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HomeMy WebLinkAbout11/19/2008 AGENDA FILE , CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 0 (360) 473-5280 **AMENDED*** NOVEMBER 19, 2008 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business B. 10-Minute Executive Session to discuss "Labor Negotiations" per RCW 42.30. 140(4)(b) 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. ANNOUNCEMENTS & PUBLIC RECOGNITION 5. CONSENT AGENDA A. Claims & Check Register (#AB08-244 ) B. Minutes of Meeting - November 5, 2008 (#AB08-245) C. Minutes of Budget Workshop - November 6, 2008 (#AB08-246) D. Minutes of Budget Workshop - November 10, 2008 (#AB08-247) E. Minutes of Council Meeting & Study Session - November 12, 2008 (#AB08-248) F. Acceptance of COPS Universal Hiring Program 2008 Grant Award (#AB08-249) G. Acceptance of 2008 Bulletproof Vest Partnership Grant (#AB08-250) H. Resolution No. 3074, temporarily extending Cable Television System Franchise with WAVE- DIVISION HOLDINGS LLC (#AB08-251) I. Ordinance No. 5067, amending Bremerton Municipal Code Chapter 13.04.060 relating to "Discharging Firearms in City Parks" in order to comply with RCW 9.41.300 (#AB08-252) J. Approval of Letters of Engagement with MORRIS & TARADAY, P.C. and GORDON DERR for Legal Representation (#AB08-253) K. Contract Award to CONSTRUCT Co for the Cambrian Avenue Sewer Replacement Project (#AB08-254 ) L. Ordinance No. 5068, approving the Voluntary Separation and Reduced Work Week Program (#AB08-255) M. Resolution No. 3071 approving East Park Phase I Final Plat Approval (#AB08-236) This item was postponed from the City Council Meeting held November 5, 2008... Continued on back... rI Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. 6. GENERAL BUSINESS A Approval of Professional Engineering Services Agreement with CAMP DRESSER & McKEE to Perform a Biogas Vehicle Fuel Study (#AB08-256) B. Ordinance No. 5069, amending Chapter 3.01 of the Bremerton Municipal Code to update Rates and Fees for 2009 (#AB08-257) C. Ordinance No. 5070, amending Chapter 15.06 of the Bremerton Municipal Code to adopt Utility Rates and General Facilities Charges for 2009 (#AB08-258) D. Resolution No. 3075, approving a change of hours of public access to City offices (#AB08- 259) 7. COUNCIL MEMBER REPORTS 8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING _ Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. DATE SUBMITTED: 11/19/2008 BILL # AB08-244 AGENDA BILL CITY OF BREMERTON SA CITY COUNCIL n ............................................................................................ SUBJECT: Committee Meeting Date: COUNCIL MEETING Date: November 19,2008 Department: Financial Services Presenter: Cathy Johnson Phone: 473-5296 Claims & Check Register SUMMARY: Consent Agenda item. Approval of checks and electronic fund transfers. ATTACHMENTS: Check Register. FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: ~e': /~ CONSENT AGENDA IZI GENERAL BUSINESS 0 PUBLIC HEARING D RECOMMENDED MOTION: 1) Check #'s 328291 through 328525 and EFT's 8280 through 8299 in the amount of$I,308,864.65. 2) Regular Payroll for the pay period ending November 15,2008 in the amount of$729,485.77. COUNCIL ACTION: ~ Approve 0 Deny 0 Table D Continue 0 No Action 1),\ IF S{ : 13 iVIITTED: AGE~DA BILL CITY OF BREi'vIERTON CITY COUNCIL BILL ii Q B - ;;..q s --- --"" ~---_._----- 58 ..............................................................e.m................m...... SlJB.JECT: City Council \;Ieeting Minutes for meeting of NoveV\A.be;r- Is- -, :l.oa a COlllmittee \lceting Date: COUNCIL :'viLE II!,.;(j Dall:: Department: Presenter: Phone: N/A Nov~wdoey- tq, ..2008 , City Council Will Maupin, Council President (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting held t'\ovewJoe,-- ~ .2.-008. ATTACHl\;IENTS: Meeting Minutes for l\loVe.~ 5 J :.Loo g FISCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: Council President N/A N/A N/A N/\ ~ , (( ~i:p/~'1 . / C>L <' /":;';3<'-- CONSENT AGENDA Gf GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. ('Of fNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, November 5, 2008 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER, 345 6t11 Street, Bremerton, Washington, Wednesday, November 5, 2008, at 5:30 PM, with Council President Will Maupin presiding. Council Members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, Cecil McConnell, and Brad Gehring. Also present were Assistant City Attorney Ken Bagwell; City Clerk Carol Etgen; and Legislative Assistant Lori Smith. The Pledge of Allegiance was led by Council Member Brad GehrinQ followed by the invocation provided by Council Member Mike Shepherd. President Maupin announced that a Briefing Session to discuss General Council Business and a 15-Minute Executive Session to discuss "Potential Litigation" per RCW 42.30.110(1 )(i) were held prior to the meeting. MAYOR'S REPORT - There was no Mayor's Report tonight... PUBLIC RECOGNITION & ANNOUNCEMENTS Carol Atkinson read several positive citizen comments regarding the 2008 Blackberry Festival; and presented a plaque to the City of Bremerton to thank the Mayor and the Council for their support of the festival, which was accepted by President Maupin on behalf of the City. Adam Brockus announced that Manette Fest will be held this year on Friday, December 5. Dianne Robinson on behalf of the Black Historical Society of Kitsap County, invited the public to a celebration entitled "Remembering Our History; Protecting Our Future" at the Black History Museum located at 1204 Park Avenue in honor of all local active-duty, retired and deceased veterans. Visitors can drop in anytime between 10:00 AM to 4:00 PM on Saturday, November 8. Wendy Priest announced a fundraising event would be held on Thursday, November 20 to benefit the Kitsap Regional Library Foundation. Stephanie Meyer, author of the "Twilight" series of books will be available to sign copies of her books prior to a midnight showing of the movie "Twilight" at the Olympic Cinemas and the Bainbridge Cinemas; and tickets are $25 (includes popcorn & pop). Monica Bernard, Foodline Director, reported that 1,512 families were fed last month and over 3,500 families were provided food so far this year. She added that people seeking assistance has increased 20% from last year and that given the current economic times, the demographic of people served by Foodline is changing. Katrina Folkerson, YMCA Marketing Director, reported on the upcoming events at the YMCA which included "Splash & Jam" on November 15 from 6:00 to 9:30 PM and the "Maintain Campaign" beginning on November 17, which is a program that will help encourage people to maintain their weight during the holidays. Jaynie Forsyth urged the City to continue their support of the neighborhood match-and-grant program; spoke of a recent project involving' more than 30 neighbors who worked to plant trees on several planting strips in the City; and looked forward to future partnerships with the City. CONSENT AGENDA A. Check Numbers 327915 through 328275; and EFT -8220 through EFT -8270 in the amount of $2,344,091.17; Regular Payroll in the amount of $749,305.07 for the pay period ending October 15, 2008; and Retiree Payroll in the amount of $79,053.51 for the pay period ending October 31, 2008 (#AB08-226) City Council Reg. Mtg. Minutes Wednesday, November 5,2008 Page 2 of 5 B. Minutes of Meeting - October 15, 2008 (#AB08-227) C. Minutes of Study Session - October 22,2008 (#AB08-228) D. Minutes of Study Session - October 29,2008 (#AB08-229) E. Approval of Addendum to Kitsap County/City of Bremerton Agreement for Incarceration of City Prisoners (#AB08-230) F. Professional Services Agreement with the Bremerton School District for a full-time School Resource Officer (#AB08-231 ) G. Agreement with KITSAP BANK for Makayla Avenue Improvements (#AB08-232) H. Amendment No. 2 to Professional Services Agreement with CH2M HILL for Waste Water Treatment Plant Upgrade (#AB08-233) I. Renewal of Department of Natural Resources (DNR) Aquatic Leases (#AB08-234) J. Ordinance No. 5064 amending BMC Section 7.08.010 relating to Animal Licensing (#AB08- 235) K. Resolution No. 3071 :Jpproving E:Jstpark Ph:Jse I Fin31 Pl:Jt Approv31 (#/\B08 236) Item pulled L. Purchase of one Toyota Yaris as a pool vehicle at the Public Works & Utilities Oyster Bay Facility (#AB08-237) M. Resolution No. 3072 approving the Manette Bridge Right-of-Way Acquisition Agreement & City acceptance of property and Department of Natural Resources (DNR) Lease (#AB08-238) N. Appointment of Debra J. Kilgore-Hilton to the Bremerton Housing Authority Board of Commissioners (#AB08-240) 05:49:45 M/S/C/U (Runyon/Wofford) Move to approve the CONSENT AGENDA as presented. Mr. Runvon encouraged residents to take advantage of the waiver that will be provided for the City's $10 late fee from now until the end of the year for all City-residents who license their pets. GENERAL BUSINESS - There were no General Business Items tonight... PUBLIC HEARING 6A - RESOLUTION NO. 3073 APPROVING THE 2009 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING RECOMMENDATIONS (#AB08-239): Marie Vila and Phedra Eliot of the Community Development Block Grant (CDBG) Program explained that on May 7, 2008, City Council approved the 2009 CDBG/HOME Policy Plan outlining the CDBG and HOME funding allocation process. Based on that policy, the program's Citizens Advisory Committees have developed funding recommendations for Council consideration and approval. If approved, these submissions will be sent to the Department of Housing & Urban Development (HUD) in the 2009 Annual Action Plan. A PowerPoint@ presentation was made to provide details of the program. Members of the Public Services Committee and Capital/Economic Development Committee were thanked. President Maupin opened the Public Hearing for comments from the public... Ruth Van Holford, Kitsap County Community Development Corporation (KCCDC), thanked the CDBG Advisory Committee members for their efforts, and for selecting the KCCDC program for funding this year after several years of denied requests. Mike Walton, Executive Director of Public Facilities District and Chairman of the KCCDC Board of Directors, expressed appreciation to the committee members