HomeMy WebLinkAbout09/10/03 AGENDA F/LE
239 4th Street · Bremerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478 5251
***AMENDED***
CITY COUNCIL MEETING AGENDA
SEPTEMBER '10, 2003
1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in Council Conference Room
A, General Council Business
2. CALL TO ORDER: 5:30 P.M. in Council Chambers
A. Pledge of Allegiance
B. Invocation
3. CONSENT AGENDA
A. Minutes of Meeting -August 20, 2003 (#AB03-167)
B. Minutes of Meeting -August 27, 2003 (#AB03-168)
C. Acceptance of Bid from CUES for the purchase of a Sewer Line CCTV Inspection System
(#AB03-169)
D. Office Furniture Systems Purchase from State Contract 02898 for Furnishing the new
Special Operations Group Building (#AB03-173)
4. CLAIMS/CHECK REGISTERS
5. COUNCIL MEMBER REPORTS
6. MAYOR'S REPORT
7. PUBLIC RECOGNITION - Comments limited to 3-minutes
8. NEW BUSINESS
A. Utility and Lien Information Access Services Agreement with WEBCHECK, iNC.
(#AB03-170)
9. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS
A. Ordinance No. 4866 [Second Reading] amending Title 7 of the Bremerton Municipal
Code relating to ANIMAL CONTROL (#AB03-164)
B. Ordinance No. 4867 [Second Reading] amending Chapter 2.05 of the Bremerton
Municipal Code relating to APPOINTMENT AND CONFIRMATION OF DEPARTMENT
DIRECTORS (#AB03-165)
C. Ordinance [First Reading] amending Chapter 2.76 of the Bremerton Municipal Code
To establish a system for the iSSUANCE, USE AND CONTROL OF CREDIT/PURCHASE
CARDS (#AB03-171)
D. Ordinance [First Reading] amending Rate Table A of Chapter 3.01 of the Bremerton ~
Municipal Code relating to UTILITY/LIEN SEARCH FEES (#AB03-172)
10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
E-mail: citycouncil@ci.bremertomwa.us · Web: www.ci.bremerton.wa.us
DATE SUBMITTED: August 21, 2003 BILL # ~' ~'
AGENDA BILL
CITY OF BREMERTON ~ ~
CITY COUNCIL
SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A
August 20, 2003 COUNCIL MEET1NG Date: September 10, 2003
Department: City Council
Presenter: Carol Arends
Phone: (360) 473-5280
SUMMARY: Attached are the minutes for the Council Meeting held August 20, 2003.
ATTACHMENTS: Minutes for August 20, 2003
FISCAL IMPACTS (Include Budgeted Amount): 0
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: CONSENT AGENDA []
OPERATIONS:
COUNCIL PRESIDENT: ~
RECOMMENDED MOTION: Move to pass the Consent Agenda as presented.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
TAPE #1909
CITY COUNCIL MEETING MINUTES
August 20, 2003
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, August 20, 2003, at
5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike
Short, Will Maupin, Mike Shepherd, Ed Rollman, Daren Nygren, Cecil McConnell, and Wayne
Olsen. Council member Eric Younger was absent. Also present were City Attorney Roger
Lubovich; City Attorney Roger Lubovich; Deputy City Clerk Cherie Henry; and Legislative
Assistant Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnel!,
followed by the invocation provided by Ethel Mae Nelson, Associate in Ministry, of Our
Saviour's Lutheran Church.
President Arends made the following announcements:
1. A Pre-Council session was held in the Council Conference Room to discuss updates to the
meeting agenda, and noted that two items were added under NEW BUSINESS.
CONSENT AGENDA
A. Minutes of Meeting - July 30, 2003 (#AB03-153)
B. Contract Change Order to Associated Underwater Services, Inc. for Bonding of Steel
Piles to Complete the Cathodic Protection of Steel Piles (#AB03-154)
C. Acceptance of Loan Agreements No. PW-03-691-004 and 01-65101-003 (#AB03-155)
#0015 MISICIU (McConnell/Olsen) Move to approve Consent Agenda as presented.
CLAIMS & CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those
expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on
a listing that had been made available to the Council.
#0035 M/S/C/U (McConnell/Rollman) On August 20, 2003, the Council approved payment for
Check Numbers 283383 through 283727; EFT 7804 through EFT7815; and P7814 in the total
amount of $735,044.01.
COUNCIL MEMBERS
Wayne Olsen assured the public that the proposed tunnel was not a "done deal", and that they
now had an opportunity to learn all they can about the tunnel, and let their opinion be known.
Cecil McConnell followed Wayne's comments by announcing the public had an opportunity to
hear a presentation on "The Proposed Tunnel" at the District 1 & 2 Town Meeting to be held on
Thursday, August 21, 2003 from 6:30 to 8:00 P.M. at the Sheridan Park Center.
Daren Nygren invited citizens to attend "Manette Fest"this weekend beginning at 1:00 P.M.
Ed Rollman was sad to announce the passing today of Rainey Woods, formerly of the
Bremerton Police Department; noted that a citizen concern regarding Kiwanis Park was
forwarded to the Parks Department for a response; and read a letter into the record from a
citizen who expressed her views on the tunnel issue.
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City Council Reg. Mtg. Minutes
August 20, 2003
Page 2 of 5
Mike Shepherd noted that he would be participating in a 200-mile relay run, and thanked the
DEPARTMENT OF THE NAVY for sponsoring their team; reminded citizens to water their trees,
even if they are conserving water; and announced that the Caf~ Destino was now presenting
outdoor movies.
Will Maupin was pleased to attend the Bremerton Chamber of Commerce luncheon with
special guest Congressman Norm Dicks; and reported that citizens had an additional
opportunity to learn about "The Proposed Tunnel" at a Neighborhood Meeting to be hosted by
Council Districts 6, 7, 8, & 9 next Thursday on August 28 from 7:00 to 8:30 P.M. at the Oyster
Bay Public Works Facility.
Mike Short encouraged citizens to attend the next District 8 & 9 neighborhood meeting.
Carol Arends hoped that citizens would attend any of the upcoming meetings to learn more
about "The Proposed Tunnel".
MAYOR'S REPORT - There was no Mayor's report tonight.
PUBLIC RECOGNITION
Helen Miller read a statement into the record to express her concerns, and to request a
response from the City Attorney.
Allen Shute was pleased to report that the U.S. Post Office located on National Avenue was
now ADA compliant.
Miriam Adams discussed a lack of volunteers from the Olympic Peninsula in the Make*A'Wish
Foundation, and therefore encouraged anyone interested in volunteering to please contact the
Foundation at www. northwestwishes.or,q for additional information.
8A - AMENDMENT NO. 2 TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF
BREMERTON AND KITSAP COUNTY FOR THE "SR 304 TRANSPORATION
IMPROVEMENT PROJECT" {#AB03-'156): Michael Mecham, City Engineer, explained that an
Interlocal Agreement was entered into on June 16, 1997, between the City and Kitsap County
regarding the design and right-of-way acquisition for the SR 304 Transportation Improvement
Project (TIP). The City anticipates beginning construction of the Missouri Gate Phase of the SR
304 TIP this year. Charleston Beach Boulevard will be relocated and rebuilt as part of this
phase. Kitsap County has an existing 8-inch sanitary sewer main in Charleston Beach Road
which is approximately 60 years old and in poor condition. The County requests replacement of
this sanitary main, at their expense. It is necessary to amend the Interlocal Agreement to clarify
the responsibilities with reconstruction of the main and payment thereof.
There were no comments from the public.
#0625 MISIClU (Shepherd/OIsen) Move to authorize and direct the Mayor to execute the
attached Amendment No. 2 to the Interlocal Agreement with Kitsap County for the SR304
Transportation Improvement Project.
TAPE #1909
City Council Reg. Mtg. Minutes
August 20, 2003
Page 3 of 5
8B - APPOINTMENTS OF JOYCE DAVISON~ KYLE CRUVER~ AND MIKE EVERSOLE TO
THE COMMUNITY DEVELOPMENT BLOCK GRANT CITIZEN ADVISORY COMMITTEE FOR
CAPITAL & PLANNING PROJECTS (#AB03-'I60): Sherril Huff-Menees, Municipal Services
Coordinator, explained that the policies have been changed by the Council to create a separate
Citizen Advisory Committee for the Capital & Planning applications for CDBG funding. The
Committee will be comprised of 1 Council member appointed by the Council President; 1
Planning Commissioner appointed by the Planning Commission President; 1 member from the
City-at-large; 1 member from the West Bremerton area; and I member from the East
Bremerton area. The Mayor is recommending the appointments of Joyce Davison as the
member from the City-at-large; Kyle Cruver as the member from West Bremerton; and Mike
Eversole as the member from East Bremerton to the Capital & Planning CDBG Citizen Advisory
Committee. Joyce Davison and Mike Eversole were in attendance, and thanked the Council
for the confirmation of their appointments to this Committee.
There were no other comments from the public.
#0720 M/S/C/U (Maupin/McConnell) Move to approve the appointments of Joyce Davison, Kyle
Cruver, and Mike Eversole to the Capital and Planning CDBG Citizen Advisory Committee.
8C - APPOINTMENTS OF H. EMILY MOSHAY AND FAYE FLEMISTER TO THF
COMMUNITY DEVELOPMENT BLOCK GRANT CITIZEN ADVISORY COMMITTEE FOR
PUBLIC SERVICES (#AB03-161): Sherril Huff-Menees, Municipal Services Coordinator,
explained that the policies have been changed by the Council to expand the Citizen Advisory
Committee for Public Services allocation recommendations. The Committee will now be
comprised of 5 citizen members representing specific areas of the City, as well as a member
from the City-at-large. The Mayor is recommending the appointment of H. Emily Moshay as the
member from the City-at-large position for the term ending 12/31/05; and Faye Flemister as the
member from West Bremerton for the term ending 12/31/07. The other three citizen positions
for this Committee are already filled by previously appointed members whose terms will end in
2006 and 2007.
There were no comments from the public.
#0800 M/S/C/U (Maupin/Short) Move to approve the appointments of H. Emily Moshay and
Faye Flemister to the Public Services CDBG Citizen Advisory Committee.
9A - PUBLIC HEARING AND ORDINANCE NO. 4864 [SECOND READING] SETTING THF
MAYOR'S COMPENSATION THROUGH A SEPARATE ORDINANCE (#AB03-139): The first
reading of the ordinance was heard on July 30, 2003.
There were no comments from the public.
#0878 M/S/C/U (McConnell/Olsen) Move to pass Ordinance No. 4864 on second reading.
9B - PUBLIC HEARING AND ORDINANCE NO. 4866 [SECOND READING] AMENDING
TITLE 10 OF THE BREMERTON MUNICIPAL CODE RELATING TO RESTRICTED PARKING
ZONES (#AB03-t$0): The first reading of this ordinance was heard on August 13, 2003.
Simon Stoker, Assistant City Attorney, was available to answer questions.
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City Council Reg. Mtg. Minutes
August 20, 2003
Page 4 of 5
Allen Shute thanked all those who participated in this process.
#t 0t0 M/S/C/U (Rollman/Olsen) Move to pass Ordinance No. 4865 on second reading.
9C - CLOSED RECORD HEARING [QUASI JUDICIAL] HEARING; AND PROPOSED
RESOLUTION NO. 2900 APPROVING SOLID SEVEN CONSTRUCTION APPLICATION FOR
PRELIMINARY PLAT (FILE NO. PL03-00t7) FOR "RAINIER VISTA" (#AB03-152): Jim
Svensson from the Community Development Department, stated that the Hearing Examiner
has recommended to divide two lots into four lots with regards to a preliminary plat (File No.
PL03-0017). The recommendation includes six (6) conditions to be imposed for final plat
approval
President Arends indicated that because this was a Closed Record Hearing, all Council
members should now give consideration at to whether they have 1) demonstrated bias or
prejudice for or against any party to the proceedings; 2) a direct or indirect monetary interest in
the outcome of the proceedings; 3) a prejudgment of the issue prior to hearing the facts on the
record; or 4) ex parte contact with any individual, excluding administrative staff, with regard to
an issue prior to the hearing. Due to no expressed violations of the Appearance of Fairness
Doctrine, all Council members were seated. President Arends then asked if any member of
the public believed any Council member should excuse themselves due to a conflict with the
Appearance of Fairness Doctrine, or for other concerns, to please state the reasons now. Due
to no comments from the public, afl Council members remained seated.
#1675 M/S/C (McConnell/Maupin) Move to pass Resolution No. 2900, approving and adopting
the Findings, Conclusions, and Recommendation of the Administrative Hearing Examiner, and
approve the preliminary plat for "Rainier Vista" subject to the proposed conditions.
