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Home My WebLink About01/09/2019 STUDY SESSION PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280 * * * AMENDED * * * JANUARY 09, 2019 CITY COUNCIL STUDY SESSION 5:00 PM in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public, and except for “Item D”, there will be no opportunities for input or participation; no action is anticipated; and the content of these items is subject to change. If approved by Council, the items will be placed on the January 16, 2019 Council Meeting Agenda: A. BRIEFINGS ON AGENDA ITEMS - The following are budgeted items previously discussed during Budget Workshops or subjects that were raised with the appropriate Committee: 1. Purchase of 2019 Property Insurance with Hartford Fire Insurance Company; Earthquake Insurance with Empire Indemnity Insurance Company/General Security Company of Arizona; and Terrorism Insurance with Lloyds of London 2. Purchase of Aviation Insurance with Global Aerospace for City of Bremerton's Unmanned Aircraft System (UAS) 3. Purchase of Cyber Insurance with AXA XL Catlin 4. Tourism Promotion Services Agreement with Bremerton Chamber of Commerce 5. Tourism Promotion Services Agreement with Visit Kitsap Peninsula 6. Tourism Promotion Services Agreement with Washington State Science & Engineering Fair 7. Tourism Promotion Services Agreement with Bremerton Historic Ships Association 8. Professional Services Agreement with Herrera, Inc. for the Design of the Pine Road Sub-Basin Stormwater Improvements Project 9. Clean Water State Revolving Fund Loan for the Oyster Bay Beach Sewer Upgrades Project Pulled 10. Fuel Tax Grant Agreement with Transportation Improvement Board (TIB) for the East 11th Street & Perry Avenue Reconstruction Project 11. Professional Services Agreement with FCS Group for Engineering Division Workload Study 12. Resolution of Support for the City of Bremerton's 2019 Legislative Requests B. DISTRICT 4 CANDIDATE INTERVIEWS – 6:00 PM in the First Floor Chambers C. EXECUTIVE SESSION 30-Minutes to discuss "Qualifications of Applicants/Candidates for Appointment to Elective Office", allowed under RCW 42.30.110 (1)(h) D. APPOINTMENT OF DISTRICT 4 COUNCIL MEMBER – To serve until the results of the next Municipal General Election on November 5, 2019 are certified... E. GENERAL COUNCIL BUSINESS – Council Conference Room 603 Audit Committee Briefing (12/17/18 Special Meeting) – 2018 Chair Leslie Daugs Public Works Committee Briefing (12/18/18 Meeting) – 2018 Chair Pat Sullivan Other General Council Business (As necessary...) F. ADJOURNMENT OF STUDY SESSION Immediately following adjournment of the Council Meeting, an EXEMPT CLOSED SESSION allowed under RCW 42.30.140 (4) (b), will be held to discuss Labor Negotiations or Proceedings… Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the City Clerk’s Office at (360) 473-5323 at least 24 hours prior to the meeting. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of 2019 Property Insurance with Hartford Fire Insurance Company; Earthquake Insurance with Empire Indemnity Insurance Company / General Security Company of Arizona; and Terrorism Insurance with Lloyds of London Study Session Date: January 9, 2019 COUNCIL MEETING Date: January 16, 2019 Department: City Attorney’s Office – Risk Management Presenter: Melisa Vaal Folmer Phone: (360) 473-5302 SUMMARY: The Bremerton Municipal Code authorizes the Risk Management Specialist, with the approval of the City Attorney, to bind property insurance coverage on City assets and requires City Council approval for the continuation of the bound coverage. Property insurance coverage for 2019 has been bound with Hartford Fire Insurance Company, along with excess earthquake coverage with Empire Indemnity Insurance Company/General Security Company of Arizona and terrorism coverage with Lloyds of London. The 2019 annual premium is $341,821. Coverage is subject to a $100,000 deductible for most losses. Earthquake insurance is only provided for the Wastewater Treatment Plant, the Harborside Conference Center, the Harborside Sculptures and Fountains, and the PSNS Memorial Plaza. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): Sufficient funds have been budgeted in the Risk Management Fund for this expenditure for 2019. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of the 2019 property insurance bound with Hartford Fire Insurance Company, Empire Indemnity Insurance Company/ General Security Company of Arizona and Lloyds of London, in the amount of $341,821. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A1 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of Aviation Insurance from Global Aerospace for City of Bremerton’s Unmanned Aircraft System (UAS) Study Session Date: January 9, 2019 COUNCIL MEETING Date: January 16, 2019 Department: City Attorney’s Office – Risk Management Presenter: Melisa Vaal Folmer Phone: (360) 473-5302 SUMMARY: The Bremerton Municipal Code authorizes the Risk Management Specialist, with the approval of the City Attorney, to negotiate with insurance brokers and recommend that the City purchase such insurance. It is recommended that the City purchase Aviation insurance with Global Aerospace for the City’s drone aka Unmanned Aircraft System (UAS). The City currently has one UAS. The total annual premium for this UAS would be $534 per year. This Aviation policy would be amended as the City purchases additional UAS to not exceed $2,450. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): Sufficient funds have been budgeted in the Risk Management Fund for this expenditure for 2019. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of Aviation insurance for the City’s UAS with Global Aerospace, and to amend the Aviation policy as the City purchases additional UAS to not exceed $2,450. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A2 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of Cyber Insurance with AXA XL Catlin Study Session Date: January 9, 2019 COUNCIL MEETING Date: January 16, 2019 Department: City Attorney’s Office – Risk Management Presenter: Melisa Vaal Folmer Phone: (360) 473-5302 SUMMARY: The Bremerton Municipal Code authorizes the Risk Management Specialist, with the approval of the City Attorney, to negotiate with insurance brokers and recommend that the City purchase such insurance. It is recommended that the City purchase Cyber insurance with AXA XL Catlin. The total annual premium would be $22,000 per year. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): Sufficient funds have been budgeted in the Risk Management Fund for this expenditure for 2019. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of Cyber insurance with AXA XL Catlin in the amount of $22,000. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A3 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Tourism Promotion Services Agreement with Bremerton Chamber of Commerce Study Session Date: January 9, 2019 COUNCIL MEETING Date: January 16, 2019 Department: Finance Presenter: Melinda Monroe Phone: (360) 473-5306 SUMMARY: The Lodging Tax Advisory Committee recommended lodging tax funds be granted to applicants in 2018 for 2019 funds. City Council approved recommendations at the Council Meeting held November 20, 2018. The Council adopted the 2019 budget with Ordinance No. 5360 which included the recommendations for the award of Lodging Tax Funds to the Chamber of Commerce in the amount of $30,000.00. ATTACHMENTS: Tourism Promotion Services Agreement FISCAL IMPACTS (Include Budgeted Amount): $30,000.00 of the total $829,000 budgeted in the Lodging Tax Fund for 2019 STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Tourism Promotion Services Agreement with the City of Bremerton Chamber of Commerce in the amount of $30,000.00; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A4 Bremerton/Bremerton Chamber Page 1 of 4 TOURISM PROMOTION SERVICES AGREEMENT Bremerton Chamber of Commerce The City of Bremerton (“City”) and Bremerton Chamber of Commerce (“Organization”), referred to collectively as the “Parties,” enter