Daugs followed by the invocation provided by Pastor Eric Roberts of New Life Assembly PUBLIC RECOGNITION Todd Best thanked everyone who was able to attend the "Dedication Ceremony for the Tomb of the Unknown Soldie►" that was held on Saturday, September 29 at Ivy Green Cemetery, and also was pleased to be a part of an event that served complimentary steak dinners to Bremerton Police Officers to thank them for their service, but was disheartened to see no administrative members from the Police Department attend Mike Walton Marketing Director of the Kitsap Family YMCA, reported on the activities and upcoming events at the "Y ", including the ribbon cutting for the grand reopening on Monday, October 15 at 8 00 AM, and cautioned that the pool would be closed for maintenance work at the end of the month but Bremerton members would be allowed use of the pool at the Silverdale "Y" Vern LaPrath thanked Todd Best for his work on the Tomb of the Unknown Soldier and for organizing the dedication ceremony, and also submitted a bid for $2,000 to install speed humps on Hanford Avenue, which would save the City $13,000 Susan Daniel Kitsap County Historical Society Museum, announced that an Egg Decorating Workshop with artist Olseksandra Pryveda would be held on Saturday, October 13 from 10 00 AM to Noon and from 100 to 3 00 PM She also announced that as part of First Friday Artwalk, a new exhibit "Vote— Making Kitsap Voices Counf' will open at 6 00 PM Colleen Schmidt referred to an article about two pedestrians hit in the intersection at 6` & Naval which concerned her because she has long been proposing that the City improve the cross -walk markings at intersections, especially for school children Chal Martin apologized because he agreed that the crosswalks are bad, and said his department is working on it Robert Parker agreed with Ms Schmidt regarding the poor conditions of the crosswalks, and added his concern that the City needs to help more to alleviate the graffiti problem MAYOR'S REPORT • On behalf of Mayor Lent, President McDonald read the proclamation to proclaim the Month of October 2012 as "Community Planning Month" Andrea Spencer Director of Community Development, and Greg Jose Chair of the Bremerton Planning Commission accepted the proclamation, and thanked the other members of the Planning Commission for volunteering their time to address important planning issues, and announced that the next City Council Reg Mtg Minutes Wednesday, October 3, 2012 Page 2 of 5 two Planning Commission Meetings were moved from their regular scheduled day on the last Tuesday of the month to Tuesday, October 9 and Tuesday, November 13. • On behalf of Mayor Lent, Council Member Fave Flemister read the proclamation to proclaim October 6, 2012 as "Worldwide Day of Play" CONSENT AGENDA 5A Check Numbers 350218 through 350423, and EFT -12183 through EFT -12231 in the amount of $2,296,547.48, Regular Payroll for the pay period ending September 30, 2012 in the amount of $672,904 25, and Retiree Payroll for the pay period ending September 30, 2012 in the amount of $63,184 07 5B. Minutes of Meeting — September 19, 2012 5C Minutes of Study Session — September 26, 2012 5D Purchase of three (3) Life -Pak Cardiac Monitor /Defibrillators from Physio- Control, Inc 5E GhevFeFI PFepe#y Moved to Item 7B under General Business 05:56:10 M /S /C /U (Wofford /Runyon) Move to approve the CONSENT AGENDA as presented PUBLIC HEARING 6A — RESOLUTION NO. 3180 APPROVING THE AMENDED SHORELINE MASTER PROGRAM TO WASHINGTON STATE DEPARTMENT OF ECOLOGY Nicole Floyd Community Development, emphasized that the proposed resolution recommends approval of the updated Shoreline Master Program (SMP) to the Department of Ecology (DOE) who will review the document for consistency with State guidelines Once DOE has finished their review, the City Council will have the opportunity to respond to any recommended modifications and adopt the Shoreline Master Program as an ordinance It is not until both the City and DOE approve the Shoreline Master Program that it will go into effect President McDonald opened the public hearing for comments Comments from the public to express concerns about the SMP were received by Alan R. Beam (also submitted written comments), William M. Palmer of WM Palmer Consultants in Planning in Design spoke on behalf of the Kitsap Association of Realtors (also submitted written comments), and Russ Porterfield Comments from the public to express support for the SMP were received by John Larson (member of the citizen panel to review the submitted SMP), Greg Jose Chairman of the City of I l i Bremerton Planning Commission (also submitted written comments), and Kelli Lambert With no further comments the public hearing was closed to the public and opened to the Council 06:42:10 Motion was made by Flemister, and seconded by Wofford Comments and questions were provided by Runyon, Wheeler, Wofford, Daugs, Younger, Flemister, and Brockus, with responses provided by Ms Floyd and Mr David Sherrard from I Parametrix I i I City Council Reg. Mtg Minutes Wednesday, October 3, 2012 Page 3 of 5 07:14:05 M /S /C /U (Flemister/Wofford) Move to pass Resolution No 3180 recommending approval of the updated Shoreline Master Program to the Department of Ecology GENERAL BUSINESS 7A — RESOLUTION NO. 3181 AUTHORIZING A SOLE SOURCE CONTRACT WITH COLUMBIA HOSPITALITY, INC. FOR MANAGEMENT OF GOLD MOUNTAIN GOLF CLUB Roger Lubovich City Attorney reported that the proposed resolution authorizes the City to enter into a sole source management agreement and transition agreement with Columbia Hospitality, Inc for the promotion, operation, and management of the Gold Mountain Golf Club Mike Walton Executive Director of the Kitsap Public Facilities District, acknowledged the City's positive working relationship already in existence with Columbia Hospitality, and therefore believed they would also be effective in managing the City's golf course Todd Best was concerned that Columbia Hospitality did not have specific experience in running a golf course 07:22:05 Motion was made by Daugs, and seconded by Wofford Comments and questions were provided by Daugs, Runyon, Wheeler, Wofford, and Brockus, with responses provided by Mr Lubovich and Becky Hasart, Financial Services Director 07:35:00 M /S /C (Daugs/Wofford) Move to pass Resolution No 3181 approving the sole source Golf Course Management Agreement and the Transition Agreement with Columbia Hospitality, Inc , and further authorizing the Mayor to negotiate, finalize, and execute the agreements with substantially the same terms and conditions as presented Voted in favor of Motion Runyon, Flemister, Younger, Wofford, Daugs, McDonald Voted in opposition to Motion Wheeler, Brockus Motion carried 6 -Yes, 2 -No 713 — CHANGE ORDER NO. 1 TO TALBOT EXCAVATING CONTRACT FOR SITE FINAL RESTORATION AT THE FORMER CHEVRON PROPERTY Chal Martin Public Works Director, explained that on September 27, 2012, a $20,810 48 contract was executed with Talbot Excavating for demolition and grading at the former Chevron Property to stabilize the existing site During execution of the work, additional buried concrete was discovered that requires removal Also, staff concluded the most efficient way to install topsoil at the site is to have this work performed by Talbot Excavating The requested action is execution of Change Order No 1, which increases the contract amount by $9,189 52 to a total of $30,000 John Larson expressed his concern that a scope of work was not included Robert Parker was concerned that taxpayers were not supposed to be paying for work on the 9/11 Memorial work site Mr. McDonald clarified that this contract was not being paid for by the City's General Fund, but the work would be funded by the existing remedial action grant from the Washington State Department of Ecology i Todd Best still believed that possible ramifications could result if Council passed this action Russ Porterfield added that he was a member of the Kitsap 9/11 Memorial Committee, and confirmed the committee approved the $4,500 match funding amount toward this contract I City Council Reg Mtg Minutes Wednesday, October 3, 2012 Page 4 of 5 07:49:25 Motion was made by Brockus, and seconded by Flemister Comments and questions were provided by Brockus, Daugs, Runyon, Wheeler, and McDonald, with responses provided by Mr Martin. 07:59:34 M /S /C /U (Brockus /Flemister) Move to approve Change Order No 1 with Talbot Excavating, and authorize the Mayor to finalize and execute the agreements with substantially the same terms and conditions as presented COUNCIL MEMBER REPORTS Leslie Daugs encouraged the community to attend the Annual Harvest Dinner on Sunday, October 28 from 6 00 to 8 00 PM at the Bremer Student Center at Olympic College, announced that the Bremerton Goodwill is hosting free Job skills training from October 5 to December 6 with registration for fall classes ending on Friday, October 5, and reported on her attendance at the rededication of the Tomb of the Unknown Soldier and thanked Todd Best for all his efforts Roy Runyon looked forward to the Bremerton Parry that is being held on Saturday, October 6 beginning at 6 00 PM at the Kitsap Conference Center with proceeds benefiting the Bremerton Foodline and East Bremerton Rotary Chanties, and announced that he soon would be providing more details regarding an upcoming workshop on Medicare Prescription Drug Benefits Greg Wheeler was pleased to display a baseball hat given to him by members of the Warren Avenue Pee Wees, hoped people would volunteer to help the Bremerton Central Lions Club as they pull weeds along the Lions Park shoreline this weekend, and looked forward to this week's First Friday Artwalk. Faye Flemister also thanked Todd Best, as well as members of the community, and local businesses for their wonderful efforts in beautifying the Tomb of the Unknown Soldier Memorial Eric Younger was surprised to hear Mr LaPrath state that the City did not have the funds for the speed humps on Hanford Avenue Chal Martin first explained the difference between speed "bumps" which are typically used in parking lots, and speed "humps" which are long and gradual and used on streets to calm traffic, and have been used effectively in areas of the City But research shows that "bumps" are not a good approach for use on streets, are expensive, and can actually be dangerous But his department is continuing to research other options Nick Wofford reiterated that as part of First Friday Artwalk, the Kitsap County Historical Museum will be opening a new exhibit "Vote — Making Kltsap Voices Count' on October 5 at 6 00 PM, and that there will also be an opportunity to register new voters 9A — EXECUTIVE SESSION — 25- minutes to discuss "Pending and Potential Litigation" per RCW 42 30 110 (1)(1) with action to follow 08:42:05 Motion was made by Runyon, and seconded by Wheeler In response to a request by Council Member Runyon, further explanation on this action was provided by Mark Koontz, Assistant City Attorney, and Chal Martin, Public Works Director 08:45:21 M /S /C /U (Runyon/Wheeler) Move to authorize the City Attorney to Join a coalition of Washington Cities appealing the Department of Ecology standards related to Phase II National City Council Reg Mtg Minutes Wednesday, October 3, 2012 Page 5 of 5 Pollutant Discharge Elimination System (NPDES) Permit, to enter into an Interlocal Agreement in substantially the same form as presented to Council, to pay $20,000 for the retention of legal services and litigation costs for the appeal as contemplated in the draft Interlocal Agreement, and to file documents and enter into any agreements necessary to pursue the appeal. With no further business, President McDonald adjourned the Council Meeting at 8 45 PM Prep red and Submitt by LORI SMITH Legislative Assistant Attest SHANNON CORIN, City Clerk JIM McDONALD, City Council President JM SC Is cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■■ eeeeeeeeeeeeeeeeeeeeeeeemeeeeeeeeeee eeeseeeeneeeeeseeeeeseaeee SUBJECT: City Council Minutes for COUNCIL MEETING Date Od DLet -- 17 a I � �LAV 6or 1 .20' '�L Department* City Council Presenter. Jim McDonald Council President Phone _(360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) N/A APPROVALS: N/A RECOMMENDED MOTION: Move to approve the Consent Agenda as presented STUDY SESSION ACTION: Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT r 1 7�, COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18/2011 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES October 10, 2012 A Study Session of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603, of the NORM DICKS GOVERNMENT CENTER, 345 6 th Street, Bremerton, Washington, Wednesday, October 10, 2012, at 5 00 PM, with Council President Jim McDonald presiding Council Members present were Eric Younger, Faye Flemister, Greg Wheeler, Roy Runyon, Adam Brockus, and Leslie Daugs Council Members Carol Arends and Nick Wofford were absent. Lori Smith, Legislative Assistant, was present to provide staff support President McDonald emphasized that the Study Session was open to the public but there would be no opportunities for input or participation, no action was anticipated during the Study Session, and the content of these items is subject to change Approved items by Council will be placed on the October 17, 2012 Council Meeting Agenda, or as indicated A NO PRESENTATIONS - The following Items are budgeted items and /or have been reviewed by the appropriate Council Committee 1 Re- appointment of Linda Streissguth to the Bremerton Housing Authority Board of Commissioners for a 5 -year term — Mayor Patty Lent Consent Agenda 2 Appointment of Charles (Tony) Clement to the Resident Commissioner Position on the Bremerton Housing Authority Board of Commissioners for the remaining 2 -year term — Mayor Patty Lent Consent Agenda 3 Interlocal Agreement with Kitsap County relating to the provision of Juvenile Detention Facilities — Roger Lubovich, City Attorney Consent Agenda 4 Extension of Janitorial Services Contracts for 1 -year with A -1 Performance, Inc — Chal Martin, Public Works & Utilities Director Consent Agenda 5 Extension of Goods & Services Agreement for 1 -year for the monitoring and maintenance of Fire /Security Alarm Systems and Fire Suppression Systems with Fire One, Inc — Chal Martin, Public Works & Utilities Director Consent Agenda 6 Interlocal Agreement with Kitsap Transit for Signal System Upgrades to the signal pre - emption system — Gunnar Fridriksson, Traffic Engineer, Department of Public Works & Utilities Consent Agenda B FULL DISCUSSION ITEMS 7 Resolution to establish a Parks & Recreation Funding Citizen Task Force — Wyn Birkenthal, Parks & Recreation Director General Business 8 Update on 9/11 Memorial Project Site Work and Contract — Tom Knuckey, City Engineer, Public Works & Utilities Department Information Only 9 Update on Gorst Sub -Area Plan and Annexation — Andrea Spencer, Director of Community Development Information Only 10 Update on Draft Utility Rate Study — Becky Hasart, Financial Services Director Information Only City Council Study Session Minutes Wednesday, October 10, 2012 Page 2 of 2 11 Budget Briefing and Distribution of 2013 Budget Books — Becky Hasart, Financial Services Director Information Only C GENERAL COUNCIL BUSINESS Council Committee Chair Reports were provided, and General Council Business was briefly discussed President McDonald announced that the following items that were discussed at the September 12 Study Session would also be scheduled for the October 17, 2012 Council Meeting Agenda • Ordinance amending Section 2 03 10 of the Bremerton Municipal Code relating to the Mayor's Compensation General Business • Ordinance amending Section 3 48 050 "Imposition of the Tax — Tax or Fee Levied" relating to the Business and Occupation Tax General Business With no further business, the Council Study Session was adjourned at 7 40 PM Preparjqd and Submitted by r LORI SMITH Legislative Assistant Attest SHANNON CORIN, City Clerk JIM McDONALD, City Council President JM SC Is cg I AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Reappointment to the Study Session Date October 10, 2012 Bremerton Housing Authority Board COUNCIL MEETING Date October 17, 2012 of Commissioners Department Executive Presenter Mayor Patty Lent Phone 473 -5266 SUMMARY: The term of Commissioner Linda Streissguth will expire in November 2012 It is recommended she be reappointed to another term ATTACHMENTS: Application available for viewing in the Mayor's office FISCAL IMPACTS (Include Budgeted Amount) N/A APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Motion to confirm the reappointment of Linda Streissguth to the Bremerton Housing Authority Board of Commissioners STUDY SESSION ACTION: [Consent Agenda ❑ General usiness ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 456 �eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee■ SUBJECT: Appointment to the Study Session Date October 10, 2012 Bremerton Housing Authority Board COUNCIL MEETING Date October 17, 2012 of Commissioners Resident Commissioner Department Executive Position Presenter Mayor Patty Lent Phone 473 -5266 SUMMARY: There will be a vacancy on the Bremerton Housing Authority Board of Commissioners in November 2012 for a Resident Commissioner It is recommended Mr. Charles (Tony) Clemer*be