and hoped that KCCDC would meet the expectations of those entities providing funds. City Council Reg. Mtg. Minutes Wednesday, November 5, 2008 Page 3 of 5 Larry Eyer, Executive Director for Kitsap Community Resources, expressed appreciation for the many hours spent by Committee Members to review applications even though KCR did not receive the full amount of funding requested. Stacy De Ray, Director for the Boys & Girls Club, thanked the City for the opportunity to apply for funding for a new 8,000 sq. ft. H.O.P.E. Teen Center for after-school and summer programs. Stuart Walton, Washington CASH Program, which provides loan assistance for low-income persons, estimated the economic impact CASH had on Bremerton in 2008 was about $750,000. Julie Pounds, Executive Director for Bremerton Services Association (Chuck Wagon Senior Nutrition Program), was happy that their program was recommended for funding and therefore encouraged the Council to approve the recommendations tonight. Sister Pat Millen, Catholic Community Services, expressed her concern about the potential impact to the Benedict House because they did not receive the full funding request. She asked the City to really look at the impact to their program which provides emergency housing for low- income men. Alan Peterson, Executive Director of Communitas, thanked the committee members for their support and for their funding recommendations. Linda Joyce, Executive Director of the YWCA, ALIVE Shelter Program, thanked the committee members for their commitment and compassion for this process and asked for the funding request to be approved. Roxanne Bryson, Executive Director of Holly Ridge Center, encouraged Council to adopt the recommendations and emphasized that funding would be used to help autistic children. Denise OliQay, Max Hale Center, was disappointed to find that their request for funding was denied again, and has never been approved even though they have applied for 13 straight years. Denise AQie, Coordinator for Saint Vincent DePaul, thanked the Mayor who toured their facility, thanked the Committee members, and said the money will pay for more beds to help more people. Dave Foote, Director for United Way, stated that while their program did not receive money, he appreciated the committee's critical decisions with the limited resources available. Glen Godfrey, Executive Director of the YMCA, was upset that their program was not approved for funding because taking care of children while their parents worked was not considered a "basic need"; he encouraged the committee to look at the track record of the programs. Joann Galler, Kitsap Sexual Assault Center, Child Abuse Intervention Program which provides advocates to victims, encouraged the Council's support. Joe Rosac, Executive Director of Kitsap Mental Services, thanked the City's CDBG staff members, extended thanks and appreciation for the Committee Members, and emphasized that funds will be used for "Keller House". Monica Bernard, Bremerton Foodline, also thanked the board, especially after hearing all the comments tonight; and believed that spending money on food and emergency housing for the homeless is money well spent. With no further comments, President Maupin closed the Public Hearing. . . City Council Reg. Mtg. Minutes Wednesday, November 5, 2008 Page 4 of 5 06:58:25 Main Motion was made and seconded as discussion by the Council was opened... Ms. Robinson discussed the thorough and lengthy process that the Advisory Committee went through to arrive at the recommendations, and stated that all organizational needs were seriously considered. Mr. Shepherd asked if the City could request additional funding from HUD, and discussed the number of community issues that are a direct cause of decreased funding for these programs. Mrs. Arends urged the Council to support the Committee recommendations. Mr. GehrinQ understands these were tough choices but pointed out that sidewalks are important too. Mr. Runvon thanked the Committee members for their work, and also the organizations for providing the much needed services to the community. Mr. Brockus invited Wvn Birkenthal to speak about the Summer Playground Program that was not recommended for funding. Ms. Arends asked if individuals could make a private donation to make up the $12,000 shortfall. Mr. Birkenthal stated yes, and if a citizen wanted to donate funds or their time to please call (360) 473-5722. Mr. Brockus encouraged support of the idea raised by Mrs. Arends. Mr. Maupin also agreed, and expressed his appreciation and respect for the recommendations made 07:16:30 M/S/C/U (Robinson/Arends) Move to pass Resolution No. 3073 approving the 2009 funding recommendations; and authorize the Mayor to finalize and execute the contracts with substantially the same terms and conditions as presented once all funding has been secured and HUD has approved the Annual Action Plan. COUNCIL MEMBER REPORTS Brad GehrinQ congratulated all the candidates who won their election and also those who took the time to run for an office now that he understands how much work is involved in conducting a campaign; encouraged drivers to be extra careful now because of fallen leaves that make the roads slick and also the danger caused by leaves clogging storm drains; lastly, he reminded citizens to thank a veteran for their service on Veterans Day. Adam Brockus mentioned that new dates will soon be provided for continuing discussion on the Manette Sub-Area Plan. Rov Runvon expressed a recent experience he had with a clogged drain and agreed with the suggestion to citizens for cleaning a clogged drain; he also thanked citizens for voting; reminded citizens about the amnesty period for the $10 animal license fee; discussed the importance of the Neighborhood Enhancement Program; and attended the Habitat for Humanity HOPE event on Satur.day. Mike Shepherd congratulated the residents for the 10lh Street enhancement project and offered additional stories about planting trees. Carol Arends mentioned First Friday Art Walk activities that were taking place this week in downtown Bremerton, Manette, and in the Charleston area. City Council Reg. Mtg. Minutes Wednesday, November 5, 2008 Page 5 of 5 Nick Wofford thanked all the citizens who participated and volunteered during the elections; suggested that whenever possible to clear storm drains before the rains come; and mentioned that a discount is provided for animal licensing fee if your dog or cat is spayed or neutered. Will Maupin emphasized that we are in real challenging times, but we can pullout of it if we all come together. With no further business, President Maupin adjourned the Council Meeting at 7:30 PM. L RI SMITH Legislative Assistant Attest: CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WM:CE:ls:cg AGENDA BILL CITY OF BRE\'IERTON CrTY COUNCIL 1311 L Ii nQ~B~=-J4(o n_ 5G [)/\TF Sl 'BNIIITED: ........................................................................................ SUBJECT: City Council rYlceting :Vlinutes lar meeting of NoV~~ <at .J.ooB (avd~e.-t- v}orkS'\"op) Committee \leeting Date: N'."\ COLNCIL \HTl IN(j [)ate: .tJoVeWl~ I~, ~o8 Department: City Council J Presenter: Will Maupin, Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting held NoVe..~ Co/; :l-008 ATTACHMENTS: Meeting Minutes forNoVe.VK1~ G, I '200 g FISCAL IMPACTS (Include Budgeted Amount): N/A APPROV ALS: DEP AR TMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: Council President N/A N/A N/A COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA 0 GENERAL BUSINESS D PUBLIC HEARING D RFCOMME~DED MOTION: Move to approve the Consent Agenda as presented, COUNCIL ACTION: 0 Approve D Deny 0 Table D Cont1l1uc 0 No Action DIGITAL RECORDING CITY COUNCIL BUDGET SESSION MINUTES Thursday, November 6,2008 The Budget Session of the City Council of the City of Bremerton was called to order in the Council Conference Room, Room 603 of the NORM DICKS GOVERNMENT CENTER located at 345 6th Street, Bremerton, Washington, Thursday, November 6, 2008, at 4:00 PM, with Council President Will Maupin presiding. Council members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, Cecil McConnell, and Brad Gehring. Legislative Assistant Lori Smith was present to provide staff support to the Council. President Maupin announced that the 2009 Budget Session was for the Council to hear presentations on the proposed budget. It was further announced that this Budget Session was open to the public, but there would be no opportunities for input or participation; that no action will be taken, and the content of these items is subject to change. Laura Lvon, Financial Services Director, presented information regarding the proposed 2009 Budget for the City of Bremerton, with an overview of the "General Fund", including staffing changes, comparisons to prior year, and a brief discussion on Departments which have proposed budgets that do not vary significantly from the prior year. Other Departmental Budgets: 1) Law Enforcement - Chief Craig Rogers 2) Fire / Emergency / Medical - Chief AI Duke 3) Parks & Recreation - Wyn Birkenthal 4) Community Development - Andrea Spencer 5) City Attorney- Roger Lubovich 6) General Facilities - Phil Williams 7) Engineering - Phil Williams 8) Human Resources - Laura Lyon 9) Financial Services - Laura Lyon 10) Non-Departmental - Laura Lyon 11) Municipal Court - Theresa Ewing & Judge Docter A break in the meeting was held from 6:05 to 6: 15. .. With no further business, President Maupin adjourned the Study Session at approximately 8:05 PM. P~~:nd Submitted by: ~SWit1 ) LORI SMITH Legislative Assistant Attest: CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WM:CE:ls:cg AGEl'iDA BILL CITY OF BREMERTON CITY COUNCIL Ii I I I:f 08./ '\11 7 -~._-~------- ._-~-~._.- 51) 1);\ IT S{ ;BMIITFD: ...... I.. I.... ... ... II.. ..... ... II.. ..... 1111 .... ... ....... ..... .a..... ..... ............. SLB.JECT: City Council Mceting Minutes ror mceting of NOV~~(O/~oog ( gv d ~~ +- vJorl<-s hop) Committce :Vlceting Date: N/A Cot 'NeIL ~vIFI:TI:\Ci Date: ~oVe ~f (q , J..n:) 8 Departmcnt: City Council ( Prcsentcr: \Vill Maupin, Co unci I President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council i'v1ceting held ~lov-e..