Voted in favor of Motion: McConnell, Nygren, Rollman, Maupin, Short, and Arends
Voted opposed to Motion: Olsen, Shepherd
Motion carried: 6-Yes; and 2-No
9D - PUBLIC HEARING AND RESOLUTION NO. 2901, AUTHORIZING TIlE CITY TO
RECEIVE THREE STATE REVOLVING FUND LOANS NO. L0400003~ L0200034~ AND
L0400004 (#AB03-157): Gene Sampley, Public Works & Utility Director, pointed out that the
City applied for and received awards for two State Revolving Fund (SFR) Loans (No. L0400003
and No. L0300034) for Design and Construction of CSO Reduction Improvements in the Pacific
Avenue Basin totaling $1,250,000; and one SRF loan (No. L0400004) in the amount of
$200,000 to perform an Inflow and Infiltration Study in the Anderson Cove Basin. State
regulations require an approved resolution to receive these funds.
There were no comments from the public.
#1805 M/S/C/U (Shepherd/Maupin) Move to pass Resolution No. 2901, authorizing the City to
receive SFT Loans No. L0400003, and L0300034, and L0400004, and authorize the Mayor to
finaJize and execute the loan agreements.
9E - PUBLIC HEARING AND RESOLUTION NO. 2902~ REQUESTING TERMINATION OF
ECONOMIC DEVELOPMENT ADMINISTRATION GRANT AWARD NO. 07-01-03791
158): Gene Sampley, Public Works & Utilities Director, mentioned that the City is unable to
realize all available grant funding for development of the West 650 Zone Projects. The
TAPE #1909
City Council Reg. Mtg. Minutes
August 20, 2003
Page 5 of 5
attached resolution requests that the U.S. Department of Commerce, Economic Development
Administration (EDA) terminate Grant Award No. 07-01-03791 on September 8, 2003, for the
convenience of the City and the EDA. If this action is not approved, grant termination will occur
automatically by default on the same date, resulting in loss of EDA funds in excess of $500,000
already received, and to be received, by the City.
There were no comments from the public.
#1932 MISICIU (Olsen/McConnell) Move to approve Resolution No. 2902.
9F - PUBLIC HEARING AND RESOLUTION NO. 2903~ APPROVING THE "2004 - 2009 ~;IX-
YEAR TRANSPORATION IMPROVEMENT PLAN" (#AB03-t 59): Gene Sampley, Public
Works & Utilities Director, displayed a map to indicate the locations of major projects included
in the Six-Year Transportation Improvement Plan, which is prepared pursuant to RCW
35.77.010 and RCW 36.81.121. The Plan is updated annually and filed in the Local Programs
Office with the Secretary of Transportation. It is intended as a planning tool for the local, State,
and Federal Transportation funding entities. The attached plan has been prepared for City
Council approval by Resolution and will be submitted to the Washington State Department of
Transportation.
There were no comments from the public.
#2190 M/S/C/U (Olsen/Short) Move to approve Resolution No. 2903, which approves the City's
2004-2009 Six-Year Transportation Improvement Plan, and direct the Mayor to forward the
Resolution and Plan to the State Department of Transportation, Local Programs Office.
With no further business, the regular meeting of the City Council was adjourned at 6:40 P.M.
Prepared and Submitted by:
LORI SMITH
Legislative Assistant
Attest:
PAULA JOHNSTON, Deputy City Clerk
CAROL ARENDS, City Council President
City of Bremerton
CNP J/Is/cge
DATE SUBMITTED: August 29, 2003 BILL # AGENDA BILL
CITY OF BREMERTON 3B
CITY COUNCIL
SUBJECT: Minutes of Meeting - Committee Meeting Date: NA
August 27, 2003 COUNCIL MEETING Date: September 10, 2003
Department: City Council
Presenter: Carol Arends
Phone: (360) 473-5280
SUMMARY: Attached are the minutes for the Council Meeting held August 27, 2003.
ATTACHMENTS: Minutes for August 27, 2003.
FISCAL IMPACTS (Include Budgeted Amount): 0
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: CONSENT AGENDA []
OPERATIONS:
COUNCIL PRESIDENT: ~
RECOMMENDED MOTION: Move to pass the Consent Agenda as presented.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
7
TAPE #1910
CITY COUNCIL MEETING MINUTES
August 27, 2003
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, August 27, 2003, at
5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike
Short, Will Maupin, Mike Shepherd, Ed Rollman, Daren Nygren, Cecil McConnell, and Wayne
Olsen. Council Member Eric Younger was absent. Also present were Assistant City Attorney
Simon Stooker; Deputy City Clerk Paula Johnston; and Council Assistant Christine Grenier
Ellingson.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell,
followed by the invocation provided by Council Member Daren Nyqren.
President Arends made the following announcements:
1. A Pre-Council session was held in the Council Conference Room to discuss updates to the
meeting agenda; and
2. Due to a City-related engagement that the Assistant City Attorney must attend, adjustments
will be made to the order of businesses on the Agenda tonight.
CONSENT AGENDA
A. Minutes of Meeting - August 13, 2003 (#AB03-162)
#0030 M/S/C/U (McConnell/OIsen) Move to approve Consent Agenda as presented.
CLAIMS & CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those
expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on
a listing that had been made available to the Council.
#0060 MISlCIU (McConnell/Short) On August 27, 2003, the Council approved payment for
Check Numbers 283728 through 283862; EFT816; EFT818; and EFT819 in the total amount of
$1,679,834.20; and Regular Payroll for the pay period ending August 15, 2003 in the amount of
$971,574.08.
8A - ESTABLISHMENT OF AN ACCOUNTANT POSITION WITHIN THE FINANCE
DEPARTMENT (#AB03-163): Carol Conley, Human Resources Director, emphasized that the
most pressing issue within the Department Finance is to fill a replacement position within the
Department through the creation of an "Accountant" position. The Finance Department has
operated for nearly a year without a key finance/accountant position. The City has filled some
of this void with temporary contract accountant position, however, this position will expire in
September and the Department will not be able to fill it with another temporary position. This
has placed a tremendous strain on the Assistant City Treasurer, Accounting Clerks, Director of
Finance, and other staff members in Administrative Services. She added that the classification
(union or management) for this position is currently under review by the Civil Service
Commission. Mayor Bozeman encouraged the Council to approve this position to fill a staffing
need and to get the City through the budget process for this year.
Allen Shute asked if the employee would be a "Teamster". Ms. Conley stated that this
particular position is "at will".
#0195 M/S/C/U (Shepherd/McConnell) Move to approve the establishment of the position of
"Accountant" within the Department of Finance and approve pay grade 17 of the salary
schedule for non-uniformed represented employees.
TAPE #1910
City Council Reg. Mtg. Minutes
August 27, 2003
Page 2 of 4
9A- PUBLIC HEARING AND ORDINANCE [FIRST READING1 AMENDING TITLE 7
RELATING TO ANIMAL CONTROL (#AB03-164): Simon Stocker,, Assistant City Attorney,
explained that Title 7 of the Bremerton Municipal Code was recently enacted to provide for
updated animal control enforcement. The proposed ordinance amends the provisions relating
to animal control in order to provide a more efficient and effective hearing process relating to
animal control authority decisions and to provide for other related amendments. Included in
these proposed changes is a provision for hearings to be held upon request of individuals, and
would result in savings of staff time. Council President Arends emphasized that this item is
just an ordinance dealing with animal control issues, not a review of the contract for Animal
Control Services.
There were no comments from the public.
Mr. Maupin and Mr. Shepherd offered their support for the proposed changes.
Mr. Short asked for clarification on the 'juvenile possession of dangerous animals'.
Mr. Stocker answered that our courts are not equipped to deal with juvenile charged with
crimes so those cases are usually tried in Superior Court or at the County level. The charge for
juvenile possession of dangerous animals will be switched to an infraction so the charge can be
brought forward to Municipal Court. The code also addresses restrictions on ownership of
dangerous animals and that will not change.
Mr. McConnell asked if the treatment of a minor would be different for possession of a
dangerous animal in comparison to an adult. Mr. Stocker answered no.
#0390 M/S/C/U (Short/Maupin) Move to approve the proposed ordinance on first reading.
9B - PUBLIC HEARING AND ORDINANCE [FIRST READING] AMENDING CHAPTER 2.05
OF THE BREMERTON MUNICIPAL CODE RELATING TO APPOINTMENT AND
CONFIRMATION OF DEPARTMENT DIRECTORS (#AB03-165): Simon Stocker, Assistant
City Attorney, mentioned that the current provisions of BMC Chapter 2.05 provide for
submission of a job description and employment contract to Council only upon request of the
City Council prior to confirmation, appointment or provisional appointment to a director's
position. The proposed ordinance removes the language "as requested" and requires
submission of a job description and professional services contract prior to confirmation,
appointment or provisional appointment to a director's position. The ordinance also eliminates
the requirement for submission of a job description and employment contract for provisional
appointments.
Mayor Bozeman offered his support for the changes made to this ordinance.
Mr. McConnell requested a change in verbiage to include notification to Council in the event
that a provisional appointment might occur.
#0530 M/S/C/U (McConnell/Maupin) Move to approve the proposed ordinance on first reading
as amended.
9C - PUBLIC HEARING AND RESOLUTION NO. 2904 AUTHORIZING AN INTERFUND
LOANS TO THE WASTEWATER UTILITY FUND FROM THE WATER UTILITY FUND AND
REAL ESTATE EXCISE TAX FUND (#AB03-165): Michael Wilson, Finance Director, pointed
out that the Wastewater Utility has debt financing payments due on September 1, 2003 in the
amount of $2,473,810 for the 1992 and 1994 Water and Sewer Revenue Bonds. The
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City Council Reg. Mtg. Minutes
August 27, 2003
Page 3 of 4
Wastewater Utility has a history of cash deficiencies necessitating the Utility to secure interim
funding in the form of interrund loans in order to make these upcoming debt service payments.
These loans shall be secured from the City's Water Utility Fund and Real Estate Excise Tax
Fund and repaid to these respective funds from the Wastewater Utility Fund on or before
December 31, 2003, with interest at a rate of 2.5% per annum.
There were no comments from the public.
Mr. McConnell asked if there would be sufficient funds available to repay these loans. Mr.
Wilson answered yes.
Mr. Maupin asked if that is due in part by late receipt of grant funding for ongoing projects.
Mr. Wilson affirmed that the problem is grant funding being received after payment is due for
projects. Mr. Sampley emphasized that the grant funding should be received by the end of the
year and the loans would be repaid at that time.
#0570 MIS/ClU (ShortJMaupin) Move to approve Resolution No. 2904 authorizing the Director
of Finance to make interfund loans from the Water Utility Fund (Fund 401 ) and the Real Estate
Excise Tax Fund (Fund 109) to the Wastewater Utility Fund (Fund 451 ) in the amount not to
exceed $2,473,810.
The meeting continued with Council Member Reports***
COUNCIL MEMBERS
Mike Short encouraged citizens to attend the next District 8 & 9 Neighborhood Meeting on
Thursday, August 28, 2003 from 7:00 to 8:30 P.M. in the Conference Room of the Oyster Bay
Public Works Facility to hear a presentation on the "Proposed Tunnel". He added that this
meeting would also include Districts 6 and 7.
Will Maupin encouraged the public to attend the District 8 and 9 Meeting, and to provide any
feedback; enjoyed meeting the Kure Exchange students at the going away party last week, and
looked forward to meeting the group of exchange students who will come to Bremerton next
year.
Mike Shepherd announced the Blackberry Fun Run to be held downtown on Saturday, August
30; and announced the First Friday Art Walk to be held on September 5.
Ed Rollman explained that he is currently dealing with a citizen concern over street vendor
conflicts; congratulated Eric and Kristina Younger on the birth of their baby boy Anderson.
Daren Ny,qren thanked John Poppe and Fire Chief Al Duke for contributing a considerable
amount of time for watering trees in the City; and informed the public that he is in the process of
planning a district meeting in September to discuss the tunnel issue.
Wayne Olsen thanked everyone who attended the District 1 and 2 Meeting held last week and
thanked the citizens for their input; He reminded the citizens of District 1 and 2 that district
meetings happen every other month and would like to see a high attendance all of the time.
Carol Arends reiterated information on the Neighborhood Meeting to be held tomorrow night.
MAYOR'S REPORT - Mayor Bozeman ....
· Announced the 2nd Annual Employees BBQ would be held at Evergreen Park tomorrow
from 11:00 A.M. to 1:00 P.M.;
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City Council Reg. Mtg. Minutes
August 27, 2003
Page 4 of 4
· Commended the Street crew for completing paving projects under extreme weather
conditions;
· Thanked BKAT staff for representing the City at the Kitsap County Fair this past week;
· Invited Council to a picnic at Evergreen Rotary Park on September 4 at 5:30 P.M. when
the Rotary will be paying the last $35,000 of their $100,000 pledge;
· Invited Council members to a Passenger Ferry Open House on September 16 from 4:00
to 7:00 P.M.;
· Discussed the EMS Levy which will be on the Primary Elections Ballot September 16;
· Announced that the Poggie Club and Public Works Department would host viewing of
the returning salmon during September 6 - 7 from 8:00 A.M. - 3:00 P.M.;
· Thanked Police Chief Rob Forbes on behalf of Jim Robinson, President of JIM
ROBINSON CONSTRUCTION COMPANY, for watching over the business community;
· Announced that a Jazz Concert sponsored by the OLYMPIC COLLEGE FOUNDATION would
be held at Evergreen Park on September 13 from 3:00 - 7:00 P.M.