appointed to fill the vacancy for a Resident Commissioner ATTACHMENTS: Application available for viewing in the Mayor's office FISCAL IMPACTS (Include Budgeted Amount) N/A APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Motion to confirm the appointment of Charles (Tony) ClemenSto the Bremerton Housing Authority i Board of Commissioners Resident Commissioner position 1 I STUDY SESSION ACTION: [Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT C� C� i COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 1 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 15F SUBJECT: Interlocal Agreement with Kitsap Study Session Date October 10, 2012 County relating to the provision of juvenile COUNCIL MEETING Date October 17, 2012 detention facilities Department City Attorney's Office Presenter Roger A Lubovich Phone 360 -473 -2345 SUMMARY: Kitsap County maintains a juvenile detention facility The proposed Interlocal Agreement provides for the detention of juveniles within the Bremerton Municipal Court's jurisdiction ATTACHMENTS: Interlocal Agreement Between Kitsap County and City of Bremerton Provision for Juvenile Detention Facilities FISCAL IMPACTS (Include Budgeted Amount) The attached calls for payment of $80 per jail day Fiscal impact would be dependent on the volume of juvenile offenders sentenced to fail time Historical volumes have been low (between five to twenty per year) so fiscal impact would be minimal and would be paid from the fail budget APPROVALS: DEPARTMENT DIRECTOR __— CITY ATTORNEY - -- - - -- FINANCE DIRECTOR -� MAYOR RECOMMENDED MOTION: Move to approve the Interlocal Agreement with Kitsap County relating to the provision of juvenile detention facilities and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented STUDY SESSION ACTION: Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT 4 q GY -=✓�� COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY AND CITY OF BREMERTON PROVISION OF JUVENILE DETENTION FACILITIES Whereas, Kitsap County has and maintains ajuvenile detention facility ( "Facility ") at the Kitsap County Youth Services Center pursuant to RCW chapter 13, et. seq, Whereas, City of Bremerton does not possess sufficient facilities to lodge youth under the age of eighteen 18 who are alleged or adjudicated juvenile offenders pursuant to the laws of the State of Washington, Whereas, it will benefit both Kitsap County and City of Bremerton by limiting costs associated with the detention of City of Bremerton youth and helping Kitsap County to obtain revenue from beds that might otherwise sit empty; Whereas, Kitsap County is a political subdivision of the State of Washington and City of Bremerton is a municipal corporation in the State of Washington, Now, therefore, in accordance with the Interlocal Cooperation Act (RCW Chapter 39 34) and pursuant to RCW 13 04 030(1)(e)(iii), the County of Kitsap and City of Bremerton enter into this agreement The parties agree as follows I. GENERAL CONDITIONS A Effective Date of Agreement The effective date of this agreement shall be upon execution of this agreement by the parties B Length of Term The term of the Agreement shall be the period of from the effective date through December 31, 2015 C. If either party is in breach of this Agreement, the other party may terminate this Agreement immediately by providing written notice to the offending party The parties accept the risk that termination of this agreement may result in the turning away of potential detainees who would otherwise be accepted at the Facility D Contract Administrator This agreement shall be administered for Kitsap County by Michael S Merringer, Director of the Kitsap County Juvenile Department, Kitsap County Youth Service Center, 1338 SW Old Clifton Road, Port Orchard, Washington, 98367 and by the Chief of the Bremerton Police Department for City of Bremerton II. SPECIFIC TERMS AND CONDITIONS: A. Detention. Kitsap County will provide secure custody /detention for ,juveniles detained pursuant to Washington State law, including but not 1 Juvenile Detention Facilities limited to RCW 13 04 030, in accordance with the rules, policies, and procedures governing the detention of juveniles B. This Agreement is limited to detention of juveniles for offenses which are within the jurisdiction of the Bremerton Municipal Court under RCW 13 040 030(1)(e)(iii), and are charged within said court All youth held within the juvenile facility on offenses otherwise subject to the jurisdiction of other courts, including but not limited to Kitsap County Superior Court, are not governed by this Agreement C Admission (1) When the City of Bremerton is the arresting agency for any offense subject to the jurisdiction of the Bremerton Municipal Court, the City certifies, by the act of presenting a youth for detention, that the youth is legally detainable. As soon as reasonably practicable, the City shall present all applicable court orders for the detainee, including but not limited to warrants of arrest, bench warrants, charging documents and statements of probable cause Kitsap County shall bear no responsibility to screen referrals against Kitsap County's specific detention criteria, and legal standards for detention City of Bremerton shall defend and hold Kitsap County harmless for any legal action resulting from the detention of a youth wrongfully presented by the City of Bremerton for detention and shall pay any judgment assessed against Kitsap County for wrongly detaining a City of Bremerton youth (2) Prior to presenting a youth for detention, City of Bremerton shall contact the detention center and obtain verification that Kitsap County will accept the youth for detention Upon presenting, or if on a weekend/holiday on the next business day, an unconvicted youth for detention based upon the terms of the Court's conditions for release, the City of Bremerton shall provide to the detention staff the pertinent court orders setting forth the Court's conditions for release for that youth to the extent any such orders or conditions exist Upon presenting a youth for detention after sentencing, the City of Bremerton shall provide to the detention staff the judgment and sentence and order of commitment pertaining to that youth. All psycho - social history known to the Court or its staff shall be conveyed in writing to Detention Facility personnel (3) Any youth who is unconscious, under the influence of alcohol and/or drugs, or gravely disabled as defined in RCW 7134 020 may not be accepted into detention At the time of presenting a youth for detention, the City of Bremerton shall provide to the Detention Facility all information known about the youth's alcohol an /drug usage and all information known about a youth's mental health status (4) Any youth with significant injuries, or who reports that he or she is currently experiencing significant medical problems, may be accepted in detention only when approved fit for detention by a medical doctor or emergency room medical staff 2 Juvenile Detention Facilities (5) For youths who are detained pre - conviction and adjudged to be suffering from a non - emergent medical condition, the Detention Facility shall make reasonable efforts to notify the City of Bremerton Court Administrator of the condition, so that the City may exercise the option of adjusting conditions of release or making other arrangements to provide the opportunity for the youth to receive medical care without charges accruing to the City. (6) All reasonable efforts will be made to provide detention for City of Bremerton detainees, However, Kitsap County reserves the right to release a detained City of Bremerton youth should overcrowding or conditions outside the Facility's control necessitate such a release All City of Bremerton detainees shall be released consistent with the detention facilities' current policy and procedures. (7) Should the detention facility discover during the intake process conditions as described in Section C paragraphs (3) and(4) that would prohibit the facility from taking custody of the City of Bremerton's detainee, the City of Bremerton shall arrange pick up of the youth within a reasonable amount of time and take such actions as deemed necessary by the City of Bremerton (8) City of Bremerton shall, to the fullest extent practicable, provide all information available to the City regarding its detainees as is routinely required by the Facility Such information shall include any known accommodation requirements for detainees pursuant to the Americans with Disabilities Act and the information identified on the Facilities' Intake Assessment Record, of which a true copy of the current version is attached hereto as Exhibit A and incorporated herein by the reference (9) If a youth is incarcerated by another law enforcement agency on a warrant issued by the City of Bremerton, Kitsap County shall provide notice to the City upon booking No charges shall accrue against the City until the City has been provided with notice as set forth in this paragraph. (10) Kitsap County shall incarcerate detainees received from the City of Bremerton until the following occur: (a) expiration of the term of confinement as indicated in a Warrant or Order of Commitment, or (b) upon posting of bail, or (c) receipt of a directive from a law enforcement officer (supervisory rank or higher) or prosecuting attorney of the City of Bremerton to release such person held under probable cause without judicial process, or (d) for those held upon probable cause without judicial process upon the passage of two (2) business days, provided, prior to releasing any person pursuant to this subsection, Kitsap County shall attempt to contact the City of Bremerton to ascertain the City of Bremerton's desire with regard to said person, provided that the City of Bremerton shall agree to 3 Juvenile Detention Facilities defend and hold Kitsap County harmless as set forth below for any claim or action resulting from the detention of an individual wrongly detained at the direction of the City of Bremerton (11) It shall be Kitsap County's responsibility to confine the detainee; to supervise, discipline and control said detainee, take such steps as to necessary to safeguard the detainee's health and safety, and to administer the detainee's sentence pursuant to the order of the committing court in the State of Washington (12) Kitsap County will provide education and any other services to detainees in the same manner as it provides services to youth detained by Kitsap County Juvenile Court III. TRANSPORTATION: A For youth held by Kitsap County on behalf of the City of Bremerton, City of Bremerton shall assume financial responsibility for costs of transportation and security necessarily incurred to secure emergent medical evaluations and/or emergency treatment. Emergent medical evaluations and/or treatment are such necessary medical services that are not available from the health care program within the Facility Nothing herein shall preclude the City of Bremerton from retaking custody of an ill or inured detainee by picking the detainee up for transfer from detention, provided, in situations Kitsap County deems that a detainee requires emergency medical care, Kitsap County shall have the right to arrange for emergency medical services notwithstanding a request from the City of Bremerton to retake custody of the detainee Kitsap County shall make reasonable efforts to notify the City of Bremerton prior to securing emergent medical evaluations and/or emergency treatment for the detainee B Cost for transportation and stand -by time performed by Kitsap County staff shall be the Internal Revenue Service mileage rate in effect at the time of the service performed and the current cost to provide a detention officer (currently $28 00 per officer per hour) C A detainee serving a sentence or commitment will not be held beyond his/her sentence or commitment expiration date and time IV. MEDICAL TREATMENT A KITSAP COUNTY shall provide to City of Bremerton detainees at no additional charge those routine medical services that are provided to other detainees for which the health care provider does not render a separate billing for providing care to a specific individual. B City of Bremerton shall reimburse Kitsap County for non - cosmetic dental services, prescription drugs, and for medical services for which a health care provider renders a separate billing for providing care to a specific City of Bremerton detainee In the event that a City of Bremerton detainee is hospitalized, Kitsap County will immediately contact City of 4 Juvenile Detention Facilities Bremerton The City of Bremerton will determine and notify Kitsap County whether it requires custodial security during the period of hospitalization. If custodial security is required, City of Bremerton will be responsible for the cost of the custodial security provided. C Kitsap County agrees that the City of Bremerton shall only be responsible for the cost of prescriptions necessary for the duration of the youth's incarceration By way of example, if a youth is sentenced to 5 days of custody, Kitsap County shall not charge the City for more than 5 -days worth of prescription medicine. D No Waiver of Rijaht to Seek Reimbursement The above paragraphs relating to medical costs are intended solely to define the obligations between the parties to this agreement Nothing contained within the provisions of this agreement shall be construed to waive the rights of either party to seek reimbursement for costs from the department of social and health services, or from the detainee, his or her parent/guardian, or any other responsible third -party. V. FEES: A The basic fee for detention/custody on behalf of the City for cases charged within the Bremerton Municipal Court shall be eighty dollars ($80 00) per day, per detained youth B If the detainee is also being held by other court(s), the detention/custody fee shall be apportioned on an equal basis between the respective jurisdictions having custody of the detainee C. A billable custody day shall be defined as any period longer than twelve (12) hours of any calendar day For youths detained pre - conviction, billable custody days will begin accruing on the date of the youth's first hearing in Bremerton Municipal Court For youths detained post - conviction, billable custody` days will begin accruing on the date of the youth's intake D When a detainee is held for 12 hours or less, the charge shall be reduced to forty dollars ($40 00) VI. BILLINGS: A Kitsap County shall bill City of Bremerton for detention costs on a monthly basis B City of Bremerton shall pay all billings in a timely manner, not to exceed thirty (30) days from the date of billing VII. INSURANCE/HOLD HARMLESS: Kitsap County and the City of Bremerton shall maintain, throughout the term of this agreement, insurance adequate to protect both parties against claims that may arise as a result of the performance of this agreement Such insurance shall be placed with responsible insurers, self - insured, or carried through participation in an insurance pool at levels of coverage adequate to protect Kitsap County and the 5 Juvenile Detention Facilities City of Bremerton against loss, and as are ordinarily carried by municipalities engaged in similar operations. Upon request of the other party, Kitsap County and the City of Bremerton shall maintain and provide evidence of liability coverage The City of Bremerton shall hold harmless, indemnify and defend Kitsap County, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages, and judgments of any nature whatsoever, including, but not limited to, reasonable costs and attorneys' fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the City of Bremerton's performance of its obligations under this agreement, or the performance of its employees, agents, or subcontractors or anyone for whose acts any of them may be liable PROVIDED, HOWEVER, that the City of Bremerton's obligation hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of Kitsap County, its officers, officials, employees or agents PROVIDED FURTHER that in the event of the concurrent negligence of the parties, the City of Bremerton's obligations hereunder shall apply only to the percentage of fault attributable to the City of Bremerton, its employees, agents, or subcontractors Kitsap County shall hold harmless, indemnify and defend the City of Bremerton, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages, and judgments of any nature whatsoever, including, but not limited to, reasonable costs and attorneys' fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of Kitsap County's performance of its obligations under this agreement, or the performance of its employees, agents, or subcontractors or anyone for whose acts any of them may be liable PROVIDED, HOWEVER, that Kitsap County's obligation hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of the City of Bremerton, its officers, officials, employees or agents PROVIDED FURTHER that in the event of the concurrent negligence of the parties, Kitsap County's obligations hereunder shall apply only to the percentage of fault attributable to Kitsap County, its employees, agents, or subcontractors The terms of Section VII, INSURANCE/HOLD HARMLESS shall survive the termination or expiration of this Agreement VIII. LEGAL REPRESENTATION OF DETAINEE: City of Bremerton shall be responsible for responding to detainees' request for legal assistance or legal representation If a City of Bremerton detainee makes a request for legal assistance or representation to a Kitsap County Detention Officer, or elected or appointed official while detained in the detention facility, Kitsap County shall make a reasonable opportunity available for the detainee to contact the detainee's legal counsel (if already represented) or shall notify the City of Bremerton of the detainee's request for counsel at the earliest opportunity. 