HomeMy WebLinkAbout10/06/04 AGENDAa FILE
CITY COUNCIL 239 4th Street, Bremerton, WA 98337 c~ Phone (360) 473-5280 c~ Fax (360) 473-5251
***AMENDED***
OCTOBER 6, 2004
CITY COUNCIL MEETING AGENDA
1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in Council Conference Room
A. General Council Business
B. Mayor to present 2005 Budget Priorities
2. CALL TO ORDER: 5:30 P.M. in Council Chambers
A. Pledge of Allegiance
B. Invocation
3. MAYOR'S REPORT
4. PUBLIC SERVICE ANNOUNCEMENTS
5. CONSENT AGENDA
A. Claims & Check Register (#AB04-199)
B. Minutes of Meeting - September 29, 2004 (#AB04-200)
to NEW BUSINESS as Item 6B
D. Sole Source Purchase of Fleet Management Software from CARTEGRAPH SOFTWARE (#,'~B04-
202)
6. NEW BUSINESS
A. U.S. Department of Justice Local Law Enforcement Block Grant (LLEBG) for FY 2004
(#AB04-203)
B. Professional Services Agreement with TECHNICAL SERVICES, INC. for on-cell service, design,
programming, training, and other services as needed by the Water Utility (#AB04-201)
7. PUBLIC HEARINGS - ORDINANCES AND RESOLUTION~
A. Ordinance No. 4910 [Second Reading] amending Ordinance No. 4883 relating to the City of
Bremerton's "2004 Annual Budget" (#AB04-197)
B. Ordinance [First Reading] amending Section 2.18.020 of the Bremerton Municipal Code
relating to the Audit Committee (#AB04-204)
C. Resolution No. 2942 to Set a Hearing Date of October 20, 2004 for Vaceting a portion of the
North/South Alley between 13th and 16~ Streets; and a portion of 15th Street between
Broadway and Warren Avenues (#AB04-205)
D. Resolution No. 2943 to Set a Hearing Date of October 20, 2004 for Vaceting a portion of
Coontz Street lying between Callow Avenue and Charleston Boulevard; and the alley lying
between Coontz Street and Charleston Boulevard (#AB04-206)
8. PUBLIC RECOGNITION
9. tS-MINUTE EXECUTIVE SESSION
A. 25-minutes to discuss "PENDING LITIGATION" per R.C.W, 42.30.110(1)(i) (#AB04-207) ~ C~
10, COUNCIL MEMBER REPORTS
11. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETINR
~ We encourage participation by all individuals. If you are disabled and require assistance to attend
this meeting, please notify Paula Johnston, City Clerk, (360) 473-5323 3-days in advance of the meeting.
DATE SUBMITTED:
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Approval of Claims and Checks Committee Meeting Date:
Register COUNCIL MEETiNG Date: /dg~ .~
Department: Financial Services
Presenter: Cathy Jolmson
Phone: 473-5296
SUMMARY: Consent agenda item. Approval of payroll, checks mid electronic fund transfers.
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS: CONSENT AGENDA
COUNCIL PRESIDENT: ~f-~ ~
RECOMMENDED MOTION: Move to Approve:
1) Check #'s., c~ ~'~'~d) _~ throug~and EFT's ~_~throughJ_~ ~
~q~, ifa 4t ~'-~ ~"(,. ~' in the amount of$ ~]~ ,~05'~,
2) Reg'ui-ar P'ay~:olf for the pay period ending in the amount of $-
3) Retiree Payroll for the pay period ending_ in the amount of $
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
AGENDA BILL ~-
CITY OF BREMERTON ~
CITY COUNCIL ~ ~
SUB.CT: Professional Se~ices Committee Meeting Date: September 29, 2004
Agreement for Tec~ical Systems, Inc. CO~CIL MEET~G Da~: October 6, 2004
D~a~ment: Public Works~tilities,
Presenter: Kat~een C~all ~
Phone: 473-2315
SU~RY: The Bremegon water system has a sop~sticated computer system that provides
controls, s~urity, ~d ~ms for water sources, tr~tment, ~d distribution. This system is comprised
ofm~y individual control units, data inputs, ~d ~a~s. The Utility is in the final stages of
conve~ing the telephone system to a radio system ~d will continue upgrading the control and
security of the watg system. Tec~ical Se~ices, Inc. has performed much of the inte~ation of~is
system and is well-qualified and skilled in this type oftec~ical work. T~s contract would provide
on-call s~ice, design, progamming, tr~ning, ~d other se~ices as needed by the Water Utility, not
to exceed $40,000 per year.
ATTAC~NTS: Professional Se~ices Agreement
FISCAL ~PACTS (~clude Budgeted ~ount): T~s work is budgeted in the Water Utility ~nd
under ~ater Resources operation ~d maintenance.
DEP~T~NT D~CTO~ ~
F~CE D~CTOR: ~
OPE~TIONS: CONSENT A
CO~C~ P~ S~ENT: ~
~CO~NDED MOTION: I move to approve th rofessional se~ices agreement with
Techical S~ices, Inc. not to exceed $40,000 per ye~ ~d authorize the Mayor to finalize ~d execute
the agreemen[ ~th subst~tially the same te~s ~d conditions as presented. ~ ~o ~ ~
COUNCIL ACTION: ~ Approve ~ Deny ~ Table ~ Continue ~ No A~ion
PROFESSIONAL SERVICES AGREEMENT
Water System SCADA Services
The City of Bremerton ("City") and Technical Systems, Inc. ("Consultant"), referred to
collectively as the "Parties," enter into the following Agreement for professional services:
L Scope: The Consultant agrees to perform the services more specifically described in the
Scope of Work attached hereto as Exhibit A, which is incorporated by reference herein. The
Scope of Work may be modified only pursuant to Section VII.H. &this Agreement. If the Scope
of Work provides for unspecified additional services such services shall only be performed upon
the express written request of the City. Consultant further represents that the services furnished
under this Agreement will be performed in accordance with generally accepted professional
practices in effect at the time such services are performed.
II. Term: The City and the Consultant agree that work will begin on the tasks described in
Exhibit A immediately upon execution of this Agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed $40,000 per calendar year. Consultant's
charges and bills shall conform to the fee schedule contained in section 7 of Exhibit A and
incorporated herein by this reference.
The Consultant shall submit regular billing statements detailing work performed and
amount charged on each task or portion thereof. The descriptions shall conform to and fall
within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a
conforming billing statement, the City shall promptly process payment. PROVIDED,
HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay
work tasks under the time flame set forth in Section II herein. The Consultant's labor rates and
billing fees shall be as delineated in Exhibit A.
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Consultant shall only be compensated for additional services if requested pursuant
to Section I and, if not otherwise provided, such compensation shall be in accordance with
Exhibit A. Consultant will supply a list of fees for the next year by November 15 of the previous
year.
If a billing statement does not conform to this Agreement, the City may withhold
payment until the statement is brought into compliance. Such withholding does not relieve
Consultant of its obligations under this Agreement.
IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Work and is performing independent functions and responsibilities within its
field of expertise. Consultant and its personnel are independent Consultants and not employees
of the City. Consultant and its personnel have no authority to bind the City or to control the
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,
City's employees and other Consultants. None of the benefits provided by the City to its
employees, including, but not limited to, compensation, insurance, and unemployment insurance
are available from the City to the employees, agents, representatives, or sub-Consultants of the
Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of
Consultant's agents, employees, representatives and sub-Consultants during the performance of
this Agreement. The City may, during the term of this Agreement, engage other independent
Consultants to perform the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State
professional licensing, and City business licensing. If any taxes or fees due the City have been
declared delinquent, the City may withhold the delinquent amount, plus any additional charges
arising from the delinquency, from any payments due Consultant.