PUBLIC RECOGNITION
E.L. Sturdivant explained that an initiative is in the works if the City proceeds with the tunnel
project without serious consideration of project alternatives. He added that tax payers should
have the opportunity to comment on this issue.
Daniel Rickabau~lh had some concerns over pedestrian and bike safety at 11th & Callow
Avenue and asked that the area be made more pedestrian friendly.
Don Larson, of Kitsap Diving Association, announced a Sinclair Inlet Clean-up on September
20, and encouraged the City to plant more trees.
With no further business, the regular meeting of the City Council was adjourned at 6:20 P.M.
Prepared and Submitted by:
CHRISTINE GRENIER ELLINGSON
Council Assistant
Attest:
PAULA JOHNSTON, Deputy City Clerk
CAROL ARENDS, City Council President
City of Bremerton
CNP JIIslcge
DATE SUBMITTED: BILL #
AGENDA BILL
CITY OF BREMERTON 3G
CITY COUNCIL
SUBJECT: Acceptance of bid for a Sewer Committee Meeting Date: September 2, 2003
line CCTV inspection system. COUNCIL MEETING Date: September 9, 2003
Department: PW& Ufil
Presenter: Jim Orton, Fleet
Manager
Phone: 5356
SUMMARY: A call for bids was sent out for a portable TV camera inspection system which is used
to inspect underground sewer lines of various sizes. Two bids were received. The bid that met all
specifications was from CUES in the amount of $39,277. Staff requests Council accept the bid from
CUES and purchase of the inspection system. Funds are in the 2003 budget through the 510
(Equipment Rental Reserve). This replaces the present system which is outdated and unreliable..
ATTACHMENTS: Bid Talley Sheet
FISCAL IMPACTS (Include Budgeted Amount): None. Funds budgeted in the 510 for $39,277
APPROVALS: ~~/~~
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR: .
MAYOR:
FISCAL/BUDGET:
/ff)e~.~ ~-~'~ CONSENT AGENDA
OPERATIONS: ~.---.~. .
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to accept the bid of CUES for purchase of a Sewer Line
CCTV inspection system in the amount of $39,277 including tax and authorize the Mayor to approve
the same.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
DATE SUBMITTED: August 29, 2003 BILL
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Office Furniture Systems Committee Meeting Date: ~--,~ ~O3
Pumhase from State Contract 02898 for COUNCIL MEETING Date: ~)-at~la"O'~ ~-/?-,5~
Furnishing the new Special Operations Department: Police
Group Building Presenter: Captain Rogers
Phone: 473-5277
SUMMARY: The City of Bremerton Police Department, using the authorized funding from the 110
Fund, is purchasing furnishings for the new Special Operation Group's building. The purchase price
using State Contract 02898 is estimated at $32,000.00. The furnishings include modular desks,
associated office furniture and room ensembles. These purchases will occur during the remainder of
2003 pursuant to BMC 2.76.600 (a) (2). The City is not required to seek competitive bids because the
purchase is through a State contract.
ATTACHMENTS: Contract Information
FISCAL IMPACTS (Include Budgeted Amount): None. The Police Department has Fund ll0
spending authority for greater than the dollar amount needed in 2003.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
RECOMMENDED MOTION: Move to approve purchase (~sti,aialed.at $32,000.00) of furnishings
for the Special Operations Group building through State Contract 02898.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
State of Washington
Current Contract Information
Revision date: June 23, 2003
Effective Date: August I, 2003
Contract number: 02898 Commodity code: 7110
Contract title:
Furniture, Office Systems furniture, Freestanding furniture, and seating
Purpose: Contract extension for one year, contractor name change
Term: Creative Office August 1, 2003 through: July 31, 2004
Term: Bank & Office August 1, 2003 through: July 31, 2004
For use by: Political Subdivisions of Washington and Oregon State(s), Participating
Institutions of Higher Education (College and Universities, Community and
Technical Colleges), Qualified Non-profit Corporations, and All State Agencies
(State Agencies are limited to only those items that are identified as
"convenience use" on Contract No. 14393 with Correctional Industries).
Contract type: This contract is designated as convenience use.
_SCOPE OF CONTRACT This contract is awarded to multiple contractors.
I Contractors: I Bank and Office Interiors, l
Web sites: ~see page 3 (A-Line) _http://bankandoffice.com/state/
IThe 'Creative Office, see
Ipage 13 (B-Line) http://www.creativeof, com/statecontract.htmt
Products available; Systems furniture, Freestanding furniture, and seating
Ordering information: See page number 3 (A-Line) or 13 (B-Line)
Ordering procedures: See page 3 (A-Line) or 13 (B-Line)
Contract exclusions: Refer to Special Conditions, page 2
Related product Contract 14393; Office, Dormitory and Miscellaneous Furniture
contracts: Contract 10602; Office System Furniture:Add-on Steelcase, Haworth, Ram
Contract 09898; Remanufactured Office Furniture
This page contains key contract features. Find detailed information on succeeding pages. For more
information on this contract, or if you have any questions, please contact your local agency Purchasing
Office, or you may contact our office at the numbers listed below.
Primary Contact: Connie Stacy
State Procurement Officer
Phone Number: (360) 902-7435
Fax Number: (360) 586-2426
Email: cstac¥~a.wa.gov
Visit our Internet site: http://www, ga.wa.gov/purchase
Washington State Department of General Administration
Office of State Procurement, PO Box 41017, Olympia, WA 98504-1017
The State of Washington is an equal opportunity employer. To request this information in alternative formats cal~ (360) 902-7400, or TDD (360) 664-3799.
DATE SUBMITTED: August 20, 2003 BILL # ~ 2j~'~7~
AGENDA BILL
CITY OF BREMERTON BA
CITY COUNCIL
SUBJECT: Utility and Lien Information Committee Meeting Date: August 26, 2003
Access Services Agreement COUNCIL MEET1NG Date: September 10, 2003
Department: Finance Department
Presenter: Michael Wilson
Phone: 473-5590
SUMMARY: The proposed agreement with Webcheck, Inc. will provide to the City of Bremerton
an electronic service for accessing lien and utility information for the benefit of title insurance and
escrow companies. This service will improve efficiency with which utility and lien information is
exchanged between the City of Bremerton and title insurance and escrow companies while generating
a new source of revenue for the City's General Fund for this search service.
ATTACHMENTS:
A. Agreement for utility and lien access information services with Webcheck, Inc.
B. Proposal from Webcheck, Inc.
FISCAL IMPACTS (Include Budgeted Amount): The implementation of this service will generate a
new source of revenue for the City's General Fund estimated to be in excess of $60,000 annually.
APPROVALS:
DEPARTMENT DIRECTOR: [
CITY ATTORNEY: /~, ,~
FINANCE DIRECTOR: ~'~ & ~
MAYOR: ~'7~//~'~. ~
FISCAL/BUDGET: %/<~:,~/Z'~ ~ .d/
CONSENT
AGENDA
OPE~TIONS: ~ :? '~'~ ,~ ..
CO~CIL PRESIDENT: ~ ~
RECOMMENDED MOTION:
I move to approve the Utility ~d Lien Access Services Agreemem with Webcheck, Inc. ~d authorize
· e Mayor to sign the agreement.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
WEBCHECK, INC.
www.web-check.net
Processes for Access of Utility and Lien Balances
Current Process Webcheck Canopy Process
Every city has a unique method of providing Lien and utility information is provided
lien and utility information. Cities invest electronically with no staff involvement.
significant staff time to provide accurate Canopy software calculates payoff amounts
information. Final bills are sent after instantly. Revenue is collected at closing,
closing, and a small amount is refunded.
I. Title & escrow companies request lien 1. Title & escrow company employees
and utility balances via fax, phone, or visit a website provided by a Canopy
mail. server.
2. City staffresearch, collect, and record 2. Canopy server instantly searches city's
lien information and utility bills. This electronic records for lien and utility
can take anywhere from 30 minutes to balances. No city staff time is
2 hours, required.
3. LIDs and other interest-beatring liens 3. Canopy software calculates lien payoff
are amortized by a staffmember, balances.
4. Utility u~age might be estimated or 4. Canopy estimates utility usage and any
recent balance information may be utility excise taxes. Any outstanding
provided, balances are also shown.
5. Utility usage is measured on the 5. Utility usage is measured on the
closing date. closing date.
6. Title company sends payment to city 6. Title company sends payment to city
for amount specified, for amount specified.
7. Final utility bills are sent after the 7. City sends a small refund cheek to
dosing date, when customer may have customer.
moved to another city.
8. If the city doesn't collect the final
balance immediately, subsequent
notices arc sent.
9. City uses a collections agency for
unpaid balances.
ph: (509) 585-~43~ , fax: (509) 585-2342 · email: greiner~web-check, net. 4~6 West 27th Place, KennewJck, Washington 99337
Cities City Revenue City Revenue City Revenue
Abet'deen 29,352 38,158 46,963
Anacortes 26.415 34,340 42,264
Arlington 22,730 29,549 36,368
Auburn 96,767 125,797 154,827
Sainbrfdge Island 45,628 59.316 73,005
Battle Ground 22.088 28,714 35,341
Bellevue 245,300 318,890 392.480
Bellingham 151,558 197,025 242,493
Bonney Lake 16,966 22,058 27,146
Bothei 67,034 87,144 107,254
Bremerton 81...~972 1.06~564 1~31,155
'~der 10,948 14,232 17,517
Burien 70,026 91,034 112,042
Camas 28,534 37,094 45,654
Centralia 25,415 33.040 40,664
Chehalis 10,522 13,679 16,835
Covington 30,448 39,582 48,717
Des Moines 85,120 84.656 104,192
Edgewood 20,284 26,369 32,454
Edmonds 87,098 113,227 139, 357
EIlensburg 26,282 34,167 42,051
Everett 211,178 274,531 337,885
Federal Way 184,558 239,925 295,293
Issaquah 28,490 37,037 45,584
Kenmore 41,338 53,739 66,141
Kent 180,180 234,234 288.288
Kennewick 94,826 123,274 151,722
Kirldand 100,694 130,902 161,110
Lacey 69,520 90.376 111,232
Lakewood 128.018 166,423 204.829
Longview 60.670 78,871 97,072
Lynnwood 74,822 97,269 119,715
Marysvflle 45,509 59,162 72,814
Mercer Island 32.955 42,842 52,728
Mfll Creek 26,334 34,234 42,134
Monroe 31,262 40,641 50,019
Moses Lake 25,857 33,614 41,371
Mount Vernon 44,982 58,477 71,971
Mountlake Terrace 34.629 4.5,018 55,406
Mukilteo 31.178 40,531 49,885
Olympia 93,566 121,636 149,706
Pasco 56,117 72,952 89,787
Port Angeles 31.314 40.708 50,192
Pullman 29,448 38,282 47,117
Puyallup 74.580 96,954 119,328
Redmond 100,078 130.101 160,125
Renton 86,938 113,019 139,101
Richland 86~570 112,541 138,512
Sammamish 76.032 98.842 121,651
Seatac 55.836 72.587 89,338
Seattle 965,770 1,255.501 1,545.232
Shoreline 117,526 152,784 188,042
Spokane 332.690 432,497 532,304
Tacoma 330,650 429,845 529,040
Tukwilla 37,906 49,278 80,650
Tumwater 21,709 28,222 34,734
University Place 51,323 66,720 82,117
Walla Walla 50.150 65,195 80,240
Wenatchee 41.890 54,457 67,024
Yakima 124,168 161,418 198, 669
WEBCI-I~CK UTILITY AND LIEN
INFORMATION ACCESS AGREEMENT
THIS WEBCHECK UTILITY AND LIEN INFORMATION ACCESS
AGREEMENT is made and emered into this day of , 2003, by and
between Webcheck, Inc., (hereafter referred to as "Webcheck") and City of
(herein referred to as "City").
RECITALS:
A. Webcheck, Inc., has developed and is marketing Intemet based soft'ware
and hardware applications in order to greatly improve the efficiency with which utility
and lien information may be exchanged between title insurance and escrow companies
and municipalities.
B. The City of desires to utilize Webcheck's software
and hardware products and services to improve the Cky's dissemination of utility and lien
information to title insurance and escrow companies.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL
COVENANTS, BENEFITS AND OBLIGATIONS CONTAINED HEREIN, THE
PARTIES AGREE AS FOLLOWS:
I. IDENTIFICATION OF PARTIES. Webcheck, Inc., is a Washington
corporation whose principal place of business is located at 416 West 27th Place,
Kennewick, WA 99337. The City of is a municipal
corporation located in County, Washington, whose business
address is located at
2. CANOPY. "Canopy" is the name given by Webcheck to a bundled
system which includes Intemet based computer sofa,rare applications developed by
Webcbeck, related computer hardware provided by Webcheck and utility and lien
information delivery and retrieval services made available to title insurance companies,
escrow companies and other persons or entkies with whom City may choose to contract.