6 Juvenile Detention Facilities IX. APPLICATION OF DETENTION RULES: Kitsap County Detention Rules and Practices shall be applicable, except in cases of conflict with this agreement In the event of such conflict, this agreement will control. X. RELEASE FROM DETENTION: A. Any City of Bremerton detainee shall be released, upon demand, to any City of Bremerton law enforcement officer (supervisory rank or higher) B. Any City of Bremerton detainee shall be released upon written direction or verified verbal direction of the City of Bremerton Municipal Court or officer thereof XI. NON - DETENTION CUSTODY SERVICES: Non - detention custody services shall not be affected by this agreement Court services, probation services, or the like, shall continue to be the responsibility of City of Bremerton and are not subject to this agreement XII. FILING: The parties will file this agreement with the Kitsap County Auditor's Office and with the Secretary of the State of Washington pursuant to RCW 39 34 040 XIII. WAIVER OF RIGHTS: No waiver of any right under this Agreement shall be effective unless made in writing by an authorized representative of the party to be bound thereby Failure to insist upon full performance on any occasion shall not constitute consent to or waiver of any continuation of nonperformance or any later nonperformance, nor does payment of a billing or continued performance, after notice of a deficiency in performance, constitutes acquiescence thereto XIV. ADMINISTRATION/DISPOSAL OF PROPERTY: This Agreement is executed in accordance with the authority of Chapter 39 34 RCW, the Interlocal Cooperation Act Pursuant to the provisions of RCW 39 34 030, Kitsap County shall be responsible for administering the confinement of detainees hereunder No real or personal property will be jointly acquired by the parties under this Agreement. All property owned by each of the parties shall remain its sole property to hold and dispose of in its sole discretion XV. TERMINATION: This Agreement may be terminated prior to expiration by written notice from either party delivered by regular mail to the contact person at address set forth herein Termination by said notice shall become effective one hundred twenty 7 Juvenile Detention Facilities (120) days after receipt of such notice. The notice shall set forth the reason the party wishes to terminate the Agreement and the specific plan for accommodating the affected detainees, if any Should a youth be detained within the Youth Center beyond the termination date, Kitsap County will continue to hold the youth pursuant to the terms of any Court Order, and the provisions of this agreement shall continue to apply for the purposes of that detention alone. XVI. WAIVER OF ARBITRATION RIGHTS: Both parties acknowledge and agree that they are familiar with the provisions of RCW 39 34 180(3), as now in effect, and that of their own free will they hereby expressly waive any and all rights under RCW 39 34 180(3), as now in effect or as hereinafter amended, to arbitrate the level of compensation for incarceration services charged under this Agreement, or any renewal thereof, that either party may posses The parties further agree that such level of compensation and all other issues related to the purpose of this Agreement will only be as agreed to herein or as otherwise agreed to in a writing executed by the parties XVII. GOVERNING LAW/VENUE: The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to this Agreement and to a detainee's confinement under this Agreement This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and in the event of dispute, the venue for any action brought hereunder shall be in Kitsap County Superior Court XVIII. MISCELLANEOUS: In providing these services to the City of Bremerton, Kitsap County is an independent contractor and neither its officers, agents, nor employees are employees of the City of Bremerton for any purpose including responsibility for any federal or state tax, industrial insurance or Social Security liability No provision of services under this Agreement shall give rise to any claim of career service or civil service right, which may accrue to an employee of the City of Bremerton under any applicable law, rule, or regulation XIX. NO THIRD PARTY BENEFICIARY: Nothing contained in this Agreement shall be construed to create a liability or a right of indemnification by any third party XX. 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 8 Juvenile Detention Facilities XXI. SEVERABILITY: If any provision of this contract shall be held invalid, the remainder of this contract shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of both parties. Dated this day of 2012 CITY OF BREMERTON ATTEST. PATTY LENT, Mayor Shannon L Corin, City Clerk Dated this day of 2012 BOARD OF COUNTY COMNUSSIONERS KITSAP COUNTY, WASHINGTON ROBERT GELDER, Chair ATTEST CHARLOTTE GARRIDO, Commissioner Dana Daniels JOSH BROWN, Commissioner Interim Clerk of the Board 9 Juvenile Detention Facilities AGENDA BILL CITY OF BREMERTON CITY COUNCIL 156 ■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee SUBJECT: Authorize Extension of Janitorial Study Session Date 10/10/2012 Services Contracts COUNCIL MEETING Date 10/17/2012 Department PW & Utilities Presenter Chal Martin Phone 473 -5315 SUMMARY: The City is seeking approval to extend the current contracts with A -1 Performance, Inc for janitorial services for City facilities These contracts are negotiated by the State, including annual inflation adjustments when warranted (there have been no inflation increases for 2012 or 2013) This arrangement has worked well for the City and reduces our administrative overhead in acquiring janitorial services The department requests approval to exercise the 1 -year option for these contracts, and in addition, requests authority for the Director to authorize four (4) additional one year extensions, for a total of five (5) one (1) year extensions The following are the locations of the contracts for each site and their annual cost #5085 —100 Oyster Bay — $12,858 95 per year #5084 —1025 Burwell — $16,619 62 per year #5079 — 3029 Olympus Dr - $1,505 33 per year #5080 — 3027 Olympus Dr - $11,113 59 per year #5081 — 550 Park Ave — $17,662 17 per year #5082 — 7266 Tibardis Road — $1,623 62 per year #5083 — 911 Park Ave - $2,700 28 per year ATTACHMENTS: 1) Letter exercising option to extend contract 2) Example contract (contract #5085 is attached, all contracts use the same form) FISCAL IMPACTS (Include Budgeted Amount) Total annual cost of all seven contracts is $64,083 56 per year This amount is included in the 2012 (and 2013 preliminary) budgets APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY �1/( FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to approve the City's option to extend the contracts with A -1 Performance, Inc for janitorial services for an additional one (1) year term and further authorize the Director of Public Works and Utilities to approve four (4) additional one (1) year extensions at his or her discretion for a total of extensions not to exceed five (5) extensions STUDY SESSION ACTION: Z Consent Agenda ❑ General usmess El Public Hearing COUNCIL PRESIDENT a �y COUNCIL ACTION: E] Approve ❑Deny El Table ❑ Continue ❑ No Action Form Updated 11/02/2011 Public Works and Utilities Department 100 Oyster Bay Ave N . Bremerton, WA 98312 (360) 473 -5920 • FAX (360) 473 - 5360 August 28, 2012 Doug Fraley, Jr A -1 Performance Inc PO Box 722 Cosmopolis, WA 98537 Dear Mr Fraley, Work contract # 20489 for Janitorial services is scheduled to expire on 8/31/2012 Undei the automatic extension option, we are extending work contract # 20489 for twelve (12) months, subject to City Council approval The extension is subject to existnng prices, terms, conditions and specifications, and will have a new expiration date of 8/31/2013 Should you have any questions, please call me at (360) 473 -2316 or email me at �, V _ � , „ , , <<,,, „ , , - `Thank you for your continued interest to doing business with the State of Washington and the City of Bremerton Sincerely, Chris Mottner Facilities / Inventory Supervisor CL Contract file Marci Disken, Office of State Procurement Shannon Conn, City Clerk Wayne Hamilton, Utility Operations Manager Contract Number. 5085 Vendor: A -1 Performance, Inc. Subject: Janitorial @ 100 Oyster Bay Ave N Department. Facilities File Class: LEG 12 -1 Begin Date: 7/1/2011 End Date: 6/30/2012 Review Date: 6/1/2012 Vault Date: 6/30/2014 Comments: Extend for 1 year additional terms State of Washington DEPARTMENT OF GENERAL ADMINISTRATION Office of State Procurement Rm 201 General Administration Building, P 0 Box 41017.Olgmpia, Washington 98504 -1017 •(360) 902 -7400 csmail @ga wa gov Janitorial Services Contract 00508 Work Contract #20489 REVISION ID 05/05/10 Bid responses must be received no later than 2 00 PM Thursday, June 03, 2010 Bidder Company Name A -1 Performance Inc Not A Itcabie Bidder Point of contact Doug Fraley Jr doug(a?aloerformanc9 com 1 360. 538.0501 Site Supervisor Doug Fraley Jr do g@a1performan a corn 800. 876.7135 < Check Box if subcontractors will be used and complete the Subcontractor Information tab Agency Name City of Bremerton (Public Works Operations and Admrn) Work Request Number 20489 Anticipated Contract Life 1 Years Anticipated Start Date 1- Jul -10 so Building Type Other Mandatory Site Visit Date 19- May -2010 Time 12 00 Pm Estimated Square Feet 10,000 # of Floors 2 County Krtsap Date Issued 26-Apr -2010 Approved working hours Monday - Friday 6pm - lam % Weighting to be applied to Pricing 80% References 10% Quality Assurance 10% Work to be performed at Client Contract Administrator Send billing information to Street Address 100 Oyster Bay Ave N 100 Oyster Bay Ave N 100 Oyster Bay Ave N Street Address City & Zip Bremerton WA 98337 Bremerton WA 98312 Bremerton WA 98312 Point of contact Chris Mottner 1 Mike Bishop Chris Mottner I Mike Bishop Facilities Dept Phone 360 473.2316 360 473 -2316 360 473 -2316 Fax 360 473 -5360 360 473.5360 360 473 -5360 Email chns mottn r a ci bremerton wa .c �a S..t1nS mOrLrtwrrrTrti hrmmarf n wa c ChnS mOttnefaft hromoAnn wa u Facility Secunty Background Check required 1anrtorral prevailing wages by rob class by cout Supervisor Janitor Shampooer Waxer Window Washer Bidder to identify hourly labor rate —> $10 00 $867 $897 $897 $1322 20489 Work Contract Public Works Admrn sept 2011 Page 8 9/30/2011 General Cleaning Services 01 Dust, wipe, spot clean and remove finger prints to include a) tables b) 0 doors C) Spot clean stairwell walls & hand rails d) 0 low ledges e) 0 cobweb removal f) 0 interior walls g) ❑ Other h) O Other Special uratrucuone Frequency 5 x a Week ❑ 0 0 0 0 0 S M T W R F S Total MINUTES required to successfully complete this task Sw M) job4s) shampooer(s) Waal$) Wad=Wadro4a) per fob class per event »> 1 10 ❑ 2 Duel, mpe, a) ❑ horizontal surfaces & moldings (within reach) b) ❑ file cabinets C) ❑ picture frames d) ❑ Chairs (to include rungs, ledges & arms) e) ❑ Goth panels f) ❑ window sills & blinds g) ❑ baseboards h) ❑ vents /grills to (including ceiling vents) 1) ❑ f) ❑ Other Special instructions Frequency x sups -05) Aanaogs) sh- Owe(s) Wang$) Wmwwafto) ® 3 Clean office kitchen to include a) ❑ wiping down kitchen sinks and fixtures b) ❑ clean surfaces of cabinets, appliances (i a microwaves, refrigerator) c) ❑ reposition kitchen furniture in an orderly manner d) 0 clean outside and fill all soap dispensers e) 0 Fill all paper towel dispensers f) ❑ Other Frequency 5 x a Week ❑ 0 0 0 0 0 S M T W R F S Total MINUTES required to successfully complete this task Supwwgs) Janws) shampows) W-40 YPnmr Waalega) per fob class per event »> 10 ® 4 Empty Garbage to include a) 0 Empty all trash cans, (except recycle containers) provide / replace trash can liners b) 0 Remove waste paper from office recyclable containers and place in appropriate bldg containers (trash /recycle) c) 0 Pick up loose debris from under tables and desks, etc d) ❑ Other Special Inetructlons Trash can liners shall be replaced when they become stained soiled or tam Frequency 5 x a Week ❑ 0 0 0 0 El ❑ S M T W R F S Total MINUTES required to successfully complete this task supamw4a) Janaons) shampowls) WO448) Wudor WaNm(s) per fob class per event »> 5 F 60 20489 Work Contract Public Works Admin sept 2011 Page 8 9/30/2011 ® 5 Clean Restrooms to Include Estimated # of stalls 11 a) 0 Sanitize all toilets, urinals, ble walls, floors & wash basins, etc b) 0 Plunge C) R1 Clean chrome, mirrors, mirror frames, metal work and dispensers, vanity counters, doors, etc d) 0 Fill all paper towel dispensers, toilet tissue holders and soap dispensers e) ❑ Special Instructions Frequency 5 x a Week ❑ 0 0 0 0 0❑ S M T W R F S Soo-ms) JanWr(s) sh -p=93) wamga) wadn waaMgs) Total MINUTES required to successfully complete this task per lob class per event »> 5 65 6 Thoroughly vacuum all carpeted areas to Include Estimated # of square feet of carpet 5,350 a) Corridors b) 10 Spot dean carpet when needed c) Rugs d) ❑ Elevators e) ❑ Other f) ❑ Other Special Instructions Frequency 1 x a Week ❑ ❑ ❑ ❑ ❑ 0 ❑ S M T W R F S S,ganma(a) Janam(a) shampooegq waaga) WW -Wn*$) Total MINUTES required to successfully complete this task per lob class per event »> 5 60 0 7 Clean resilient floors to Include Estimated # of square feet of resilient floor space 5,650 a) Dry Mop b) 0 Wet Mop as required c) ❑ Other Operations crew traffic area is frequently tracked with sod, dry mopping likely insufficient In this area Additional area by janitor room to be cleaned 1x per weak on Fridays Frequency 5 x a Week ❑ 0 0 Cd 0 0 S M T W R F S Supeneogs) JandogH Shenpooega) Waugp w+m.wa>hot(q Total MINUTES required to successfully complete this task per lob class per event >>> 5 35 C� 8 Clean resilient floors to include Estimated # of square feet of resilient floor space 4,650 a) Wet mop b) 0 Other C) ❑ d) ❑ Other e) 0 Spray wax & buff fl ❑ Other Special Instructions Frequency 3 x a Year 00000000011013 Jan Feb Mar Apr May Jun Jul Auo Sep Oct Nov Dec Supem"") Jandmo) Shanpooegs) waagc) wadow waahegq Total MINUTES required to successfully complete this task per lob class per event »> 90 ® 9 Clean resilient floors to include Wax strip & re seal as needed Frequency 1 xaYear 0000 ❑ ❑ ❑ ❑0❑❑ Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec S'"-4 Janmgq shampooaga) Mail) wMae wasnega) Total MINUTES required to successfully complete this task inn inn 20489 Work Contract Public Works Admin Sept 2011 Page 8 9/30/2011 . per job dam per event >>> 'VV VVV ' Miscellaneous- R1 10 Sweep within 10 feet of each entrance, empty all entrance ashtrays, and remove trash from outside trash cans Three mein entrances Frequency 5 x a Week ❑ Q Ef Q Q Q❑ S M T W R F S Total MINUTES required to successfully complete this task SWer 4 =48) Jwbrts) Shampows) Wawa) WrdowWaahega) per job class per event >>> 5 ❑ 11 Reposition movable 1:11111- 1!11 1 Frequency x 3 uPe^vo4a) Janaogp Shan orris) WONN WadoW W"s) ❑ 12 C allwaniewwindows. Frequency x Supemsogp Janaoga) Shampooed+) Wamga) WneoWWaslrga) 13 Total # >>> Ave Sqr Ft > Estimated # Sqr Ft 0 Frequency x supanwgs) Janeods) shanpooaga] Wows) W+dow Waahw(s) ❑ 14 Total # >>> Ave Sqr Ft > Estimated # Sqr Ft 0 Frequency x sp+n'Wegel Janws) shampooe(+) Waegs) WodaaWaahegs) Q 15 Clean entryway windows Frequency 1 x a Week ❑ Q ❑ ❑ ❑ ❑ ❑ S M T W R F S Total MINUTES required to successfully complete this task supemwda) Jan-W48) shenpmgs) W-48) I' Wm4oW WaMga) - per lob class per event »> 5 20489 Work Contract Public Works Admin sept 2011 Page 8 9/30/2011 ❑ 16 SAa�pee 6ar�t" Estimated # of Sqr Ft of carpet >>> Frequency x swervaod.) jsm"p shemDeeed.) Wands) wndo. wawq.) ❑ 17 0" Frequency x SL"-w ') Ja.nod.) Shampooeds) Wanda) waxfow waN.ds) ❑ 18 Nw Frequency x SYPenwod.) Janems) Shanpooed.) waxed.) window wasim4s) ❑ 19 slow Frequency x Sweroeas) Jannode) Shampooed.) wands) Wndow wadua(.) ❑ 20 Mbar Frequency x Swemfod.) J-410) Shanpooe vamp) w.mwwaft9s) As Needed Cleaning ❑ 21 Frequency 1 x a Year <<< Thrs will be used for Price Evaluation purposes only (Contractor to bill as line Rem per event) Supemnds) Jnnod.) Shanpooeda) wands) wm wwaaheda) ❑ 22 Special mspocdons Frequency 1 x a Year <<< This wig be used for Pnce Evaluation puW only (Contractor to bill as line Ram per event) 20489 Work Contract Public Works Admin Sept 2011 Page 8 9/30/2011 Suoemaa(s) JamoRe) sh- pooa(s) W-0) vimowwatlwts) ❑ 23 Special motrucbons Frequency 1 x a Year <<< This will be used for Pnce Evaluation purposes only (Contractor to bill as line darn per event) Supemmgs) Janoxv) Sharoo gs) WaegU Wsdewwag"31 ❑ 24 Athe►{r a BlelegteaFSPdls) Special instructions Frequency 1 x a Year «< This will be used for Pace Evaluation purposes only (Contractor to big as line dam