V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement, except for that portion of the injuries and damages caused by the
City's sole negligence.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECn~ICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMlXrI~FICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY
FOR THE PURPOSES OF TI-HS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, employees, sub-consultants or sub-Consultants.
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2004 SCADA Services
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Before beginning work on the project described in this Agreement, the Consultant shall
provide a Certificate of Insurance evidencing:
1. Automobile Liability insurance with limits no less than $1,000,000 combined single
limit per accident for bodily injury and property damage; and
2. Commercial General Liability insurance written on an occurrence basis with limits no
less than $1,000,000 combined single limit per occurrence and general aggregate for
personal injury, bodily injury and property damage. Coverage shall include but not be
limited to: blanket contractual; products/completed operations/broad form property
damage; explosion, collapse and underground (XCU) if applicable; and employer's
liability; and
Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and
aggregate.
4. Professional Liability insurance with limits no less than $1,000,000 limit per
occurrence/claim.
Any payment of deductible or self insured retention shall be the sole responsibility of the
Consultant.
All required policies shall be provided on an "occurrence" basis except professional
liability insurance (if required), which may be provided on a "claims-made" basis.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
attached to the Certificate of Insurance. The City reserves the fight to receive a certified copy of
all the required insurance policies and endorsements. The City further reserves the right to reject
any unacceptable policies and/or endorsements.
The Consultant's Commercial General Liability insurance shall contain a clause stating
that coverage shall apply separately to each insured against whom claim is made or suit is
brought, except with respects to the limits of the insurer's liability.
The Consultant's insurance shall be prima~ insurance as respects the City and the City
shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of
any cancellation, suspension or material change in coverage.
The City also reserves its unqualified right to require at any time and for any reason,
proof of coverage in the form of a duplicate of flae insurance policy with all endorsements as
evidence of coverage.
VH. General Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and
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documents shall be furnished in the time and form requested. Consultant shall maintain
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate all billed amounts.
B. Ownership and Use of Records and Documents: Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City. All written information submitted by the City to the Consultant in
connection with the services performed by the Consultant under this Agreement will be
safeguarded by the Consultant to at least the same extent as the Consultant safeguards like
information relating to its own business. If such information is publicly available or is arcady in
Consultant's possession or known to it, or is rightfully obtained by the Consultant fi-om third
parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in Lynnwood, Washington. Consultant shall make such data, documents,
and files available to the City upon its request at all reasonable times for the purpose of editing,
modifying and updating as necessary until such time as the City is capable of storing such
information in the City's offices. Duplicate copies of this information shall be provided to the
City upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service
with respect to the project and are the property of the City. Any reuse by the City for other than
the specific purpose intended will be at City's sole risk.
C. Consultant to Maintain Records to Support Independent Consultant Status: On the
effective date of this Agreement (or shortly thereafter), Consultant shall:
1. File a schedule of expenses with the Internal Revenue Service for the type of
business Consultant conducts;
2. Establish an account with the Washington State Department of Revenue and other
necessary state agencies for the payment of all state taxes normally paid by
employers, register to receive a unified business identifier number fi-om the State
of Washington; and
3. Maintain a separate set of books and records that reflect all items of income and
expenses of Consultant's business, all as described in the Revised Code of
Washington (RCW) Section 51.08.195, as required to show that the services
performed by Consultant under this Agreement shall not give rise to an employer-
employee relationship between the parties which is subject to RCW Title 51,
Industrial Insurance.
D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents, and sub-consultants in the
performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss
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of or damage to materials, tools, or other articles used or held for use in connection with the
work.
E. Place of Work: The Consultant shall perform the work authorized under this
A~reement at its offices in Lynnwood, Washington or on site in Bremerton. Meetings with the
City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at
locations mutually agreed upon by the parties.
F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text of this Agreement.
G. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
H. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
I. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
City Address Consultant Address
Kathleen Cahall Glenn Lee
City of Bremerton Public Works and Utilities Technical Systems, Inc.
3027 Olympus Drive 2303 196t~ Street
Bremerton, WA 98310 Lynnwood, WA 98036
J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of
any of the covenants and agreements contained herein, or to exercise any option herein conferred
in one or more instances shall not be construed to be a waiver or relinquishment of said
covenants, agreements or options, and the same shall be and remain in full force and effect.
L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and
local laws in performing its obligations under this Agreement.
M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws
of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
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N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney's fees.
O. Assignment: Any assignment of this agreement by the Contractor without the written
consent of the City shall be void.
VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, or disability,
except for employment actions based on bona fide occupgtional qualification.
IX. Termination: This Agreement may be terminated, at will, by either Party upon sixty (90)
days notice to the other Party. This A~reement may be immediately terminated for cause by a
Party if the other Party substantially falls to perform through no fault of the terminating Party,
and the non-performing Party does not commence correction of the failure of performance within
thirty (30) days of the terminating Party's sending notice to the non-performing Party. Notice by
Consultant shall include a report showing the status of all items listed in the Scope of Work
current through the termination date.
If the City receives reimbursement by any federal, state, or other source for work described in
Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is
cancelled or substantially reduced after the execution date of this Agreement and prior to the
completion of the work. the City may summarily terminate this Agreement. Termination shall be
effective ten calendar days after Consultant's receipt of the written notice by certified mail.
A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall
Consultant be charged with liquidated damages for any delays in the completion of the work due
to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials,
equipment, tools, or labor by reason of war, national defense, or other national emergency; 2)
any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes
not reasonably foreseeable by the parties at the time of the execution of the Agreement that are
beyond the control and without the fault or negligence of the Consultant, including, but not
restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED,
HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in
writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement,
the delay is properly excusable, the City shall, in writing, extend the time for completing the
work for a period of time commensurate with the period of excusable delay.
B. Rights Upon Termination: In the event of term/nation, the City shall pay for all
services performed by the Consultant to the effective date of termination, as described on a final
invoice submitted to the City. After termination, the City may take possession of all records and
data within the Consultant's possession pertaining to this project which may be used by the City
without restriction. Any such use not related to the project which Consultant was contracted to
perform shall be without liability or legal exposure to the Consultant.
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CITY OF BKEMERTON CONSULTANT
By: By:.
its: its:
Date: Date:
Approved as to form: Attest:
Bremerton City Attorney City Clerk
R:kLEGAL\ConlraotskFORMSkProfessional S~rvic~ Agr~cmemt Form (2003).do0
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EXHIBIT A
CITY OF BREMERTON
WATER RESOURCES DIVISION
HARDWARE ENGINEERING & SOFTVVARE PROGRAMMING SERVICES
SCOPE OF WORK
PROFESSIONAL SERVICES AGREEMENT
The purpose of this contract is for routine periodic engineering, software programming
services, and other on-call services and incidental repairs necessary for the operation of
the SCADA system for the City of Bramerton water system. The contractor was chosen
as having expertise and experience for providing engineering and software
programming services. Funds for this purpose are authorized annually through the
Water Utility budget. TSI is one of the few certified Allen Bradley Solutions Provider in
the country.
1. Scope of Work
The contractor has provided professional services for Bramerton water facilities. This
contract provides for a continuation of those types of services. All services listed below
shall be termed "work" herein.