into the following Agreement for Tourism Promotion services: I.Scope: The Organization shall provide tourism promotion services for the City. Tourism promotion shall mean activities and expenditures designed to increase tourism to the City. Tourism promotion activities may include, but are not limited to, advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists to the City. The Organization shall provide to the City a work plan attached hereto as Exhibit A setting forth its goals and objectives for successful tourism promotion. The event(s) promoted by Organization must occur within the agreement Term, unless otherwise agreed to in writing by the City. II.Term: This agreement shall commence on January 1, 2019 and shall continue in full force and effect until December 31, 2019 unless terminated earlier pursuant to Section IX of this Agreement. III.Compensation: In consideration of the services provided pursuant to this Agreement City shall pay the Organization an amount not to exceed Thirty Thousand Dollars ($30,000.00) for Tourism Promotion services. However, funding for this Agreement is subject to the actual Hotel/Motel Tax funds received by the City. If Hotel/Motel Tax receipts are lower than budgeted funding may be decreased. Payment will be released when the following has been fulfilled: a.The Organization shall submit monthly billing invoices, by the 15th of the month, detailing how activities and services performed by the Organization during the preceding month have specifically promoted tourism in the City of Bremerton including measurable results. b.The Organization will provide proof of insurance, agree to the use of Automated Clearing House (ACH) Direct Deposit, a signed W-9, and current City Business license. Upon receipt of a conforming billing invoice, the City shall promptly process payment. If a billing invoice does not conform to this Agreement, the City may withhold payment until the invoice is brought into compliance. Sample of a conforming invoices and support is provided in Exhibit B. a.Such withholding does not relieve the Organization of its obligations under this Agreement. Failure by the Organization to submit all conforming billing invoices by January 10th , 2020 after the expiration of this Agreement may result in the forfeiture of remaining unbilled compensation. The Organization shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Bremerton/Bremerton Chamber Page 2 of 4 IV.Relationship of Parties: The Organization represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. The Organization and its personnel are independent contractors and not employees of the City. The Organization and its personnel have no authority to bind the City or to control the City’s employees and other contractors. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemploym ent insurance are available from the City to the employees, agents, representatives, or sub-consultants of the Organization. Organization will be solely and entirely responsible for its acts and for the acts of the Organization's agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work. As an independent contractor, the Organization is responsible for its own management. The City’s administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Organization or its personnel. As an independent contractor, Organization is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Organization. V.Indemnification: Organization shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. VI.Insurance: Prior to and during the performance of the work covered by this Agreement, Organization shall provide the Risk Manager for the City with evidence that it has obtained and maintains in full force and effect during the term of this Agreement comprehensive general liability insurance coverage of at least $500,000.00 per occurrence. In the event Organization organizes, promotes or sponsors an event involving the sale or consumption of food or alcoholic beverages, Organization shall also provide evidence that it has obtained products liability and liquor liability insurance of at least $500,000.00 per occurrence, for each event. The City shall be named as additional insured and it shall be an affirmative obligation upon Organization to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. Bremerton/Bremerton Chamber Page 3 of 4 The Organization's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. VII.General Conditions: A. Reports and Information: When requested by the City, Organization shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested per Exhibit B. Organization shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Work Performed at Organization's Risk: Organization shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Organization's own risk, and Organization 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. C. Place of Work: The Organization shall perform the work authorized under this Agreement at its offices in Bremerton, Washington. Any necessary meetings with the City staff shall take place at the City's offices, or at locations mutually agreed upon by the parties. D.Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. E.Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. F.Modification: This Agreement may only be modified by written instrument signed by both Parties. G.Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address City Clerk 345 6th Street, Suite 100 Bremerton, WA 98337 Organization Address Denise Frey, President/CEO 286 4th Street Bremerton WA 98337 H.Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. Bremerton/Bremerton Chamber Page 4 of 4 I. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenan ts, agreements or options, and the same shall be and remain in full force and effect. J. Compliance with Laws: Organization shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. K. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. L. Attorneys’ Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney’s fees. M. Assignment: Any assignment of this agreement by the Organization without the written consent of the City shall be void. VIII. Nondiscrimination: Organization shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, sexual orientation or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement may be terminated by either party for convenience upon thirty (30) days written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all services Organization is providing to the City as of the effective date of termination. X. Termination of Other Contracts. This Agreement shall supersede all prior Agreements between the parties relating to the use of Hotel/Motel Tax. CITY OF BREMERTON BREMERTON CHAMBER OF COMMERCE By: Greg Wheeler By: Denise Frey its: Mayor its: President/CEO Date:____________________ Date:____________________ Approved as to form: Attest: ______________________ ________________________ Bremerton City Attorney City Clerk EXHIBIT A Page 1 of 1 Bremerton Chamber Scope of Services Funding will be spent on maintenance of the Chamber website, Mobile App, utilities, postage, staffing of the Visitor Center and supplemental funding for the Armed Forces Festival. EXHIBIT B Page 1 of 6 Bremerton Chamber of Commerce Payment Terms Payment will be released when the following has been fulfilled: 1) Direct Deposit (ACH Agreement) form, current W-9, and City Business License have been received. 