~ to j 2c::c8 ATTACHMENTS: Meeting Minutes for~ove.vvJoeK- 10 J .1.00 ~ FISCAL IMPACTS (Include Budgeted Amount): N/ A APPROV ALS: DEP AR TMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: Council President N/A N/A N/A COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA (B" GENERAL BUSINESS 0 PUBLIC HEARING 0 RECO!\IMENDED MOTION: ]'dove to approve the Conscnt /\genda as prescnted. ('()('NCIL ACTION: 0 Approve 0 Deny 0 Table o Contll111C 0 No Action DIGITAL RECORDING CITY COUNCIL BUDGET SESSION MINUTES Monday, November 10, 2008 The Budget Session of the City Council of the City of Bremerton was called to order in the Council Conference Room, Room 603 of the NORM DICKS GOVERNMENT CENTER located at 345 6th Street, Bremerton, Washington, Monday, November 10, 2008, at 4:00 PM, with Council President Will Maupin presiding. Council members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, Cecil McConnell, and Brad Gehring. Legislative Assistant Lori Smith was present to provide staff support to the Council. President Maupin announced that the 2009 Budget Session was for the Council to hear presentations on the proposed budget; as well as a related agenda item. It was further announced that this Budget Session was open to the public, but there would be no opportunities for input or participation; that no action will be taken, and the content of the item was subject to change. Laura Lvon, Financial Services Director, presented information regarding the proposed 2009 Budget for the City of Bremerton, with a focus on "Enterprise Funds" and the "Public Works & Utilities Budget". Presentations were made on the following items: 1) Gold Mountain Golf - Wyn Birkenthal; and Golf Professionals A break in the meeting was held from 6:05 to 6:20... 2) Public Works & Utilities - Phil Williams; and staff · Utilities Systems Overview · Utility Rate Adjustments (Funds 401, 451, and 481) a. Proposed Ordinance Setting Utility Rates for 2009 . Staffing Changes (All Funds) · Capital Projects Review (All Funds) · Street Budget (Funds 101 and 102) · Equipment Rental Reserve Fund (Funds 509 and 510) · Information Technology Fund (Fund 511) With no further business, President Maupin adjourned the Study Session at approximately 8:00 PM. P~d~ L RI SMITH Legislative Assistant Attest: CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WM:CE:ls:cg AGENDA BILL CITY OF BRE\IERTON CITY COUNCIL Ii I I" I. i! ____9_~_=___~~ g 5' 1),'11: Sl iBMITTLD: ........................................................................................ SLB.JECT: City Council \r1ccting :'vlinutcs Cor meeting oC Nove..W\ 6er {~I ..2008 Committee \lceting Datc: ('OL:\i( 'IL ;VILETINCi [)all': Dcpal1mcnt: Prescnter: N/A ~OV~~~(q,~oo8 City Council' \Vill iVlaupin, Council President (360) 473-5280 Phone: SlJMMARY: Attached is a summary of the City Council Meeting held N 'OVe.~ (2- I 2..008 ATTACHMENTS: Meeting Minutes for NoV'e-~ (2. .;).oog I FISCAL lMP ACTS (Include Budgeted Amount): N/ A APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: Council President N/A N/A N/A COMMITTEE CHAIR COUNCIL PRESIDENT: N/~ ., ,/lJ \ i' ;r;!Zl: / /~ . "~/ / ( /./ / / ,'. ../...-----::7 ". _,'/l .... ,L. ::::- .-- . (.~~ . v CONSENT AGENDA B' GENERAL BUSINESS D PUBLIC HEARING D RECOMI\IENDED MOTION: l\love to approve thc Consent Agcnda as prcscnted. COUNCIL ACTION: D Approve D Deny D Table D ('onlinlle D No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, November 12, 2008 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, November 12, 2008, at 5:30 PM, with Council President Will Maupin presiding. Council Members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, Cecil McConnell, and Brad Gehring. Also present were City Attorney Roger Lubovich; City Clerk Carol Etgen; and Legislative Assistant Lori Smith. The Pledge of Allegiance was led by Council Member Brad Gehrinq followed by the invocation provided by Pastor Roqer Henniqan of Apostolic Life Tabernacle. President Maupin announced that a Briefing Session to discuss General Council Business was held from 5:00 to 5:30 PM in Council Conference Room 603. MAYOR'S REPORT · Urged the Council to maintain the current course regarding the 2009 City Budget; · Reported on a recent conversation he had with Congressman Norm Dicks regarding the possibility that Congress may soon pass a major economic stimulus package for jobs and infrastructure that may include money for local governments especially for infrastructure and housing, and that he asked Gary Sexton to be the City's point person to secure funding for Bremerton because of his long-time relationship with Congressman Dicks; · He also had a conversation with the Government's Office regarding a State economic stimulus package that will focus on low-income housing, construction, and jobs; and lastly · Listed the employers who have brought approximately 1200 new good jobs to the downtown area in the last several years. PUBLIC RECOGNITION & ANNOUNCEMENTS Adam Brockus reminded the public that due to annual inspections by WSDOT, the Manette Bridge will be closed from 9:00 AM to 3:00 PM daily from November 17 to 20; encouraged attendance at Manette Fest, which will be held on Friday, December 5; and announced that he was recently laid off by his employer Art Anderson & Associates, but will continue to represent the citizens of District 3 for as long as he can. CONSENT AGENDA A. Check Numbers 328276 through 328290; and EFT-8271 through EFT-8279 in the amount of $1,672,113.80; and Regular Payroll in the amount of $843,518.14 for the pay-period ending October 31, 2008 (#AB08-241) 05:38:44 M/S/C/U (Runyon/Brockus) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS SA - ORDINANCE NO. 5065, AMENDING BREMERTON MUNICIPAL CODE CHAPTER 3.50 ANQ.INCREASING UTILITY TAXES FOR WATER, WASTEWATER, AND STORMWATER UTILITIES (#AB08-242): Laura Lyon, Financial Services Director, explained that the proposed ordinance increases the utility tax rate for Water, Wastewater, and Stormwater from 8.5% to 9.5%. This brings the tax rate for City owned facilities in line with Solid Waste utility tax rate while also providing additional revenue support for the City's general governmental operations. There were no comments from the public... 05:41 :25 The Main Motion was made and seconded, as discussion by the Council was opened... City Council Reg. Mtg. Minutes Wednesday, November 12, 2008 Page 2 of 4 Mr. McConnell asked if sub-section "(i)" on page 2 of the proposed ordinance was meant to be included. Ms. Lvon confirmed that sub-section (i) was included by error and asked that it be removed from the ordinance. A friendly amendment was made and seconded to strike it. Mr. Wofford if this action would have a direct impact on the taxes paid by citizens. Ms. Lyon responded that it was not a direct tax, but it was indebted and would be a tax on the rates charged by the utilities. Mr. Runyon asked what would be required to balance the budget if this increased was not approved. Ms. Lyon explained that it would cause a deficit of approx. $250,429.00 for 2009. Mr. GehrinQ reiterated that this was not a tax increase on the general citizen but was basically taking funds from one pocket of the City and placing it in another to meet the needs of the Department. Mr. Shepherd pointed out that if a tax is placed on a utility it then generates an increase in the rate structure that is then passed on to the rate payer; and also stated that the Council would be considering rate increases as well, and thought it was premature to increase the tax on the rate payer when the Council has not completed discussions on possible cuts in other areas of the budget that might make up the deficit. Ms. Lyon stated the reason the Council is asked to act on the revenue requirements ahead of time is so if revenue adjustments are necessary they can take place before the final adoption process for the budget. 05:50:55 M/S/C (McConnell/Wofford) Move to approve Ordinance No. 5065, amending Chapter 3.50 of the Bremerton Municipal Code relating to utility taxes for water, wastewater, and stormwater utilities; and striking sub-section (i) [on page 2]. Voted in favor of Motion: McConnell, Brockus, Runyon, Shepherd, Arends, Wofford, Gehring, and Maupin Voted opposed to Motion: Robinson Motion carried: 8-Yes; i-No PUBLIC HEARING 6A - PUBLIC HEARING ON REVENUE SOURCES FOR THE 2009 BUDGET; AND ORDINANCE NO. 5066. LEVYING PROPERTY TAXES FOR COLLECTION IN 2009 (#AB08-243): Laura Lyon, Financial Services Director, stated that the City's property taxes are levied on an annual basis through passage of an ordinance. The proposed ordinance will implement a general property tax levy and a voted EMS levy at the statuatory rate limit as well as a bond redemption levy at a rate adequate to provide funds necessary to meet debt service obligations. In addition, a PowerPoint@ presentation was made to provide further details on "Significant Items of Note" for the proposed 2008 Budget; Expenditures by Fund Type; General Fund Revenues; the Property Tax Levy; and a Property Tax Overview. In conclusion, Ms. Lvon summarized that Ordinance No. 5066 provides for the formal levy for property taxes for 2009 in the maximum amount allowable for the regular and EMS Tax Levy (as limited by law), plus amounts sufficient for annual debt service on the 2002 Public Safety UTGO Bonds. This public hearing on the 2009 Budget and Property Tax Levy is required prior to Council action tonight. President Maupin opened the Public Hearing to allow comments from the public...No comments or questions were received so the Hearing was tf:1en closed to the public... 