Hardware design layout
Hardware engineering
· Training
· Software programming
SCADAscreen development
· Calibration services
· Troubleshooting
· Programming of RTUs, MTUs, and PLCs
· Process control design
· Remote modem access for quick diagnosis and customer support
· Field service
· Other similar work
2. Responsibilities of Contractor
Contractor shall perform work in accordance with the following standards:
· Obtain all necessary permits
· All work shall be performed by authorized and qualified personnel
· Maintain a clean environment
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· All work shall be performed in accordance with local, state, and federal codes,
including WISHA confined space entry regulations and respiratory protection
program.
·All necessary services shall be performed by prior arrangement and as agreed to
by the City's Project Manager.
3. Examination by the City of Bremerton
Work under this contract shall be subject to review and examination by the City at all
times, and shall be subject to its approval. Contractor shall periodically confer with the
City during the course of work, and shall be subject to the direct administration of the
City. Contractor shall prepare and present any information and materials (e.g., a
detailed outline of completed work) as may be pertinent, necessary, or requested by the
City to determine the adequacy of the work as it progresses or to determine contractor's
progress.
The making (or failure or delay in making) such examination shall not relieve contractor
of responsibility for performance of services in accordance with this Agreement.,
notwithstanding the City's knowledge of defective or noncomplying performance, its
substantially or the ease of its discovery. Contractor shall provide the City sufficient,
safe, and proper facilities and equipment for such inspections and free access to such
facilities.
4. Record KeepinR
Contractor shall promptly furnish the City with such information related in the service as
may be requested by the City. Until the expiration of 72 months after final payment of
the compensation payable under this Agreement, contractor shall provide City access to
(and City shall have the right to examine, audit, and copy) all of contractor's books,
documents, papers and records which are related to the services or this Agreement.
5. Property and Confidential Information
Contractor shall not, without the prior written consent of the City, disclose to third parties
any information received in connection with the service unless:
· Information is known to contractor before receiving the same directly or
indirectly in connection with the services;
· information is in the public domain at the time of disclosure by contractor; or
· Information is received by contractor from third party who does not have an
obligation to keep the same confidential.
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6. Work Schedule
Contractor shall begin services after the effective date of the contract. The work
performed shall proceed throughout the term of the contract, or completed according to
the time schedule and established completion time contained in work orders or as
otherwise agreed in writing.
Established completion times shall not be extended because of any unwarranted delays
for which the contractor is responsible, but may be extended by the City because of
delays caused by governmental action or other conditions beyond the control of the
contractor. During the progress of contractor's work, contract may adjust the work force
to meet the schedule; but time adjustments may be made only upon written approval by
the City.
7. Fee Schedule
The following is a list of hourly rates for Project Management, Professional and
Project/Software Engineering, Field Service, Drafting, and Engineering Support services
for 2004. An updated list of fees for the next year will be supplied to the City by
November 15 of the previous year.
Project Manager/Registered Professional Engineer $135.00 per Hour
Project Engineer/Software Engineer $120.00 per Hour
Field Technician $95.00 per Hour
Auto-Cad Design & Drafting $70.00 per Hour
Documentation $60.00 per Hour
Clerical $55.00 per Hour
Travel Time $65.00 per Hour
The TSI personnel working on City of Bremerton projects that would be billed at these
rates are:
Project Manager: Matt Scott, Glen Lee, Gary Conley
Project Engineer: Danny Carlsen, Ed Williams, Dennis Fugier, Jason Zinschlag, Ken
Clements, Kyle Thoren
Field Technician: Ben Johnson, Mitch Stewart, Bryce Vanwerven, Scott Schaible
Drafting: Ally Zuercher, Buz Rainbo
Documentation: Jan Honda
Clerical: Linda Edwards
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Field Technician services in excess of 10 hours per day, Monday through Friday, will be
billed at 1.5 times the hourly rate. Saturdays, Sundays, and all business holidays will be
billed at 2 times the hourly rate. Emergency services are billed at a minimum of four (4)
hours plus $100.00 which is paid to the on call technician or engineer. Vehicle travel
and meal expenses are included in the hourly rate listed above. All other expenses,
(hotel, airline, rental car, etc.), will be billed at documented cost plus a 10% service
charge. Services will be billed via monthly invoice, with field service reports and
identification of work hours performed. All invoices are Net 30 days. All prices are net
prices and do not include any State, local or use taxes.
Technical Systems Inc. warrants defects in material and workmanship for systems
supplied by Technical Systems inc. for a period of one (1) year beginning on the date
of shipment. Individual component warranties will be limited to the published warranty
for the component purchased and supplied by Technical Systems Inc. All published
warranties provided by the component manufacturers will be assigned, in their entirety,
to the end user. No warranties are verbally expressed or implied. Defective materials
or workmanship will be repaired or replaced free of charge during the warranty period.
Labor, travel and other expenses to repair or replace components at the end user's
facility will be billed to the end user in accordance with the above fee schedule.
Service Response Time: City shall have access to a twenty-four hour per day, 7-day
per week, toll-free emergency telephone number. Contractor shall respond by phone to
all service calls within two (2) business hours of receiving a call from the City Project
Manager or designee. The City has the option to request a faster response time when
the need arises; however, the City shall compensate the contractor for reasonable costs
incurred to provide the faster response.
Parts: Any additional charges, such as parts and materials, shall be itemized
separately and authorized by the City Project Manager. Materials and parts are not part
of this contract.
8. Personnel
For security, reasons, all personnel working on City of Bremerton Water Utility premises
shall be pre-approved by the Water Resources Manager and shall carry a TSI photo ID.
Bremerton reserves the right to require a background check, at the City's expense, on
any TSI employee accessing City Water Utility property or providing SCADA
programming.
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Estimated Work Plan:
In addition to trouble-shooting and on-call needs, the following work plan is estimated
for the next several years.
2004
Complete radio conversion of the Anderson Creek facilities
Training for RS View and SCADA Alarm Programs
2005
Assist with security upgrades
McKenna Intake programming and screens
West Branch remote valve operation
Reservoir 4 valve controls
Rate of Change alarms
Totalizer calculations
Continue RS View Training
2006
Continue to assist with security upgrades
Flow meter programming
Intertie control actuator programming
Twin Lakes control programming
Add well level transducer information
2007
Main stem gate controls
Head tank controls
Well 22 controls
PSNS flow meter SCADA
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DATE SUBMITTED: September 29, 2004 BILL #
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A
September 29, 2004 COUNCIL MEETING Date: October 6, 2004
Department: City Council
Presenter: Daren Nygren,
Council President
Phone: (360) 473-5280
SUMMARY: Attached are the minutes for the Council Meeting held September 29, 2004.
ATTACHMENTS: Minutes for September 29, 2004.
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 #1973
CITY COUNCIL MEETING MINUTES
Wednesday, September 29, 2004
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, 239 4th Street, Bremedon, Washington, Wednesday, September 29, 2004,
at 5:30 P.M., with Council President Daren Nygren presiding. Council members present were
Mike Shod, Will Maupin, Carol Arends, Dianne Robinson, Wendy Priest, Cecil McConnell, and
Brad Gehring. Council Member Mike Shepherd was absent. Aisc present were City Attorney
Roger Lubovich; City Clerk Paula Johnston; and Legislative Assistant Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil UcConnell,
followed by the invocation provided by Council Member Carol Arends.
President NyRren made the following announcements:
1. A Pre-Council session was held in the Council Conference Room from 5:00 to 5:30 PM to
discuss General Council Business. The Study Session scheduled to discuss the "PROPOSED
INTERLOCAL AGREEMENT CONCERNING LAW AND JUSTICE SALES TAX REVENUE" with Kitsap
County Prosecutor Russell D. Hauge was postponed.
