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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 Bremerton/TSI 2004 SCADA Services Page 1 of 12 5 , 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. Bremerton/TSI 2004 SCADA Services Page 2 of 12 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 Bremerton/TSI 2004 SCADA Services Page 3 of 12 7 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 BremertorffTSI 2004 SCADA Services Page 4 of 12 8 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. Bremerton/TSI 2004 SCADA Services Page 5 of 12 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. Bremerton/TSI 2004 SCADA Services Page 6 of 12 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 Bremerton/TSI 2004 SCADA Services Page 7 of 12 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 Bremerton/TSI 2004 SCADA Services Page 8 of 12 · 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. Bremerton/TSI 2004 SCADA Services Page 9 of 12 13 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 Bremerton/TSI 2004 SCADA Services Page 10 of 12 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. Bremerton/TSI 2004 SCADA Services Page 11 of 12 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 Bremerton/TSI 2004 SCADA Services Page 12 of 12 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.