06:32:08 The Main Motion was made and seconded as discussion was opened to the Council 06:49:18 M/S/C/U (Runyon/Wofford) Move to approve Ordinance No. 5066 levying property taxes for collection in 2009. City Council Reg. Mtg. Minutes Wednesday, November 12, 2008 Page 3 of 4 President Maupin announced that the Council would reconvene in the 6t11 Floor Council Conference Room for a STUDY SESSION to hear presentations on upcoming agenda items. It was further announced that this Study Session was open to the public, but there would be no opportunities for input or participation; that no action will be taken, and the content of these items is subject to change. With no further business, President Maupin adjourned the regular Council Meeting at 6:50 PM; and reconvened the STUDY SESSION at 7:00 PM. A. NO DISCUSSION ITEMS 1. Acceptance of COPS Universal Hiring Program 2008 Grant Award - Police Chief Craig Rogers; and Brad Gehring, Public Safety & Parks Committee Chair Consent 2. Acceptance of 2008 Bulletproof Vest Partnership Grant - Police Chief Craig Rogers; and Brad Gehring, Public Safety & Parks Committee Chair Consent 3. Proposed Resolution temporarily extending Cable Television System Franchise with WAVE- DIVISION HOLDINGS LLC - Carol Etgen, City Clerk; and Nick Wofford, Finance Committee Chair Consent 4. Proposed Ordinance amending Bremerton Municipal Code Chapter 13.04.060 relating to "Discharging Firearms in City Parks" in order to comply with RCW 9.41.300 - Ken Bagwell, Assistant City Attorney; and Brad Gehring, Public Safety & Parks Committee Chair Consent 5. Approval of Letters of Engagement with MORRIS & TARADAY, P.C. and GORDON DERR for Legal Representation - Roger Lubovich, City Attqrney; and Brad Gehring, Public Safety & Parks Committee Chair Consent 6. Contract Award to CONSTRUCT Co for the Cambrian Avenue Sewer Replacement Project- Michael Mecham, City Engineer; and Cecil McConnell, Public Works Committee Chair Consent 7. Approval of Professional Engineering Services Agreement with CAMP DRESSER & McKEE to Perform a Biogas Vehicle Fuel Study - Phil Williams, Public Works & Utilities Director; and Cecil McConnell, Public Works Committee Chair General Business 8. Proposed Ordinance amending Bremerton Municipal Code Chapter 3.01 and amending Rates and Fees for 2009 - Laura Lyon, Financial Services Director; and Nick Wofford, Finance Committee Chair (This item was discussed at the Budget Workshop on October 29. ..) General Business B. FULL DISCUSSION ITEMS 9. Proposed Ordinance amending Bremerton Municipal Code Chapter 15.06 and adopting 2009 Utility Rates and ,General Facilities Charges - Laura Lyon, Financial Services Director; and Nick Wofford, Finance Committee Chair (This item was discussed at the Budget Workshop on November 10...) General Business A 5-minute break was held from 7:55 to 8:00 PM.. . Council Member Mike Shepherd left at the start of the break and did not return for the remainder of the meeting.. . City Council Reg. Mtg. Minutes Wednesday, November 12, 2008 Page 4 of 4 10. Proposed Ordinance approving the Voluntary Separation and Reduced Work Week Program - Laura Lyon, Financial Services Director; and Nick Wofford, Finance Committee Chair Consent 11. Proposed Resolution approving a change in hours of public access to City offices - Laura Lyon, Financial Services Director; and Nick Wofford, Finance Committee Chair General Business President Maupin adjourned the Study Session at 8:25 PM. P~d SUbmitte~ -~ LORI SMITH Legislative Assistant Attest: CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WM:CE:ls:cg DATE SUBMITTED: October 15,2008 BlLL# og-~~ AGENDA BILL CITY OF BREMER TON CITY COUNCIL 5F ........................................................................................ SUBJECT: COPS Universal Hiring Program (UHP) 2008 Grant Award Committee Meeting Date: 11-12-2008 COUNCIL MEETING Date: 11-19-2008 Department: Police Presenter: Chief Rogers Phone: 473-5224 SUMMARY: The COPS UHP 2008 grant award allows the Police Department and City to hire one full-time employee (sworn officer). The City receives one officer at 70 percent of one full-time employee's costs. The City's cost share increases as the federal funding share decreases during the grant budget years September 2008 to August 2011. ATTACHMENTS: 2008 COPS UHP Grant Award Letter and Revised Budget Summary FISCAL IMPACTS (Include Budgeted Amount): Estimated total cost of implementation is $244,617.00 of which the City's share would be $169,617.00 and the federal share would be $75,000.00. There is currently no expectation of implementing this grant in either 2008 or 2009 due to budgetary constraints. Extensions are permitted for several years. Acceptance of the grant allows for implementation for future budget years afte 2009. ~~ APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA ~ GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to accept the COPS UHP 2008 grant funding award. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action U.S. Department of Justice Office oj'Colllll1/1l1ity Oriented Policing Services (COPS) Office o(rh" Director 11011 Vc?I'1I10Ilt Avc?, NIY Washillgtoll. DC 205311 September 4, 2008 Chief of Police Craig Rogers Bremerton, City of 1025 Burwell Street Bremerton, W A 98337 Re: UHP Grant #2008UMWXOO 19 ORI#: WA01801 Dear Chief of Police Rogers: Congratulations! On behalf of the Department of Justice, I am pleased to inform you that the COPS Office has approved your agency's request for funding under the COPS Universal Hiring Program (UHP). Enclosed in this packet is your grant award. The award document must be signed and returned to the COPS Office within 90 days to officially accept your grant. On the reverse side of the grant award is a list of conditions that apply to your grant. You should read and familiarize yourself with these conditions. This package also contains other important information to assist with the implementation of your grant, including your Grant Owner's Manual. The official start date of your grant is 9/1/2008. Therefore, you can be reimbursed for approved expenditures after this date. Please carefully review your financial clearance memorandum to determine your approved budget, as some of your requested items may not have been approved by the COPS Office during the budget review process, and grant funds may only be used for approved items. Please be aware that any vendor or contractor who participated in drafting your grant application may not receive federal funding for any procurement under this award. Within a few weeks, you will receive a PAPRS package from the Office of the Comptroller, Office of Justice Programs. This important package will contain fonns and instructions necessary to begin drawing down funds for your grant. Once again, congratulations on your UHP award. [fyou have any questions about your grant award, please do not hesitate to call your Grant Program Specialist through the COPS Office Response Center at 1.800.421.6770. Sincerely, ~ \( ~\~) Carl R. Peed Director U. S. Department of Justice Community Oriented Policing Services Grants Administration Division (GAD) Universal Hiring Program (UHP) J lOO VCi/IJOIl( A\'e!/IIC, XlV /I'rUhmg,llJll. UC _'() 'lj{) Memorandum To: Chief of Police Craig E. Rogers Bremelion, City of From: Andrew A. DOff, Assistant Director for Grants Administration Katrice Hagan, Grant Program Specialist Budget Prepared By: Tamara Thompson, Grant Program Specialist Re: Universal Hiring Program Financial Clearance Memo A financial analysis of budgeted costs has been completed. Costs under this award appear reasonable, allowable, and consistent with existing guidelines. Exceptions / Adjustments are noted below. OJP Vendor #: 916001231 OR! #: W A01801 Grant #: 2008UMWX0019 Total Officers Funded: Full- Time Officer Costs: Salary and Fringe Benefits: Federal Share: $ 244,617 $ 75,000 $ 169,617 Applicant Share: Bud2et Cate20rv Proposed Bud2et Approved Bud2et Adiustments Disallowed/Adiusted - Reasons/Comments Personnel $176,466.00 $176,466.00 $0.00 Fringe Benefits $76,286.00 $68,151.00 $8,135.00 Unallowable cost Direct Costs: $252,752.00 $244,617.00 $8,135.00 - - --, .. .-..- .- -..-- - - ". .. . -- ... .. ....-- - - - ---', .-. Grand Total $252,752.00 $244,617.00 $8,135.00 . Grand Total: Federal Share: $ 75,000.00 Applicant Share: $ 169,617.00 u. S. Department of Justice COllllJlll1li~v Oriented Policing Services Grants Adrilinistration Division (GAD) tJniversal Hiring Program (UHP) Clcarcd Date: 7/6/2008 Ovcrall Comments: The total project cost was reduced by $8,135 due to unallowable cost for deferred comp and VEBA. No contact was made. U. S. Department of .Justice Commullity Oriellted Policillg Services Grants Administration Division (GAD) UHP Treasury Account Symbol (T AS) 15X0406 Grant #: 2008UMWXOOl9 OR/#: WAOl80l Applicant Organization's Legal Name: Bremerton, City of OJ? Vendof #: 916001231 Law Enforcement Executive: Chief of PoliceCraig E. Rogers Address: J 025 Burwell Street City, State, Zip Code: Bremerton, W A 98337 Telephone.' (360) 473-5224 Fax: (360) 473-5395 Government Executive: Mayor Cary13ozerrian. Addre~s)345 6!liStreCtc Suite 600 City, ,<;tate, Zip Code: Bremerton, W A 98337 . Telephone.' (~90)473~5266. :t;qy~q6(j) 47}-5881c ': ! " A ward Start Date: 9/1/2008 Award End Date: 8/31/2011 Full Time Officers Funded: . .. -.. .- - . . -- _ . -..-. -- ---- . --" - - "- ... .. --... .-.. - .-- -- _-~. ~P~~rt '.Til!le_.:Offlc'er_s F':uri'dl~d:~~ O~;~~c_s~- -- -- ( ',I I' SEP 4 2008 Carl R. Peed, Director "Date .' Craig E. Rogers, Ch:i.efOf Police' Typed Name and Title of Law Enforcement Official Signature of Government Official with the Authority to Accept this Grant Award Typed Name and Title of Government Official False statements or claims made in connection with COPS grants may result in fines, imprisonment, debarment from participating in federal grants or contracts, and/or any remedy available by law to the Federal Government. 10/17/08 Date Date ^ward ([): 86635 U. S. Dcpartmcnt of Justicc qfJice (!lCo!11l11l1l1i~V Oriented Policing .....'ervices Universal Hiring Program Grant Terms ami Conditions By signing the Award Document to accept this Universal Hiring Program grant, your agency agrees to abide by the following grant conditions: I. The grantt.-e agrees to comply with the tenns, conditions ilnd regulations as found in the COPS Universal l-liring Program Grant Owner's r"1anua!; the COPS statut~ (42 U.S.C. *. 37lJ6dd); 28 C.F.R. Part 66 (OMB Circular A-1(2) or 28 l'.F.R. Part 70 (OMB Circular A-lIO) as applicable (governing administrative requirements for grants and cooperative agreements); 2 C.F.R. Part 225 (OMB Circular A-87), 2 C.F.R. 220 (OMB Circular A-2l), 2.C.F.R. Part 230 (OMB Circular A-122) and 4X C.F.R. Part 31.000, d seq. (FAR 31.2) as applicable (goveming cost principles); OMB Circular A-133 (governing audits); these award conditions; other representations made in the grant application for the UniversallIiring Program: and with all applicable program requirements, laws, orders, regulations, or circulars. 