2. Council will meet for a LEGISLATIVE REVIEW SESSION in the Council Conference Room
immediately following the Council Meeting; and reminded citizens that this meeting is open
to the public.
CONSENT AGENDA
A. Check numbers 294056 through 294302, and EFT-6435 through EFT-6441, EFT-6443,
and EFT-6446 through EFT~6450 in the amount of $1,645,992.75; and Retiree Payroll in
the amount of $71,504.41 for the pay period ending September 30, 2004 (#AB04-193)
B. Minutes of Meeting - September 22, 2004 (#AB04-194)
C. Interlocal Cooperative Purchasing Agreement between the CITY OF BREMERTON and
KING COUNTY FIRE DISTRICT 2 (Burien) for Potential Future Purchase of Diesel Exhaust
Extractors (#AB04-195)
D. Appointments of David Tufts (HOTEL CONCEPTS/HAMPTON INN) and Coy Wood (HOWARD
JOHNSON PLAZA) to the Lodging Tax Advisory Committee (#AB04-196)
#0050 M/S/C/U (Priest/McConnell) Move to approve the Consent Agenda as presented.
4A- ORDINANCE [FIRST READING] AMENDING ORDINANCE NO. 4883 RELATING TO
THE CITY OF BREMERTON'S "2004 ANNUAL BUDGET" (#AB04-197): Michael Wilson,
Finance Director, summarized that the Bremedon City Council adopted the 2004 Annual City
Budget Ordinance (Ordinance No. 4883) on December 23, 2003. Certain programs have been
implemented, and actions taken during the year, which have an impact on the City's 2004
Annual Budget resulting in the need to amend the 2004 budget document.
There were no comments from the public.
#0422 M/S/C/U (ShortJMcConnell) Move to approve ordinance on first reading, which amends
Ordinance No. 4883 relating to the City of Bremerton "2004 Annual Budget".
5A - APPROVAL OF PROPOSED CONDOMINIUM DECLATION FOR BREMERTON
GOVERNMENT CENTER, A CONDOMINIUM (#AB04-198): RoRer Lubovich, City Attorney,
explained that this proposed Condominium Declaration for the Bremerton Government Center,
a Condominium, provides the framework by which the Condominium is created and operated.
2
TAPE #1973
City Council Reg. Mtg. Minutes
Wednesday, September 29, 2004
Page 2 of 2
Gary Tusberq also was available to answer any questions.
There were no comments from the public.
#0484 MISlCIU (Arends/Short) Move to approve and ratify the proposed Condominium
Declaration for the Bremerton Government Center; and authorize the City Attorney to negotiate
and finalize the document with substantially the same terms and conditions as presented.
PUBLIC SERVICE ANNOUNCEMENTS
Cecil McConnell announced a Neighborhood Meeting for Retail Commercial Planned Unit
Development will be held next Wednesday, October 6, 2004 at 6:00 PM in the Sheridan Park
Recreation Center located at 680 Lebo Boulevard.
Daren Nyqren announced that a new segment would be added to future agendas for "PUBLIC
SERVICE ANNOUNCEMENTS" approved by the Council President or Vice President.
With no further business, the meeting of the City Council was adjourned at 5:53 P.M. The
Council then reconvened in the Council Conference Room for a LEGISLATIVE REVIEW SESSION to
hear presentations on upcoming agenda items.
Prepared and Submitted by:
LORI SMITH
Legislative Assistant
Attest:
PAULA JOHNSTON, City Clerk
DAREN NYGREN, City Council President
City of Bremerton
DN/PJ/Is/cge
3
DATE SUBMITTED: BILL #
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 5 D
SUBJECT: Committee Meeting Date: September 2~,2004
Purchase of Fleet Management Software COUNCIL MEETING Date: October 6, 2004
Department: PW& Util
Presenter: Jim Orton, Fleet
Manager
Phone: 5356
SUMMARY: The Fleet Management Program the city is using (Pentamation) is old and lacks many
of the desired features contained in modem fleet management software packages. A program is
needed which is more flexible in its reporting format and windows-based for ease of operation. The
program needs to have the ability to be easily configured to fit our changing needs. Having our fleet
operation managed with a more robust and user-friendly program will provide easier access to
information and more flexible reporting. This will allow Public Works to better manage the City's 365
vehicles. We have examined several available packages and our recommendation is to purchase the
fleet management module for our existing Cartegraph software. Since Public Works and Utilities
already uses Cartegraph for many of its operations, the training requirements will be reduced. The
City also qualifies for a grant through Cartegraph for $8,094. It is recommended that City Council
approve the purchase of Cartegraph software for $35,766.37 less the grant mount for a total of
$27,672.37 including sales tax.
ATTACHMENTS: none
FISCAL IMPACTS (Include Budgeted Amount): $70,000 exists in the 2004 budget for purchasing
the FASTER vehicle management software package. After careful consideration it was determined
that the Cartegraph add-on module will provide all of the functionality we really need at a
substantially reduced cost. The $27,672.37 request includes training and conversion of our legacy
database.
APPROVALS:
DEPARTMENT D I REC TOR.'~~ ~z~_.~._~
CITY ATTORNEY:
F1NANCE DIRECTOR: ~"~}
MAYOR:
FISCAL/BUDGET:
'~ '~- k / / CONSENT A
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: That the City Council approve a sole source purchase from
Cartegraph Software in the amount of $27,672.37 for a Fleet Management Program.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
17
Memorandum
To: Michael Wilson, Financial Services Director
From: Bill Eley, IT Manager ~'~
D~t~: 9/22/2004
Re: Cartegraph Fleet Management Module
I have read the Agenda Bill regarding the Cartegraph Fleet Management Module and I support the
acquisition of the software. I am falmliar with other modules of the Cartegraph Suite as used by
Utility Operations and I find the software to be well written and easy to use. Other Cartegaph
modules are being used or are about to be used by other divisions within Public Works and the use of
a common software platform is desirable.
Bill
18
Sole Source Purchase
of Fleet Management Software
From Cartegraph *
Comparison of Pentamation Vehicle Manager Software and
Cartegraph's proposed software follows:
Pentamation · Upgrades NOT supported
· Report fields limited
· DOS Operating System
· Preset screen configurations
· Not all fields/screens can be queried for reports
· "Open" work orders CANNOT be run - cannot enter into
system until work is completed
· Down Time not calculated
· Opening multiple screens not supported
Cartearaoh · User can define all reports from any field/screen
· Screens can be configured by user
· Windows Operating System
· All fields/screens can be displayed or printed
· Open work orders CAN be run - this is important for placing
vehicles in service while awaiting parts or other services. It
also accommodates "flagging" system to show any open work
orders or any parts that have come in and are awaiting
installation.
· Supports Preventative Maintenance Schedule
· Can be imported to other operating systems or programs (such
as Excel or PowerPoint)
· Maintains technician certification files, ASE testing dates, other
training, etc.
* Presentation by Jim Orton, Fleet Manager, Equipment Services Division
19
DATE SUBMITTED: September 2, 2004 BILL # 0 4"
AGENDA BILL
CITY OF BREMERTON ~ CITY COUNCIL
SUBJECT: U.S. Department of Justice Committee Meeting Date: September 29, 2004
Local Law Enforcement Block Grant COUNCIL MEETING Date: October 6, 2004
(LLEBG) FY 2004 Department: Police
Presenter: Tim Sholtis
Phone: 473-5277
SUMMARY: The Department of Justice awarded the City of Bremerton $26,402.00 through the
LLEBG formula program. The City has a cash match of $2,934.00 over the grant period October 1,
2004 to September 30, 2006. The funding is used towards the purchase of police vehicles.