per event) Swe"em(s) Jannap) shampaoege) Wmmga) wallow W"S) ❑ 25 Athe(<*9 -$eddy Fluiets) Special )nstrucbons Frequency 1 x a Year «< This will be used for Pnce Evaluation purposes only (Contractor to bill as line item per event) Supameogs) Jambgp Shampoaegs) waxegs) Wneowwahegs) ❑ 28 Ater- Special Instructions Frequency 1 x a Year «< This will be used for Pnce Evaluation purposes only (Contractor to bill as line dem per event) sapwWrls) Janmgs) shwpoom(a) Waegp Widow was*s) ❑ 27 00w Special mstructlons Frequency 1 x a Yea r <<< This will be used for Price Evaluation purposes only (Contractor to bill as line dem per event) swemwmtq Jamogs) ahampaae(s) wamgp Wudcw W"G) ❑ 28 Athef Frequency 1 x a Year <<< This will be used for Pnce Evaluation purposes only (Contractor to bill as line dem per even►) smemoa(s) Janmgs) Shwvooegs) Waagq Wedow Wahegs) Absent a compelling business reason State Agencies are to utilize state contract to purchase PAPER SUPPLIES R1 29 Flat Monthly Fee to supply PAPER SUPPLIES (t a paper towels, toilet paper & covers) AT VENDORS ACTUAL COST All monthly invoices must be accompanied Wrath a cost break down and supporting documentation to validate vendor s actual costs are accurately reflected Bidder to propose Monthly Flat Service Fee »> $5 r -- $ - 8 - 0 — j<-Bidder to identify (tor market research purposes only) the estimated monthly costs the client should expect to budget for PAPER SUPPLIES 20489 Work Contract Public Works Admin Sept 2011 Page 8 9/30/2011 • Absent a compelling business reason State Agencies are to utilize state contract to purchase CLEANING SUPPLIES I� 30 Flat Monthly Fee to provide all necessary CLEANING SUPPLIES AT VENDORS ACTUAL COST All monthly invokes must be accompanied w+th a cost break down and supporting documentation to validate vendors actual costs are accurately reflected Bidder to propose Monthly Flat Service Fee >» $5 00 $22 a - to idenliy (for market research purposes only) the estimated monthly costs the client should expect to budget for CLEANING SUPPLIES Prompt Payment Discount (PPD)[ % net 30 days (Credit Card Purchases not applicable) NOTE A PPD % net 30 days will be applied to the bidders bid prices and thereby impact the bidders score Bid Evaluation Contract Price Total Labor Cost For Regularly Scheduled Service $8,272 04 $8,27204 Total Per Unit "As Needed Cleaning" Labor Cost $000 Bidder to propose Labor Cost multiplier »> V 1 5 $12,73895 $12,73895 Flat Monthly Service Fee(s) $1000 $1000 3ompt Payment Discount Bid Evaluation Credit $000 Total Bid Evaluation Pnce »> $12,858 95 <Subtotal> $12,85895 Total Projected Annual Contract Price (Plus Applicable Taxesp» $12,858 95 Price per month (Plus Applicable Taxes) $1,07158 Average Price per Day (Plus Applicable Taxes) $3523 Work Contract Term 8 Extensions The initial term of this Work Contract is One (1) year from date of award with the option to extend for additional One (1) year terms or porbons thereof Extensions for each additional term(s) or portion thereof shall be exercised at the sole discretion of the Purchasing Activity upon written notice to the Contractor The total contract term, Including the Initial term and all subsequent extensions, shall not exceed one (1) year beyond the maximum term date of OSP Primary Contract 00508 unless the OSP determines an emergency exists and /or special circumstances require a partial term extension Certifications and Assurances We make the following certifications and assurances as a required element of the Response, to which It Is Included herein, affirming the truthfulness of the facts declared here and acknowledging that the continuing compliance with these statements and all requirements of the OSP Janitorial Services Primary Contract 00508 are conditions precedent to the award or continuation of the resulting Work Contract 1 The prices in this Response have been arrived at Independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) those prices, (it) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered The prices in this Response have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before Contract award unless otherwise required by law No attempt has been made or will be made by the offeror to Induce any other concern to submit or not to submit an offer for the purpose of restricting competition However, we may freely loin with other persons or organizations for the purpose of presenting a single Bid in accordance with the OSP Janitorial Services Primary Contract 00508 2 This Response is a firm offer for a period of 60 days following the Response Due Date specified in the RFQQ, and it may be accepted by the Purchasing Activity without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 60-day period In the case of protest, our Response will remain valid for 90 days or until the protest and any related court action is resolved, whichever Is later 3 Bidder further agrees to furnish materials, equipment and personnel necessary to successfully fulfill all contract terms including amendments Submitting this document constitutes complete understanding and compliance with the terms and conditions Recitals 20489 Work Contract Public Works Admin sept 2011 Page 8 9/30/2011 The state of Washington, acting by and through OSP, issued RFQQ 00508 dated IXX/XX/XXI, for the purpose of acquiring Janitorial Services in accordance with its authority under Chapter 4319 RCW The OSP evaluated bid responses and all Responsive and Responsible Bidder's were included in the establishment of a pre- qualified bidder pool The pre-qualified bidder pool was used to solicit prices for this Janitorial Services Work Contract bid opportunity Consistent with the Janitorial Services Primary Contract 00508 RFQ evaluation critena, The OSP evaluated RFQ responses and determined that the Bidder identified below to be the lowest responsive responsible bidder Accordingly, the OSP has determined that entering into a Contract with The Successful Bidder will meet Client's needs and will be in Client's best interest Now Therefore, Purchasing Activity awards to the Bidder identified below this Work Contract, the terms and conditions of which shall govem Contractor's furnishing to the Purchasing Acbvity landonal services This Work Contract is not for personal use In Considerabon of the mutual promises as set forth in the OSP RFQQ 00508 Primary Agreement Contract, the parties agree to contract for Janitorial Services WORK CONTRACT AWARD A contract is hereby enacted between A• Pe c c And City of Bremerton (Public Works Operations Bidders Signature Aut Signature Az Date Effective Date I 20489 Work Contract Public Works Admin sept 2011 Page 8 9/30/2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ eeeseeeeeeeeeeeeee eeeeeeeeeeeeeeeeoeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee eeei SUBJECT: Authorize extensions of Study Session Date 10/10/2012 Fire /Security Alarm Systems and Fire COUNCIL MEETING Date 10/17/2012 Suppression Systems contract Department PW&U Presenter Chal Martin Phone 473 -5315 SUMMARY: The City is seeking approval to exercise its option to extend the current contract with Fire One, Inc for monitoring and maintenance of fire /security systems for City facilities The Department requests approval to exercise the option to extend the contract for an additional two (2) year term ATTACHMENTS. 1) Letter exercising option to extend contract 2) Expiring contract FISCAL IMPACTS (Include Budgeted Amount) Total annual cost of contract is $68,000 00 per year, which matches the budgeted amount for both 2012 and 2013 APPROVALS. DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to approve the City's option to extend the contract with Fire One, Inc for the monitoring and maintenance of Fire /Security Alarm Systems and Fire Suppression Systems STUDY SESSION ACTION: Consent Agenda ❑ Gen Vrausiness F1 Public Hearing COUNCIL PRESIDENT COUNCIL ACTION. ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 Contract Number: 4947 Vendor: FIRE ONE INC Subject: Monitoring & Maintenance Fire Systems Department: Facilities File Class: LEG 12 -1 Begin Date: 8/13/2010 End Date: 8/31/2012 Review Date: 5/1/2012 Vault Date: Comments: GOODS AND SERVICES AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ( "City"), and Fire One, Inc ( "Vendor "), whose mailing address is 6635 Harlow Drive, Bremerton, WA 98312 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 SCOPE The vendor agrees to perform the services more specifically described in the scope of work and technical specifications, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein The scope of work and technical specifications may be modified only pursuant to section 10 K of this agreement If the scope of work and technical specifications provides for unspecified additional services, such services shall only be performed upon the express written request of the city Vendor 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 2 TI ME OF COMPLETION. The term of this agreement shall commence on September 1, 2010 and will terminate on August 31, 2012, unless terminated earlier pursuant to this agreement 3 COMPENSATION The City shall pay the Vendor in an amount per rate schedules as shown on Exhibit "B" Vendor shall submit regular billing statements describing work performed and amount charged for Monitoring and Maintenance of Fire /Security Alarm systems & Fire Suppression Systems The descriptions shall conform to and fall within the categories set out in the Scope of Work and Technical Specifications Upon receipt of a conforming billing statement, the City shall promptly process the payment Vendor shall not perform work beyond the Scope of Work and Technical Specifications, nor shall vendor be compensated for such work, unless the Scope of Work and Technical Specifications or amount of compensation is modified pursuant to this Agreement Vendor shall only be compensated for additional services if requested pursuant to Section 10 K and, if not otherwise provided, such compensation shall be in accordance with this Section If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance Such withholding does not relieve vendor of its obligations under this Agreement 4 INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemploymentcompensation, and all other payroll deductions for the Contractor, officer, agents, 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 officers, agents, employees and subcontractors 5. TERMINATION. The City may terminate this Agreement for good cause "Good cause" shall include, without limitation, any one or more of the following events A The Vendor's refusal or failure to supply a sufficient number of properly skilled workers for completion of this Agreement B The Vendor's failure to make full and prompt payment to subcontractors or for material or labor Monitoring and Maintenance of Fire /Security Between the City of Bremerton & Fire One, Inc Alarm Systems & Fire Suppression Systems C The Vendor's failure to complete with federal, stateor local laws, rules or regulations D The Vendor's filing for bankruptcy or becoming adjudged bankrupt If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the services required by this Agreement are completed and fully performed 6. CHANGES The City may issue a written change order for any change in the 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 agent of the City within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change 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 City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work, however, the Vendor may elect to protest the adjustment as provided below A Procedure and Protest by 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 i Immediately give a signed written notice of protest to the City, 2 Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information a The date of the Vendor's protest b The nature and circumstances that caused the protest C The provisions in this Agreement that support the protest d The estimated dollar cost, if any, of the protested work and how that estimate was determined e An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption 3 The Vendor shall keep complete records of extra costs and time incurred as a result of the protested work The City shall have access to any of the Vendor's records 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 will be made for an invalid protest B Vendor's Duty 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 Acceptance 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 shall constitute full payment and 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 Monitoring and Maintenance of Fire /Security Between the City of Bremerton & Fire One, Inc Alarm Systems & Fire Suppression Systems change D Failure to Protest Constitutes Waiver By not protesting 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, and 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 Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this 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 facts giving rise to the claim At a minimum, a Vendor's written claim must mcluddhe information set forth regarding protests in Section 6(A)(2)(a) -(e) FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY Vendor must, in any event, file any claim or bring any suit arising from or connected with this Agreement within 120 calendar days from the date the contract work is complete 8. INDEMNIFICATION Vendor shall defend, indemnify and hold the City, its officer, 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 Vendor's obligation to indemnify shall not extend to that portion of damages caused by the City's sole negligence The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification Should a court of competentjurisdiction 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 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 SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expiration or termination of this Agreement Monitoring and Maintenance of Fire /Security Between the City of Bremerton & Fire One Inc Alarm Systems & Fire Suppression Systems 9. INSURANCE. The Vendor shall procure and maintain for 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 agents, representatives, employees or subcontractors Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance evidencing 1 Automobile Liability insurance with limits no less than $500,000 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 $2,000,000 aggregate for personal injury, bodily injury and property damage Coverage shall include but not be limited to blanket contractual, products /completed operations/broad form property damage, and employer's liability Any payment of deductible or self insured retention shall be the sole responsibility of the Vendor All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which shall 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 ofthe Vendor and a copy of the endorsement naming the City as 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 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 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 10 MISCELLANEOUS. A Licenses and Taxes Vendor shall possess a current Bremerton Business License and any regulatory license required to fulfill Vendor's obligations under this contract B &O taxes shall be paid when due, and Vendor, by this agreement, assigns any payments due under this contract to 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 the following list shall take precedence 1 Addenda, if any, 2 Contract, 3 Scope of Work & Technical Specifications (Exhibit A) 4 Bid Proposal (Exhibit B) Monitoring and Maintenance of Fire /Security Between the City of Bremerton & Fire One, Inc Alarm Systems & Fire Suppression Systems C Documents Incorporated by Reference The following documents are incorporated by reference, to include, but not be limited to I Scope of Work & Technical Specifications 2 Bid Proposal 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 of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates E Compliance with Laws Vendor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement 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 G Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of Washington If any dispute arises between the City and Vendor under any of the provisions of this Agreement, resolution of that dispute shall be available exclusively under thejurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington H Attorne '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 Written Notice All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless otherwise notified Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement Notices to be sent to Notices to be sent to VENDOR CiTY Attn Don Casey Attn City Clerk Fire One, Inc City of Bremerton 6635 Harlow Drive 3456 th Street, Suite 600 Bremerton, WA 98312 Bremerton, WA 98337 J Assignment Any assignment of this Agreement by the Vendor 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 Monitoring and Maintenance of Fire /Security Between the City of Bremerton & Fire One, Inc Alarm Systems & Fire Suppression Systems L Severability Ifany one or more seLtrons, sub - sections, or sentences of this Agreement are held to be unconstitutional of invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect M Entire