2. The grantee acknowledges its agreement to comply with the Assmances and Certifications fonns that were submitted as part of its Universal Hiring Program application. 3. 'llle funding under this project is for the payment of approved full-time entl)'-kvel salaries and tlinge benetits over three years (for a total of 36 months of funding) f(Jr new or re-hired, additional, career law enforcement ollicer positions, hired on or after the award start date. 'I11e FimUlcial Clearance Memorandum includt.'d in your award packet specities the costs that your agency is allowed to fund with your UHP award. It will also describe any costs which have been disallowed atk'f review of your proposed budget. Your agency may not use UHP funds for anything not identitied as allowable in the Financial Clearance Memorandum. 4. Grantees are required to contribute a local match of at least 25 percent towards the total cost of the approved grant project. The local match must be a cash match. The source of the match must be made trom funds not previously budgeted for law enforcement plUposes. 5. UHP grant funds must be used to hire (on or atter the award start date) one or more additional, new or re-hired, full-time career law entorcement officer positions, beyond the number of officer positions that would be hired or employed by the grantee with local funds in the absence of the grant. Unless authorized in writing by the COPS Otlice, grant funds may not be applied to the salary or benefits of an officer hired prior to your UHP award start date. 6. At the time of application, your agency committed to retaining each additional UHP ofiicer position awarded tor at least one full local budget cycle tollowing the conclusion of the thirty-six (36) month grant funding period tor that position, over and above the number of state or locally- ti.mded positions that would otherwise exist. You cannot satisfy the retention requirement by using UHP positions to fill vacancies from attrition. 7. Yom agency may request an exiension of the grant award period to receive additional time to implement your grant program. Such extensions do not provide additional funding. Only those grantees that can provide a reasonable justitication tor delays will be granted no-cost extensions. Reasonable justitications may include delays in hiring COPS-funded positions, ofiicer turnover, or other circumstances that interrupt the 36- month grant funding period. An extension allows your agency to compensate for such delays by providing additional time to complete the full 36 months of tUnding tor each position awarded. Extension requests must be received prior to the end date of the award. as extension requests received after an award has expired will be approved onlv under verI' limited circumstances. 8. Occasionally, a change in an agency's tiscal or law enforcement situation necessitates a change in its UHP award. For instance, a grantee may be awarded ten full-time positions, but due to tiscal constraints, must reduce its request to tive tull-time positions. Grant moditications under UHP are evaluated on a case-by-case basis. All modification requests must be approved, in writing, by the COPS Office prior to their implementation. In addition, please be aware that the COPS Ofiice will not approve any moditication request that results in an increase of federal funds. 9. The COPS Ofiice may conduct monitoring or sponsor national evaluations of the COPS Universal Hiring Program. The grantee agrees to cooperate with the monitors and evaluators. 10. To assist the COPS Office in the monitoring of your award, your agency will be responsible for submitting periodic programmatic progress reporl~ and quarterly financial reports. 11. The COPS Office performs various tunctions to ensure compliance with all grant requirements, to assess the implementation of community policing in awarded jurisdictions, and to provide technical assistance to grantees. Grant monitoring activities are routine during the grant period and may occur up to three years following the ot1icial closure of the grant award. These functions, and othl-'fs, often require the production of grant-related documentation and other materials. As a COPS UHP grantee, you agree to cooperate with any such requests for in/ormation. 12. Grantees that have 50 or more employees and a single award of $500,000 or more must submit an acceptable Equal Employment Opportunity Plan (EEOP) or EEOP short form, if required to submit an EEOP under 28 C.F.R. 42.302, that is approved by the Oftice of Justice Programs, Ot1ice of Civil Rights, within 60 days of notification of the award. 13. The grantee agrees to complete and keep on tile, as appropriate, a Bureau of Citizenship and Inunigration Services Employment Eligibility Veritication Fonn (1-9). This fi.mn is to be used hy recipients of fcderalli.mds to verify that persons arc eligihle to work in the United States. 14. Community policing activities to be initiated or enhanced by your agency were identified and approved in your UHP grant application, including those that will also support violent crime prevention drorts. Under the Universal Hiring Program, there must be an increase in the level of community policing activities that are heing perJ(lfIned in your jurisdiction as a result of the grant. 15. Orantees that provide law enJ(Jrcement services to anotherjurisdiction through u contract must ensure t1wt oUicers ti.mded under this grant will not servil:e the other jurisdiction, but will only he involved in activities or perJtlnn services that exclusively hendit the gnmtee.s o\\n jurisdiction. I (,. False statements or claims made in connection with COPS grunts 1l1UY result in tines, implisonment, or debarment from participating in federal grants or contracts. and/or any other remedy availahle hy law. DATE SUBivDTTED: October 29, 2008 BfLL # oB-:;lS"o AGENDA BILL CITY OF BREMER TON CITY COUNCIL 5" ........................................................................................ SUBJECT: 2008 Bulletproof Vest Partnership Grant Committee Meeting Date: 11-12-2008 COUNCIL MEETING Date: 11-19-2008 Department: Police Presenter: Chief Rogers Phone: 473-5224 SUMMARY: The federal government will pay 50 percent of the costs when the Police Department purchases ballistic vests through September 30,2010. The City received federal funds in the amount of $11,199.12. Current costs for the vests are $884.00. Police on duty are afforded protection through the use of safety and body anuor. A TT ACHMENTS: Electronic Announcement Message FISCAL IMPACTS (Include Budgeted Amount): Budget expenditures on vests over the next two years will be reduced $11,199.12. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: CONSENT AGENDA ~ GENERAL BUSINESS 0 PUBLIC HEARING n ~ COMMITTEE CHAIR COUNCIL PRESIDENT: REC01\lMENDED MOTION: Move to approve and to accept the Vest Partnership Grant funding. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action Page 1 of 1 Timothy Sholtis From: owner-bvp-list@ojp,usdoj,gov on behalf of BVP [bvp@usdoj,gov] Sent: Wednesday, October 29. 20085:36 AM To: BVP-list Subject: Bulletproof Vest Partnership FY 2008 Awards The Bureau of Justice Assistance (BJA) is pleased to inform you that your agency will receive an award under the Fiscal Year (FY) 2008 Bulletproof Vest Partnership (BVP) solicitation. These funds have been posted to your account in the BVP system. For questions regarding the BVP Program or your award, please do not hesitate to contact the BVP Help Desk at vests@ojp.gov. A complete list of FY 2008 BVP awards is available at: bttpjlWW\^1.Qjp.Lt~gQLgQy!!;>ypbgsj/ The FY 2008 award funds may be used for National Institute of Justice (NIJ) compliant armored vests which were ordered on or after April 1 , 2008. The deadline to request payments from the FY 2008 award funds is September 30, 2010, or until all available 2008 awards funds have been requested. Thank You. BVP Program Support Team Eileen M. Garry Deputy Director Bureau of Justice Assistance U.S. Department of Justice Darius LoCicero Division Chief, Special Projects Bureau of Justice Assistance U.S. Department of Justice Joseph Husted Payments Program Analyst Bureau of Justice Assistance U.S. Department of Justice 1 {)!'"l()!'"l{)()O DATE SUBMITTED: November 3, 2()O" BILL 1/ -~-i2-B - ~ 5' , ,\GEN[)A BILL CITY OF BREMERTON 5'-' CITY COUNCIL " Da...a....~a......m...a.D....am....B8...........a....D..a........a............a....ag....... SUBJECT: Adoption of Resolution No. -'3Q74- Temporarily Extending Cable Television System Franchise with WaveDivision }-ioldings, LLC Committee Meeting Date: _~ov~_mbeI~12,__?-.9~_ COUNCIL MEETING Date: November 19,2008 -------- - Department: City Clerk ___L-:::._________ Presenter: Carol E~gen Phone: 360.473.5323 SUMMARY: Falcon Video Communications, LP. was issued a franchise to operate a cable television system in Bremerton by Ordinance No. 4635 on November 4, 1998. Charter Communications Holding Company, LLC was granted control of Falcon Video Communications, LP. 's holdings in the cable franchise by Resolution No. 2724 on August 18, 1999. Assignment and Conveyance of the cable tel'evision system franchise was approved by Resolution No. 2905 on September 24, 2003 to Wave Division IV, LLC. This Resolution also authorized the sale and conveyance of the membership and other ownership interests from Wave Division IV, LLC to WaveDivision Holdings, LLC. The cable television system franchise with \VaveDivision Holdings, LLC expires on December 8, 2008. WaveDivision Holdings, LLC has requested the renewal of the cable television system franchise and is agreeable to an extension of the current franchise in order to allow adequate time for the public outreach and negotiation process. Staff is requesting a six-month extension of the contract to June 8, 200.9. ATTACHMENTS: Draft Resolution No. 3074- FISCAL Il\IPACTS (Include Budgeted Amount): Revenues will continue to come in as budgeted during the extension period. APPROVALS: DEPARTMENT DlRECTO CITY ATTORNEY: FIN ANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT: r CONSENT AGENDA !l11 I GENERAL BUSINESS 3J I PUBLIC HEARING 0 l___ RECO:MMENDE[) MOTION: Move to adopt Resolution No. 3_Q_LL temporarily extending the cable television system Iranchise with WaveDivisiol1 Holdings, LLC for six months. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action RESOLUTION NO. 3074_ A RESOLUTION of the City Council of the City of Bremerton, Washington, temporarily extending the Franchise with WaveDivision Holdings, LLC. WHEREAS, Falcon Video Communications, L.P. was issued a franchise to operate a cable television system in Bremerton, WA by the Bremerton City Council's passage of Ordinance No. 4635 on November 4, 1998; and WHEREAS, Charter Communications Holding Company, LLC was granted control of Falcon Video Communications, L.P.'s holdings in the cable franchise by the Bremerton City Council's adoption of Resolution No. 2724 on August 18, 1999; and WHEREAS, Assignment and Conveyance ofthe cable television system franchise from Charter Communications Holding Company to Wave Division IV, LLC along with the sale and conveyance of the membership and other ownership interests in Wave Division IV, LLC to WaveDivision Holdings, LLC was approved by the Bremerton City Council with the adoption of Resolution No. 2905 on September 24,2003; and WHEREAS, The cable television system franchise with WaveDivision Holdings, LLC expires on December 8, 2008; and WHEREAS, WaveDivision Holdings, LLC by letter of March 20, 2006 and pursuant to Section 626(a) of the Cable Communications Policy Act of 1984 has requested the City consider renewing a cable television system franchise and is agreeable to an extension of the current franchise; and WHEREAS, The City Council has determined more time is necessary to properly negotiate a new cable television system franchise. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The cable television system franchise with WaveDivision Holdings, LLC will be extended under the existing agreement for six (6) months to June 8, 2009. SECTION 1. Severability. If anyone 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 3. Etlective Date. This Resolution shall take effect and be in force immediately upon its passage. I WaveDivision Cable Franchise Extension day of PASSED by the City Council of the City of Bremerton, Washington this__ __, 2008. WILL MAUPIN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney CAROL ETGEN, City Clerk R:\Legal\Legal\Resolutions\Finance\Wave Cable Franchise Extension.doc 2 WaveDivision Cable Franchise Extension o B - c2- s- ..:L-- DATE SUBMITTED: October 27,2008 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL Sl ........................................................................................ SUBJECT: Ordinance No. 50 & '1 amending BMC 13.04.060 relating to discharging firearms in City parks in order to comply with RCW 9.41.300 Committee Meeting Date: November 12,2008 COUNCIL MEETING Date: November 19,2008 Department: City Attomey's Office Presenter: Ken Bagwell Phone: 473-2345 SUMMARY: The current provisions ofBMC 13.04.060 relating to discharging firearms or explosives in City parks do not comply with RCW 9.41.300. The proposed ordinance updates the provisions ofBMC 13.04.060 in order to comply with state law. ATTACHMENTS: Proposed ordinance NO. SO (q 7 FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEP AR TMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: ~_. /' CONSENT AGENDA ~ GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTIO~: Move to pass Ordinance No. 50 (01 amending BMC 13.04.060 in order to comply with RCW 9.41.300. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action ORDINANCE NO. 50~1 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 13.04.060 of the Bremelion Municipal Code to comply with RCW 9.41.300.. WHEREAS, the current provisions of Section 13.04.060 of the Bremerton Municipal Code relating to the discharge of firearms or explosives in City parks are not in compliance with RCW 9.41.300; and WHEREAS, the City Council desires to amend provisions relating to the discharge of firearms or explosives in City parks in order to comply with RCW 9.41.300; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 13.04.060 of the Bremerton Municipal Code entitled "Discharging Firearms or Explosives" is hereby amended to read as follows: 13.04.060 DISCHARGING FIREARMS OR EXPLOSIVES. It is unlawful to shoot, fire or explode any firearm, fireworks, firecracker, torpedo or explosive of any kind or to carry any firearm or to shoot or fire any air gun, bows and arrows, BB gun or use any slingshot in any park, except the superintendent may authorize archery, and the firing of small bore arms and fireworks at designated times and places suitable for their use. SECTION 2. Severability. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of ,2008 WILL MAUPIN, Council President Discharging Firearms or Explosives in City Parks Approved this day of ,2008 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney ,2008 ,2008 PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of R:\Legal\Legal\Ordinances\Parks\Discharging Firearms or Explosives.doc 2 Discharging Firearms or Explosives in City Parks DATE SUBMITTED: November 3, 2008 BILL # oS-J53 5$" AGENDA BILL CITY OF BREMERTON CITY COUNCIL ......................................................................................., SUBJECT: Approval of Letters of Engagement with Morris & Taraday, P.c. and GordonDelT for legal representation Committee Meeting Date: November 12, 2008 COUNCIL MEETING Date: November 19, 2008 Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: The City Attorney's Office employs outside legal counsel to assist in the representation of the City of Bremerton in specialized areas. Morris & Toraday, P.C. assists in representing the City on land use and related issues. GordonDerr assists in representing the City with issues related to the overwater boardwalk, water rights issues and related matters. Both firms' hourly rates are reasonable and these firms are highly specialized in the areas that the City engages them. ATTACHMENTS: Letters of engagement with Morris & Taraday, P.D. and GordonDerr FISCAL IMPACTS (Include Budgeted Amount): Professional Services are currently budgeted in the City Attorney's budget and the Department of Public Works & Utilities' budget. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA ~ GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to approve the engagement letters with Morris & Taraday, P.c. and GordonDerr for legal representation and authorize the City Attorney to execute the letters of engagement in substantially the same form as presented and further authorize the City Attorney to approve periodic rate adjustments. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action 'i. IB o ,_ ._ _ -,=;.t "t Office of the City Attorney Roger A. Lubovich, City Attorney "f~1.3~Q47~~~3~5~';:: ,,;; Fai360:473~5161," ~i itt:."." ~~;~~~,t;~;;: , ~ ~~~;~jH~~'i;jl~;{~~!e ' ~ October 29, 2008 Carol A. Morris Morris & Taraday, P.e. PO Box 948 Seabeck, W A 98380-0948 Re: Engagement Letter Dear Carol: The City of Bremerton and Morris & Taraday, P.e. desire to enter into an agreement for legal representation in land use and related matters. This letter will serve as an Engagement Letter and Terms of Engagement ("Agreement") between the City of Bremerton and Morris & Taraday, P.C. (collectively "Parties") and will become effective upon execution by Parties. A copy of Morris & Taraday, P.e. Standard Terms of Engagement and Billing Polices is attached hereto as Exhibit A and incorporated herein by reference. The Parties agree that the Agreement will continue in full force and effect until terminated pursuant to Exhibit A. The 2008 hourly rate for services is $250 an hour. The Parties further agree that the hourly rate for services stated herein may, from time to time, and upon approval by the City Attorney, be adjusted to reflect current market rates and conditions. Any rate modifications shall be approved in writing by the City Attorney. This Letter of Engagement may be executed in duplicate originals with each have the same force and etTect. Reviewed, Approved, and Accepted this day of , 2008 ~-------- --~ CITY OF BREMERTON Roger A. Lubovich, City Attorney . Page 2 October 29, 2008 Reviewed, Approved and Accepted this ___ day of ________, 2008 MORRIS & T ARADA Y, P.c. By: Carol A. Morris Its: R:\Lcgal\Lcgal\Contracts\LEGAL'.2008 Morris Agrccmcnt.doc Morris & Taraday, P.C. Standard Terms of Engagement and Billing Policies Our experience has shown that the attorney-client relationship \vorks best when there is mutual understanding about fees, expenses, billing, and payment terms. Therefore, this statement is intended to explain our billing policies and procedures. Clients are encouraged to discuss with us any questions they have about these policies and procedures. Any specific billing arrangements different from those set forth below, will be confirmed in a separate written agreement between the client and the firm. Fees for Professional Services Unless otherwise agreed in writing, the fees for the legal work undertaken will be based on the amount of time spent by us on the client's behalf. Hourly rates are set to reflect the skill and experience of the attorney or other legal personnel rendering services on the client's behalf. Time is accrued on the basis of actual time spent for all work. Any increases resulting from adjustments in hourly rates will be instituted after notice to our clients. Notice of fee increases will be contained in the first month's billing for which the increase was applied. Occasionally, monthly statements are adjusted upward or downward pursuant to factors such as result achieved, time pressures imposed by client or by the nature of the matter, and nature and length of professional relationship with client. In special circumstances, which will be discussed with the client and agreed upon in writing, fees will be based upon the novelty or difficulty of the matter, or the time or other special limitations imposed by the client. Fees for Other Services, Costs and Expenses We attempt to serve all our clients with the most effective support systems available. Therefore, in addition to fees for professional legal services, we also charge separately for some other services and expenses to the extent of their use by individual clients. These charges include, but are not limited to, large copying projects, large mailings, specialized computer n:search. court tiling fees, and other cO,urt-related expenditures including court reporter and transcription lees. Aside from our time, no separate charge is made for computer research that Ltlls within our Wcstlaw subscription. We do not charge for secretarial or word processing services; those costs are included within the above hourly rates. \Ve may need to advance costs and incur expenses on your behalf on an ongoing basis. including. but not limited to. costs such as filing fees. or fees for necessary experts. consultants. Page 3 of 6 or se!'