ATTACHMENTS: Award message and grant documentation.
FISCAL IMPACTS (Include Budgeted Amount): The matching funds will be requested to be put in
the 2005 budget.
APPROVALS: -- ~ ~
DEPARTMENT DIRECTOR: ~
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
/~t/&~_~ '_ CONSENT AG ,
OPERATIONS: ~ ~,~..._~ C ~'3:}~ ~
RECOMMENDED MOTION: Move to approve and accept this Local Law Enforcement Block
Grant for $26,402.00, subject to the special conditions and terms for grant administration.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
20
O U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Office of the Director Washington, D.C. 20531
July 20, 2004
Mr. Bozeman
Mayor, Bremerton City
239 4th Street
Bremerton, WA 98337-1812
RE: Fiscal Year 2004 Local Law Erffomement Block Grants Program
Dear Mr. Bozeman:
I am pleased to inform you that I have approved the application for funding under the
Bureau of Justice Assistance's (BJA) Fiscal Year 2004 Local Law Enforcement Block
Grants (LLEBG) Prugram in the mount of $26,402 for Bremerton City. The purpose of the
LLEBG Program is to reduce crime and improve public safety. This Block Grant Award may
be used for any of the purpose areas described in the statute.
Enclosed you will find the Grant Award and Special Conditions documents. If you have any
programmatic questions regarding this award, please contact BJA's Programs Office at
(202) 514-6638. In addition, all financial questions regarding this award should be
directed to the Office of the Comptroller, Customer Service Division at (800) 458-0786.
I look forward to a continuing parmership with Bremer~on City in furtherance of this
important cfiminal justice program.
Sincerely yours,
Domingo S. Hen:hz
Director
Attachments
21
22
DATE SUBMITTED: Septemebr 15, 2004 BILL
AGENDA BILL /~' O/~ - / q'7
CITY OF BREMERTON
CITY COUNCIL '-~'~ ......
SUBJECT: Pubhc He~lng ~d Ordinance Committee Meeting Date: September 22, 2004
Amending Ordin~c¢ No. 4883 relating to CO~CIL MEET~G Date: 9/29/04 ~ 10/6/04
the City of Bmme~on's 2004 ~ual Budget D¢p~m¢nt: Fin~cial S¢~ic¢s
Presenter: Michael R. Wilson
Phone: 473-5590
SUMMARY: The Breme~on City Council adopted the 2004 A~ual City Budget Ordin~ce
(Ordin~c¢ No. 4883) on December 23, 2003. C¢~ain progrms have been implemented ~d actions
t~¢n d~ing ~ y~ which have ~ impact on the City's 2004 A~ual Budget resulting in the need to
mend the 2004 budget document.
ATTACHMENTS: Ordin~ce ~0, ~q ]~
FISCAL IMPACTS (Include Budgeted Amount): The following funds ~d budgets will be impacted
by the action t~en by the City Council to mend the respective budgets: General F~d (001),
Gener~ Gove~ent Capital Improvement Fund (308), Public Safety Bond Fund (302) ~d the
Contingency Rese~e Fund (103).
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTO~EY:
F~ANCE DI~CTOR:
MAYOR:
"~t;; ~7 ~ ~.._._~ CONSENT AGENDA ~
OPE~TIONS: ' ~ v, ~ ~ ~ ....
co c L P=SI NT: '"
~COMMENDED
MOTION:
....... ~ .......... ~ ~uu~ ~ual Budget.
B. I move to pass Ordin~ce No~W on second reading which amends Ordin~ce No. 4883 relating
to ~e City of Breme~on 2004 Annual Budget.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
23
ORDINANCE NO. _4 C~ lO
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Ordinance No. 4883 relating to
the City of Bremerton Fiscal Year 2004 Budget.
WHEREAS, the City Council passed the Fiscal Year 2004 City Budget Ordinance
(Ordinance No. 4883) on December 23, 2003;
WHEREAS, the General Fund (Fund 001) needs amendments to the Executive
budget for implementation of a communications plan that includes marketing, graphic design and
employee recognition; the City Council budget to fund additional travel and audio/video
equipment for the City Council meeting room in the new Government Center; the Legal (City
Attorney) budget to fund the use of expert legal counsel for an unfair labor claim, bankruptcy
proceedings, comprehensive plan appeal and a union grievance; the Community Development
budget for funding code enforcement services and Comprehensive Plan environmental review
services funded from grants; the Financial Services budget for adding the new Finance Officer
position and additional banking service fees; the Administrative Services budget for shifting
appropriations between expenditures categories for the purchase of scanning equipment; and the
Parks for funding the cost for municipal utility services.
WHEREAS, the General Government Capital Improvement Fund (Fund 308)
needs to be amended to allocate funds for the renovation of the Downtown Bremerton (Martin
Luther King Jr. Bldg.) Library with revenues coming from the Gates Foundation, Kitsap County,
the City of Bremerton and CDBG grant; relocation and securing new BKAT video/audio
equipment for the Government Center; and relocation of the I-Net head-end from City Hall to the
Government Center.
WHEREAS, the Public Safety Capital Bond Fund (Fund 302) needs to be
amended to reflect a FEMA grant secured by the Fire Department for facility equipment for the
new fire station; and
WHEREAS, the Contingency Reserve Fund (Fund 103) needs to be amended to
fund professional services for conducting various appraisals on surplus City-owned property; and
WHEREAS, each of these actions has an impact on the City of Bremerton' s FY
2004 Annual Budget resulting in the need to amend this Budget document;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Ordinance 4883 establishing the City of Bremerton's 2004 Budget
passed by the City Council on December 23, 2003, is hereby amended as follows:
1) The General Fund (Fund 001) is hereby amended to reflect the following appropriation
amendments:
1
£4 2004 Budget Amendment
GENERAL FUND (Fund 001)
FY 2004
Current Amended
REVENUES 2004 Budqet 2004 Bud§et Difference
Grant - WA Dept. of Community Development 0 30,000 30,000
Transfer: CDBG (Fund 106) 20~000 44,000 241000
Revenues 20,000 74,000 54,000
EXPENDITURES
Ending Fund Balence 1,405,964 1,240,964 <165,000>
Department: Executive (001-12)
Supplies & Services (professional services) 29,550 79,550 50,000
Department: Legal (001-14)
Supplies & Services (professional services) 203,390 238,390 35,000
Department: City Council (001-11)
Supplies & Services (travel) 18,125 22,125 4,000
Capital (audio/video equipment) 0 8,000 8,000
Department: Parks (001-51)
Supplies & Services (utilities) 607,528 635,528 28,000
Department: Community Development (001-16)
Personnel (Salaries - extra help) 806,817 830,817 24,000
Supplies & Services (professional services) 123,666 153,666 30,000
Department of Administrative Services (001-13)
Supplies & Services (small tools) 8,500 1,000 <7,500>
Capital equipment (scanner) 0 7,500 7,500
Department: Financial Services (001-71)
Personnel (salaries - Finance Officer position) 175,487 185,487 10,000
Supplies & Services (banking fees) 101,235 131,235 30,000
Expenditures 3,480,262 3,534,262 54,000
2) The General Government Capital Improvement Fund (Fund 308) is hereby amended to
reflect the following appropriation amendments:
GENERAL GOVERNMENT CAPITAL IMPROVEMENT FUND (Fund 308)
FY 2004
Current Amended
REVENUES 2004 Budqet 2004 Budqet
Beginning Fund Balance 250,000 250,000
Taxes 510,000 510,000
Misc. Revenues 6,000 6,000
Grants (Kitsap County, CDBG, Gates Foundation, Friends - library project) 0 3191000
Revenues 766,000 1,085,000
EXPENDITURES
Supplies & Services (Professional services - IT head-end, Govt. Center) 0 35,000
Capital Outlay (BKAT studio equipment - Govt. Center) 0 71,000
Capital Outlay- Bremerton Library project 0 419,000
Transfers (Govt. Center, Conf. Center Park Plaza) 440,000 440,000
Ending Fund Balance 326,000 120,000
Expenditures 766,000 1,085,000
2
25 2004 Budget Amendment
3. The Public Safety Capital Project Fund (Fund 302) is hereby amended to reflect the
following appropriation amendments:
PUBLIC SAFETY CAPITAL PROJECT FUND {Fund 302)
FY 2004
Current Amended
REVENUES 2004 Budqet 2004 Budqet
Beginning Fund Balance/Bond Proceeds 9.732,998 9,732,998
Misc. Revenues 80,000 80,000
Grant Funding - FEMA 0 149,400
Interest Earnings 138,000 138,000
Total Revenues 9,950,998 10,100,398
EXPENDITURES
Capital Expenditures 9,950,998 9,950,998
Capital Equipment - fire station exhaust system 0 149,400
Ending Fund Balance 0 _0
Total Expenditures 9,950,998 10,100,398
4. The Contingency Reserve Fund (Fund 103) is hereby amended to reflect the following
~ppropriation amendments:
CONTINGENCY RESERVE FUND (Fund 103}
FY 2004
Current Amended
REVENUES 2004 Budqet 2004 Budqet
Beginning Fund Balance 910,000 910,000
Miscellaneous Revenue 0 0
Total Revenues 910,000 910,000
EXPENDITURES
Ending Cash 910,000 890,000
Professional Services - appraisal services 20,000
Operating Transfers _0 _0
Total Expenditures 910,000 910,000
SECTION 2. Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect.