3. GRANT OF CANOPY LICENSE AND USE OF CUSTOMER
PREMISES EQUIPMENT. Webcheck hereby grants to City and City hereby accepts
Webcheck Utility and Lien
Information Access Agreement
Page 1
from Webcheck a nontransferable, nonexclusive license to use the Canopy system,
including all computer software and hardware upgrades to be provided by Webcheck,
during the term of this Agreement. All of the Canopy computer soltware and hardware to
be provided by Webcheck to City as part of such system including, but not limited to,
servers and the software applications loaded on such servers (hereafter collectively
referred to as "Customer Premises Equipment" or "CPE") is described on Annex "A"
which is attached hereto and by this reference incorporated herein.
4. SERVICE LEVEL TERMS. Webeheck agrees to provide City with a
level of service equal to or greater than that which is set forth in the Service Level
Minimums described on Annex "B" which is attached hereto and by this reference
incorporated herein.
5. CITY TO PROVIDE PARCEL AND LIEN INFORMATION. It is agreed
that City shall, in a regular, timely and accurate manner, provide Webcheck, via the CPE,
with "read only" access to utility and lien information, which utility and lien information
will in turn be made available by Webcheck to title insurance companies, escrow
companies and other persons or entries to whom CRy desires to provide such information
using the Canopy system. CRy understands and acknowledges that Webcheck cannot
control the accuracy of any of the utility and lien ktformation transmitted by way of the
Canopy system. City further understands and acknowledges that communications via the
Internet may not be secure and may be subject to interception or loss. Webeheck
disclalm~ liability for, and City hereby releases Webeheck fi.om, all damages (including,
but not limited to, those for business losses and loss of data, data files or programs),
liabilities, costs, attorney's and expert's fees and all other expenses incurred by City
arising out of or relating to the use of the Canopy system and its component parts.
6. ADDITIONAL DUTIES OF CITY. City agrees to allow the placement of
the CPE on the premises of an appropriate City building to be designated by the parties
during the term of this Agreement. City further agrees to provide Webeheck, at no cost
to Webcheck, with the necessary technical computer related personnel and cooperation in
installing and maintaining Webcheck's CPE on the premises of such City building. City
further agrees to provide Iuternet access for the CPE either via an unused static IP
address or via the forwarding of TCP ports 80 and 22 fi.om a static IP address that is
Webcheck Utility and Lien
Information Access Agreement
Page 2
already in use (i.e., that of a router). City further agrees to provide Webeheck personnel
with unlimited remote access to the CPE via the Internet and provide Webcheek
personnel with physical access to the CPE as needed upon reasonable advance notice.
7. OWNERSHIP OF CUSTOMER PREMISES EQUIPMENT (CPE). It is
agreed by the parties that all CPE referred to herein is the sole property of Webeheck and
is being provided to City solely to allow City to utilize the Canopy system. Webeheck
shall, during the term of this Agreement, be responsible for maintaining the CPE in good
working condition. Provided, however, City shall reimburse Weheheck on a time and
materials basis as documented in an invoice for the costs to repair and/or replace
Webcheek CPE in the event of(a) misuse by City personnel or its agents, (b) failure by
City personnel or its agents to exercise reasonable care, (c) physical damage by City
personnel or its agents, (d) theR, or (e) disaster.
8. COMPENSATION/BILLING. Each Internet based utility and lien search
of a particular address with the jurisdiction of City made through the use of the Canopy
system shail be considered a "hit". City agrees to pay Weheheck the sum of Eight
($8.00) Dollars per hit made to the Canopy system for the initial lien figure and the first
two utilities figures provided and One ($1.00) Dollar for each additional utility figure
provided. City may, in turn, assess a charge to the title insurance company, escrow
company, other person or entity accessing City's utility and lien information by way of
the Canopy system. The parties agree that Webeheck will send a monthly invoice to City
at City's address set forth above (or at such other address as City might in the future
direct) and payment shall be made by City to Webcheck at Weheheck's address set forth
above (or at such other address as Webcheck might in the future direct) within thirty (30)
days of City's receipt of the invoice.
9. TERM OF AGREEMENT. This Agreement shall become effective as of
the date set forth above and may be terminated by either party for any reason upon thirty
30 days' prior notice to the other party. Such notice shall be provided in writing by the
terminating party to the non-terminating party at the address set forth above (or at such
other address as has been provided to the terminating party by the non-terminating party).
Upon termination, City shall immediately discontinue use of each and every component
of the Canopy system and shall allow Webeheck to enter upon City's premises during
Webcheck Utility. and Lien
Information Access Agreement
Page 3
regular working hours on twenty-four (24) hours advance notice to retrieve all CPE. City
furthermore agrees to return to Webeheck all training manuals and other Canopy related
materials provided by Webeheck to City during the term of this Agreement.
10. PROHIBITED ACTIONS. City and its employees, agents and persons
within its control shall not modify Canopy or any component part thereof in any manner
whatsoever or disassemble, &compile, reverse engineer or otherwise attempt to derive
source code fi.om any of the sol~wvare or hardware provided by Webcheck. City
understands and acknowledges that Webcheck has undertaken substantial efforts and has
incurred substantial expenses in developing Canopy. The parties acknowledge and agree
that, in the event that City or any of its employees, agents or persons within its control
violates any of the provisions of this Paragraph 10, Webcheck will be irreparably harmed.
The parties further acknowledge and agree that damages for any such violations will be
difficult to measure. Accordingly, the parties agree that in the event of any such
violations, Webcheck shall, in addition to any other remedies available to it at law or in
equity, be entitled to obtain injunctive relief or other appropriate orders to restrain any
further violations. In addition, it is agreed that City shall be obligated to pay to
Webeheck all of its damages or, in the alternative at Webcheck's option, liquidated
damages in the mount of Twenty-Five Thousand Dollars ($25,000) for each act that City
or any of its employees, agents or persons within its control undertakes in violation of
this Paragraph 10 for damages sustained as a result of such violations. In addition, the
parties agree that City shall be required to pay all of Webeheck's legal fees and costs
incurred with regard to obtaining enforcement of the terms of this Paragraph 10.
11. LIMITED WARRANTY. Webeheck warrants that the Canopy system, if
properly installed and used, shall materially conform to its intended purpose of providing
Internet based utility and lien information delivery and retrieval services, provided that
City performs its obligations set forth in this Agreement. The parties agree that City shall
promptly notify Webcheck in writing of any failures or defects with respect to the
Canopy system. Webeheck agrees to immediately correct such failures or defects to the
extent that such failures or defects are within the control of Webeheck. Webeheck agrees
to undertake reasonable efforts to ensure security of the Canopy system but cannot and
does not guarantee absolute immunity fi.om compromise. City may elect to provide
Webcheck Utility and Lien
Infvrmafion Access Agreement
Page 4
additional security at City's expense and Webcheck is willing to provide security
recommendations to City.
12. EXCLUSIONS. Notwithstanding the warranty provisions contained
herein, Webcheck shall have no warranty obligation with respect to ~anopy or uny
component part thereof which has been damaged by improper installation or operation by
personnel not in the employment of Webcheck or by misuse, abuse or negligent use or
repair or alteration or improper storage or which may have been damaged by use which
does not conform to the specific or general instructions given by Webcheck or if City or
any th/rd party has modified or attempted to modify Canopy or uny of its component
parts or if the damage has occurred due to causes external to Webcheck, whether or not
through the fault of City or if City has refused to implement changes recommended by
Webcbeck.
13. DISCLAIMER OF OTHER WARRANTIES. THE WARRANTY SET
FORTH HEREIN SHALL BE EXCLUSIVE AND IN LIEU OF ALL OTHER
LIABILITIES, OBLIGATIONS, CONDITIONS AND/OR WARRANTIES, EXPRESS
OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED AND/OR
STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-
INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS
ANY IMPLIED AND/OR STATUTORY WARRANTIES ARISING FROM THE
COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE),
AND CITY HEREBY WAIVES ALL OTHER RIGHTS, OBLIGATIONS AaND/OR
WARRANTIES AND ASSUMES ALL RISKS AND LIABILITIES IN RESPECT
THEREOF. WEBCHECK MAKES NO WARRANTY THAT THE OPERATION OF
CANOPY WILL BE ERROR-FREE OR WITHOUT INTERRUPTION. WEBCHECK
DOES NOT WARRANT THAT THE CPE WILL OPERATE WITH ANY
HARDWARE OR SOFTWARE OTHER THAN AS PROVIDED BY WEBCHECIC
14. MAXIMUM MONETARY LIABILITY FOR BREACH OF
WARRANTY. Notwithstanding unything herein to the contrary, the maximum aggregate
amount of money damages for which Webeheck may be liable to City under this
Agreement resulting fi.om uny cause whatsoever shall be limited to the amounts actually
paid by City to Webcheck under this Agreement.
Webcheck Utility and Lien
Information Access Agreement
Page 5
15. HOLD HARMLESS. City agrees to indemnify and hold Webcheck
harmless from any and all claims that might arise against Webcheck as a result of
damages suffered by any third party as a result of the dissemination of inaccurate utility
and lien information passing to or relied upon by such third party. City further agrees to
pay all of Webcheck's legal fees and costs incurred with regard to obtaining enforcement
of this hold harmless provision.
16. ATTORNEY'S FEES/VENUE/APPLICABLE LAW. The prevailing
party in any suit or action between the parties arising out of this Agreement shall be
entitled to recover from the other its costs and reasonable attorney's fees at trial and on
appeal and venue shall lie in Benton County, Washington, unless the parties agree
otherwise. The laws of State of Washington shall apply in any such proceedings.
17. NO ASSIGNMENT BY CITY. Neither this Agreement, nor any rights
hereunder, in whole or in part, shall be assignable or otherwise transferable by City and
any purported assignment or transfer shall be null and void.
18. NON-WAIVER. Failure of either party to insist upon strict performance
of the other party's obligations hereunder shall not be construed as a waiver of strict
performance thereatter of all of the other party's obligations hereunder and shall not
prejudice any remedies as provided herein.
19. SEVERABILITY. If any term or provision of this Agreement shall be
found to be illegal or unenforceable, then, notwithstanding such a legal £mding, such term
will be enfomed to the maximum extent permissible and the legality and enforceability of
the other provisions of this Agreement will not be affected. It is expressly understood
and agreed that each and every provision of this Agreement which provides for a
limitation of liability or limited warranty is intended by the parties to be severable and
independent of any other provision and to be enforced as such.
20. SIGNATURES. Each party represents and warrants that on this date the
individual executing this Agreement is duly authorized to bind its respective principal by
its signature below.
21. COUNTERPARTS. This Agreement may be executed simultaneously in
two or more counterparts, each of which shall be deemed an original and all of which,
when taken together, constitute one and the same document. The signature of any party
Webeheck Utility and Lien
Information Access Agreement
Page 6 .~0
to any counterpart shall be deemed a signature to, and may be appended to, any other
counterpart.
22. ENTIRE AGREEMENT. Except as otherwise set forth herein, this
Agreement constitutes the entire agreement of the parties and supersedes all prior
agreements and understandings, written or oral. This Agreement may be amended only
in writing executed by the parties.
IN WITNESS WHEREOF, the parties have signed this Agreement on the date set
forth above.
WEBCHECK, INC. CITY OF
JOHN C. GREINER, Presidem , City Manager
Webcheck Utility and Lien
Information Access Agreement
Page 7
STATE OF WASI-ffNGTON )
SS:
County of )
On this day personally appeared before me JOHN C. GREINER, to me known to
be the President of WEBCHECK, INC., that executed the within and foregoing
instrument, and acknowledged the instrument to be the flee and voluntary act and deed of
the corporation, for the uses and purposes therein mentioned, and on oath stated that he
was authorized to execute said instrument.
GIVEN under my hand and official seal this __ day of ~ 2003.
Notary Public in and for the State of
Washington residing at
My appointment expires:
STATE OF WASHINGTON )
SS:
County of )
On this day personally appeared before me ., to me
known to be the City Manager of CITY OF , who
executed the within and foregoing instrument, and acknowledged the instrument to be his
flee and voluntary act and deed of the CITY OF ., for the
uses and purposes therein mentioned, and on oath stated that he was authorized to
execute said instrument.
GIVEN under my hand and official seal this day of ,2003.
Notary Public in and for the State of
Washington residing at
My appointment expires:
Webeheck Utility and Lien
Information Access Agreement
Page 8
ANNEX A
CUSTOMER PREMISES EQUH'MENT (CPE)
[List to be provided - Generally this Annex will describe the server to be provided by
Webcheck and an Uninterruptible Power Supply (UPS) - but the UPS is ordy necessary if
City does not provide one. The server will be connected to the UPS for power (and for
communications if Webcheck provides the UPS).]
Webcheek Utility and Lien
Information Access Agreement
Page9
ANNEX B
SERVICE LEVEL MINIMUMS
1. 99% AVAILABILITY: Webcheck guarantees a minimum of 99% availability of
the Canopy service during normal business hours (8 AM to 5 PM, Monday -
Friday). This means that the service will not be off-line for more than two and
one-half (2.5) business days in each one year time period.