2) Monthly Fund Reimbursement Request form with support has been received, by the 15th of the month following services performed. a) Follow the services outlined in your scope of work, include the funding reimbursement form (Form B.3.2019) incorporated into this contract via Exhibit B. 3) Please note that payment can be held up for the following: a) If a prior year award reporting is not submitted by March 1, 2019 via the attached reporting form. b) If required support documents are not received including: Automated Clearing House (ACH) Direct Deposit form, W-9, Copies of Receipts and Invoices for Reimbursement, and City Business license. EXHIBIT B Page 2 of 6 Bremerton Chamber of Commerce EXHIBIT B Page 3 of 6 Bremerton Chamber of Commerce EXHIBIT B Page 4 of 6 Bremerton Chamber of Commerce EXHIBIT B Page 5 of 6 Bremerton Chamber of Commerce EXHIBIT B Page 6 of 6 Bremerton Chamber of Commerce AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Tourism Promotion Services Agreement with Visit Kitsap Peninsula Study Session Date: January 9, 2019 COUNCIL MEETING Date: January 16, 2019 Department: Finance Presenter: Melinda Monroe Phone: (360) 473-5306 SUMMARY: The Lodging Tax Advisory Committee recommended lodging tax funds be granted to applicants in 2018 for 2019 funds. City Council approved recommendations at the Council Meeting held November 20, 2018. The Council adopted the 2019 budget with Ordinance No. 5360 which included the recommendations for the award of Lodging Tax Funds to Visit Kitsap Peninsula in the amount of $40,000.00. ATTACHMENTS: Tourism Promotion Services Agreement FISCAL IMPACTS (Include Budgeted Amount): $40,000.00 of the total $829,000 budgeted in the Lodging Tax Fund for 2019 STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Tourism Promotion Services Agreement with Visit Kitsap Peninsula in the amount of $40,000.00; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A5 Bremerton/VKP Page 1 of 4 TOURISM PROMOTION SERVICES AGREEMENT Visit Kitsap Peninsula The City of Bremerton (“City”) and Visit Kitsap Peninsula (“Organization”), referred to collectively as the “Parties,” enter into the following Agreement for Tourism Promotion services: I. Scope: The Organization shall provide tourism promotion services for the City. Tourism promotion shall mean activities and expenditures designed to increase tourism to the City. Tourism promotion activities may include, but are not limited to, advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists to the City. The Organization shall provide to the City a work plan attached hereto as Exhibit A setting forth its goals and objectives for successful tourism promotion. The event(s) promoted by Organization must occur within the agreement Term, unless otherwise agreed to in writing by the City. II. Term: This agreement shall commence on January 1, 2019 and shall continue in full force and effect until December 31, 2019 unless terminated earlier pursuant to Section IX of this Agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement City shall pay the Organization an amount not to exceed Forty Thousand Dollars ($40,000.00) for Tourism Promotion services. However, funding for this Agreement is subject to the actual Hotel/Motel Tax funds received by the City. If Hotel/Motel Tax receipts are lower than budgeted funding may be decreased. Payment will be released when the following has been fulfilled: a. The Organization shall submit monthly billing invoices, by the 15th of the month, detailing how activities and services performed by the Organization during the preceding month have specifically promoted tourism in the City of Bremerton including measurable results. b. The Organization will provide proof of insurance, agree to the use of Automate Clearing House (ACH) Direct Deposit, a signed W-9, and current City Business license. Upon receipt of a conforming billing invoice, the City shall promptly process payment. If a billing invoice does not conform to this Agreement, the City may withhold payment until the invoice is brought into compliance. Sample of a conforming invoices and support is provided in Exhibit B. a. Such withholding does not relieve the Organization of its obligations under this Agreement. Failure by the Organization to submit all conforming billing invoices by January 10th , 2020 after the expiration of this Agreement may result in the forfeiture of remaining unbilled compensation. The Organization shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Bremerton/VKP Page 2 of 4 IV. Relationship of Parties: The Organization represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. The Organization and its personnel are independent contractors and not employees of the City. The Organization and its personnel have no authority to bind the City or to control the City’s employees and other contractors. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, an d unemployment insurance are available from the City to the employees, agents, representatives, or sub-consultants of the Organization. Organization will be solely and entirely responsible for its acts and for the acts of the Organization's agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work. As an independent contractor, the Organization is responsible for its own management. The City’s administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Organization or its personnel. As an independent contractor, Organization is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Organization. V. Indemnification: Organization shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: Prior to and during the performance of the work covered by this Agreement, Organization shall provide the Risk Manager for the City with evidence that it has obtained and maintains in full force and effect during the term of this Agreement comprehensive general liability insurance coverage of at least $500,000.00 per occurrence. In the event Organization organizes, promotes or sponsors an event involving the sale or consumption of food or alcoholic beverages, Organization shall also provide evidence that it has obtained products liability and liquor liability insurance of at least $500,000.00 per occurrence, for each event. The City shall be named as additional insured and it shall be an affirmative obligation upon Organization to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. Bremerton/VKP Page 3 of 4 The Organization's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. VII. General Conditions: A. Reports and Information: When requested by the City, Organization shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested per Exhibit B. Organization shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Work Performed at Organization's Risk: Organization shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Organization's own risk, and Organization 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. C. Place of Work: The Organization shall perform the work authorized under this Agreement at its offices in Bremerton, Washington. Any necessary meetings with the City staff shall take place at the City's offices, or at locations mutually agreed upon by the parties. D. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. E. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. F. Modification: This Agreement may only be modified by written instrument signed by both Parties. G. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Organization Address City Clerk Patricia Graf-Hoke 345 6th Street, Suite 100 9481 Silverdale Way NW Bremerton, WA 98337 Silverdale, WA 98383 H. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. Bremerton/VKP Page 4 of 4 I. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenan ts, agreements or options, and the same shall be and remain in full force and effect. J. Compliance with Laws: Organization shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. K. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. L. Attorneys’ Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney’s fees. M. Assignment: Any assignment of this agreement by the Organization without the written consent of the City shall be void. VIII. Nondiscrimination: Organization shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, sexual orientation or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement may be terminated by either party for convenience upon thirty (30) days written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all services Organization is providing to the City as of the effective date of termination. X. Termination of Other Contracts. This Agreement shall supersede all prior Agreements between the parties relating to the use of Hotel/Motel Tax. CITY OF BREMERTON VISIT KITSAP PENINSULA By: Greg Wheeler By: Patricia Graf-Hoke its: Mayor its: Director Date:____________________ Date:____________________ Approved as to form: Attest: ______________________ ________________________ Bremerton City Attorney City Clerk EXHIBIT A Page 1 of 1 Visit Kitsap Peninsula Scope of Services A. The VKP maintains a dedicated page for the City of Bremerton with Quick Links, photos and content key attractions City of Bremerton, Bremerton Chamber of Commerce, Downtown Bremerton Association, Bremerton Parks, and many businesses, attractions and events happening throughout the year. www.VisitKitsap.com/Bremerton B. VKP provides free listings on the VKP website and free marketing support in paid print, digital and social media sales channels. Please refer to #2 and #3 in the application and see attached “Marketing Samples PDF” C. VKP provides year-round support for popular annual community and cultural events as noted #11.b of the application and as identified/requested by event organizers, businesses and non-profit groups that host events. D. VKP pays contact staff to research and automatically post Bremerton’s events, attractions and activities on the VKP online Calendar of Events, VKP Blog, social media (Facebook, Instagram, Twitter) and in travel articles. E. Bremerton lodging establishments, attractions and events are automatically featured in numerous VKP visitor information/tourism brochures. Please see #4 of the application and “Marketing Samples PDF.” Bremerton is featured in the VKP Visitor Guide & Bike Map with annual printing of 40,000. The guides are distributed on the WA State Ferries, 134 visitor information locations, REI, and local visitor information locations. F. Bremerton and businesses and attractions are featured on the newly expanded Kitsap Peninsula National Water Trails print guide, distributed on the WA state ferries, out-of-area locations, and on the KPNWT website. G. Bremerton businesses, attractions, organizations, and events are feature on dozens of pages on the VKP website including Things-To-Do, Lodging, Dining, Arts & Culture, Agritourism, Parks, Nature & Environment, Recreation, Water Activities, Boating, Transportation, and other sections and pages. Please refer to #2 in the application. H. The VKP helps to promote Bremerton venues on new VKP website targeting wedding, special occasions, private-public meetings. Venues include the Kitsap Conference Center, Baymont, Admiral Theater and other locations. I. Bremerton’s location is always included on all VKP regional maps featured all online and in print marketing materials and promotion including custom maps, paid advertisements, brochures, trail and recreational maps, and other print and online materials that promote the Kitsap Peninsula region. Please refer to “Marketing Samples PDF” J. Information and literature about Bremerton is always included in packets mailed/emailed to event planners, as part of inquiry and relocation packets, and submitted to travel writers and publications. K. The VKP acts as a 24/7-referral service for visitors and others seeking information about lodging, attractions, events, and businesses via online, mobile devices, in-person, and phone request. The VKP mails out nearly 400 packets each month in response to requests from prospective visitors around the region, USA and world. L. The VKP distributes information and literature about Bremerton’s hotels, venues, and services at wedding, outdoor recreation events, and tradeshows. EXHIBIT B Page 1 of 6 Visit Kitsap Peninsula Payment Terms Payment will be released when the following has been fulfilled: 1) Direct Deposit (ACH Agreement) form, current W-9, and City Business License have been received. 2) Monthly Fund Reimbursement Request form with support has been received, by the 15th of the month following services performed. a) Follow the services outlined in your scope of work, include the funding reimbursement form (Form B.3.2019) incorporated into this contract via Exhibit B. 3) Please note that payment can be held up for the following: a) If a prior year award reporting is not submitted by March 1, 2019 via the attached reporting form. b) If required support documents are not received including: Automated Clearing House (ACH) Direct Deposit form, W-9, Copies of Receipts and Invoices for Reimbursement, and City Business license. EXHIBIT B Page 2 of 6 Visit Kitsap Peninsula EXHIBIT B Page 3 of 6 Visit Kitsap Peninsula EXHIBIT B Page 4 of 6 Visit Kitsap Peninsula EXHIBIT B Page 5 of 6 Visit Kitsap Peninsula EXHIBIT B Page 6 of 6 Visit Kitsap Peninsula AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Tourism Promotion Services Agreement with Washington State Science and Engineering Fair Study Session Date: January 9, 2019 COUNCIL MEETING Date: January 16, 2019 Department: Finance Presenter: Melinda Monroe Phone: (360) 473-5306 SUMMARY: The Lodging Tax Advisory Committee recommended lodging tax funds be granted to applicants in 2018 for 2019 funds. City Council approved recommendations at the Council Meeting held November 20, 2018. The Council adopted the 2019 budget with Ordinance No. 5360 which included the recommendations for the award of Lodging Tax Funds to the Washington State Science and Engineering Fair in the amount of $43,000.00. ATTACHMENTS: Tourism Promotion Services Agreement FISCAL IMPACTS (Include Budgeted Amount): $43,000.00 of the total $829,000 budgeted in the Lodging Tax Fund for 2019 STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Tourism Promotion Services Agreement with Washington State Science and Engineering Fair in the amount of $43,000.00; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A6 Bremerton/WSSEF Page 1 of 4 TOURISM PROMOTION SERVICES AGREEMENT Washington State Science & Engineering Fair (WSSEF) The City of Bremerton (“City”) and Washington State Science & Engineering Fair (“Organization”), referred to collectively as the “Parties,” enter into the following Agreement for Tourism Promotion services: I. Scope: The Organization shall provide tourism promotion services for the City. Tourism promotion shall mean activities and expenditures designed to increase tourism to the City. Tourism promotion activities may include, but are not limited to, advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists to the City. The Organization shall provide to the City a work plan attached hereto as Exhibit A setting forth its goals and objectives for successful tourism promotion. The event(s) promoted by Organization must occur within the agreement Term, unless otherwise agreed to in writing by the City. II. Term: This agreement shall commence on January 1, 2019 and shall continue in full force and effect until December 31, 2019 unless terminated earlier pursuant to Section IX of this Agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement City shall pay the Organization an amount not to exceed Forty-Three Thousand Dollars ($43,000.00) for Tourism Promotion services. However, funding for this Agreement is subject to the actual Hotel/Motel Tax funds received by the City. If Hotel/Motel Tax receipts are lower than budgeted funding may be decreased. Payment will be released when the following has been fulfilled: a. The Organization shall submit monthly billing invoices, by the 15th of the month, detailing how activities and services performed by the Organization during the preceding month have specifically promoted tourism in the City of Bremerton including measurable results. b. The Organization will provide proof of insurance, agree to the use of Automated Clearing House (ACH) Direct Deposit, a signed W-9, and current City Business license. Upon receipt of a conforming billing invoice, the City shall promptly process payment. If a billing invoice does not conform to this Agreement, the City may withhold payment until the invoice is brought into compliance. Sample of a conforming invoices and support is provided in Exhibit B. a. Such withholding does not relieve the Organization of its obligations under this Agreement. Failure by the Organization to submit all conforming billing invoices by January 10th , 2020 after the expiration of this Agreement may result in the forfeiture of remaining unbilled compensation. The Organization shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Bremerton/WSSEF Page 2 of 4 IV. Relationship of Parties: The Organization represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. The Organization and its personnel are independent contractors and not employees of the City. The Organization and its personnel have no authority to bind the City or to control the City’s employees and other contractors. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-consultants of the Organization. Organization will be solely and entirely responsible for its acts and for the acts of the Organization's agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work. As an independent contractor, the Organization is responsible for its own management. The City’s administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Organization or its personnel. As an independent contractor, Organization is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Organization. V. Indemnification: Organization shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in co nnection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: Prior to and during the performance of the work covered by this Agreement, Organization shall provide the Risk Manager for the City with evidence that it has obtained and maintains in full force and effect during the term of this Agreement comprehensive general liability insurance coverage of at least $500,000.00 per occurrence. In the event Organization organizes, promotes or sponsors an event involving the sale or consumption of food or alcoholic beverages, Organization shall also provide evidence that it has obtained products liability and liquor liability insurance of at least $500,000.00 per occurrence, for each event. The City shall be named as additional insured and it shall be an affirmative obligation upon Organization to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two Bremerton/WSSEF Page 3 of 4 days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The Organization's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. VII. General Conditions: A. Reports and Information: When requested by the City, Organization shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested per Exhibit B. Organization shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Work Performed at Organization's Risk: Organization shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Organization's own risk, and Organization 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. C. Place of Work: The Organization shall perform the work authorized under this Agreement at its offices in Bremerton, Washington. Any necessary meetings with the City staff shall take place at the City's offices, or at locations mutually agreed upon by the parties. D. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. E. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. F. Modification: This Agreement may only be modified by written instrument signed by both Parties. G. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Organization Address City Clerk Caroline M Stein 345 6th Street, Suite 100 PO Box 2412 Bremerton, WA 98337 Silverdale, WA 98383 Bremerton/WSSEF Page 4 of 4 H. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. I. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. J. Compliance with Laws: Organization shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. K. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. L. Attorneys’ Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney’s fees. M. Assignment: Any assignment of this agreement by the Organization without the written consent of the City shall be void. VIII. Nondiscrimination: Organization shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, sexual orientation or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement may be terminated by either party for convenience upon thirty (30) days written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all services Organization is providing to the City as of the effective date of termination. X. Termination of Other Contracts. This Agreement shall supersede all prior Agreements between the parties relating to the use of Hotel/Motel Tax. CITY OF BREMERTON WSSEF By: Greg Wheeler By: Caroline Stein its: Mayor its: WSSEF Treasurer Date:____________________ Date:____________________ approved as to form: Attest:______________________ _______________________ _______________________ Bremerton City Attorney City Clerk EXHIBIT A Page 1 | 1 Bremerton/WSSEF Scope of Services A. Materials include City of Bremerton logo and name as a Major Sponsor B. Marketing and advertising a free science film festival throughout the State C. Direct marketing to 6,000+ teachers across Washington D. Direct marketing to 1,140,592 students across Washington E. Direct marketing to 2,393 public schools with 18,218 students home schooled F. Supporting the current five Regional Fairs funneling students to Bremerton G. Developing new Regional Fairs to further grow tourism (WSSEF participants) H. Maintaining a website linked to the City of Bremerton website I. Including Bremerton on WSSEF Facebook and other social media J. Promoting Bremerton to national professional groups and educational societies K. The WSSEF in Bremerton is featured in multiple magazine and journal articles L. Promotional video’s on Facebook and Tweeted have gone global to 80+ countries M. WSSEF generates multi-media press releases throughout the year to 269 Washington newspapers, magazines, radio and TV stations N. Our volunteers network across Washington State attending conventions, making presentations, hosting how-to seminars and a considerable number of other outreach venues – every effort includes Bremerton EXHIBIT B Page 1 of 6 Bremerton/WSSEF Payment Terms Payment will be released when the following has been fulfilled: 1) Direct Deposit (ACH Agreement) form, current W-9, and City Business License have been received. 2) Monthly Fund Reimbursement Request form with support has been received, by the 15th of the month following services performed. a) Follow the services outlined in your scope of work, include the funding reimbursement form (Form B.3.2019) incorporated into this contract via Exhibit B. 3) Please note that payment can be held up for the following: a) If a prior year award reporting is not submitted by March 1, 2019 via the attached reporting form. b) If required support documents are not received including: Automated Clearing House (ACH) Direct Deposit form, W-9, Copies of Receipts and Invoices for Reimbursement, and City Business license. EXHIBIT B Page 2 of 6 Bremerton/WSSEF EXHIBIT B Page 3 of 6 Bremerton/WSSEF EXHIBIT B Page 4 of 6 Bremerton/WSSEF EXHIBIT B Page 5 of 6 Bremerton/WSSEF EXHIBIT B Page 6 of 6 Bremerton/WSSEF AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Tourism Promotion Services Agreement with Bremerton Historic Ships Association Study Session Date: January 9, 2019 COUNCIL MEETING Date: January 16, 2019 Department: Finance Presenter: Melinda Monroe Phone: (360) 473-5306 SUMMARY: The Lodging Tax Advisory Committee recommended lodging tax funds be granted to applicants in 2018 for 2019 funds. City Council approved recommendations at the Council Meeting held November 20, 2018. The Council adopted the 2019 budget with Ordinance No. 5360 which included the recommendations for the award of Lodging Tax Funds to Bremerton Historic Ships in the amount of $70,000.00. ATTACHMENTS: Tourism Promotion Services Agreement FISCAL IMPACTS (Include Budgeted Amount): $70,000.00 of the total $829,000 budgeted in the Lodging Tax Fund for 2019 STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Tourism Promotion Services Agreement with Bremerton Historic Ships in the amount of $70,000.00; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A7 Bremerton/BHSA Page 1 of 6 TOURISM PROMOTION SERVICES AGREEMENT Bremerton Historic