SECTION 3. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
APPROVED by the City Council the day of ., 2004
PASSED by the City Council the day of ,2004
DAREN NYGREN, Council President
3
26 2004 Budget Amendment
Approved this day of .2004
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of ,2004
EFFECTIVE the day of ,2004
ORDINANCE NO.
R:~EGAL\Ordinances\Finance\04 amending budget ordinance.doc
4
27 2004 Budget Amendment
DATE SUBMITTED: September 21,2004 BILL # 0/~ -~,)-O~
AGENDA BILL
CITY OF BREMERTON 7 ~
CITY COUNCIL
SUBJECT: Public Hearing on Ordinance Committee Meeting Date: September 29, 2004
amending BMC 2 .18.020 relating to the COUNCIL MEETING Date: Oct. 6 and 13, 2004
Auditing Committee Department: City Attorney's Office
Presenter: Roger A. Lubovich
Phone: 473.2345
SUMMARY: The proposed ordinance amends the provisions of BMC Section 2 .18.020 relating to
the Auditing Committee by providing for the election of a Vice Chairman and clarifying the duties of
the Chairman and Vice Chairman.
ATTACHMENTS: Proposed Ordinance
FISCAL IMPACTS (Include Budgeted Amount): None
APPROVALS:
DEPARTMENT DIRECTOR!
CITY ATTORNEY: " ~ ' ·
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: "~ ' 1
CONSENT
AGENDA
OPERATIONS: ~/ , __. .
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
I move to approve the proposed ordinance on first reading.
[ move to pass Ordinance No. on second reading amending BMC Section 2.18.020 relating
to the Auditing Committee.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
28
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Bremerton Municipal Code
Section 2.18.020 and 2.18.040 relating to appointment and duties
of the Chairperson and Vice-Chairperson.
WHEREAS, the City Council desires to amend the provisions of Bremerton
Municipal Code Section 2.18.020 and 2.18.040 relating to the Chairperson and Vice-Chairperson
of the Auditing Committee; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHiNGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 2.18.020 of the Bremerton Municipal Code entitled
"Membership" relating to the Auditing Committee is hereby amended to read as follows:
2.18.020 MEMBERSHIP.
(a) There shall be an Auditing Committee consisting of two Council members and an
independent Certified Public Accountant to be designated by Council, and two Bremerton
residents selected by the designated members of the Audit Committee. The City Council may
designate, by majority vote~ one alternate member to serve in the absence of either or both of the
appointed Council Members.
(b) The Audit Committee shall appoint the City Auditor to serve at the pleasure of the
Audit Committee. The City Auditor shall only be removed by the majority vote of the entire
membership of the Committee sitting as a whole.
(c) In order to foster continuity, during the first meeting in January, the Committee
shall elect one of traits members as C~ai,--m, an Chairperson and one as Vice Chairperson to serve
a term of one (1) year. The Cha~-'r-anChairperson, or in his or her absence the Vice Chairperson,
will conduct the order of business at meetings, coordinate communications of the committee,
approve the Auditor's payroll and expenses, and perform all other duties as specified by the
Committee.
SECTION2. Section 2.18.040 of the Bremerton Municipal Code entitled
"Voting and Conflict of Interest" is hereby amended to read as follows:
2.18.040 VOTING AND CONFLICT OF INTEREST.
(a) Decisions of the Committee shall be by majority vote of the members in
attendance except that if a tie vote occurs the City Auditor may cast a tie-breaking vote. A
Committee member may abstain from voting at will or may be requested by Committee
consensus to abstain from voting on issues that are sensitive to that member's area of control or
influence.
(b) When a department which is directly represented by an Audit Committee member
is the subject of a particular audit, that member of the Committee will be excluded from
participating in that portion of the Audit Committee agenda affecting that department and will
l
BMC 2.18. 020 - Auditing Committee
29
also be prohibited from being present during any Audit Committee discussion of that audit,
whether it concerns the interim report, scope or final release of a report.
(c) There shall be no voting by proxy except that any member who will be absent
may prepare a whtten statement of position to the C~airman Chairperson in advance of any
meeting to be read to the members present during that meeting.
SECTIONS. 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 the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION 4. 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 ,2004
PASSED by the City Council the day of ,2004
DAREN NYGREN, Council President
Approved this day of ., 2004
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of ,2004
EFFECTIVE the day of ,2004
ORDiNANCE NO.
R:\LEGAL\Ordinances\Auditor~BMC 2.18.020.v2.doc
2
BMC 2.1& 020 - Auditing Committee
30
1000 SUBMITTED: September 22, 2004 BILL # ~)4~ c9~5
AGENDA BILL
CITY OF BREMERTON 3 C
CITY COUNCIL
SUBJECT: Resolution # 2fiq ~ Se~g Co~ittee Meet~ Date: Septem~r 29, 2004
a He~g Date of Octo~r 20, 2004, for CO~CIL MEET~G Date: Octo~r 6, 2004
Vacating a ~aion of the noa~south a~ey Depmment: PW&U, Eng~eer~g
~tw~n 13m ~d 16~ Streets, ~d a ~aion Pre~nter: Michel Mec~
of 15~ Street ~tween Broadway ~d W~en Phone: 473.5288
Avenues.
SUMMARY: The City received a ~tition ~om Olympic Co~ege to vacate a ~gion of the
non~uth alley ~tween 13m ~d 16th Streets, ~d a ~ion of 15m Street ~tween Broadway ~d
W~en Avenues. Olympic College inco~rated ~e pro~sed vacated ~ea ~to the new student
p~k~g lot. Olympic College is grant~g a public access ea~ment to the City. In additio~ Olympic
College is dedicat~g Broadway Avenue for public u~. ~erefore, no compensation is requ~ed for
this right-of-way v~ation. S~ce Olympic College is a gove~ental ~ency, co~ensation ~y also
~ waived for tMt reason. The City Co~cil is ~ing reque~ed to e~ablish a he~g date of Octo~r
20, 2004, to consider the pro~sed vacation.