Agreement The written provisions and 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 `t e` "J( c City of Bremerton By By Print Name D e > t_' f Print Name Its E.. E t Its Date Date APPROVED AS TO f'ORM Bremerton City Attorney AT rES t' B , Y City Clerk Monitoring and MalntLnance of I ue/ )Lcurity BLt%% the C ity of Bremerton R f ue One Inc. Alarm Systems & I ire Suppression Systuns Exhibit A SCOPE OF WORK AND TECHNICAL SPECIFICATIONS FOR Monitoring and Maintenance of Fire /Security Alarm Systems and Fire Suppression Systems The contractor shall: A Provide 24 -hour emergency service with a maximum two -hour response time B Provide local technicians, qualified to perform repairs, installations and maintenance to the systems listed. C Possess a state certified low voltage contractor's license D Possess a state certified level 3- sprinkler contractor's Incense E. Possess a ITT certified sprinkler inspector license. F. Possess a NICET level 2 certification for all confidence testing G Perform all onsite services between the hours of 7 30 a m to 4.00 p m , Monday through Friday, if at all possible The Alarm Company shall: A Be a U L rated monitoring company B. Be F M approved. C Provide both secunty and fire alarm monitoring D. Be located within Washington state, western Washington region is preferred. E Have the ability to provide opening /closing reports upon request Service and Maintenance Requirements All service and maintenance shall follow National Fire Protection Association (NFPA) standards, uniform fire code (UFC), all applicable state of Washington code requirements and /or standards acceptable to the City of Bremerton. Fire alarm system NFPA standard 72 Wet fire sprinkler systems NFPA standard 13, 25 Dry fire sprinkler systems NFPA standard 13, 25 Monitoring systems NFPA standard 72 Halon system NFPA standard 12A Hood system NFPA standard 17 Fire extinguishers NFPA standard 10 Additional Items The service and maintenance requirements listed shall be followed as minimum standards. Any deviation from these standards will be agreed upon in writing by the authorized city representative Any equipment setup or reprogramming initially required by the winning bidder to perform any aspects of the contract shall be at no expense to the City of Bremerton Security Systems Test all City of Bremerton security systems for proper operation of all protected points, receipt of proper alarm and restore signals, and audibility of zones so programmed. Any wireless transmitters should be tested at half signal strength to ensure proper full power performance. After annual security alarm testing, all zones, partitions and access points will be identified, verified and lists submitted to city representative for review. Functional test of cellular backup units at Gold Mountain Golf and maintenance shops. Test and verify proper signals at the central station for both security and fire panels when the primary phone lines are out of seance Verify that all supervisory zones pertaining to the cellular backup unit function and proper signals are received at the central station. Test all standby batteries for the security, security /fire, and cellular backup units for proper operations and capacity. Panic Buttons Test and maintain all silent panic stations, both standard and wireless, at all city locations and verify receipt of proper code and proper location for alarm and restore. All maintenance and service shall be in compliance with recommendations of the manufacturers of the equipment in all systems Fire /Security Alarm Monitoring Fire and security alarm systems are connected to the monitoring company by a fixed -line telephone system, which is provided and maintained by the City of Bremerton. Fire Alarm System In the event of an alarm, the monitoring company contacts fire dispatch unless otherwise instructed on the monitoring information sheet. Security System In the event of an alarm, the monitoring company contacts police dispatch unless otherwise instructed on the monitoring information sheet City Contact In either of the above events or an alarm trouble, the monitoring company shall contact the on -call city representative and /or designee. Security Access Codes All security access codes are confidential Any information containing access codes, updates, reports, additions and deletions shall be provided only if requested by the City of Bremerton Utilities Operations Manager, Wayne Hamilton, phone: 360 - 473 -5207, email wayne.hamdton@ci bremerton wa us City Contact List: A Chris Mottner, Inventory/Facilities Supervisor Phone: (360) 473 -2316 Email. chns mottner@ci bremerton.wa us B. Michael Bishop, Lead Facilities Service Specialist Phone (360) 473 -5335 Email. michael.bishop@ci.bremerton wa us C Customer Response Dispatcher (24 hour message phone) Phone (360) 473 -5920 I Exhibit B BID PROPOSAL MONITORING AND MAINTENANCE OF FIRE SECURITY ALARM SYSTEMS AND FIRE SUPPRESSION SYSTEMS City of Bremerton Technician Service Rates Technicians regular and overtime will be listed as per hour basis and will be in accordance with all City of Bremerton Contract requirements, and any Washington State prevailing wage rates that may apply Technician service regular rates $_125 00 per hour Technician service overtime rates $_188.00 per hour Fuel /environmental trip charge $_30 00each Technician Testing Rates Technician regular and overtime will be listed as per hour basis and will be in accordance with all City of Bremerton Contract requirements, and any Washington State prevailing wage rates that may apply Technician testing regular rates $_85.00 per hour Technician testing overtime rates $_128 00 per hour Fuel /environmental trip charge $_30.00 each Basic System Service and Testing Rates Annual Wet fire sprinkler systems $125.00 ea X 11 systems = $1,375 00 Dry fire sprinkler systems $175 00 ea X 8 systems = $1,400 00 Monitoring Systems Tested as part of fire alarm panel Security Systems Tested with fire alarm panel Fire Alarm Systems (per location) $250 00 ea X 22 systems = $5,500 00 I Semi - annual Halon or special hazard extinguishing systems $300 ea X 3 systems = $900 00 Hood systems $150 00 X 3 systems = 450 00 i i i I Monitoring Service $30 00 monthly per account (fire or security) Equipment Service Rates (All fire extinguisher service aspects to be included) Fire extinguisher check All $3 50 each Re- charge ABC chemical 2 5 lb $14 00 each 5 lb $20.00 each 10 lb $24 00 each 20 lb $32 00 each 6 year breakdown 2.5 lb $12 00 each 5 lb $14 00 each 10 lb $2100 each 20 lb $27 00 each 12 year breakdown 2 5 lb $26 00 each 5 lb $32.00 each 10 lb $46 00 each 20 lb $80.00 each Hydro Test Included as part of 12 -year breakdown New ABC Fire Extinguishers w /wall hook 2 5 lb $29 00 each 5 lb $45 00 each 10 lb $85 00 each 20 lb $160 00 each New Kitchen "K° Class Fire Extinguishers w /wall hook 10 lb $203 00 each i i i i i 1 I 1 EXERCISE OF OPTION BY CITY OF BREMERTON AND FIRE ONE, INC. TO RENEW GOODS AND SERVICES AGREEMENT WHEREAS, the City of Bremerton ( "City ") and Fire One, Inc ( "Vendor ") entered Into a Goods and Services Agreement on August 13, 2010, City Contract #4947 ( "Contract "), WHEREAS, the term of the Contract ends on August 31, 2012, WHEREAS, Exhibit A to Contract provides that the parties may negotiate a two -year extension, WHEREAS, City and Vendor intend to exercise their option to extend the Contract for two years, commencing on September 1, 2012 and ending on August 31, 2014, NOW THEREFORE, City and Vendor hereby agree to exercise the option to renew the Contract for an additional two -year term pursuant to Exhibit A to the Contract The City Contact List in Exhibit A shall be changed as follows B Colen Corey, Lead Facilities Service Specialist Phone (360) 473 -5335 Email colen corev @ci bremerton wa us The Scope of Work (Exhibit A), the Bid Proposal (Exhibit B) and all other terms of the Contract shall remain the same, Provided that if the Contract is not entered into by September 1, 2012, the City and Vendor shall operate on a month -to -month agreement under the same rates and conditions as stated in the Contract Fire One, Inc City of Bremerton bra e_�o L C__. 9 - 1 7 - t2- Donald K Casey date Patty Lent date Owner Mayor Approved as to Form Bremerton City Attorney Attest City Clerk R \Legal \Legal \Departments - General \PW &U \2012 08 24 Exercise of Option by City of Bremerton and Fire One docx N EXERCISE OF OPTION BY CITY OF BREMERTON AND FIRE ONE, INC. TO RENEW GOODS AND SERVICES AGREEMENT WHEREAS, the City of Bremerton ( "City ") and Fire One, Inc ( "Vendor ") entered into a Goods and Services Agreement on August 13, 2010, City Contract #4947 ( "Contract "), WHEREAS, the term of the Contract ends on August 31, 2012, WHEREAS, Exhibit A to Contract provides that the parties may negotiate a two -year extension, WHEREAS, City and Vendor intend to exercise their option to extend the Contract for two years, commencing on September 1, 2012 and ending on August 31, 2014, NOW THEREFORE, City and Vendor hereby agree to exercise the option to renew the Contract for an additional two -year term pursuant to Exhibit A to the Contract The City Contact List in Exhibit A shall be changed as follows B Colen Corey, Lead Facilities Service Specialist Phone (360) 473 -5335 Email colen corey @ci bremerton wa us The Scope of Work (Exhibit A), the Bid Proposal (Exhibit B) and all other terms of the Contract shall remain the same, Provided that if the Contract is not entered into by September 1, 2012, the City and Vendor shall operate on a month -to -month agreement under the same rates and conditions as stated in the Contract Fire One, Inc City of Bremerton Donald K Casey date Patty Lent date Owner Mayor Approved as to Form Bremerton City Attorney Attest City Clerk R \Legal \Legal \Departments - General \PW &U \2012 08 24 Exercise of Option by City of Bremerton and Fire One docx AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeeeeee SUBJECT: Interlocal Agreement with Kitsap Study Session Date October 10, 2012 Transit for signal system upgrades to the COUNCIL MEETING Date October 17, 2012 signal preemption system Department PW & U Presenter Knuckey /Fndriksson Phone 473 - 2376/473 -2354 SUMMARY: Kitsap Transit has received a grant from the Federal Transit Administration (FTA) for $200,000 to upgrade the traffic signal components for signal preemption for emergency vehicles and transit, or Opticom TM system The original system was installed in 1991 and components are in disrepair, with software no longer supported by the manufacturer ATTACHMENTS: 1) Council Summary, 2) Agreement FISCAL IMPACTS (Include Budgeted Amount) The $200,000 grant requires a $31,214 match providing $231,214 for the Opticom Upgrade The matching funds will be paid for by Transit Fiscal impacts to the City are minimal as replacement of the components will be included into the annual maintenance required at each signal over the next year APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR - MAYOR j RECOMMENDED MOTION: Move to authorize the Mayor to finalize and execute the agreement with Kitsap Transit, with substantially the same terms and conditions as presented STUDY SESSION ACTION. ,Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT q l�f� Cr COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 COUNCIL SUMMARY INTERLOCAL AGREEMENT WITH KITSAP TRANSIT Summary The City of Bremerton and Kitsap Transit partnered together in 1991 to install preemption components into the traffic signal systems to allow emergency vehicles and transit access to the signal functions Emergency vehicles were given priority for this usage for their services, with transit receiving a second degree priority to be able to assist buses in maintaining the schedule for the transit riders Since the 1991 installation of this hard and software, many components of the system have fallen into disrepair, and the software program supporting the components is no longer supported by the manufacturer In addition, it has been found that motorists have obtained illegal preemption devices to be able to change the signals and disrupt traffic flow The Federal Transit Administration (FTA) provided a grant opportunity to transit agencies for federal STP -Urban (countywide priority) funds to replace these outdated and broken preemption components These new components will also not be susceptible to the illegal devices The grant will be used almost entirely for purchase of the new components Installation will be done over the next year by the City Electronics crew as they perform routine maintenance at the signals and will be borne by the City It is estimated replacement of the components during the regular maintenance will cost the City approximately 20 extra minutes at each signal for the crew City staff labor is grant eligible, and may be reimbursed if grant funds be available after all equipment is purchased It is anticipated any labor reimbursement will be negligible Fiscal Summary The grant will provide $200,000 and does require a $31,214 match which will be paid by transit Total funding available for the Opticom Upgrade is $231,214 The City's contribution to the replacement will be in labor for the City Electronics crew which will be minimal Interlocal Agreement with Kitsap Transit Council Summary INTERLOCAL AGREEMENT BETWEEN THE CITY OF BREMERTON AND KITSAP TRANSIT FOR UPGRADE OF TRAFFIC SIGNAL EQUIPMENT FOR CITY EMERGENCY VEHICLES AND TRANSIT BUSES Whereas the City of Bremerton (City) and Kitsap Transit (Transit) has the authority to enter into inter -local agreements under RCW 39 34 to enable cooperation and mutual advantage in developing service and facilities in their local community, and Whereas Transit retains authority under RCW 46 37 670 to operate signal preemption under second degree priority to emergency vehicles, and Whereas the City owns and maintains the traffic signals and associated components (e g , hardware and software) supporting signal function, including the function of preemption for emergency vehicles and transit, and Whereas the City and Transit have a history of sharing the cost of traffic signal components and sharing the function of signal preemption for emergency vehicles and for transit, and Whereas most of the City's Opticom TM components are in disrepair and parts which were installed in 1991 and jointly paid for by the City and by Transit are no longer available, and software is no longer supported by the manufacturer, and Whereas the City and Transit desires to maintain the traffic signal and function of the signal preemption for emergency vehicles and transit on key arterials that overlay core (trunk -line) transit routes, and Whereas the City and Transit has obtained a grant from federal STP -Urban (countywide priority) funds to replace the OpticomTM components (equipment) and Transit is the lead agency administering the grant with the Federal Transit Administration (FTA), Therefore the City and Transit hereby agree to enter into the following Agreement 1 The City and Transit agree to upgrade the City's OpticomTM system using the $200,000 grant on corridors assisting Transit service routes in the County 2 Transit agrees to pay all local matching funds ($31,214 ) Transit agrees to purchase using grant funds and matching funds, all equipment and materials (identified by the City and agreed to by Transit) necessary to upgrade the system A preliminary list of materials and equipment is attached in Exhibit A, it is anticipated this list will be revised by mutual agreement during execution of this Page 1 of 4 project Transit further agrees to perform all grant management as necessary for the completion of the project including the procurement of equipment 3 The City agrees to install all materials and equipment purchased for this project To minimize costs, the City intends to install the equipment during routine maintenance of its traffic signal system — it is anticipated the installation will occur over a 12 -month term The City has developed the materials and equipment list included in Exhibit A, and will recommend modifications to Transit as they are identified during the course of the work The City shall track its costs for installation of the equipment, and shall be reimbursed if grant funds remain after purchase of all materials and equipment In no case shall Transit be responsible to reimburse the City for initial installation costs if grant funds are not available The City shall maintain a strict inventory of all equipment installed in the system as required by the grant for a term identified by Transit The City shall further coordinate with all emergency responders to make them aware of the system upgrade and potential for their need to upgrade their equipment to coordinate to function with the new system The City shall prepare the sole - source justification for continuing with the OpticomT"° brand products 4 Transit agrees to modify or replace emitters in Transit vehicles such that the emitters are fully functional with the updated OpticomT"" equipment and provide for individual vehicle identification 5 The City agrees to maintain the equipment and to allow Transit to use the low - priority signal preemption function on all of the signalized intersections located within the City limits for the extended life of equipment 6 Transit agrees to pay a fifty percent (50 %) share of the necessary maintenance activities and repair activities directed specifically at OpticomTM system components installed at intersections covered under this agreement after the warranty period expires 7 The City agrees to assume full responsibility for the operation of the City's coordinated network of traffic signals 8 Transit agrees to train and supervise operator /drivers on fixed route service to employ the low- priority signal preemption function only at times when the individual transit vehicle is more than 3 minutes behind its printed schedule for the next time point Transit shall continually train all existing and new bus drivers as to the proper use and function of the OpticomTM system and the inadvertent effects of misuse Transit shall receive assistance from the City staff for revising the training handbook module 9 Transit agrees to submit to the City a brief annual report which presents the use of and transit efficiencies contributable to the OpticomTM system by Transit in Bremerton Certain informative data may include but not be limited to. Page 2 of 4 a Usage by vehicle, driver and route b On time arrivals achieved c Efficiencies of diminished carbon foot- print/increased ridership d Qualitative customer comments The City agrees to provide Transit with basic data taken from the traffic signal cabinet controllers necessary to perform transit analysis by time of day, vehicle use, etc, as requested, but not more frequent than semi- annually unless this information is necessary to resolve a dispute 10 The purchased equipment will reside as part of Transit's inventory and as a federal asset subject to and part of federal compliance review The City consents to participate in any single audit or FTA financial and project accountability review 11 The term of this Agreement shall be twenty years At the end of the product warranty period and federal service life, whichever is longer, Transit will begin the disposition of former federal equipment to the City 12 The contract can be canceled by the City provided that the City gives 60- calendar day notice and reimburses Transit for the federal /local match pro -rated investments in the grant- funded intersection and signal control elements outlined in Table 1 13 This agreement hereby supplants the expired Opticom Agreement approved by City Council in 1991 14 The contract can be canceled by Transit provided 60- calendar day notice to the City and contingent on the FTA declaring the City eligible to receive the remaining grant funding for the service life of the equipment 15 Any disputes arising out of this Agreement may be resolved, if the parties are unable to resolve them by direct discussion and negotiation, by referral to a third party arbitrator selected jointly by the two parties Page 3 of 4 DATED this of , 2012 CITY OF BREMERTON KITSAP TRANSIT Patty Lent, Mayor John W Clauson, Executive Director ATTEST ATTEST City Clerk Kitsap Transit Board Clerk APPROVED AS TO FORM APPROVED AS TO FORM Roger Lubovich Ronald C Templeton City Attorney Kitsap Transit Attorney APPROVED AS TO FORM Ted Uyeno Regional Counsel, Federal Transit Administration, Region 10 Page 4 of 4 ADVANCED TRAFFIC A � CITT { .I „►� rl It. +lac PRODUCTS INC. Opticom Preemption System - Trade - Program Customer Information Date August 22, 2012 Name City of Bremerton Contact Jeff Collins Project Opticom 764 Trade -up WA STATE CONTRACT # 3709 Model Number Description Unit Price Quantity Price 762 New Multimode Phase Selector 2 Channel $ 1,75875 $ _ 764 New Multimode Phase Selector 4 Channel $ 2,75100 51 $ 140,30100 722 Detector 2 Channel 2 Direction $ 67510 10 $ 6,751 00 721 Detector 1 Channel 2 Direction $ 48390 113 $ 54,680 70 711 Detector 1 Channel 1 Direction $ 42560 47 $ 20,003 20 768 Opticom AIP w /Cables $ 30000 51 $15,30000 755 4 Channel Adapter Card $5255 51 $2,68005 Sub -Total $ 239,715 95 Old Detector for 711 Trade In 25% 47 $ (5,000 80) Old Detector for 721 Trade In 25% 113 $ (13,67018 Old Detector for 722 Trade In 25% 10 $ (1,687 75) Old Phase Sel. for 762 Trade In 25% $ - Old Phase Sel. for 764 Trade In 25% 51 $ (35,075.25 Sub Total $ 184,281 98 TAX 950% $ 17,506 79 Total $ 201,788.76 The above is a limited time offer and will be honored for 90 days Advanced Traffic products does not provide installation service For installation charges a contractor or government agency will need to be contacted for a quote 909 SE Everett Mall Way Suite B280 - Everett, WA 98208 - 800 690 4287 EXHIBIT A www advancedtraffic com Page 1 of 2 ADVANCED tl VA CED AP /\� P RO DU C TS, TS I N C. GTT Opticom Preemption System - Trade -in Program Customer Date 6/21/2012 Name Co of Bremerton Contact Jeff Collins Project Rang Seam Emitter Quote Email Model # Description Unit Price Qnty Price GTT Opticom Emitters 792R Opticom Range Control Emitter (Range Setting Emitter $99500 $ - 792H Opticom High Priority Emitter $99500 3 $ 2,98600 792T Opticom Low Priority (Transit) Emitter $99600 $ - 794R Opticom LED Range Control Emitter (Range Setting Emitter $99600 3 $ 2,98600 794H .Opticom High Priority LED Emitter $99500 $ - 794T j0pticom Low Priori LED Transit Emitter $99500 $ GTT Opticom Switches 793R Emitter Switch for 792R/794R emitter (Range Setting Function $33000 3 $ 99000 7933 Emitter Switch $14000 $ - RC79 Programer $30000 1 $ 30000 Sub -Total $ 7,26000 25% Trade - in Old Emitter (Any Vintage, Any Manufacturer 6 $ 1,492 50 subtotal $ 6,76750 TAX 950% $ 54791 Totall I $ 6,31541 This quote will be honored for 90 days and does not Include taxes Advanced Traffic Products does not provide Installation service For Installation costs you will need to contact a contractor or government agency for a quote 25% Trade -In credit will be given once the old equipment Is received Ira#% " N F UM MIKE SINGSON TERRITORY MANAGER 820' Fox (425)34749M „r Washington /Alaska M 5 E E mea uaa .vay Sete 8280 E vma . % IW9O8 EXHIBIT A Page 2 of 2 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 6A ■■ eeeeeeeeeeeeeeeeeeeeeee eeeeeeeeeeeeeeeseeeeeeeeeeeeeeeeeeeeeeeseeeeeeseeeeeeeeee eeeee SUBJECT: Res°lu -hon ao ' 319.2- Study Session Date Oct 10 2012 Resolution Establishing Parks and COUNCIL MEETING Date Oct 17 th 2012 Recreation Funding Task Force Department Parks and Rec Presenter Wyn Birkenthal Phone 473 -5752 SUMMARY: The economic downturn and budget constraints present funding challenges for Parks and Recreation maintenance, programs and facility improvements The Task Force will assess community needs and desires for Parks and Recreation services and make alternative funding recommendations to the City Council Chairperson of the proposed Task Force, Cary Bozeman, will recruit interested individuals and organizations to participate in this citizen group ATTACHMENTS: Resolution No 316 FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR �--- MAYOR RECOMMENDED MOTION: Move to adopt Resolution No establishing a citizen Task Force to conduct a needs assessment for Parks and Recreation activities and develop alternative funding methods STUDY SESSION ACTION: ❑ Consent Agenda Gene al Business ❑ Public Hearing COUNCIL PRESIDENT ; COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 RESOLUTION NO. 3 I A RESOLUTION of the City Council of the City of Bremerton, Washington establishing a task force to conduct an assessment of the City's parks and recreation programs and funding sources for these facilities and programs and further appointing Cary Bozeman as the task force chairman and the Director of Parks and Recreation and a City Council member appointed by the Council President City Council to serve on the task force WHEREAS, the economic downturn and budget constraints have resulted in the City reducing Parks Department employees from the 2008 Full -Time Equivalent (FTE) of 28 to the 2012 FTE level of 19, and WHEREAS, over the years the City has increased the number and size of its parks property including the Fountain Park, the Navy Memorial Park, the Lillian and James Walker Park, and an expansion at Evergreen Park, and WHEREAS, the City desires to maintain its parks for the continuous use and enjoyment of its citizens, and WHEREAS, the City, the Bremerton School District, the YMCA, the Boys & Girls Club, and other responsible organizations recognize that parks and recreation activities and programs that support children also support healthy communities, and WHEREAS, the City Council has established a goal to research alternative methods of funding the Parks and Recreation Department, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS herein in full SECTION 1. The recitals set forth above are hereby incorporated as if set forth SECTION Z The City Council hereby establishes the Parks and Recreation Funding Task Force to assess the City's parks and recreation programs, community needs and desires for parks and recreation and funding sources for these facilities and programs. SECTION 3. The City Council hereby approves and appoints Cary Bozeman as the chairman of the task force. SECTION 4. The Director of Parks and Recreation and a City Council member appointed by the Council President shall serve on the task force 1 Parks and Recreation Funding Task Force 1 SECTION S. The chairman shall recruit other interested organizations and individuals to serve on the task force SECTION 6. The task force shall meet as needed to conduct an assessment of the City's parks and recreation programs as well as funding needs and options for funding for these facilities and programs SECTION 7. The task force shall engage the community in the assessment and the City shall assist the task force by publicizing and providing space for these efforts SECTION 8 The task force shall periodically report their findings to the City Council and submit a final report to the City Council with their recommendations SECTION 9. Severabihty If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect SECTION 10. Effective Date This resolution shall take effect and be in force immediately upon its passage PASSED by the City Council of the City of Bremerton, Washington this day of , 2012 JIM McDONALD, Council President APPROVED AS TO FORM ATTEST. ROGER A LUBOVICH, City Attorney SHANNON L CORIN, City Clerk R \Legal \Legal \Resolutions \Parks \Parks funding Resolution doc 2 Parks and Recreation Funding Task Force Christine Grenier From: Colleen Smidt <smidtracing@hotmail com> Sent: Wednesday, October 17, 2012 10 56 AM To: City Council Subject: Citizen Comment - Colleen Smidt Good Morning, Attn: Bremerton City Council Clerk For immediate distribution to the council at large and for entry into public record for the October 17 th , City Council Meeting. Re: Resolution No. 3182, Item 6A, Resolution Establishing Parks and Recreation Funding Task Force As a citizen of Bremerton I am against the passage of Resolution No 3182 1 myself have served on various citizen committees, studies and task forces over the last six years. They include Bremerton School District Finance Committee, 3 years Kitsap County Finance Committee, 1 year Bremerton Collaborative School Siting/Co- Location Project, 2008 Bremerton School District Superintendent Search Task Force Other citizen committee's I do not serve on but continue to follow the published progress on City of Bremerton Shoreline Master Plan City of Bremerton Ad Hoc Parking Committee City of Bremerton Rate Utility Study Committee I am a big proponent of citizen collaboration, study and involvement on volunteer committees in the public sector 1 Because of my years of service, I can recognize when the creation of a citizen committee or task force is not really in the best interest of the citizens or the community I can see the potential for redundancy, a questionable member selection process and a waste of city resources that can and will occur Because of the current economic environment of depleted or reduced revenue streams that the City of Bremerton has to operate in, efforts to reduce waste, eliminate redundancy and maximize resources should be the number one priority and focus of everyone involved That is why I see no need for the creation of Recreation Funding Task Force Currently under the City of Bremerton Municipal Code (BMC) Chapter 13 15 Parks and Recreation Commission exists This Commission is entirely citizen based with seven members After review of section 13 15 050 Powers and Duties along with the review of various published articles surrounding this committee, I can see where possible revenue streams and parks funding has and is being discussed This committee operates under open public meeting rules, publishes public notification of its meetings ahead of time, opens the floor to citizens who would like to address them or provide input and are accountable for their actions and recommendations In addition to the unnecessary redundancy the creation of the Task Force would provide, I also do not see the necessary transparency, openness and accountability, timeline and end date integrated in any section of the Resolution 3182 Currently the Utility Rate Study Committee is posting notification of closed door meetings that are not open to the public Despite the fact that citizens do participate on the Utility Rate Study Committee and the information and recommendations of the committee will affect every single citizen in this city Who or where does it say this Task Force will operate any differently That they can provide a substantially different end result that what has already been suggested Having served on these citizen committees myself, I understand the sheer, steep slope of the learning curve and volume of information that has to be processed by the average citizen to even reach a point in the process where fully informed discussions and decisions on recommendations can proceed The City of Bremerton already has a fully established, well informed citizen run commission on parks and recreations issues that is and should be doing the work and making the recommendations to the council on possible revenue sources and funding recommendations Any additional citizens that could and would serve on the Task Force should instead be looking to save time and resources by providing their knowledge, assistance and ideas to the already established Parks and Recreation Commission for integration into what will be and informed list of final recommendations Do not reinvent the wheel here, when there is already one in operation that is functioning just fine and could be slightly modified to meet these additional needs Critical decisions on parks and recreation issues will need to be made now, this year Stop slowing down the process and wasting time on something such as Resolution 3182 2 Please vote NO on this resolution Colleen Smidt 191810 Street Bremerton, WA 98337 (Clerk) Thank you for your asststence� 3 From Ken <olydarts @aol com> Sent Friday, October 12, 2012 12 38 PM To City Council Subject Parks and Recreation Funding Task Force Jim McDonald (2010 -2013) 2012 Council President 345 6th Street, 6th floor Bremerton, WA 98337 (360) 473 -5280 FAX (360) 473 -5080 Hello Mr McDonald My name is Ken Ward, president elect for the SUMS organization (Seniors Uncover Money Solutions) under the umbrella of the Bremerton Senior Center in Manette We have currently approximately 700 members When I read in the Kitsap Sun that a task force was being formed to find ways to get more money for parks it aroused my interest to participate as a senior representative of the SUMS organization I'm appealing to you since there was no contact information for the Task Force Thanks, Ken Ward 360- 377 -1663 olydarts(a)aol com 1 AGENDA BILL CITY OF BREMERTON CITY COUNCIL (aig SUBJECT: Ordinance No 5I q I Study Session Date September 12, 2012 amending Section 2 03 10 of the Bremerton COUNCIL MEETING Date October 17, 2012 Municipal Code relating to the Mayor's Department Finance compensation Presenter Becky Hasart Phone 473 -5722 SUMMARY: The proposed ordinance amends Section 2 03 010 of the Bremerton Municipal Code to reduce the Mayor's salary and eliminate the cost of living adjustment ATTACHMENTS: Proposed Ordinance FISCAL IMPACTS (Include Budgeted Amount) BMC currently has the Mayor's salary at $122,424 with a COLA tied to that which the Teamster's would receive There was no COLA adjustment for 2012 and no adjustment for 2013 The incumbent Mayor is currently receiving $116,560 ($122,424 less her donation back to the City of $5,864 — equivalent to 12 furlough days) Because there is no COLA adjustment for 2013 and because the proposed ordinance would not be effective until January 1, 2014 (with the next election cycle), there is no fiscal impact for either 2012 or 2013 In 2014, the potential impact would be a $6,924 yearly savings based on the full $122,424 current salary APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to appr v Ordinance No 5 1� amending Section 2 03 010 of the Bremerton Municipal Code relating to th ayor's compensation STUDY SESSION ACTION: ❑ Consent Agenda 20 General Business ❑ Public Hearing COUNCIL PRESIDENT 111' COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Forth Updated 11/02/2011 ORDINANCE NO. 5l q 4 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 2 03 010 of the Bremerton Municipal Code relating to the Mayor's compensation WHEREAS, pursuant to the City Charter, the Mayor's salary is set by ordinance, and WHEREAS, Section 2 03 010 of the Bremerton Municipal Code adopted in 2003 established the Mayor's salary beginning in 2003, and WHEREAS, since 2003, the Mayor's salary has been adjusted by budget ordinances, and WHEREAS, the current salary established for the Mayor is $122,424, and WHEREAS, the City Council desires to amend Section 2 03 010 to reduce the Mayor's salary beginning January 1, 2014 and to make other amendments relating to the Mayor's compensation, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS. SECTION 1. Section 2 03 010 of the Bremerton Municipal Code entitled "Mayor" is hereby amended to read as follows 2.03.010 COMPENSATION Beginning January 1, 24032014 the Mayor of the City shall receive a base salary of thous seve Vll h 11 K11 wo ei g h ty t seve un ninety six a ll ($82,796) one hundred fifteen thousand -i'w, eighty • V 111V b1.111 dollars $115,500) per year plus benefits and annual eest of living ° if-a" as provided K to the management and professional employees of the City pursuant to Chapter 2 50 BMC SECTION2. Severabdq 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 of the remaining portion of this ordinance and the same shall remain in full force and effect SECTION3. 