Ships Association The City of Bremerton (“City”) and Bremerton Historic Ships Association(“Organization”), referred to collectively as the “Parties,” enter into the following Agreement for Tourism Promotion services: I.Scope: The Organization shall provide tourism promotion services for the City. Tourism promotion shall mean activities and expenditures designed to increase tourism to the City. Tourism promotion activities may include, but are not limited to, advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists to the City. The Organization shall provide to the City a work plan attached hereto as Exhibit A setting forth its goals and objectives for successful tourism promotion. The event(s) promoted by Organization must occur within the agreement Term, unless otherwise agreed to in writing by the City. II.Term: This agreement shall commence on January 1, 2019 and shall continue in full force and effect until December 31, 2019 unless terminated earlier pursuant to Section IX of this Agreement. III.Compensation: In consideration of the services provided pursuant to this Agreement City shall pay the Organization an amount not to exceed Seventy Thousand Dollars ($70,000.00) for Tourism Promotion services. However, funding for this Agreement is subject to the actual Hotel/Motel Tax funds received by the City. If Hotel/Motel Tax receipts are lower than budgeted funding may be decreased. Payment will be released when the following has been fulfilled: a.The Organization shall submit monthly billing invoices, by the 15th of the month following the end of the quarter in which services were performed, detailing how activities and services performed by the Organization during the preceding month have specificall y promoted tourism in the City of Bremerton including measurable results. b.The Organization will provide proof of insurance, agree to the use of Automated Clearing House (ACH) Direct Deposit, a signed W-9, and current City Business license. Upon receipt of a conforming billing invoice, the City shall promptly process payment. If a billing invoice does not conform to this Agreement, the City may withhold payment until the invoice is brought into compliance. Sample of a conforming invoices and support is provided in Exhibit B. a.Such withholding does not relieve the Organization of its obligations under this Agreement. Failure by the Organization to submit all conforming billing invoices by January 10th, 2020 after the expiration of this Agreement may result in the forfeiture of remaining unbilled compensation. The Organization shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Bremerton/BHSA Page 2 of 6 IV. Relationship of Parties: The Organization represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. The Organization and its personnel are independent contractors and not employees of the City. The Organization and its personnel have no authority to bind the City or to control the City’s employees and other contractors. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-consultants of the Organization. Organization will be solely and entirely responsible for its acts and for the acts of the Organization's agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work. As an independent contractor, the Organization is responsible for its own management. The City’s administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Organization or its personnel. As an independent contractor, Organization is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Organization. V. Indemnification: Organization shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: Prior to and during the performance of the work covered by this Agreement, Organization shall provide the Risk Manager for the City with evidence that it has obtained and maintains in full force and effect during the term of this Agreement comprehensive general liability insurance coverage of at least $500,000.00 per occurrence. In the event Organization organizes, promotes or sponsors an event involving the sale or consumption of food or alcoholic beverages, Organization shall also provide evidence that it has obtained products liability and liquor liability insurance of at least $500,000.00 per occurrence, for each event. The City shall be named as additional insured and it shall be an affirmative obligation upon Organization to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. Bremerton/BHSA Page 3 of 6 The Organization's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. VII. General Conditions: A. Reports and Information: When requested by the City, Organization shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested per Exhibit B. Organization shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Work Performed at Organization's Risk: Organization shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Organization's own risk, and Organization 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. C. Place of Work: The Organization shall perform the work authorized under this Agreement at its offices in Bremerton, Washington. Any necessary meetings with the City staff shall take place at the City's offices, or at locations mutually agreed upon by the parties. D. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. E. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. F. Modification: This Agreement may only be modified by written instrument signed by both Parties. G. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Organization Address City Clerk John Hanson 345 6th Street, Suite 100 300 Washington Beach Avenue Bremerton, WA 98337 Bremerton, WA 98337 H. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. Bremerton/BHSA Page 4 of 6 I. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenan ts, agreements or options, and the same shall be and remain in full force and effect. J. Compliance with Laws: Organization shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. K. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. L. Attorneys’ Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney’s fees. M. Assignment: Any assignment of this agreement by the Organization without the written consent of the City shall be void. VIII. Nondiscrimination: Organization shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, sexual orientation or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement may be terminated by either party for convenience upon thirty (30) days written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all services Organization is providing to the City as of the effective date of termination. X. Termination of Other Contracts. This Agreement shall supersede all prior Agreements between the parties relating to the use of Hotel/Motel Tax. CITY OF BREMERTON BREMERTON HISTORIC SHIPS ASSOCIATION By: Greg Wheeler By: John Hansen its: Mayor its: President Date:____________________ Date:____________________ Approved as to form: Attest: ______________________ ________________________ Bremerton City Attorney City Clerk EXHIBIT B Page 1 | 6 Bremerton/BHSA Payment Terms Payment will be released when the following has been fulfilled: 1) Direct Deposit (ACH Agreement) form, current W-9, and City Business License have been received. 