ATTACHMENTS: 1 .) Resolution ~ ~q~ 2.) Site Map; 3.)Eng~eer~ St~ Repo~
FISCAL IMPACTS (Include Budgeted Amount): None
APPROVALS: ~ /? }///
DEPARTMENT DIRECTOR~
CITY ATTO~EY'
FIN~CE DI~CTOR:
MAYOR: ~-~~ ,
CO~CIL P~SIDENT:
RECOMMENDED MOTION:
Move ~ pass Resolution ~ scrag a he~g date of Octo~r 20, 2004, for vacat~g a potion
th th th
of the no~uth alley ~tween 13 ~d 16 Streets, ~d a potion of 15 Stre~ ~tween Broadway
~d W~en Avenues.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
RESOLUTION NO. ~0~ t~L.
A RESOLUTION of the City Council of the City of
Bremerton, Washington, establishing a hearing date for the
proposed vacation of a portion of the north/south alley between
13th and 16th Streets, and a portion of 15th Street between
Broadway and Warren Avenues.
WHEREAS, the City received a petition to vacate a portion of the north/south
alley between 13th and 16th Streets, and a portion of 15th Street between Broadway and Warren
Avenues.
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A public hearing will be held on October 20, 2004, at 5:30 p.m. or
later at the Bremerton City Hall, 239 Fourth Street, Bremerton, Washington, to take public
comment or consider written objections to the vacation.
SECTION 2.. If fifty percent or more of the property owners abutting said right-
of-way file written objections to this action prior to the time set for public heating herein, the
heating shall be canceled and there shall be no further proceedings under this resolution.
SECTION 3: Severabilitv. If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION 4. Ef_fective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this day
of ,2004.
DAREN NYGREN, Council President
APPROVED AS TO FORM: ATTEST:
ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, City Clerk
CSDocuments and Settings\SWEM\Local Settings\Tcmp\Resolutl.doc
1
Alley 15th Street, Broadway Ave- Public Hearing
32
STREET VACATION REQUEST
OLYMPIC COLLEGE ALLEY VACATION
ENGINEERING STAFF REPORT
CITY COUNCIL HEARING DATE: October 20, 2004
PREPARED BY: Gunnar Fridriksson
SUMMARY
A. Applicant: Olympic College
Attn: Robert Holmes
1600 Chester Avenue
Bremerton, WA 98337
Location: Portion of the alley running north-south on east side of Broadway
Avenue, from 13th Street to 16th Street, and portion of 15th Street
from Broadway to previous vacation of 15th Street (City of
Bremerton Ordinance #4753) west of Warren Avenue.
B. Attachment: Vacation Area Map
BACKGROUND
The applicant has petitioned the City of Bremerton to vacate a portion of the alley that
runs north-south beside their property, between 13t~ and 16t' Street and Broadway and
Warren Avenues. No other properties abut this portion of the alley. This portion of the
alley was mistakenly thought to be included in the previous 15th Street vacation (City of
Bremerton Ordinance #4753) and was incorporated into the design of the new student
parking area. Upon submittal of the design to the City, the error was noted, along with
several other issues involving public access to the remainder of the alley, and the
missing Broadway Avenue dedication. The applicant has worked with the City of
Bremerton to resolve all of the right of way issues in this area.
The proposed vacation also includes a small portion of 15th Street between Broadway
Avenue and the previously vacated portion of 15th Street, west of Warren Avenue.
In vacating the rights-of-way, the applicant will grant an ingress and egress easement
across their property to allow access between the remainder of the alley south of the
property and Broadway Avenue. The applicant will also properly dedicate the existing
Broadway Avenue between 15th and 16th Streets to the City. See the attached exhibit.
March 11, 2004
Olympic College Alley Vacation
Page 1 of 4
RIGHT-OF-WAY CONDITIONS
· Functional Classification Alley/Local Access
· Existing R-O-W Width 14 feet (alley), $0 feet (15th Street)
· Proposed R-O-W Width N/A
· Pavement Width 14 feet (alley), approx. 20 feet (15th St.)
· Surface Type Asphalt
· Curb and Gutter None
· Sidewalks None
HEARING CONSIDERATIONS
BMC 11.20.120 sets forth issues that the City Council needs to determine at the
conclusion of the Vacation Hearing. These issues and the staff position are:
1. Whether the street, alley or portion thereof is no longer required for public
use and vacation of the described portion will better serve the public good.
Staff Position:
This portion of alley and 15th Street is not required for public use, provided the
ingress and egress easement is granted.
2. Whether the vacation is consistent with the City Comprehensive Plan.
Staff Position:
The proposed vacation does not conflict with the Comprehensive Plan.
3. Whether continued use of the proposed vacation as a public way is not of
such public benefit as to justify the costs of maintenance.
Staff Position:
Vacating this improved right-of-way will reduce the City's maintenance
responsibility in this area.
4. Whether substitution of a new and different thoroughfare would be more
useful to the public.
Staff Position:
No change in thoroughfare would be useful.
March 11, 2004
Olympic College Alley Vacation
Page 2 of 4
35
5. Whether conditions may so change in the future as to provide a greater
public use or need than presently exists.
Staff Position:
No future use of this portion of right-of-way is anticipated.
6. Whether objections to the proposed vacation are made by owners of
private property abutting the same.
Staff Position:
The petitioner, Olympic College, is the only abutting property owner.
SHORELINE ACCESS
This portion of right-of-way does not provide shoreline access.
UTILITIES
All private utility companies have been contacted. Puget Sound Energy, Cascade
Natural Gas and Qwest will reserve easements. Utilities easements are to be reserved
for the existing City water, storm and sewer utilities.
SUFFICIENCY OF SIGNATURES
The request for the vacation was made by 100% of the owners abutting the property to
be vacated.
COMPENSATION
Since Olympic College will be granting the public access easement, and propedy
dedicating Broadway Avenue to the public, no compensation is required for the
proposed vacation. Olympic College is a governmental agency, compensation may
also be waived for that reason.
STAFF COMMENTS
City Attorney, Department of Community Development, Police, Fire and Engineering
supports this vacation.
Staff recommends that this portion of the Alley and 15th Street Vacation be approved as
requested with easements reserved for all existing utilities and an easement to the
Public for ingress and egress to the remainder of the existing alley.
March 11, 2004
Olympic College Alley Vacation
Page 3 of 4
Looking North from 15t~ Street along alley.
Looking South from alley towards intersection of 15th and Broadway Avenue.
March 11, 2004
Olympic College Alley Vacation
Page 4 of 4
3?
Approved this day of ,2004
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of ,2004
EFFECTIVE the .day of ., 2004
ORDINANCE NO.
R:\LEGAL\Ordinances\Auditor~BMC 2.18.020.doc
2
BMC 2.18. 020 - Auditing Committee
38
DATE SUBMITTED: September 22, 2004 BILL #
AGENDA BILL
CITY OF BREMERTON 7
CITY COUNCIL
SUBJECT: Resolution # o~q q 3 Setting Committee Meeting Date: September 29, 2004
a Hearing Date of October 20, 2004, for COUNCIL MEETiNG Date: October 6, 2004
Vacating the portion of Coontz Street lying Department: PW&U, Engineering
between Callow Avenue and Charleston Presenter: Michael Mecham
Blvd. and the alley lying between Coontz Phone: 473.5288
Street and Charleston Blvd.