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 ' 1 Mayor's Salary i i PASSED by the City Council the day of , 2012 JIM McDONALD, Council President Approved this day of , 2012 PATTY LENT, Mayor ATTEST APPROVED AS TO FORM SHANNON CORIN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of 1 2012 EFFECTIVE the day of , 2012 ORDINANCE NO R \ Legal\ Legal \Ordmances\Executive\Mayor's Salary (2012) doc 2 Mayor's Salary AGENDA BILL CITY OF BREMERTON CITY COUNCIL eeeeeeeeeeeeeeeeeeeeeeeeeeeee eeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeeee SUBJECT: B & O Tax Code Revision Study Session Date September 12, 2012 Orclinawce 1Uo, 5185 COUNCIL MEETING Date October 17, 2012 r� h Department Finance �Jo Presenter Becky Hasart Phone 473 -5722 SUMMARY: Presented for consideration is a code revision related to the City's B & O tax The proposal raises the exemption of revenue subject to B & O tax from $60,000 00 to $80,000 00 beginning in 2013 and continues to raise the tax exemption an additional $20,000 00 a year for each year thereafter ATTACHMENTS: Proposed Ordinane4r the exemption of revenue subject to B & O tax FISCAL IMPACTS (Include Budgeted Amount) The fiscal impact can vary depending on how much revenue is received each year by our business community Based on 2011 numbers, this incremental increase to the exemption amount would have had a $50,573 impact The 2013 Mayors Proposed Budget projection for B &O receipts does anticipate passage of this ordinance APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY c- -- -- -- FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: 1 ) Move to approve Ordinance No J' 9 5 raising the exemption of revenue subject to B & O tax M�v2 to �,��►, - orb t�rd� N�, 51`l STUDY SESSION ACTION: ❑ Consent Agenda General B mess 4Public Hearing COUNCIL PRESIDENT C /, COUNCIL ACTION: ❑ Approve � ❑Deny ❑Table El Continue ❑ No Action i Form Updated 11/02/2011 1 i ORDINANCE NO. 5 195 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 3 48 050 entitled Imposition of the Tax — Tax or Fee Levied" to raise the exemption of revenues from business and occupation taxes. WHEREAS, it is the intent of the City Council to encourage growth and attract new businesses to the City of Bremerton, and WHEREAS, the City Council believes that providing a greater exemption of revenues from business and occupation taxes will serve to encourage desired expansion of existing businesses and attract new businesses to the City of Bremerton, and WHEREAS, the City Council desires to amend Section 3 48 050 of the Bremerton Municipal Code to raise the exemption of revenues from business and occupation taxes, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS. SECTION 1. Section 3 48.050 of the Bremerton Municipal Code entitled "Imposition of the Tax — Tax or Fee Levied" is hereby amended to read as follows- 3.48.050 IMPOSITION OF THE TAX — TAX OR FEE LEVIED. (1) Imposition of the Tax — Tax or Fee Levied. Except as provided in subsection (2) of this section, there is hereby levied upon and shall be collected from every person a tax for the act or privilege of engaging in business activities within the City, whether the person's office or place of business be within or without the City The tax shall be in amounts to be determined by application of rates against gross proceeds of sale, gross income of business, or value of products, including by- products, as the case may be, as follows: (a) Extractor. Upon every person engaging within the City, in business as an extractor, as to such persons the amount of the tax with respect to such business shall be equal to the value of the products, including by- products, extracted for sale or for commercial or industrial use, multiplied by the rate of one and six- tenths of one percent (0 0016) The measure of the tax is the value of the products, including by- products, so extracted, regardless of the place of sale or the fact that deliveries may be made to points outside the City j(b) Manufacturer Upon every person engaging within the City in business as a manufacturer, as to such persons the amount of the tax with respect to such business shall be equal to the value of the products, including by- products, manufactured, multiplied by the rate of one and six- tenths of one percent (0 0016) The measure of the tax is the value of the products, including by- products, so manufactured, regardless of the place of sale or the fact that deliveries may be made to points outside the City. (c) Wholesale Upon every person engaging, within the City, in the business of making sales at wholesale, as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of such sales of the business without regard to the place of B & O Tax - Exemption I delivery of articles, commodities or merchandise sold, multiplied by the rate of one and six - tenths of one percent (0.0016). (d) Retail Upon every person engaging, within the City, in the business of making sales at retail; as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of such sales of the business without regard to the place of delivery of articles, commodities or merchandise sold, multiplied by the rate of one and one - quarter of one percent (0.00125) (e) Printing and Publishing Upon every person engaging, within the City, in the business of (1) printing, (ii) both printing and publishing newspapers, magazines, periodicals, books, music, and other printed items, (iii) publishing newspapers, magazines and periodicals, (iv) extracting for hire, and (v) processing for hire, as to such persons, the amount of tax on such business shall be equal to the gross income of the business multiplied by the rate of one and nine - tenths of one percent (0 0019) (f) Retail Service Upon every person engaging, within the City, in the business of making sales of retail services, as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of sales multiplied by the rate of two - tenths of one percent (0 002) (g) Service Upon every other person engaging, within the City, in any business activity other than or in addition to those enumerated in the above subsections, as to such persons, the amount of tax on account of such activities shall be equal to the gross income of the business multiplied by the rate of two - tenths of one percent (0 002) This subsection includes, among others, and without limiting the scope hereof (whether or not title to material used in the performance of such business passes to another by accession, merger or other than by outright sale), persons engaged in the business of developing, or producing custom software or of customizing canned software, producing royalties or commissions, and persons engaged in the business of rendering any type of service which does not constitute a sale at retail or a sale at wholesale or a retail service (2) Tax Exemption (a) whose gross pr-eeeeds of sales, gross meeme of the business, and value of produets, ifteluding by- yeaf: is equal to or- less than twenty theusand dellaFs ($20,009* Beginning on januafy 1, 2007, the gf:ess meeipts ta* impesed in this seetieft shall net apply to any per-soft whose gross pr-eeeeds of sales, gross ineeme of the business, and valtie City dur-mg any ealefidaf year- is equal to or- less than feAy thousand dollars ($40,000) Per-sons with gross ineeme exeeeding fei4y thousand dollars ($40,000) per- year- shall be ta*ed only en the year- Begi nning o__ an - y 1, 2 808, dit-The g ross receipts tax imposed in this section shall not apply to any person whose gross proceeds of sales, gross income of the business, and value of products, including by- products, as the case may be, from all activities conducted within the City during any calendar year is equal to or less than sixty thousand dollars ($60,000) "Tax Exemption': Persons with gross income exceeding sixty thousand dollars ($60,000) per year shall be taxed only on the amount of gross income exceeding sixty thousand dollars ($60,000) per year 2 B & 0 Tax - Exemption (b) Beginning on January 1, 2013 and each year thereafter, the Tax Exemption set forth in subsection shall be increased by an additional twenty thousand dollars ($20,000 ") for each year as follows- Year 2013 - the Tax Exemption shall be $80,000 Year 2014 - the Tax Exemption shall be $100,000 Year 2015 - the Tax Exemption shall be $120,000 Year 2016 - the Tax Exemption shall be $140,000 This formula for the Tax Exemption shall continue until no taxes are due to be received by the City in any tax year at which time the business and occupation tax shall terminate unless the formula is modified as set forth in subsection (2)(c) below. (c) The tax reduction formula in subsection (2)(b) above may be- (i) Accelerated at any time, (ii) Stayed for a period of time as determined by the City Council upon findings by the City Council that fiscal and budget conditions of the City necessitate a stay of the tax reduction, or (iii) The business and occupation tax is terminated by ordinance adopted by the City Council The actions by City Council to accelerate or stay implementation of the tax reduction is subsections 2(b)(1) and 2(b)(ii) above may be made by motion or other action of the City Council (3) Job Credits It is the intent of the City Council to encourage growth and attract new business to the City To that end, the City Council finds that an incentive measured by a business's growth in fobs is a meaningful method of attracting and retaining such businesses Therefore, the incentive in this section is specifically targeted at new full -time positions A basic credit is made available to all businesses located in the City. (a) Subject to the limits in this section, an eligible person is allowed a credit against the tax due under this chapter The credit is based on a qualified employment position located within the City (i) The credit shall be five hundred dollars ($500 00) for each qualified employment position within the City, which positions were created on or after January 1, 2007, the "effective date " A credit is earned for the calendar year in which the employee is hired to fill the position, plus the four (4) subsequent consecutive years, if the position, along with the company's increased workforce of eligible persons, is maintained during the entire period a. Credit may not be taken for hiring persons into positions existing on the effective date Credit is authorized for new employees hired for new positions created on or after the effective date, which result in an increase in the total workforce of the business located in the City New positions filled by existing employees are eligible for the credit under this section only if the position vacated by the existing employee is filled by a new hire b If filled before July 1st of any given year, a newly created position is eligible for a full yearly credit If filled after June 30th, the position is eligible for only a half credit for the first calendar year c Credit may not be accrued and carried forward or back No refunds may be granted for unused portion of credits under this section If the position is filled during the calendar year, after the filing of a quarterly tax period, an amended first or third quarter tax return will be allowed, if appropriate, to qualify all the credit to which the employer is entitled for that year I I 3 B & O Tax - Exemption I I (ii) For the purposes of this section. a "Eligible person" means a person or company who resides in the City and is engaging in a business activity within the City. b "Qualified employment position" means a permanent, full - time position with compensation of at least a "family wage" within twelve (12) months after the date of hire (allowing for training time and a probation period) If an employee is either voluntarily or involuntarily separated from employment, the employment position is considered filled on a full -time basis during a period not to exceed three (3) months if the employer is actively recruiting a replacement employee c "Family wage," beginning January 1, 2007, is seventeen dollars and eleven cents ($17 11) an hour This is the annual average wage in Kitsap County for 2004, developed by the Washington State Employment Security Department, Labor Market and Economic Development Division ( "ES202 ") This amount will be adjusted annually beginning on January 1, 2008, by an amount equal to the increase in the Consumer Price Index ( "CPI ") for Urban Wage Earners, Tacoma - Seattle - Bremerton area, of the prior year If the CPI increase is more than five (5) percent, a five (5) percent increase will be used in computing the basis d The purchase of an existing business does not create an allowance of the credit for existing positions (iii) No application is necessary for the tax credit, however, information must be submitted for each new employee position for which credit is requested, and included with the first tax return in which the credit is claimed The person must keep records necessary for the City to verify eligibility under this section This information includes a Employment records, including Washington State and federal tax returns, for the current year and previous five (5) years, and b Information relating to description of business activity engaged in at the eligible location by the employee (b) If at any time the Director finds that an employer is not eligible or has lost eligibility for a tax credit under this section, the total amount of taxes for which a credit has been claimed for current and prior periods shall be immediately due (4) The tax levied pursuant to this chapter shall be in addition to any other tax or fee that may be imposed or levied by the City of Bremerton SECTION 2. Severability If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full 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 2012 JIM McDONALD, Council President 4 B & 0 Tax - Exemption Approved this day of 2012 PATTY LENT, Mayor ATTEST APPROVED AS TO FORM SHANNON CORIN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of 2012 EFFECTIVE the day of 2012 ORDINANCE NO ' R \Legal \Legal \Ordmances\Finance \B & O Tax Exemption 2012 - Exemption doc 5 B & 0 Tax - Exemption ORDINANCE NO. 519t, AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 3 48.050 entitled Imposition of the Tax — Tax or Fee Levied" to eliminate business and occupation taxes for those engaged in the business as a manufacturer WHEREAS, it is the intent of the City Council to encourage growth and attract new businesses to the City of Bremerton, and WHEREAS, the City Council believes that reducing taxable revenues from business and occupation taxes will serve to encourage desired expansion of existing businesses and attract new businesses to the City of Bremerton; and WHEREAS, the City Council desires to amend Section 3 48 050 of the Bremerton Municipal Code to eliminate business and occupation taxes for those engaged in the business as a manufacturer, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION]. Section 3 48 050 of the Bremerton Municipal Code entitled "Imposition of the Tax — Tax or Fee Levied" is hereby amended to read as follows. 