2. SCHEDULED MAINTENANCE DOWNTIME: Webcheck may schedule server
downtime during the hours of 11 PM and 6 AM. Scheduled downtime shall not
exceed two (2) hours per week.
3. EXCEPTIONS: This minimum service level does not apply to situations beyond
the immediate control of Webcheck. Such situations include, but are not limited
to, extended power failure, upstream Intemet access problems, Den/al of Service
(DOS) attacks, administrative error and disaster.
4. HARDWARE FAILURE: In the event of a server hardware failure, a
replacemem server will be sent to City via an ovenfight courier at Webcheck's
expense. A Webcheck technician will guide Cky personnel through the process
of replacing the server and the failed server will be immediately shipped back to
Webcheck by City at Webcheck's expense.
5. SERVICE LEVEL CREDITS: Webcheck will compensate City for thc total
unscheduled downtime in excess of two and one-half (2.5) business days which
occurs during normal business hours. To qualify for credits, City must report the
downtime and Webcheck must confirm that the problem was its own. Credits
shall be the greater of Fifty ($50) Dollars per hour or five times the average
hourly fees incurred by City in the previous month. City must request credits in
writing or by e-mail within ten (10) days of service restoration.
Webcheck Utility and Lien
Information Access Agreement
Page 10
DATE SUBMITTED: August 04, 2003 BILL # 0 3 AGENDA BILL
CITY OF BREMERTON q CITY COUNCIL
SUBJECT: PUBLIC HEARING ON Committee Meeting Date: August 12, 2003
ORDINANCE AMENDING TITLE 7 COUNCIL MEETING Date: ~
RELATING TO ANIMAL CONTROL Department: City Attorney's Office
Presenter: Simon Stocker
Phone: 473-2345
SUMMARY: Title 7 of the Bremerton Municipal Code was recently enacted to provide for updated
animal control enforcement. The proposed ordinance amends the provisions relating to animal
control in order to provide a more efficient and effective hearing process relating to animal control
authority decisions and to provide for other related amendments.
ATTACHMENTS: Proposed ordinance
FISCAL IMPACTS (Include Budgeted Amount): None
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
MAYOR:
FISCAL/BUDGET: , CONSENT AGENDA []
OPERATIONS:
COUNCIL PRESIDENT: ~'~,' ~ '- ~ ,
RECOMMENDED MOTION:
I4nove-to-approve~cd or4inanceamfirs~t r~ading_
I move to pass Ordinance No. q ~¢ ¢ on second reading.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
ORDINANCE NO. -!~/c
AN ORDINANCE of the City Council of the City of
Bremcrton, Washington, amending certain chapters of Title 7 of
the Brcmerton Municipal Code to amend provisions of Chapters
7.12 and 7.14 relating to animal control and repealing Chapter 7.16
relating to livestock restricted areas.
WHEREAS, thc current provisions of Title 7 of the Bremerton Municipal Code
relating to animal control were recently enacted to provide for updated enforcement; and
WHEREAS, the City Council desires to amend the provisions relating to animal
control in order to provide a more eff~cient and effective heating process relating to animal
control authority decisions and to provide for other related amendments; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION1. Chapter 7.12 of the Bremerton Municipal Code entitled"
Dangerous Animals" is hereby amended to read as follows:
Chapter 7.12
DANGEROUS ANIMALS
7.12.010 POTENTIALLY DANGEROUS ANIMALS.
(a) Declaration of an animal as potentially dangerous. The animal control authority shall
have the authority to declare and restrict an animal potentially dangerous, if the animal control
authority has probable cause to believe that the animal falls within thc definitions set forth in Section
7.04.020(v). The declaration must be based upon:
(1) The written complaint of a citizen who is willing to testify that the animal has
acted in a manner which causes it to fall within the definition of Section 7.04.020(v); (2) Animal bite i~ports filed with the animal control authority;
(3) Actions of the animal witnessed by any employee of the animal control
authority or law enforcement officer; or
(4) Other substantial evidence.
(b) Exclusions. An animal shall not be declared potentially dangerous if the animal
control authority determines, by a preponderance of the evidence, that the threat, injury, or bite alleged
to have been committed by the animal was sustained by a person who was at the time committing a
willful trespass or other tort upon thc premises occupied by thc owner of the animal, or who was
tormenting, abusing, or assaulting the animal, or who had been in the past observed or reported to
have tormented, abused, or assaulted the animal, or who was committing or attempting to commit a
crime.
(c) Restrictions. The animal control authority may impose any or all of the following
Animal Control
restrictions on an animal to protect the public safety or other animals:
(1) Training. The animal control authority may require the owner of the
potentially dangerous animal and the animal to attend, complete, and pay all costs associated with an
accredited obedience/training class or seminar. The animal control authority shall pre-approve any
choice of class by the owner of the animal, and proof of satisfactory completion of such training shall
be provided to the animal control authority upon completion, even if such type of training has been
completed by the animal in the past.
(2) Restraint. The animal control authority may require the owner of the
potentially dangerous animal to muzzle, leash, collar, confine, lock, isolate, or remove the animal fi:om
the City, or any combination of the foregoing.
(3) Indemnification. The animal control authority may require the owner of the
potentially dangerous animal to prove purchase of liability insurance or bond and renewals in the
amount of $50,000.00 or more, as set by the animal control authority. The insurer/bond issuer must be
qualified under Title 48, RCW, and must provide coverage/funds to offset any injuries inflicted by the
potentially dangerous animal. All costs associated with the insurance/bond must be paid by the
insured.
(4) Warning. The animal control authority may require the owner of a potentially
dangerous animal to post all entrances to any property where such animal is located with such visible
waming sign(s) as the animal control authority deems necessary.
(5) Financial responsibility. The animal control authority may require the owner
of a potentially dangerous animal to pay any costs associated with enforcement of this section
including, but not limited to, those stated above.
(d) Prohibited ownership. No person(s) under the age(s) of eighteen years old shall own a
potentially dangerous animal, as defined in Section 7.04.020(v).
(e) Notice of animal control authority declaration. If the animal control authority receives
a report of a potentially dangerous animal, it shall immediately initiate an investigation including, but
not limited to, interviewing the complainant(s), interviewing the owner of the animal, if known, and
observing the animal. Upon completion of its investigation, if the animal is declared potentially
dangerous, the animal control authority shall prepare a written declaration. The declaration shall
include, but is not limited to, a description of the animal, the name and address of the owner of the
animal, if known, a brief summary of the facts upon which the declaration is based, a statement of any
restrictions placed on the animal or owner as a consequence of the declaration, a statement of the
penalties for further violations, and notice of the right to appeal the declaration.
(f) Service of notice of declaration. The animal control authority shall personally serve or
send by certified mail its declaration to the owner of the animal. If the owner is unknown, the animal
control authority shall make reasonable efforts to notify the owner of its written declaration.
(g) Appeal to the municipal court hearing examiner. The owner of an animal
declared potentially dangerous shall have ~seven (7) calendar days from receipt of the
written declaration to appeal the declaration to the Gits~m~q~,-M___unicipal Gc_ourt
t4hearings ~__xaminer pursuant to BMC 2.62.045. Unless otherwise agreed to by the animal
owner, the appeal hearing must be scheduled to be heard within 21 calendar days from the City's
receipt of the notice of appeal, ur;,~; ......... ~.~ .~ ..... r .... :-.;~ '~-~ --,~* ...... :~ cf
appealrtT_he ~municipal G~_ourt ~thearings Ee_xaminer shall :cked',:!:
, .... ~ ~.~. · ~ ~..r~.~ ,~.. ~.~..~ ...... : ..... '~ provide written notice of the hearing date and
2
Animal Control
time to the owner of the potentially dangerous animal and to rthe animal control authority,
~he-h~-s~fl~,~. Such notice must be provided at least seven (7) calendar days prior to the
scheduled heating.
(h) Hearing before the municipal court hearing examiner. At the appeal heating
before the municipal court heating examiner, the animal control authority shall have the burden
of proving that the animal is potentially dangerous by a preponderance of the evidence. The
owner of the animal may present evidence in defense of the animal. The municipal court heating
examiner shall weigh the evidence presented by both the animal control authority and the owner
(if applicable), and shall issue a written decision to the appealing animal owner and animal
control authority that either sustains or reverses the animal control authority's declaration, t-f--the
~) Change of ownemhip, custody, and/or residence. Owners of an animal that has been
declared potentially dangerous who sell, barter, or otherwise transfer the ownership, custody, or
residence of the animal shall, within fourteen calendar days of the change, inform the animal control
authority in writing of the name, address, and telephone number of the new owner, and/or the address
of the new residence where the animal is located. Such notice shall also include the name, description,
and license number of the animal. In the event the ownership and/or custody of the animal changes,
the owner shall notify the new owner in writing of the details of the animal's record relating to being
declared potentially dangerous and the terms and conditions of the declaration. The owner shall also
provide the animal control authority with a copy of the written notification that shall contain a
notarized statement by the new owner acknowledging receipt of the original notification.
Oh) Failure to abide by restraints. Failure on the part of the owner(s) of a potentially
dangerous animal to abide by the restraints placed upon the owner(s) or their animal by the animal
control authority, municipal court heating examiner, district court, or superior court may result in
impoundment of the potentially dangerous animal by the animal control authority as well as further
punitive action pursuant to Section 7.12.020.
7.12.020 FAILURE TO CONTROL AN ANIMAL DECLARED
POTENTIALLY DANGEROUS.
(a) Misdemeanor. When an animal has been previously declared potentially dangerous,
by a court, animal control authority or municipal court heating examiner, the owner of the potentially
dangerous animal shall be guilty of a misdemeanor if such animal is thereafter found: (1) At large;
(2) To have, when unprovoked, inflicted a bite(s) upon a human, pet, or livestock
either on public or private property;
(3) To have chased or approached a person upon the streets, side-walks, or any
other public grounds in such a manner as to significantly threaten the safety of humans, pets, or
3
Animal Control
livestock; or
(4) To have caused injury to or otherwise threatened the safety of humans, pets, or
livestock. This section shall not preclude immediate criminal prosecution trader RCW 16.08.100 in a
fLrst bite situation causing severe injury or death of any human.
(b) Impoundment of potentially dangerous animals. In the event that a potentially
dangerous animal is impounded due to the owner's failure to abide by the restraints imposed by
the animal control authority, municipal court hearing examiner, district court, superior court or
_mMunicipal court, the animal shall be forfeited to the Animal Control Authority unless the
owner of the animal makes a written request for a hearing before the municipal court hearing
examiner in the same manner as an appeal pursuant to BMC 2.62.045 within seven (7) calendar
days of the date the notice of impound was provided. Ifa hearing is requested, the heating must
be scheduled to be heard within twenty one (21) calendar days from the City's receipt of the
request for a heating, unless otherwise agreed to by the animal owner. ~'~" *'~ ~' '":'~: .......
~Tthe municipal court hearing examiner toshall determine whether it is in the
best interest of the community that the animal should be returned to the owner, forfeited by the
owner to the Animal Control Authority, or euthanized by the Aanimal Ce, ontrol Aauthority. The
municipal court hearings examiner shall provide written notice of the hearing date and time to
the owner of the animal and to the animal control authority. Such notice must be provided at
least seven (7) calendar days prior to the scheduled hearing. XT~*:~ ~*~.~ ~-~-~---- ~.n, ~.~ ~o
7.12.030 DANGEROUS ANIMALS.
(a) Declaration of an animal as dangerous. The an/mai control authority shall have the
authority to declare an animal as dangerous, if the animal control authority has probable cause to
believe that the animal falls within the definitions set forth in Section 7.04.020(j). The declaration
must be based upon:
(1) The written complaint of a citizen who is willing to testify that the animal has
acted in a manner which causes it to fall within the definition of Section 7.04.0200); (2) Animal bite reports filed with the animal control authority;
(3) Actions of the animal witnessed by any employee of the animal control
authority or law enforcement officer; or
Animal Control
(4) Other substantial evidence.
(b) Exclusions· An animal shall not be declared dangerous if the animal control authority
determines, by a preponderance of the evidence, that the threat, injury, or bite alleged to have been
committed by the animal was sustained by a person who was at the time committing a willful trespass
or other tort upon the premises occupied by the owner of the animal, or who was tormenting, abusing,
or assaulting the animal, or who had been in the past observed or reported to have tormented, abused,
or assaulted the animal, or who was committing or attempting to commit a crime.
(c) Possession unlawful. It shall be unlawful to possess an animal, inside the City Limits
of Bremerton, that has been declared to be dangerous by any agency, animal control authority,
municipality or court. This prohibition on possession does not apply to the animal control authority or
police department. It is a Gross Misdemeanor to violate this provision.
(d) Euthanasia. If the animal control authority determines that the restrictions placed on
the ownership of dangerous dogs/animals by RCW 16.08 or other applicable state statutes are
insufficient to protect the public from a particular animal declared dangerous, the animal control
authority may order the animal euthanized.