SUMMARY: The City received a petition from Kitsap Transit to vacate the portion of Coontz Street
lying between Callow Avenue and Charleston Boulevard and the alley lying between Coontz Street
and Charleston Boulevard. With the completion of the Gateway Project, Coontz Street and the alley
became dead end fights-of-way with no public circulation needs. This is a Class II fight-of-way. The
petitioner paid compensation in the amount of $13,628.55 in accordance with BMC 11.20.140. The
City Council is being requested to establish a hearing date of October 20, 2004, to consider the
proposed vacation.
ATTACHMENTS: I .) Resolution # o~qt~; 2.) Site Map; 3.) Engineering StaffReport
FISCAL IMPACTS (Include Budgeted Amount): None
APPROVALS: /'""-~ / ' .
FI ANCED CTOR:
.-~ { e~ ~¥ _1. .... ~ CONSENT AGENDA ~
OPE~TIONS: { ? ~ ~ ~L.~, a ~
co cm P Sm ST:
~CO~ENDED MOTION:
Move to pass Resolution ~ ~q q ~ setting a hearing date of October 20, 2004, for vacating the portion
of Coontz S~eet l~ng between Callow Avenue and Ch~leston Boulevard ~d the alley l~ng between
Coontz S=eet ~d Charleston Boulevard.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
ab, Agenda Bi]Is 2004, Coontz Street
40
a SO UXION NO. q 3
A RESOLUTION of the City Council of the City of
Bremerton, Washington, establishing a heating date for the
proposed vacation of the portion of Coontz Street lying between
Callow Avenue and Charleston Boulevard and the alley lying
between Coontz Street and Charleston Boulevard.
WHEREAS, the City received a petition to vacate the portion of Coontz Street
lying between Callow Avenue and Charleston Boulevard and the alley lying between Coontz
Street and Charleston Boulevard in the city of Bremerton; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION1. A public heating will be held on October 20, 2004, at 5:30 p.m. or
later at the Bremerton City Hall, 239 Fourth Street, Bremerton, Washington, to take public
comment or consider written objections to the vacation.
SECTION 2. If fifty percent or more of the property owners abutting said right-
of-way file written objections to this action prior to the time set for public heating herein, the
heating shall be canceled and there shall be no further proceedings under this resolution.
SECTION 3. SeverabilitF. If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION4. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this day
of ,2004.
DAREN NYGREN, Council President
APPROVED AS TO FORM: ATTEST:
ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, City Clerk
R:\LEGAL\Resolutions\Public Works\Vacation - Coontz.doc
1
Coontz Street - Public Hearing
I ST STREET
AREA TO~
BE VACATED ~,~ i '
m KITSAP I
~OD~ER~ STREET
CITY OF BREMERTON EXIBIT MAP FOR
DEPARTMENT OF PUBLIC WORKS
~ UTILITIES PROPOSED VACATION FOR PORTION
ENGINEERING DiViSION OF COONTZ STREET AND ALLEY
DRAWN BY: MJW DESIGN BY: GF
DATE 9/~0/02 DATE 9/~0/02
~2
STREET VACATION REQUEST
COONTZ STREET AND ALLEY
ENGINEERING STAFF REPORT
CITY COUNCIL HEARING DATE: October 20, 2004
PREPARED BY: Gunnar Fridriksson
SUMMARY
A. Applicant: Kitsap Transit
Attn: Wendy Clark-Getzin
200 Charleston Boulevard
Bremerton, WA 98312
Location: Coontz Street between Callow Avenue and Charleston Boulevard
(SR 304) and the alley lying between Coontz Street and Charleston
Boulevard.
B. Attachment: Exhibit Map
BACKGROUND
Kitsap Transit has initiated the vacation process to vacate the portion of Coontz Street
lying between Callow Avenue and Charleston Boulevard and the alley lying between
Coontz Street and Charleston Boulevard. With the completion of the Gateway Project
in 2002, Coontz Street and the alley became dead end right-of-ways with no public
circulation needs. The proposed vacation location is illustrated on the attached exhibit
map.
RIGHT-OF-WAY CONDITIONS
· Functional Classification Local Access
· Existing R-O-W Width Coontz $t.-60 feet; Alley-12 feet
· Proposed R-O-W Width N/A
· Pavement Width Coontz St.-28 feet; Alley-12 feet
· Surface Type Combination of asphalt and concrete
· Curb and Gutter Standard curb on Coontz St.
· Sidewalks 5 foot sidewalks on Coontz St.
May 17, 2004
Coontz Street and Alley Vacation
Page 1 of 5
,:13
HEARING CONSIDERATIONS
BMC 11.20.120 sets forth issues that the City Council needs to determine at the
conclusion of the Vacation Hearing. These issues and the staff position are:
1. Whether the street, alley or portion thereof is no longer required for public
use and vacation of the described portion will better serve the public good.
Staff Position:
This portion of Coontz Street and the alley is not required for public use.
2, Whether the vacation is consistent with the City Comprehensive Plan.
Staff Position:
The proposed vacation does not conflict with the Comprehensive Plan.
3. Whether continued use of the proposed vacation as a public way is not of
such public benefit as to justify the costs of maintenance.
Staff Position:
Vacating this improved right-of-way will reduce the City's maintenance
responsibility in this area.
4. Whether substitution of a new and different thoroughfare would be more
useful to the public.
Staff Position:
Completion of the Gateway Project made Coontz Street and the alley a dead end
street. No other thoroughfare would improve circulation in this area.
5. Whether conditions may so change in the future as to provide a greater
public use or need than presently exists.
Staff Position:
No future use of this portion of right-of-way is anticipated.
6. Whether objections to the proposed vacation are made by owners of
private property abutting the same.
The only abutting property owner, Kitsap Transit supports the vacation.
SHORELINE ACCESS
This portion of right-of-way does not provide shoreline access.
May 17, 2004
Coontz Street and Alley Vacation
Page 2 of 5
UTILITIES
All private utility companies were contacted. Cascade Natural Gas will retain an
easement. Utilities easements will be reserved for the existing City storm and water
utilities. All easements for existing utilities will be released upon redevelopment of the
surrounding properties and alley, and arrangements made for the utility relocations~
SUFFICIENCY OF SIGNATURES
Kitsap Transit is the sole abutting property owner.
COMPENSATION
The compensation amount has been determined utilizing the Kitsap county Assessor's
land value of the abutting properties. The amount is $13,628.55, which is equal to one-
half of the average property value of the abutting properties weighted on a front footage
basis. This amount has been paid by the applicant to the City of Bremerton.
STAFF COMMENTS
The City Attorney, Department of Community Development, Police Department, and
Engineering Division support this vacation.
Staff recommends approval of this street vacation with easements reserved for all
existing utilities.
May 17, 2004
Coontz Street and Alley Vacation
Page 3 of 5
45
Looking west from Callow Avenue to Coontz Street.
Looking north from Coontz Street to alley
May 17, 2004
Coontz Street and Alley Vacation
Page 4 of 5
,~6
Looking east at Coontz Street from back of sidewalk along Charleston Boulevard.
Looking south at alley from end of concrete, concrete ends just south of slope for back
of walk of Charleston Boulevard.
May 17, 2004
Coontz Street and Alley Vacation
Page 5 of 5
47
I move to authorize the City Attorney to consent to a dismissal of
the City of Bremerton v. KCM, Inc. Kitsap County Superior Court
No. 03-2-01347-3.