2) Monthly Fund Reimbursement Request form with support has been received, by the 15th of the month after the quarter following services performed. a) Follow the services outlined in your scope of work, include the funding reimbursement form (Form B.3.2019) incorporated into this contract via Exhibit B. 3) Please note that payment can be held up for the following: a) If a prior year award reporting is not submitted by March 1, 2019 via the attached reporting form. b) If required support documents are not received including: Automated Clearing House (ACH) Direct Deposit form, W-9, Copies of Receipts and Invoices for Reimbursement, and City Business license. EXHIBIT B Page 2 | 6 Bremerton/BHSA EXHIBIT B Page 3 | 6 Bremerton/BHSA EXHIBIT B Page 4 | 6 Bremerton/BHSA EXHIBIT B Page 5 | 6 Bremerton/BHSA EXHIBIT B Page 6 | 6 Bremerton/BHSA AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Agreement with Herrera, Inc. for the Design of the Pine Road Sub-Basin Stormwater Improvements Project Study Session Date: January 9, 2019 COUNCIL MEETING Date: January 16, 2019 Department: Public Works & Utilities Presenter: Katie Ketterer Phone: (360) 473-5334 SUMMARY: Staff advertised a Request for Statement of Qualifications, and based on an evaluation of the qualifications received staff has determined Herrera is the most qualified to provide the design for the Pine Road Sub-Basin Stormwater Improvements project. Herrera will provide permits, plans, specifications and estimates for the Pine Road Basin Stormwater Improvements which includes the Robin Avenue storm drain capacity improvements, Stephenson Creek inlet improvements, and Pine Road storm interceptor outfall reconstruction. A scope of work was submitted and the contract was negotiated in the amount of $419,920. ATTACHMENTS: 1. Professional Services Agreement with Herrera, Inc. 2. Vicinity map FISCAL IMPACTS (Include Budgeted Amount): The Pine Road Sub-Basin Stormwater Improvements Project is funded by a Public W orks Trust Fund Loan ($3,881,330) to the Stormwater Fund, and is in the 2019 budget. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Herrera Inc. for design of the Pine Road Sub-Basin Stormwater Improvements in the amount of $419,920.00; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A8 Olympic Manor Neighborhood Pine Road Interceptor Outfall Stephenson Canyon Inlet AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Clean Water State Revolving Fund Loan for the Oyster Bay Beach Sewer Upgrades Project Study Session Date: January 9, 2019 COUNCIL MEETING Date: January 16, 2019 Department: Engineering Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: The City has been offered $3,800,000 in the form of a CWSRF loan from the Department of Ecology for the Oyster Bay Beach Sewer Upgrades – OB-2 to OB-2 Project (Agreement No. WQC-2018-BremPW -00117). The project includes the design and installation of grinder pumps at 53 properties as well as upland gravity and low pressure collection system improvements. The project will reduce sanitary sewage discharges from broken residential sewer laterals. The requested action before the City Council is approval of the CWSRF Loan and authorization for the Mayor to finalize and execute the loan agreement. ATTACHMENTS: 1) CWSRF Loan Agreement WQC-2018-BremPW-00117 FISCAL IMPACTS (Include Budgeted Amount): These funds are necessary to make these sanitary sewer system improvements. This loan will provide $3,800,000 for the project. Utilizing these low-interest (1.5%) loans effectively reduces the cost of upgrading this essential infrastructure. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Clean Water State Revolving Fund Loan with the Washington State Department of Ecology for the Oyster Bay Beach Sewer Upgrades – OB-2 to OB-1 Project; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A9 Postponed to Jan. 23 Study Session AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Grant Agreement with the Transportation Improvement Board (TIB) for the East 11th Street and Perry Avenue Reconstruction Project Study Session Date: January 9, 2019 COUNCIL MEETING Date: January 16, 2019 Department: PW&U Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: The City has been offered a Fuel Tax Grant from the Washington State Transportation Improvement Board to partially fund reconstruction of E 11th Street from Pitt Avenue to Perry Avenue, and on Perry Avenue from E 11th Street to E 17th Street. The project will reconstruct both the roadway and the sidewalks, and will install bike lanes and sharrows, pedestrian scale lighting and other amenities. The project cost is currently estimated at $5,194,000, and the TIB grant offered is $3,941,916 (76%.) The project additionally includes low impact development features that are partially funded by a $75,000 grant from the Washington State Department of Ecology which was previously approved by the City Council on August 15, 2018. ATTACHMENTS: 1) Grant Agreement; 2) Site Plan; 3) Cross-sections of E 11th and Perry Avenue FISCAL IMPACTS (Include Budgeted Amount): The total project cost is currently estimated at $5,194,000, and the TIB grant is $3,941,916. Matching funds are currently identified at $728,000 from Stormwater, $140,000 from Water and $384,000 from REET. The $75,000 Ecology grant will provide revenue to both Stormwater and REET at amounts proportional to costs which will be identified during design. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Fuel Tax Grant Agreement with the Washington State Transportation Improvement Board for the East 11th Street and Perry Avenue Reconstruction Project;and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A10 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Agreement with FCS Group for Engineering Division Workload Study Study Session Date: January 9, 2019 COUNCIL MEETING Date: January 16, 2019 Department: Public Works Presenter: Chal Martin Phone: (360) 473-5758 SUMMARY: This study will take a look at the Engineering Division’s workload and provide recommendations. ATTACHMENTS: 1) Proposed Professional Services Agreement; 2) Scope of Work FISCAL IMPACTS (Include Budgeted Amount): Negotiated contract cost is $53,970. This study will be paid for from professional services line items budgeted for 2019 in the Water, Wastewater, Storm Water, and transportation funds. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve a Professional Services Agreement with FCS Group to conduct a workload analysis for the Public Works Engineering Division, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A11 CITY OF BREMERTON Engineering Group Workload Study October, 2018 page 1 www.fcsgroup.com The FCS GROUP team will meet, interview, collect ne cessary data and produce a Draft and Final Recommendations Report that will document workload requirements and select business processes in the Engineering Group along with recommendations for an optimal balance of internal and external resources required to provide necessary servic es and on ti me project execution. FCS GROUP proposes the following scope of work : Task 100 – Project Initiation FCS GROUP will meet with Chal Martin, Tom Knuckey, Milenka Hawkins -Bates, Shane Weber, Ned Lever, Wayne Hamilton, Pat Coxon, Cami Apfelbeck, Andrea Spencer and a Personnel Department representative (the Project Group) to walk through the scope of the project and discuss the timeline for interviews, data requests, and other information relevant to the current business model. The FCS GROUP team wil l discuss project goals and expectations at this time. As part of this process the group will produce a list of overall goals and objectives of the Engineering Group that will be used as a benchmark for later tasks. Following the Kick-off Meeting Jason Mum m (FCS GROUP) will meet with the Executive Team for one on one interviews. The Executive Team include: Chal Martin, Tom Knuckey, and Mike Riley. Ben Hoffman and David Gordon will meet with Shane Weber and Ned Lever. Deliverables: ■ Meeting summaries and minutes ■ Project goals and expectations ■ Program goals and objectives Task 200 – Workload Assessment In coordination with the Project Group, the FCS GROUP team will conduct an initial assessment of the workload requirements for the engineering group. The FCS GO UP team will intervi ew all Engineering employees to gain initial information related to workload tasks, the nature and extent of deferred work, and perceived gaps in workload requirements and day -to-day tasks related to overall group objectives. Also, “Engineering Customers” – City staff will also be interviewed as to the products and services requested from the Engineer group . Workload assessment will be split in to two initiatives; an initial assessment of workload tasks via four main service areas and then individual staff meetings to discuss overall workload and day -to-day tasks ■ Workload Task Assessment by Service Area The FCS GROUP