3.48.050 IMPOSITION OF THE TAX — TAX OR FEE LEVIED. (1) Imposition of the Tax — Tax or Fee Levied Except as provided in subsection (2) of this section, there is hereby levied upon and shall be collected from every person a tax for the act or privilege of engaging in business activities within the City, whether the person's office or place of business be within or without the City. The tax shall be in amounts to be determined by application of rates against gross proceeds of sale, gross income of business, or value of products, including by- products, as the case may be, as follows (a) Extractor Upon every person engaging., within the City in business as an extractor, as to such persons the amount of the tax with respect to such business shall be equal to the value of the products, including by- products, extracted for sale or for commercial or industrial use, multiplied by the rate of one and six- tenths of one percent (0 0016) The measure of the tax is the value of the products, including by- products, so extracted, regardless of the place of sale or the fact that deliveries may be made to points outside the City (b) Manufacturer No tax pursuant to Section 3 48 050(1) shall be imposed upo n - Upon ever-yAny person engaging., within the City in business as a manufacturer_, as to sue4t per-sons the amount of the teif vath Fespeet to sueh business shall be equa4 te the value ef the ene pefeent (0 00 16). The meme ee of the tax is the value of the pr-oduras, ineluding by , so manufaetured, r-eg"ess of the plaee of sale of the faet that deliveftes may be made to Points eutside the -City- 1 B & 0 Tax - Manufacturer (c) Wholesale Upon every person engaging within the City, in the business of making sales at wholesale, as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of such sales of the business without regard to the place of delivery of articles, commodities or merchandise sold, multiplied by the rate of one and six - tenths of one percent (0 00 16) (d) Retail. Upon every person engaging, within the City, in the business of making sales at retail, as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of such sales of the business without regard to the place of delivery of articles, commodities or merchandise sold, multiplied by the rate of one and one - quarter of one percent (0 00 125) (e) Printing and Publishing Upon every person engaging, within the City, in the business of (i) printing, (ii) both printing and publishing newspapers, magazines, periodicals, books, music, and other printed items, (iii) publishing newspapers, magazines and periodicals, (iv) extracting for hire, and (v) processing for hire, as to such persons, the amount of tax on such business shall be equal to the gross income of the business multiplied by the rate of one and nine - tenths of one percent (0 00 19) (f) Retail Service. Upon every person engaging, within the City, in the business of making sales of retail services, as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of sales multiplied by the rate of two- tenths of one percent (0 002) (g) Service Upon every other person engagm& within the City, in any business activity other than or in addition to those enumerated in the above subsections, as to such persons, the amount of tax on account of such activities shall be equal to the gross income of the business multiplied by the rate of two- tenths of one percent (0 002) This subsection includes, among others, and without limiting the scope hereof (whether or not title to material used in the performance of such business passes to another by accession, merger or other than by outright sale), persons engaged in the business of developing, or producing custom software or of customizing canned software, producing royalties or commissions, and persons engaged in the business of rendering any type of service which does not constitute a sale at retail or a sale at wholesale or a retail service (2) Exemption The gross receipts tax imposed in this section shall not apply to any person whose gross proceeds of sales, gross income of the business, and value of products, including by- products, as the case may be, from all activities conducted within the City during any calendar year is equal to or less than twenty thousand dollars ($20,000) Beginning on January 1, 2007, the gross receipts tax imposed in this section shall not apply to any person whose gross proceeds of sales, gross income of the business, and value of products, including by- products, as the case may be, from all activities conducted within the City during any calendar year is equal to or less than forty thousand dollars ($40,000) Persons with gross income exceeding forty thousand dollars ($40,000) per year shall be taxed only on the amount of gross income exceeding forty thousand dollars ($40,000) per year Beginning on January 1, 2008, the gross receipts tax imposed in this section shall not apply to any person whose gross proceeds of sales, gross income of the business, and value of products, including by- products, as the case may be, from all activities conducted within the City during any calendar year is equal to or less than sixty thousand dollars ($60,000) Persons with gross income exceeding sixty thousand dollars ($60,000) per year shall be taxed only on the amount of gross income exceeding sixty thousand dollars ($60,000) per year 2 B & 0 Tax - Manufacturer (3) Job Credits It is the intent of the City Council to encourage growth and attract new business to the City To that end, the City Council finds that an incentive measured by a business's growth in jobs is a meaningful method of attracting and retaining such businesses. Therefore, the incentive in this section is specifically targeted at new full -time positions. A basic credit is made available to all businesses located in the City. (a) Subject to the limits in this section, an eligible person is allowed a credit against the tax due under this chapter The credit is based on a qualified employment position located within the City (i) The credit shall be five hundred dollars ($500 00) for each qualified employment position within the City, which positions were created on or after January 1, 2007, the "effective date " A credit is earned for the calendar year in which the employee is hired to fill the position, plus the four (4) subsequent consecutive years, if the position, along with the company's increased workforce of eligible persons, is maintained during the entire period a. Credit may not be taken for hiring persons into positions existing on the effective date Credit is authorized for new employees hired for new positions created on or after the effective date, which result in an increase in the total workforce of the business located in the City New positions filled by existing employees are eligible for the credit under this section only if the position vacated by the existing employee is filled by a new hire b If filled before July 1 st of any given year, a newly created position is eligible for a full yearly credit If filled after June 30th, the position is eligible for only a half credit for the first calendar year c Credit may not be accrued and carved forward or back No refunds may be granted for unused portion of credits under this section If the position is filled during the calendar year, after the filing of a quarterly tax period, an amended first or third quarter tax return will be allowed, if appropriate, to qualify all the credit to which the employer is entitled for that year (ii) For the purposes of this section a "Eligible person" means a person or company who resides in the City and is engaging in a business activity within the City b. "Qualified employment position" means a permanent, full - time position with compensation of at least a "family wage" within twelve (12) months after the date of hire (allowing for training time and a probation period) If an employee is either voluntarily or involuntarily separated from employment, the employment position is considered filled on a full -time basis during a period not to exceed three (3) months if the employer is actively recruiting a replacement employee c "Family wage," beginning January 1, 2007, is seventeen dollars and eleven cents ($17 11) an hour This is the annual average wage in Kitsap County for 2004, developed by the Washington State Employment Security Department, Labor Market and Economic Development Division ( "ES202 ") This amount will be adjusted annually beginning on January 1, 2008, by an amount equal to the increase in the Consumer Price Index ( "CPI ") for Urban Wage Earners, Tacoma - Seattle - Bremerton area, of the prior year If the CPI increase is more than five (5) percent, a five (5) percent increase will be used in computing the basis d The purchase of an existing business does not create an allowance of the credit for existing positions 3 B & 0 Tax - Manufacturer (iii) No application is necessary for the tax credit; however, information must be submitted for each new employee position for which credit is requested, and included with the first tax return in which the credit is claimed. The person must keep records necessary for the City to verify eligibility under this section. This information includes a. Employment records, including Washington State and federal tax returns, for the current year and previous five (5) years, and b Information relating to description of business activity engaged in at the eligible location by the employee. (b) If at any time the Director finds that an employer is not eligible or has lost eligibility for a tax credit under this section, the total amount of taxes for which a credit has been claimed for current and prior periods shall be immediately due (4) The tax levied pursuant to this chapter shall be in addition to any other tax or fee that may be imposed or levied by the City of Bremerton SECTION2. Severabdity 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 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 31 2012 JIM McDONALD, Council President Approved this day of 9 2012 PATTY LENT, Mayor ATTEST APPROVED AS TO FORM. SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney t PUBLISHED the day of , 2012 EFFECTIVE the day of , 2012 ORDINANCE NO i R \Legal \Legal \Ordmances\Finance\B & O Tax Exemption 2012- Manufactunng doe i 4 B & O Tax - Manufacturer I � 1 From The Printer People < parker @net -nw com> Sent Wednesday, October 17, 2012 4 31 PM To City Council Subject Business & Occupation Tax - Agenda Item Honorable Councdpersons As a business owner in Bremerton, I applaud the council stepping forward to work on goals expressed in the council retreat earlier this year As we all know, the Business and Occupation Tax is one of the items that some of our businesses see as an unfair disadvantage placed upon our city businesses that others surrounding our city are not subjected to Can the city really justify an increase in business services or benefit for the additional tax paid This becomes more important as the economy continues to lag As an example, I have continued to report a certain copier dealership from Tacoma that continues to operate within Bremerton's borders without a license or paying Bremerton's B &O Tax The Tacoma copier dealership while delivering expensive copier systems and maintenance contacts within our city borders enjoys a financial advantage due to the licensing and B &O requirements placed on our copier dealerships within Bremerton's borders What the council may not understand is that in the example identified, those city businesses are competing in a 3% to 4% net mark -up market for at times multiple year contracts with tens of thousands of dollars hanging in the balance In the interest of clarity, I do not sell this class of machines or compete in the specific market I have used in the example The B &O tax burden does truely make a difference Raising the exemption levels and slowly over time doing away with B &O is a thing the council could do to assist our local city businesses Our City of Bremerton businesses have been under siege the last couple years and need your help The smallest are the most vulnerable, need your help the most and desparately need to hear that the council is listening, responsive and looking for innovative ways to help hold them up Bremerton is losing businesses at a more rapid rate than before and quick response gives the best opportunity to send an encouraging message Now is not the time to kick the can for even a few months I encourage the council to act now rather than defer this agenda item to be soon swallowed into the budget negotiations Thank you, Robert Parker The Printer People, Inc 343 N Callow Ave Bremerton, WA 98312 360- 377 -6540 360- 377 -2356 fax parker(aMscnet com 1 From Tom Bailey <twbadey35 @gmad com> Sent Wednesday, October 17, 2012 1 08 PM To City Council The proposal for the B &O Tax should move forward In the present economy, it would be very helpful to small businesses that are in operation now and those that will be coming to our city in the near future This is a step forward for our city Tom Bailey i f To: City. Gouncil ,ci.bremerton.wa.us Subject: B &O Tax Proposal It would be helpful to our businesses in Bremerton if the council was to move forward with raising the threshold that the city starts charging B &O tax. It's time the council started addressing the tax that everyone loves to hate. Future raises to eventually eliminate the tax completely over time could be a positive thing for all of our business from small to large. It could also help keep and attract the small businesses that will hold up our communities for the future and fuel our city tax, base. It is a tough economy for small businesses and this is a small way the city can show a good faith effort in helping us to help you. We are attempting to employee our local people and anything you m do to assist would be appreciated. Saul Vargas La Poblanita Business Owner (& resident ?) r i From: Saul Vargas <saulvplata @yahoo corn> Sent: Tuesday, October 16, 2012 6 04 PM M e To: City Council Subject: B&O Tax Proposal Attachments: photo JPG, ATT850528 txt i From Adam Brockus Sent Sunday, October 14, 2012 11 24 PM To Greg Wheeler Cc City Council Subject Request to table "B &O Tax" Vice - President Wheeler, Last Saturday, I asked Mayor Lent why there was still a 20 5% PILOT in the budget, and she said it was done in consideration that the Rate Study had not been completed and that we were increasing the B &O Tax Exemption is Wednesday In consideration of this, I believe that we should pass or not pass the B &O Bill when we consider the rest of the budget in December Therefore, I request that the Agenda Bill be Continued until the time that we consider the Budget, currently scheduled for December 5, 2012 Respectfully Submitted, Adam Brockus District 3 1 J From Christine Grenier on behalf of City Council Sent Monday, October 22, 2012 8 36 AM To City Council Subject Response to Citizen Letter - B/O tax (Brian Truesdale) Attn Council Members (FYI) From: Jim McDonald Sent: Saturday, October 20, 2012 6 43 PM To: tangy @silverlink net Cc: City Council Subject: FW Citizen Letter - B/0 tax (Brian Truesdale) Mr Truesdale, I am a big proponent of eliminating the B & 0 tax in Bremerton for two main reasons First, the tax is applied to gross revenue (not net income) So a business can be losing money and still have to pay the B & 0 tax This dust isn't fair Secondly, no other area in the County (except Bainbridge Island) has a B & 0 tax So when businesses are deciding where to locate, why would they locate in Bremerton if it costs them more than any other place in the County? While Bainbridge Island does have a B & 0 tax, they exempt the first $200,000 of revenue The ordinance the City just passed raised the exemption from $60,000 to $80,000 next year This will continue each year unless the Council specifically acts to postpone the next increase in the exemption So by reducing and eventually eliminating this tax, we level the playing field The goal is to have more businesses locate in Bremerton In the long run, the City will make additional revenue from increased property taxes and additional sales taxes R , Jim McDonald Bremerton City Council District 1 From: Christine Grenier on behalf of City Council Sent: Mon 10/15/2012 3 22 PM To: 'tangy' Subject: Citizen Letter - B/0 tax (Brian Truesdale) Dear Mr Truesdale, Thank you for your letter which has been shared with the Council Members, Mayor, and Finance Director for their review and consideration Sincerely, Christine Grenier Council /Auditor Assistant City of Bremerton (360) 473 -5280 1 From tangy <tanj@silverlink net> Sent Sunday, October 14, 2012 9 27 AM To City Council Subject B/O tax I've been following the discussions on removing the business portion of the B/0 tax I think if you do that the "0" part be removed also Why should business's continue to get breaks from the different parts of the government local, county state, federal and we the people get taxed more Repeal all of it or none of it I'm extremely tired of hearing "business's need a break so they can hire more I don't see more hiring at all Brian Truesdale 1408 4 th St District 4 1 From GARY REED <gar_ree @msn com> Sent Friday, September 07, 2012 11 36 AM To City Council Subject B and O tax I read the article in the Sun about the city looking at reducing and eventually eliminating the B &O tax to lure businesses into town Good step, I thought, but then I realized the lost revenue will need to come from somewhere, and where else but more or increased taxes for the residents Which taxes are going to increase? You already take $20 per vehicle license for road repair, but only for good or fair roads, not those in poor condition That means the bad roads will never get repaired because there are always good or fair roads to repair Speaking of road repair, I am watching the portion of 18th Street between Perry Ave. and Winfield with some interest It seems someone has attempted to patch the poor repair fob from the water main replacement done several years ago by adding what appears to be asphalt left over from another fob I called the PW department and the nice lady who answered the telephone did not have anything listed as a repair for that street Interesting Anyway, the previously repaired the road continues to sink below grade Maybe the residents on that street are doing it themselves Gary Reed