\'ices related to your matter. These items arc separate and apart from attorneys' fces, eienerally. \\e will advance nominal costs and bill you for them at the end of the month, Thesc add i t ional costs i nclud i ng taxes will be i nc luded as a separate item on your monthly statement. You. as the client, an: responsible for these costs. They an: not the responsibility of this tirm. \\1l! shall be responsible to reimburse the linn for these advanced costs. If substantial costs arise. \lie will arrange fnr you to pay thcm in advance or be bilkd directly by the appropriate party. Monthly Invoices and Payment Morris & Taraday, P.c. provides its clients with monthly invoices for legal services performed and expenses incuITed. Each monthly invoice ref1ects both professional and other fees for services rendered through the end of the prior month, as well as expenses incurred on the client's behalf that have been processed by the end of the prior month. Processing some expenses is delayed until the next month and billed thereafter. Unless specifically set forth in a separate written contingent fee agreement, our fees are not contingent upon any aspect of the matter. All billings are due and payable within fifteen (15) days of presentation unless the full amount is covered by the balance of an advance fee deposit held in our trust account. If a bill is not paid within twenty (20) days, a late charge of one percent per month on the unpaid invoice shall be added to the balance owed, commencing with the next statement and continuing until paid. It is our policy to treat every question about a bill promptly and fairly. It is also our policy that, if a client does not pay an invoice within forty-five (45) days of mailing, we may advise the client by letter that the client must pay the invoice within ten (10) days or the firm will take appropriate steps to withdraw as attorney of record. If the delay is caused by a problem in the invoice, we must rely upon the client to raise that with us during the ten day period. This same policy applies to fee arrangements that require the client to replenish fee deposits or make deposits for anticipated costs. From time-to-time clients have questions about the format of the bill or description of work performed. If you have any questions, please ask them when you receive the bill, so we may address them on a current basis. Changes in Fee Arrangements and Budgets It may be necessary under certain circumstances for a client to increase the size of required advances for fees after the commencement of our engagement and depending upon the scope of the work. For exampl~. prior to a protracted trial or hearing, the tirm may n:quire a further advance fee deposit to the lirm's trust account sufficient to cover expected fees. Any such changes in fee arrangements will be discussed with the client and mutually agreed in \\Titing. While we may, from time-to-time. endeavor to estimate accurately your total fees and costs in handling a matter. we ahvays caution clients that such statements are estimates only. NO' '1811 - 9:; 9 8 - 7138. v, 1 Our monl hi y hi II i ng stah:m~nts wi II serve to keep you adv iscd 0 I' the actual cost 0 I' representation. Termination Youll1ay terminate our representation at any time, \vith or without cause, hy notifying us. LJpon such action, all fees and expenses incurred before the termination are due. If such t~rmination occurs, your original papers will be returned to you promptly upon receipt of payment for outstanding fees and costs. If you wish to have a copy of your file at the conclusion of our representation, we \vill provide it to you at the current copy rate per page then in effect at this firm. Estimates You may, from time to time, ask us for estimates of our fees and expenses either in whole or in part. We are hesitant to give estimates because of their potential inaccuracy. However, if you require it, and if we do provide you with such estimates, they will be based upon our professional judgment, but always with a clear understanding that it is not a maximum or fixed fee quotation. We cannot guarantee that the actual fees and expenses will be at or bclow the estimates because of factors outside our control. Client Files If you do not request the return of your files, we will retain your files for seven years. After seven years, we may have your files destroyed. If you would like your files maintained for more than seven years or returned, you must make separate arrangements with us. . Dispute Resolution If you disagree with the amount of our fee, please take up the question with the lead attorney for your matter. Typically such disagreements are resolved to the satisfaction of both sides with little inconvenience or formality. The Washington State Bar Association has a Fee Arbitration Board to assist in the settlement of any fee disputes. Any disputes relating to these Terms of Engagement or the accompanying engagement letter (collectively this "agreement") or the amount of legal fees related thereto, will be submitted to the Fee Arbitration Board of the Wasl~ngton State Bar Association for arbitration and prompt resolution, according to its then- effective rules, and we agree to be bound by the results of such arbitration. In the event of non- payment such that we have to pursue collection of your account, you agree to pay the costs of collecting the deht. incl~lding couti costs and fees, and a reasonahle attorney's fee. Withdrawal We rcs~rv~ the right to withdraw from representing you, if, f()r any rcason, our fees ar~ not timcly paid in accordance \vith this ag!"e~ment, O!" for any other appropriate cause. NO, ,,811.- 9298 n 3 8, v. 1 Disclaimer You acknowkdgl: that \\c havc madc no guarantees regarding the disposition, outcome. or results of your legal or busincss matters, and all cxpressions \\e have madc rclevant thcreto an: only our opinions as lawyers based upon the information available to us at the time, Our beginning work on your behalf \\ill constitute your acceptance of this agreement unless \\ie recei ve a \\Titten objection from you within fourteen (14) days of the date of the accompanying engagement letkr. NO. <1811 'J 2 'J 8 - 713 8, v. 1 GordonOelT .~~ ATTORNEYS AT LAW October 31, 2008 Mr. Kenneth Bagwell Assistant City Attorney City of Bremerton 345 6th Street, Suite 600 Bremerton, W A 98337 Re: Engagement of GordonDerr LLP Services Dear Mr. Bagwell: Thank you for coming to Seattle to meet with me last Tuesday. I enjoyed meeting with both you and Kathleen Cahall and discussing City water issues. We are pleased that you have selected GordonDerr LLP to represent you with water right and water supply issues. . This letter confirms that we will open a new matter under our existing representation of the City. From my conversation with you and Ms. Cahall, we understand that we will represent the City in connection with water rights and water supply matters. This letter supplements the August 15,2008 letter from Brent Carson to Roger Lubovich setting forth the terms of our representation. Terms of that August 15 letter are incorporated by reference here (e.g., conflict waiver as to private clients, rates, etc.). To also assure mutuality of trust, we maintain a conflict of interest index. The Washington Rules of Professional Conduct (RPC) defines whether a past or present relationship with any party prevents us from representing you. Similarly, your name will be included in our list of clients to ensure we comply with the RPC with respect to your representation. Based on information you have provided us for this matter, we have checked the following additional names against our contlict of interest index: Washington Department of Ecology, the Suquamish Tribe, Ms. Laura Overton. Based on that check, we have not identified any conflicts and we can represent you. Please review the list to see if any other persons or entities should be included. If YOll do not tell us to the contrary, we will assume that this list is complete and accurate. We request that you update this list for us if you becol11e aware of any changes in the future, inclllding those caused by changes to the scope of our representation, as described herein. ~'OL'i 1::i,1 1\III'I'ill. ~)lllll; 'J'jt) :~c;:\llf'm\ ',KI/l. ~]1f) ~I]G.~.qZ.~I:J4U (.IX ;J[)li-lilli 1167:) 'NW\'I ClilflulIDf;IICiJlII Mr. Kl'nneth Bagwell 2 Octobl'r 31, 2008 ICthl' ktter m\?ds with your approval, pleas\? sign, date and return on\? original oCthis ktter. If you han: any qu\?stions at any time about our s\?rviccs or billings, please do not h\?sitak to c~dlm\? We look forward to working with you. V cry trul y yours, GORDONDERR LLP C2t- J y/ Adam W. Gravley cc: Kathleen Cahall AGREED AND ACCEPTED By: City of Bremerton Name: Dated: Y \\1' IlIU-\ILH IU>;W \ 11-_H-I'l\(i.-\(,1 \II-N I LLITFR IOllllH DOC =:= ATTORNEYS AT LAW Brent Carson August 15, :2008 Mr. Roger Lubovich City Attorney City of Bremerton 345 6th Street, Suite 600 Rrernerton, WA 98337 REceiVED AUG 1 8 2008 City Of Bremerton CIty Attorney's Offlce Re: Engagement of GordonDerr LLP Services Dear Roger: We are pleased that you have selected GordonDerr LLP to represent you. We look forward to a valued relationship with you and successfully achieving your goals. This letter constitutes our agreement setting forth the terms of our representation. Scope of Our Representation From my conversation with you, we understand that the City of Bremerton ("City") is the entity we will be representing. Specifically, we will represent the City in connection with issues regarding an overwater boardwalk project located in the City. Fees and Billings My current billing rate is $395 per hour. The billing rates for other attorneys and timekeepers are referenced in the attached document entitled "GordonDerr LLP Billing Policies." 