team will hold four meetings to determine general tasks and the overall level of workload for the engineering group. Meetings will be based on major EXHIBIT A: SCOPE OF WORK CITY OF BREMERTON – PUBLIC WORKS DEPARTMENT ENGINEERING GROUP WORKLOAD STUDY CITY OF BREMERTON Engineering Group Workload Study October, 2018 page 2 www.fcsgroup.com workload categories. These can be changed upon project initiation though this scope assumes the groups will include:  Capital Project Delivery  Water, Wastewater, and Stormwater Operations Support  Transportation Operations Support  Development The result of this analysis will be an assessment of overall engineering group workload based on major tasks as well as a list of major tasks performed by the group. We will involve engineering customer representatives in these initial group meetings to contribute to the work assessment conversation. This list of major tasks will then be used in the development of a workload survey for individual staff . During these conversations a list of initial “gaps” will be developed that identify preliminary gaps in processes. ■ Individual Engineering Staff Workload Assessment The FCS GROUP team will utilize the results of the workload task assessment to create a workload survey for individual staff members. All 16 engineering staff members will fill out this survey. The FCS GROUP team will then meet with people individually to discuss results of their individual survey. This will provide the team with three crucial pieces of information:  The type of work that takes the majority of staff time Gaps between desired focus areas and where time is spent  An initial delta between the capacity to perform work and the amount of work required Deliverables: ■ Meeting summaries ■ Initial gap list for discussion of low hanging fruit ■ Workload assessment survey and survey results Task 300 – Workload and Process Gap Assessment Using information gained from Task 200, the FCS GROUP project team will develop an initial workload and process gap assessment. The gap assessment will identify two items: ■ First, the delta between work required and work accomplished for major work categories ■ Next, major gaps in processes, policies, staffing, and technol ogy that prevent the team from meeting its goals. CITY OF BREMERTON Engineering Group Workload Study October, 2018 page 3 www.fcsgroup.com We will take the results of this initial assessment and meet with the core team to review gaps, discuss low hanging fruit, as well as strategies for closing these gaps. Gaps can be closed in a number of dif ferent ways: ■ People – more staff or additional training can be provided to allow for work to be accomplished at the quantity and quality desired ■ Processes – changes in business processes may be required to streamline work, improve quality, and create overall savings to ensure work can get done ■ Technology – sometimes technology provides the appropriate solution to the gaps identified. This could involve a new piece of software or use of existing software to streamline operations. Deliverables: ■ Initial Gap as sessment and categorization Task 400 – Final Gap Report with Initial Recommendations After gaps are finalized, the FCS GROUP team will produce a draf t and final gap report with initial recommendations for closing these gaps . Depending on the level of deta il provided for various gaps, we will assess whether we recommend the gaps are closed through solutions of people, processes, technology, or some combination. We will use this report to provide a roadmap of next steps on how to further assess and close the gaps identified. The Final Gap Report will be the final deliverable. Deliverables: ■ Draft and Final Gap Report FCS GROUP TEAM The FCS GROUP Team includes: Jason Mumm (Executive Consultant), Ben Hoffman (Ass et Management Practice Leader) and David Gordon (Utility Management Consultant II – Blue Cypress Consulting). CITY OF BREMERTON Engineering Group Workload Study October, 2018 page 4 www.fcsgroup.com COST ESTIMATE Per request from Mr. Martin, $5,000 is added for directed services to provide flexibility to respond to aread needing further research, if identified over the course of the study. This brings the total cost estimate to $53,970. Meetings and Deliverables Task 100 – Project Initiation Meetings ■ Kickoff ■ Executive Team (Jason M. Interviewer) ■ Shane and Ned (Ben H. and David G. Interviewers) Deliverables ■ Meeting summaries and minutes ■ Project goals and expectations ■ Program goals and objectives Task 200 – Workload Assessment Meetings ■ 4 Groups (2 hours each) ■ 16 Individual (0.5 hours each) ■ Core Team – Low hanging fruit (2 hours) CITY OF BREMERTON Engineering Group Workload Study October, 2018 page 5 www.fcsgroup.com Deliverables ■ Meeting summaries ■ Initial gap list for discussion of low hanging fruit ■ Workload assessment survey and survey results Task 300 – Gap Assessment Meetings ■ Discuss gaps 1 (2 hours) ■ Discuss gaps 2 (1 hour) Deliverables ■ Initial Gap assessment and categorization Task 400 – Final Report Meetings ■ Draft ■ Final pre sentation and delivery Deliverables ■ Draft and Final Gap Report Thank you, Ben Hoffman Asset Management Practice Leader AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution of Support, Bremerton 2019 Legislative Requests Study Session Date: January 9, 2019 COUNCIL MEETING Date: January 16, 2019 Department: Public Works Presenter: Chal Martin Phone: (360) 473-5758 SUMMARY: This resolution communicates the unanimous support of the City Council for the City’s 2019 legislative requests. ATTACHMENTS: 1) Proposed Resolution; 2) Exhibit A FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve a Resolution of support for Bremerton’s 2019 legislative requests. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A12 RESOLUTION NO. ________ A RESOLUTION of the City of Bremerton, Washington Adopting the 2019-2021 Legislative Agenda WHEREAS, in 2016, the City hired BMcConsulting LLC to benefit the citizens from the expertise and guidance of a lobbying firm that would assist the Mayor and staff in accomplishing the goals and objectives of the City; and WHEREAS, each year, City Council Members and the Mayor advocate for the legislative priorities of the City which have included multiple Capital Budget projects and Studies, and WHEREAS, on December 12, 2018, the Mayor and Council heard a presentation from BMcConsulting LLC on the 2019-2021 legislative priorities; and WHEREAS, the City has been provided with the 2019-2021 Legislative Agenda; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City of Bremerton hereby adopts the 2019-2021 Legislative Agenda, attached as Exhibit A. SECTION 2. Severability. 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. PASSED by the City Council of the City of Bremerton, Washington this 16th day of January, 2019. _________________________________ ERIC YOUNGER, Council President APPROVED AS TO FORM: ATTEST: ________________________________ __________________________ ROGER A. LUBOVICH, City Attorney ANGELA WOODS, City Clerk Exhibit A to Resolution #________ Adopting the 2019 – 2021 Legislative Agenda The City of Bremerton supports the Association of Washington Cities' legislative agenda The City of Bremerton supports legislative efforts to:  Address the pending closure of Harrison Hospital  Support state investment in affordable housing  Provide responsive funding for the Criminal Justice Training Commission  Address a failing behavioral health system  Address potential DNR policy issues  Support military and community partnerships The City of Bremerton supports efforts to obtain Capital Budget funding for:  Sewer Extension into the Puget Sound Industrial Center submitted by Mason County  Pendergast Park Design  Lion’s Park Boat Ramp Design  Quincy Square on 4th  Bremerton Infrastructure for People & Puget Sound  Olympus Facility Transition Study The City of Bremerton supports efforts to obtain Capital Budget funding for:  Warren Avenue Bridge Pedestrian/Bike Retrofit Design  Follow-up requests to SR-16 / SR-3/304 WSDOT Study