(e) Notice of animal control authority declaration. If the animal control authority receives
a report of a dangerous animal, it shall immediately initiate an investigation including, but not limited
to, interviewing the complainant(s), interviewing the owner of the aninaal, if known, and observing the
animal. Upon completion of its investigation, if the animal is declared dangerous, the animal control
authority shall prepare a written declaration. The declaration shall include, but is not limited to, a
description of the animal, the name and address of the owner of the animal, if known, a brief summary
of the facts upon which the declaration is based, a statement of any restrictions placed on the animal or
owner as a consequence of the declaration, a statement of the penalties for further violations, and
notice of the right to appeal the declaration.
(f) Service of notice of declaration. The animal control authority shall personally serve or
send by certified mall its declaration to the owner of the animal. If the owner is unknown, the animal
control authority shall make reasonable efforts to notify the owner of its written declaration.
(g) Appeal to the municipal court hearing examiner. The owner of an animal
declared dangerous shall have f,vu,~ccn seven {7) -calendar days, from receipt of the written
declaration: to appeal the declaration of the animal control authority to the
rnMunicipal cGourt _ht4earings eExaminer pursuant to BMC 2·62·045. Unless otherwise agreed
to by the animal owner, the appeal heating must be scheduled to be heard within 21 calendar
days from the City's receipt of the notice of appeal xxr~,~ ......... ~. ~
, tThe G/~_mMunicipal cGourt _ht4earings _e, gxaminer shall
date and time to the owner ofth~ animal; and the animal control authority,--tmd4he
(h) Hearing before the municipal court hearing examiner. At the appeal hearing before the
municipal court hearing examiner, the animal control authority shall have the burden of proving that
the animal is dangerous by a preponderance of the evidence. The owner of the animal may present
evidence in defense of the animal. The municipal court heating examiner shall weigh the evidence
presented by both the animal control authority and the owner (if applicable), and shall issue a written
decision to the appealing animal owner and animal control authority that either sustains or reverses the
animal control authority's declaration. If the declaration is sustained or reversed by the municipal
5
Animal Control
court hearing examiner, the appealing animal owner or the animal control authority shall be notified of
the right to appeal. If the declaration is reversed and an appeal is not timely filed by the animal control
authority, any restrictions on the animal previously imposed shall be annulled.
(ii) Change of ownership, custody, and/or residence. Owners of an animal that has been
declared dangerous who sell, barter, or otherwise transfer the ownership, custody, or residence of the
animal shall, within fourteen calendar days of the change, inform the animal control authority in
writing of the name, address, and telephone number of the new owner, and/or the address of the new
residence where the animal is located. Such notice shall also include the name, description, and
license number of the animal. In the event the ownership and/or custody of the animal changes, the
owner shall notify the new owner in writing of the details of the animal's record relating to being
declared dangerous and the terms and conditions of the declaration. The owner shall also provide the
animal control authority with a copy of the written notification that shall contain a notarized statement
by the new owner acknowledging receipt of the original notification.
7.12.040 =' & il TTI~I~ mn
.................. POSSESSION OF AN ANIMAL
DECLARED DANGEROUS.
(a) Gross Misdemeanor. When an animal has been previously declared dangerous, by a
court, animal control authority or municipal court hearing examiner, the owner of the dangerous
animal shall be guilty ora gross misdemeanor if such animal is thereafter found:
(1) In the owner's possession inside Bremerton City limits; or
(2) Inside City limits under circumstances evidencing that the animal was
intentionally brought into the City by the owner or at the request or acquiescence of the owner.:go
(b) Impoundment of dangerous animals. In the event that a dangerous animal is
impounded due to the animal being found within the Bremerton City limitso~q~qaitur~4~
..... .~ ...... .., ~. x~.._:~:_~ r,c.~h~, the animal shall be forfeited to the Animal Control Authority
unless the owner of the animal makes a written request for ' ' '
a heanng within
seven {7) calendar days of the date the notice of impound was provided to the owner of the
animal. If a hearing is requested, the hearing must be scheduled to be heard within twenty one
(21) calendar days from the day of the City's receipt of the request for a hearing before the
municipal court hearing examiner in tke same manner as an appeal pursuant to BMC 2.62.045,
unless otherwise agreed to by the animal owner, by T~he municipal court hearing examiner
Animal Control
shallto determine whether it is in the best interest of the community that the animal should be
returned to the owner, forfeited by the owner to the animal control authority, or euthanized by
the animal control authority. The municipal court hearing examiner shall provide written notice
of the hearing date and time to the owner of the potentially dangerous animal and to the animal
control authority. Such notice must be provided at least seven (7) days prior to the scheduled
v~ v , ......ate.
SECTION2. Section 7.14.010 of the Bremerton Municipal Code entitled
"Misdemeanors/Gross Misdemeanors" relating to animals is hereby amended to read as follows:
7.14.010 MISDEMEANORS/GROSS MISDEMEANORS.
(a) The following are declared to be misdemeanors:
(1) Removing License Tag. For a person other than the owner, keeper or other
authorized person to remove the license tag fi.om an animal required or permitted to be licensed
pursuant to this title;
(2) No Valid License. To operate a commercial pet facility, animal welfare facility,
or grooming parlor without a valid license;
(3) Regulatory Violations. To operate a commercial pet facility, animal welfare
facility, or grooming parlor in a fashion contrary to that required by Section 7.08.030;
(4) Failure to Respond. To fail to respond to a notice ofinfl'action issued pursuant
to Section 7.14.030;
(5) Abandonment of Animal. For an owner or keeper to have an animal under
circumstances which manifest an intent to abandon it;
(6) Selling an Ill or Injured Animal. For an owner or keeper to sell an animal
knowing it to be ill or injured without first disclosing such knowledge to buyer;
(7) Refusal to Quarantine. For an owner or keeper to refuse to quarantine or
permit the quarantine of an animal when and as required by Section 7.10.020;
(8) Interfering with Impounding. For a person to prevent, obstruct or hinder the
impoundment of an animal pursuant to Section 7.10.010;
(9) Possession of Any Creature that is Venomous, Poisonous, Wild or otherwise
prohibited. For a person to own or maintain any lion, tiger, bear, monkey, chimpanzee, gorilla, cougar,
Animal Control
mountain hon, badger, wolf, hybrid, coyote, fox, lynx, alligator, camen, crocodile, or
venomous/poisonous creature, or other wild animals; provided, that circuses, zoos, licensed trappers
and animal welfare organizations are exempt from this regulation if proper safeguards are taken, as
required in the event permitting process, to protect the public and that the animal control authority is
notified of their arrival and duration of stay in the City. Provided further, that state-registered wildlife
rehabilitation centers are exempt from this section with regard to care and rehabilitation of those wild
animals that are indigenous to North Amehca;
(10) Possession of any snake over 7 fi in length. For an owner and/or keeper of an
animal to maintain possession of any snake after it has exceeded 7 feet in length.
..... +~'~*" ',','hick dec!areal thc animal '-~*o ....... v .......... : ~.~, .......ossess~on of
Livestock. For an owner and/or keeper of livestock to own or possess livestock inside
Bremerton City Limits. This provision shall not apply to individuals in the process of
transporting livestock through the City when such entr~ into the City is of minimal duration and
the livestock are properly secured for transport in a cage or other suitable enclosure.
(12) Cruelty to Animals. Any person who is in any manner or by any means
commits an act~_.,v of_.j ,,ruelty to any animal is guilty ora misdemeanor. Examples of
cruelty for the purposes of this section are as follows (this list is not intended as or to be
interpreted as an inclusive limited list):
(i) Willfully or inhumanely injure or kill any animal;
(ii) Intentionally cause or fail to alleviate any pain, suffering or injury
of any animal;
(iii) Willfully lay out, leave or expose any poison intended for animals
or fowl on any premises, or aid or abet any person in so doing, unless in accordance with the
provisions of RCW 16.52.190;
(iv) Confine an animal within a motor vehicle under conditions that
may endanger the health or well-being of the animal, including but not limited to extreme
temperatures or lack of food or water.
Any animal control or police officer is authorized to remove an animal from a motor
vehicle, at any location, when the officer reasonably believes the animal is confined in violation
of this section.
An animal so removed shall be delivered to the animal control shelter of the animal
control authority. The removing officer shall leave written notice of the removal and delivery,
including the officer's name in a conspicuous, secure location on or within the vehicle.
(13) Faihire to c n ' ' - ....... *+~
o trol an ammal declared potentially dangerous._ v ........ See
(14) Failure to report striking of an animal with a vehicle. Any person who fails to
report the stdking of an animal to the animal control authority or law enforcement. No person shall be
held liable for the injury or death of an animal under this section unless found to have committed a
crime pursuant to the provisions of RCW 16.52 or this section;
Animal Control
(b) The following are declared to be gross misdemeanors:
(1) Obstructing a law enforcement officer/animal control authority. For any
person to willfully hinder, delay, or otherwise obstruct any law enforcement officer including,
but not limited to, any animal control authority employee in the discharge of the employee's
official powers or duties;
· ~. c~:, ...... ~ ....... an ammal previously declared
(2) Possesmon of ........... """*""~ '
dangerous. See BMC Section 7 12 040; by a .... .., n_;~ ...... ~ ...,~.~, .... ~.~.~
(3) Habitual violators. Any owner receiving two or morc any combination of
four or more:
(i) eConvictions, singularly or in combination, of crimes relating to
animals within a five-year period;; and/or
(ii) fmmor-mor~Mnfractions under BMC Title 7, singularly or in
combination, pursuant to Section 7.14.030 found to be committed by the Municipal court within
a five-year period shall be guilty of a Gross Misdemeanor for each additional act constituting a
crime or infraction under BMC Title 7.
SECTIONS. Section 7.14.030 of the Bremerton Municipal Code entitled
"Infractions" relating to animals is hereby amended to read as follows:
7.14.030 INFRACTIONS.
(a) The following are declared to be Class 1 civil infractions:
(1) Animal at large. For the owner of a pet or livestock to suffer or permit
such animal to leave the premises of the owner, unless the animal is under physical restraint
adequate to the size and nature of the animal or is sufficiently near its owner to be under its
owner's direct control and is obedient to its owner's commands, except that all dogs must be
leashed when not on the premises of the owner. Exceptions to this restriction are pets engaged in
formal training, hunt or competition, or service dogs engaged in an activity for which they are
trained or in service;
(2) Animal in heat. For the owner of a pet in heat to keep such an animal
where it is accessible to male animals, unless such accessibility is for the purpose of planned
breeding;
(3) Animal noise. For any person(s) to own any animal which by its barking,
howling, baying, squealing, crowing, crying, bleating, screeching, or making any other noise by
its volume or frequency unreasonably disturbs or interferes with the peace of any person(s) for
more than fifteen minutes in any one-hour period of any day, and is documented by three or
more separate episodes of such noise in a sequential seven-day period. The burden is upon the
owner of such animal(s) to maintain quiet. Exceptions to th~s subsection are
pem,,it4ed-zonesrcommercial pet facilities, animal welfare facilities, veterinary hospitals, or
grooming parlors otherwise in compliance with the Bremerton Municipal Code including, but
not limited to Section 7.08.030, or those who can substantiate that such animal noise was caused
Animal Control
by an injury or illness of the animal(s) or by willful trespass, torment, or abuse of the animal(s)
on its property by others.
Enforcement may be undertaken only upon written receipt of a complaint made to either
the animal control authority or law enfomement by a person(s) residing at or who is employed in
an area affected by such public noise disturbance. Any such animal(s) shall be deemed a
nuisance and may be seized and impounded, pursuant to Section 7.10.010(a), if the disturbance
reoccurs after the owner or custodian of such animal(s) has received two written warnings from
either the animal control authority or law enfomement within a calendar year;
(4) Damaging property. For the owner of a pet or livestock to suffer or permit
the animal to leave the premises of the owner and thereafter cause damage to any thing of value
or any other pet or livestock;
(5) Disturbing pedestrians. For the owner of a pet or livestock, when off the
property of the owner' ' , to suffer or permit the animal to disturb people
lawfully on public ways. For the purpose of this section, "disturb" shall mean to chase or
approach a person upon the streets, side-walks, or an,/other public grounds or private property in
a menacing fashion or apparent attitude of attack;
(6) Chasing vehicles. For the owner of a pet or livestock to suffer or permit
the animal to chase or run at or after vehicles lawfully on public ways;
(7) Reporting and releasing stray animals. For any person to fail to notify the
animal control authority that a stray pet or livestock is in the person's possession, or to refuse to
release such stray animal to the animal control authority upon demand;
(8) Releasing animal. For any person except the owner or other authorized
person to release any pet or livestock from confinement;
(9) Excess number of animals. To own more than a total of four (4)
household pets as provided in BMC 7.08.010(f) at the same place or residence without a valid
commercial pet facility or animal welfare facility license;
(10) Failure to license. To fail to license a cat or dog as required by Section
7.08.010(a);
(11) Animal bites. To own a pet or livestock that bites a person while such
person is on public property or lawfully on private property;
(12) Agitating an animal. To intentionally agitate,- harass, or provoke a pet or
livestock;
(13) Failing to notify animal control authority of change of ownership, custody,
and/or residence. For any owner of an animal that has been declared dangerous or potentially
dangerous to sell, barter, or otherwise transfer the ownership, custody, or residence of such an
animal without notifying the animal control authority within fourteen calendar days of the
change as required by Section 7.12.010(.j) or to otherwise fail to comply with the requirements of
that section;
(14) Sale, barter, or other transfer of pets in public places prohibited. It is
unlawful to sell, barter, or otherwise transfer for the purpose of changing ownership any pet in an
area open to the public, unless such activity is pursuant to Section 7.08.030, or occurs at a
sanctioned dog or cat show;
(15) Failure to provide adequate care. For any owner of a pet or livestock to
fail to:
10
~ ~ Animal Control
(i) provide adequate food and water for any pet or livestock, as
defined in Section 7.04.020(1);
(ii) provide adequate shelter for any pet or livestock, as defined in
Section 7.04.020(2), except as may be appropriate for short term medical requirements or
generally accepted livestock husbandry practices such as swine farrowing;
(iii) provide appropriate habitat and medical care; or
(iv) maintain facilities housing pets in a healthful, sanitary, and safe
manner.
.................... ~ .......................... Cr ~O .......... ~- .......................... 7
(-1-71_~) Transporting a pet or livestock in the open bed of a pickup truck or other
outside part ora vehicle unless a suitable harness, cage, or enclosure is utilized and attached so
as to protect such animal from failing or being thrown from thc vehicle, and would not by its
design or application cause injury to the animal;
(-1-~l_~) Pets chasing livestock. For the owner ora pet to permit that animal to
harass or chase another owner's livestock, when not engaged in thc specific work of herding
approved by the owner of the livestock;
(4918) Animal waste. For the owner of a pet to fail to remove deposits of fecal
material originating from the owner's animal from public or private property unless the owner of
such property has given permission for such material to bc deposited. This shall not authorize
such deposits as are otherwise governed by public health regulations or other provisions of this
code.
(-24~1~) Outdoor Feeding. To feed or allow any domestic or wild animals or birds
to feed outdoors at such times and in such numbers that feeding birds or animals create and
unreasonable disturbance or accumulation of droppings on surrounding properties, including
public property.
(20) Ownership or possession by a person under thc age of eighteen years old
of any dangerous or potentially dangerous animal.
SECTION4. Chapter 7.16 of the Bremerton Municipal Code entitled 'Livestock
Restricted Areas' is hereby repealed in its entirety.
SECTION 5. Severabilit~. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect thc validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect.
11
t~{o Animal Control
SECTION 6. 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.
APPROVED by the City Council the day of ,2003
PASSED by the City Council the day of _, 2003
CAROL ARENDS, Council President
Approved this day of ,2003
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of 2003
EFFECTiVE the day of ,2003
ORDINANCE NO.
R:\LEGAL\Ordinances\Administration~Animal Control Amendment.doc
12
~'7 Animal Control
DATE SUBMITTED: August 4, 2003 BILL # 0 3 ' [
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: PUBLIC HEARING ON Committee Meeting Date: August 19, 2003
ORDINANCE AMENDING CHAPTER COUNCIL MEETING Date: At~t~. 27 & Sep. 10, 2003
2.05 RELATING TO APPOINTMENT Department: City Attomey's Office
AND CONFIRMATION OF Presenter: Simon Stocker
DEPARTMENT DIRECTORS Phone: 473-2345
SUMMARY: The current provisions of Chapter 2.05 BMC provide for submission of a job
description and employment contract to Council only upon request of the City Council prior to
confirmation, appointment or provisional appointment to a director's position. The proposed
ordinance removes the language "as requested" and requires submission of a job description and
professional services contract prior to confirmation, appointment or provisional appointment to a
director's position. The ordinance also eliminates the requirement for submission of a job description
and employment contract for provisional appointments.
ATTACHMENTS: Proposed ordinance A/v. ¥~ 6 7
FISCAL IMPACTS (Include Budgeted Amount): None
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
,~k...~-g"-( ( ~ CONSENT AGENDA []
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
I move to pass Ordinance No. /4 f} 6 7 on second reading.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
ORDINANCE NO. ~ ¢ (~ '?
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 2.05 entitled
"Departments and Directors;" by revising provisions relating to the
approval of job descriptions of department directors prior to
confirmation of appointment.
WHEREAS, the City Council desires to revise the provisions relating to the
approval of job descriptions of department directors prior to confirmation of appointment; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHiNGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION1. Chapter 2.05, of the Bremerton Municipal Code entitled
"Departments and Directors" is hereby amended by amending Section 2.05.020 relating to
appointment of department directors to read as follows:
2.05.020 APPOINTMENT AND CONFIRMATION OF DEPARTMENT
DIRECTORS.
(a) Mayoral appointments of department directors shall be subject to confirmation by
the City Council. Prior to an appointment or a provisional appointment to a newly created
department director's position or prior to confirmation of an appointment
~rv ............ to a vacancy of department director s position, a job descnptmn for the posmon as
well as the · '
anticipated employment v. v .................... contract, if any, shall be submitted to
the City Council for review and approval a~-~-equested. The appointment and confirmation shall
be pursuant to the terms and conditions as approved by the City Council. The Mayor may make
provisional appointments to fill the vacancy of a department director. No provisional
appointment(s) to a non-civil service department director's position shall extend beyond one
hundred twenty (120) days from the date of original appointment without the consent of the City
Council. Provisional appointments to a civil service department director's position shall be made
pursuant to civil service rules. Upon the provisional appointment to a vacancy, the
Administration shall notify City Council of such appointment.
(b) The appointees, when confirmed, shall serve as "at will" employees subject to
termination by the Mayor without cause at any time with no notice or hearing unless otherwise
provided pursuant to applicable civil service role or regulation, the City Charter, ordinance, or
terms and conditions as approved by the City Council.
(c) Pursuant to the City Charter, the City Attorney may be removed by the Mayor
with the concurrence of a majority of the City Council sitting as a whole, or by the City Council
alone, provided that removal by the City Council alone shall require a 2/3r~ vote of the entire
City Council.
SECTION2. Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
1
tin Director Job Description
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.
APPROVED by the City Council the day of ,2003
PASSED by the City Council the day of ,2003
CAROL ARENDS, Council President
Approved this . day of ., 2003
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attomey
pLrBLISHED the day of ,2003
EFFECTIVE the day of ,2003
ORDINANCE NO.
R:\LEGAL\Ordinances~AdministrationXDirector Job Description.doc
Director Job Description
DATE SUBMITTED: August 26, 2003 BILL # ~ -~
AGENDA BILL
CITY OF BREMERTON qC
CITY COUNCIL
SUBJECT: Committee Meeting Date: September 2, 2003
Public Hearing and Ordinance amending Chp COUNCIL MEETING Date: September 10, 2003
2.76 of the BMC establishing a System for Department: Finance Department
the Issuance, Use and Control of Presenter: Michael R. Wilson
Credit/Purchase Cards Phone: 473-5590
SUMMARY:
The Department of Finance is proposing that the City Council authorize the Mayor and Finance
Director to implement and maintain an internal operating system for the distribution, authorization
and control of credit/purchase cards issued to and for the benefit oftbe City and used by City
employees and officials. The use of credit/purchase cards is a customary and economical business
practice to improve cash management, reduce costs, and increase efficiency in how department's
conduct their daily business.
ATTACHMENTS:
A. Credit/Purchase Card Policy Ordinance
FISCAL IMPACTS (Include Budgeted Amount): No direct budgetary impact. Positive fiscal
benefit through improved internal control, accounting and claims processing of City purchases.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY: ..~~.~__.~.
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS: ~ ~.~. .... CONSENT AGENDA []
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
A. I move to approve an ordinance on first reading relating to adopting a system for the issuance,
use and control of credit/purchase cards by City officials and employees and amending Chp 2.76 of
the BMC.
B. I move to pass Ordinance No. __ on second reading relating to adopting a system for the
issuance, use and control of credit/purchase cards by City officials and employees and amending Chp
2.76 of the BMC.
COUNCIL ACTION: [] Avprove L~] Deny [] Table [] Continue ~] NoAction
ORDINANCENO.
AN ORDINANCE of the City Council of the City of Bremerton,
Washington, amending Chapter 2.76 of the Bremerton Municipal
Code by adding a new section relating to a system for the issuance,
use and control of credit/purchase cards by City officials and
employees.
WHEREAS, the City Council of the City of Bremerton finds it advantageous for
the City to use a credit/purchase card system for certain official City purchases; and
WHEREAS, the City finds that the use of credit/purchase cards is a customary
and economical business practice to improve cash management, reduce costs and increase
efficiency; and
WHEREAS, the City strives to perform all functions in an efficient and cost effective
manner; and
WHEREAS, the Washington State Legislature has enacted legislation codified as
RCW 43.09.2855 requiring that any City which contracts for the issuance and use of credit
(purchase) cards adopt policies governing the distribution, authorization, credit limits, payment
and control of such credit (purchase) cards; and
WHEREAS, the current provisions of the Bremerton Municipal Code do not
contain provisions relating to a system for the issuance, use and control of credit/purchase cards
by city officials and employees; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON. WASHINGTON,
DOES RESOLVE AS FOLLOWS:
SECTION 1. A new section, Section 2.76.550, entitled "Credit/Purchase Card
Use" is hereby added to the Bremerton Municipal Code as follows:
2.76.550 CREDIT/PURCHASE CARD USE.
(a) The Director of Finance shall implement and maintain the following system for
the distribution, authorization and control of credit/purchase cards issued to or for the benefit of
the City and used by City officials and employees.
(1) Distribution. Credit cards may be distributed to those City officials and
employees who, in the opinion of the Director of Finance or his/her designee, have job
responsibilities that would benefit or otherwise be facilitated by use of credit/purchase cards.
(2) Authorization and Control. The Director of Finance shall develop specific
administrative guidelines and accounting controls to ensure the proper usage of credit/purchase
cards and related funds. Credit/purchase cards are to be used when it is in the best interest of
City administrative affairs.
Credit/Purchase Cards
(3) Application. The individual holder, upon prior approval of the Director of
Finance or his/her designee, shall use each credit/purchase card in a responsible manner.
(4) Credit Limits. The Director of Finance or his/her designee shall set credit/
purchase limits on each card issued subject to final approval by the Mayor. Individual purchases
shall not exceed $5,000 and in no event shall the credit/purehase card limit exceed $10,000 for
any individual credit/purchase card account without pre-approval of the Director of Finance and
Mayor.
(5) Credit Card Restriction. The following will be considered an
unauthorized purchase or use of any City credit/purchase card:
(i) cash advances;
(ii) payment of invoices or statements;
(iii) purchases where an open charge account would be utilized; and
(iv) personal purchases of any kind
(6) Disallowed Charges. Disallowed charges or charges not properly
identified will be paid by the employee before the charge card/purchase billing is due. Failure to
do so will render the employee personally liable where the City shall have a prior lien against
and a right to withhold any and all funds payable or to become payable to the employee up to the
unpaid amount, plus interest and/or fees at the rate charged by the bank that issued the cost.
Employee shall not use the credit/purchase card if any disallowed charges are outstanding.
The act of obtaining a City credit/purchase card does not indicate pre-approval of
expenditures.
(7) Return of Credit/Purchase Card. The employee shall return all City credit/
purchase cards at the request of the Director of Finance or designee, or upon separation of
employment. Final paycheck will be held until all outstanding City property has been returned.
(b) The Mayor and Director of Finance are authorized to implement any additional
policies or administrative procedures necessary to implement the provisions of this Section.
SECTION2. 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 fi.om and atter its passage, approval and publication as provided by law.
APPROVED by the City Council the day of ,2003
PASSED by the City Council the day of ,2003
CAROL ARENDS, Council President
Credit/Purchase Cards
APPROVED this day of ,2003
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of ,2003
EFFECTIVE the .clay of ., 2003
ORDINANCE NO.
R:~LEGAL\OrdinancesXFinance\Credit Card Policy.doc
Credit/Purchase Cards
ADMINISTRATIVE
POLICIES/PROCEDURES
Subject: Purchase Card Procedures Number: ADMIN-8
Effective Date: Approved:
NEW
1.0 PURPOSE
The City of Bremerton Purchase Card Program is designed to assist in the management
and payment of business-related purchases; provide benefits to individual staff, City
departments and vendors; and streamline the procurement process. Allowing employees
to use Purchase Cards will virtually eliminate the use of traditional purchase orders and
in many cases the need for check requests or petty cash. Purchase Cards have built-in
controls and spending limits that prevent inappropriate purchases.
2.0 PROCEDURE
2.1 OBTAINING A CARD
An applicant, authorized by the Finance Department to make purchases, will
need to complete a Cardholder Application and receive signature approval from
his/her supervisofldepartment head. The supervisor/department head will
request spending limits and purchase restrictions to be placed on the Card.
Additionally, the applicant will need to complete a City of Bremerton Purchase
Card Agreement. Both the completed Cardholder Application and the Purchase
Card Agreement forms will be forwarded to the Finance Department who will
review the form and make a determination on final spending limits and
purchasing restrictions, subject to final approval of the Mayor, and then forward
the application to the card issuing company. Once the card issuing company
receives an application, the card should arrive within two to three weeks.
It is the Cardholder's responsibility to ensure that the card is used within the
stated guidelines of the Purchase Card Policy and Procedure as well as other
City/State regulations related to the expenditure of City funds. The Purchase
Card is not a revolving charge card. All balances will be paid in full each month,
the exception being disputed items negotiated with the bank.
Cardholders should always treat their Purchase Card with at least the same level
of care as they do their own personal credit cards. The card should be
maintained in a secure location and the card account number should be carefully
guarded.
ADMIN-8 Purchasing (Credit) Card Procedure
Page 1 of 5 Draft- 9/1/03
2.2 TYPES OF PURCHASES
The intent of the Purchase Card is to assist the employee in the purchase and
payment for any and all business-related goods and services. The City has the
ability to limit individual users to specific categories of purchase and specific
spending limits. Employees will be reminded at the time of issuance Df the
Purchase Cards by the Finance Department as to the specific purchase
categories and spending limits applicable to them. Spending limits will be
applied on an individual purchase, daily, and monthly basis. To determine
specific limitations or to change existing limitations, the Finance Department will
need to be contacted.
All purchases must be for City business only. Non-City-business related
purchases are prohibited and the Cardholder will be subject to disciplinary action
for any unauthorized or restricted use.
2.2.1 PROHIBITED USES
Purchase Cards will not be used for cash advances, payment of invoices
and statements, and personal purchases of any kind.
2.3 CONTROLS
Any Cardholder is subject to card usage restrictions as determined by his/her
supervisor/department head and subject to approval of the Finance Department.
Typically, the Cardholder will have a maximum dollar amount set for each
transaction, each day's transactions and each month's transactions. The
Cardholder may be restricted as to the type of store that will accept his/her
particular card. For example, an auto mechanic may have a card that restricts all
purchases to suppliers of motor vehicle supplies and new parts. Within larger
retail organizations, purchases can be restricted to say plumbing supplies or
electrical supplies, etc. In addition to the physical restrictions placed on the use
of the cards, the controls detailed in the reconciliation and approval process
below also apply.
2.4 RECORD KEEPING
2.4.1 RECONCILIATION AND APPROVAL
Throughout the month, cardholders will keep receipts for each completed
transaction. At the "end" of the month, cardholders will receive their
Purchase Card statements electronically via the intemet (or as a paper
copy if this is more convenient.) The Cardholder will print his/her
statements, reconcile each charge to the saved receipts, check each as
reconciled and make any necessary changes to the default account code.
The receipts will then be attached to the statement, the cardholder will
sign the statement, and the packet will be forwarded to the Cardholder's
supervisor for review and approval. The supervisor will signify approval
by signing the appropriate area of the statement. All statements will be
ADMIN-8 Purchasing (Credit) Card Procedure
Page 2 of 5 Draft - 9/1/03
forwarded to the Finance Department, Accounts Payable within three
days of the statement date.
2.4.2 CREDITS
Vendors will issue all credits to the Individual Purchase Card account for
any items they have agreed to accept for return. This credit will appear
on a subsequent statement. UNDER NO CIRCUMSTANCES SHOULD
A CARDHOLDER ACCEPT CASH IN LIEU OF A CREDIT TO THE
PURCHASING CARD ACCOUNT.
2.4.3 DISPUTED CHARGES
The Cardholder is responsible for contacting the vendor to resolve any
disputed charges or billing errors within thirty (30) days of receiving
his/her statement. If the matter is not resolved within the thirty (30) days,
the Cardholder must contact the Finance Department and complete the
appropriate forms to be filed with the issuing purchase card company.
2.4.4 REJECTED PURCHASES
A vendor, for a number of reasons, can reject a Cardholder's card. First,
the transaction amount may be more than the authorized per transaction
amount on the card. Second, the transaction may result in the
Cardholder exceeding his/her monthly credit limit. Third, the Cardholder
may be attempting a transaction at an unauthorized vendor or vendor
type. However, if the Cardholder feels that he/she was erroneously
declined, he/she should contact the Finance Department for further
assistance.
2.5 ACCOUNT/CARDHOLDER TERMINATION
The Finance Department is required to close an account for any of the following
reasons:
2.5.'1 Cardholder transfers to a different department.
2.5.2 Cardholder moves to a new job within the City in which a Purchasing
Card is not required.
2.5.3 Cardholder terminates their employment.
2.5.4 Improper use of the Purchase Card may lead to disciplinary action, up to,
and including prosecution and termination of employment. Should the
Cardholder fail to use the card properly and charges are unaccounted for,
the Cardholder has authorized the City to deduct such amount from the
cardholder's salary equal to the total amount of unaccountable
expenditures. The Cardholder also agrees to allow the City to collect any
amounts owed by the Cardholder even if no longer employed by the City.
Improper use of the Card includes the following:
ADMIN-8 Purchasing (Credit) Card Procedure
Page 3 of 5 Draft - 9/1/03
2.5.4.1 Making personal or unauthorized purchases.
2.5.4.2 Purchasing alcoholic beverages or any substance, material, or
service which violates City policies, laws or regulations.
2.5.4.3 Splitting a purchase to circumvent the limitations of the Purchase
Card.
2.5.4.4 Using another Cardholder's card to circumvent the purchase limit
assigned to either Cardholder or the limitations of the Purchase
Card.
2.5.4.5 Failing to provide receipts for all transactions.
2.5.4.6 Failing to provide, when requested, information about any specific
purchase.
2.5.4.7Accepting a cash refund in lieu of credit to the Purchase Card
account.
2.5.4.8Failing to adhere to all of the Purchase Card policies and
procedures.
2.6 LOST OR STOLEN CARDS
In the event of a lost or stolen Purchase Card, a Cardholder is required to first
immediately contact the issuing Purchase Card company, then notify his/her
supervisor and the Finance Department.
2.7 CARDHOLDERS RESPONSIBILITIES
Cardholders must use the Purchase Card for legitimate business purposes
only. Misuse of the card will subject Cardholders to disciplinary action in
accordance with City Policies and Procedures. The Cardholder must:
2.7.1 Ensure that the Purchase Card is used for legitimate purposes
only.
2.7.2 Maintain the Purchase Card in a secure location at all times.
2,7.3 Adhere to the purchase limits and restrictions of the Purchase
Card and ensure that the total transaction amount does not
exceed the preset spending limit.
2.7.4 Obtain a receipt or packing slip with item price, shipping, and tax
information for ALL transactions.
2.7.5 Reconcile the purchase card statement to the receipts and/or
packing slips each month.
ADMIN-8 Purchasing (Credit) Card Procedure
Page 4 of 5 Draft - 9/1/03
2.7.6 Contact the Finance Department if a vendor does not accept the
Purchase Card for purchases.
2.7,7 Report erroneous declines or fraudulent charges to their
supervisor and the Finance Department.
2.7.8 If necessary, indicate account-coding changes directly on the
monthly statement. All transactions will be processed under
the default general ledger account/cost center number if no
revision is indicated on the statement.
2.7.9 Submit the reconciled Purchase Card statement with attached
receipts and/or packing slips to their supervisors.
2.7.10 Attempt to resolve disputes or billing errors directly with the
vendor within 30 days and notify the Finance Department if the
dispute or billing error is not satisfactorily resolved. Disputes or
billing errors should be highlighted and noted on the monthly
statement submitted to the Finance Department, Accounts
Payable.
2.7.11 Ensure an appropriate credit for the disputed item or billing error
appears on subsequent Cardholder statement.
2.7.12 Not accept cash in lieu of credit to the Purchase Card account.
2.7.13 Return the Purchase Card to his supervisor/department head
when requested to do so.
2.7.14 Make all approved maintenance requests, such as statement
address changes, credit limit changes, etc., to the Finance
Department which will submit them to the issuing Purchase Card
company.
2.8 PERSONAL CREDIT CARDS
Employees shall be restricted from using their personal credit cards in the
purchase and payment for any business-related goods and services, excepting
travel-related expenses when the employee has not been issued or does not
have access to a City purchase/credit card.
ADMIN-8 Purchasing (Credit) Card Procedure
Page 5 of 5 Draft - 9/1/03
DATE SUBMITTED: 9/4/03 BILL #
AGENDA BILL
CITY OF BREMERTON q CITY COUNCIL
SUBJECT: Public Hearing and Ordinance Committee Meeting Date: g/26/,~3
amending Rate Table A of Chp 3.01 of BMC COUNCIL MEETING Date: 9/10/03
relating to Utility/Lien Search Fees Department: Finance
Presenter: Michael Wilson
Phone: 473-5590
SUMMARY: In order to implement the proposed agreement with Webcheck, Inc. to provide
electronic service for accessing lien and utility information for title and escrow companies, a search
fee needs to be established by ordinance. It is recommended that the fee be set at $30 per search of
each parcel requested.
ATTACHMENTS: Ordinance
FISCAL IMPACTS (Include Budgeted Amount): Passage will enable the City to collect a search fee
which could result in annual revenue of $60,000 or more.
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
FISCAL/BUDGET: CONSENT AGENDA []
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: 1) I move to approve an ordinance amending Rate Table A of Chapter 3.01 of the
Bremerton Municipal Code to include a utility/lien search fee on first reading.
2) I move to pass Ordinance # on second reading.
COUNCIL ACTION: [] Ar~vrove [] Deny [-~ Table [] Continue [] No Action
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Rate Table A of Chapter 3.0t
of the Bremerton Municipal Code relating to Utility/Lien search
fees.
WHEREAS, the City has implemented an electronic service for accessing lien and
utility information for the benefit of title insurance, escrow companies and other businesses; and
WHEREAS, the cost of providing this electronic search service shall be borne by
those choosing to use the services; NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTIONL Rate Table A of Chapter 3.01 of the Bremerton Municipal Code
relating to administrative fees is hereby amended to read as set forth in Exhibit A of this
ordinance.
SECTION,?. 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.
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.
APPROVED by the City Council the day of ,2003
PASSED by the City Council the day of ,2003
CAROL ARENDS, Council President
Approved this day of ,2003
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attomey
Utility/Lien Search Fees
PUBLISHED the day of ,2003
EFFECTIVE the day of ,2003
ORDINANCE NO.
R:\LEGAL\Ordinances\Administration~Lien Search Rate Table A.doc
2
C3~ UtiliO:/Lien Search Fees
ADMINISTRATIVE SERVICES - RATE TABLE A
All Rates Listed Are "Not To Exceed" Fees
ADMINISTRATIVE SERVICES
REGULATORY LICENSE FEES 2003 RATE
BMC 18,06 Ambulance Services
Ambulance Inspections $60/veh
BMC 5.17 Charitable Solicitation
Non-Profit $25/60 days
Professional Fundraiser $675/60 days
BMC 5.22 Dance/Public $265/yr or
$70/30 days
BMC 5.96 Erotic Dance Studios $700/yr
Dancers $100/yr
B MC 9.48 Fireworks Stands $100/stand/yr
BMC 10.24 Housemoving/Oversize Loads $600+$65/mile
to .10 of a mile
BMC 5.16 Mobile Food Vendor $150/veh/yr
BMC 5.16 Peddlers $75/yr or
$25/30days
BMC 5.04 Petshops $150/yr
Grooming Parlors $50/yr
Animal Welfare Facilities $50/yr
BMC 5.36 Special Events:
Profit $675/event
Non-Profit $70/event
BMC 5.20 Street/Sidewalk Vendors $250/yr
BMC 5.16 Temporary Merchant $400/30 days
BUSINESS LICENSE FEE 2003 RATE
BMC 5.02 $55/yr
PARKING 2003 RATE
On-Street Locations Not to Exceed
$20/3 hrs
$30/10 hrs
Table A - A1 EXHIBIT A
ADMINISTRATIVE SERVICES - RATE TABLE A
All Rates Listed Are "Not To Exceed" Fees
PARKING, 2003 RATE
Off-Street Location Not to Exceed
$20/3 hrs
$30/10 hrs
Parking Garage Not to Exceed
$100/mo
DOCUMENT REPRODUCTION FEES 2003 RATE
Per Page $. 15/pg
Audio or Video Tapes Cost of Tape
+$8.50
Computer Disks $8.50
Certification $3.50
Blue Prints - Aerial Photos, Drawings, Maps $8/pg
Documents:
Medical Records $19/lSt 5 pages
$.83/Pgs 6-31
$.63/Pgs 31+
Fire Reports $.15/pg
Budget $25
Annual Report $25
CHECK HANDLING FEE $40
ADMINISTRATIVE HEARING EXAMINER $150
APPLICATION OR APPEAL
Table A - A2 EXHIBIT A