'j ,'le document also describes the other aspects of our firm's billing policies. These attached billing policies are part of this fee arrangement agreement. Conflicts To also assure mutuality of trust, we maintain a connict of interest index. The Washington Rules of Professional Conduct (RPC) defines whether a past or present relationship with any party prevents us from representing you. Similarly, your name will be included in our list of clients to I:nsure we comply with the RPC with respect to your reprl:sentation. Basl:d on information yuu have provided us, \\e have checked the ttlllowing names against our connict of interest indl:x: City of Brcmcrton; The Suquamish Tribl:; l !nikd States Army Corps of !':nginl:ers; Washington Stak Departmcnt of Ecolugy; Washington State IkpartIlll'l1t of Fish and Wildlite. Based on that check, we ha\c not idl:ntiticd an\' cunnicts and \\1: can rl:prl'sl:nl you. Please rcyil:\\ thl' list to sec if any othl:r pl:rSlll1S llr l'l1titil:s should k inclullcd. II' YllU do 110t lI..'lllls tothc Ulntrary. \VI: \\ill aSSUIlle that this list is compkk anJ <1'1 i , ,. :', i ~lr. R()g~r Lubovid1 , August 15. ~()08 al.:nm\t~. W~ r~qu~st that )ouupdatc this list lor LIS if you become iman: of any I.:hang~s in th~ Cutun:. induding th()s~ ~aused by d1angcs to thc s~opc of our repn:s~ntation. as J~si.:ribcd herein. B~cause GordonDclT LL1> r~pr~s~nts sev~ral prh atl.: clients l.:ngagcd in various d~\~lopment adi\itics throughl)lIt thl.: Statl.: of Washington. it is our policy when being retain~d by any municipal client to request <.:onsid~ration of the following pn:-waiver of contlicts to prO\ ide greater d'lici~ncy with n:spect to future matt~rs for private dicnts potentially adverse to the municipality. We ask the City to consent to and waive potential contlicts pursuant to Sections 1.7 and 1.9 of the Washington Rul~s of Professional Conduct regarding GordonDerr LLP's representation of future private clients in matters adverse to the City as follows: (I) This consent does not include matters involving the same matter or any matter substantially related to the subject of this representation. Written consent from the City will be required for representation of any client adverse to the City involving the same matter or any matter substantially related to the subject of this representation. (2) Except as set forth in subparagraph (4) below, this consent includes matters adverse to the City that involve an Administrative Appeal, defined to include proceedings before the Hearing Examiner, an administrative body such as the Planning Commission, or the City Council. (3) This consent does not include Litigation, defined to include court proceedings and appeals to any state administrative tribunal. Written consent will be required for any Litigation adverse to the City. (4) Prior to filing any Administrative Appeal (or the filing of Litigation for which written consent has been received from the City), GordonDerr LLP will notify the City in writing (including electronic mail) that it has adopted an ethical screen to en.sure that timekeepers and files related to the potentially adverse matter are separated from those related to the subject representation. (5) If Brent Carson or another GordonDerr timekeeper who is working on this matter for the City is or could be working on the potentially adverse matter, GordonDerr LLP will request a written conflict waiver from the City for the potentially adverse matter prior to the filing of any Administrative Appeal. The City, at its sole discretion, may waive potential conflicts that do not involve this matter on the condition that GordonDerr LLP adopt an appropriate ethical screen. (6) For potentially adverse matters that do not involve Brent Carson or another GordonDerr timekeeper who is working on this matter, GordonDerr will notify the City in writing (including electronic mail) that it has adopted an ethical screen for the potentially adverse matter at or before the time that GordonDerr LLP or its client tiles an Administrative Appeal (or Litigation lor which written consent from the City has been received). (7) Any dhil.:al screen adopted lor this matter will bar I.:ommunications bdv,:een UordonDerr timekeept>rs ~..ho arc working on this matter and those working on the potentially adverse matter if the communications relate to either matter. Any ethical scre~n adopkd for this matter \\ill bar sharing of documents between GordonDerr timekeepers who arc working un this matter and those working on the potentially adverse m;1ttcr that relate to either matter and"", ill require that appropriate warnings he placed on tiles related to this matter. l WPIlHI\1/RII)\I](!;':'lJHI'IIII!{B( J)()\' \ 1r, Rpgl.:J' Iubll,ich 3 :\ugust 15. 2()()g New Mittters Wh~n \\'1: an.: engaged by a new client on a particular matter, wc arc otten Iali.:r askl:d to work on adJitionalmatters, Such new matters may be subjert to a new, signed supplerm:nt to this agrl:cment, but if no revised agreement is executed, the same terms apply for all future matters unless revisl:d in writing. Similarly, unless specitkally noted in this agreement, this agreement docs not cover and is not a commitment by either of us to undertake any appeals or coiled ion procedures. Any such future work would also have to be agreed upon in a signed supplement. Electronic Communication E-mail, Extranet and other forms of electronic communication are increasingly important business tools, and we make appropriate use of them in communication with our clients. However, there are risks associated with them. While we have no reason to believe that our own e-mail or other electronic communication systems are not secure, you should be aware that the information sent or stored electronically might be accessed by third parties. We may when appropriate, communicate with you bye-mail unless you ask us not to, Please note that e-mail can be subject to delays and non-delivery; you should confirm with us that we have received and read your e-mail communications. We have measures in place to protect against sending and receiving viruses, but we cannot guarantee that these will be completely effective. Civility in Litigation In litigation, courtesy is customarily honored with opposing counsel, such as extensions to file pleadings or responses to other deadlines, when such courtesies do not jeopardize a s~ ecific client interest, such as an external business deadline. In our experience, the reciprocal extension of such courtesies saves our clients' time and money. By signing this letter, you will be confirming your approval of this practice in your case. Termination of this Agreement You, of course, have the right to end our services at any time. If you do so, you will be responsible for the payment of fees and costs accrued but not yet paid, plus reasonable fees and costs in transferring the case to you or your new counsel. By the same token, we reserve the right to terminate our services to you consistent with the requirements of the Rules of Professional Conduct, upon written notice, order of the court, or in accordance with our attached memorandum. If we terminate our services to you, we will provide a limited amount ofv,:ork to transition the mattcr to another attorney. Such termination could happen if you fail to pay our fees and custs as agreed. t~liI to cooperate with us in this matter. or if we determine, we cannot continue to n:pn.:scnt you It.)!' dhical or practical concerns. Client Files If you do not request the n:turn of your files, \ve \vill retain your tiles for seven years, :\tkr se\en Yl.:ars, Wi: may have your tiks destroyed. If you would like your tiles maintained for 1:1 )1'1.: than se\ en years or rl.:turnl.:d, YOll must make separak arrangements with us. \ II I' Hili \11 I< I' J'o; I il,~ 1'"'' III I II< III !lOt \lr, Rogl.:r l.11b\1\ i(h 4 i\llgllst 15. 2UU8 Estahlishil1~ thc Attornc)-Clicl1t Rchltiol1ship We have agreed to begin work on this (use on your behalf. To that I.:nd. \\c havc pro\idcd you with duplil.:ate originals of this letter and a self-addressed, stampcd envelope, If the letter meets with your apprmul, pleasc sign. datc and rcturn onc original of this letkr by August 29. 2008. If you do not return this Iettcr by this date. we \\ ill assume that you do not wish to have us (ontinue our legal represcntation of you in this matter and our representation will end, If you have any questions at any time about our serviccs or billings, please do not hesitate to call me. Wc look forward to working with you. Very truly yours, - - Be: LKL Attachment :;REE~A\~ City of Br~erton Dated: A1lJ:.4S', ""t. '- . '1...,)(,1 R . :::-:: ~ ~ s<F ~ \\PIl14j.\f/HlrlNIIIH)'.IIHI'11 IIHJH !)()( GordonDerr .it ;'0"1' ;; ~"~ ATTORNEYS AT LAW GordonDerr LLP Billing Policies Our experience has shown that the attorney-client relationship works best when there is mutual understanding about fees, expenses, billing, and payment terms. Therefore, this statement is intended to explain our billing policies and procedures. Clients are encouraged to discuss with us any questions they have about these policies and procedures. Clients should direct specitic questions about a bill to the attorney \vith whom the client works most directly. Any specitic billing arrangements ditTerent from those set forth below will be contlrmed in a separate wTitten agreement between the client and the tlrm. Fees for Professional Services Unless otherwise agreed in writing, our fees for the legal work we will undertake will be based on time spent by personnel in our office on that client's behalf. Hourly rates are set to reflect the skill and experience of the attorney or other legal personnel rendering services on the client's behalf. Time is accrued on the basis of actual time spent for all work. Our attorneys currently bill at rates from $165 to $395 per hour, our land use planners/project managers bill from $160 to $195 per hour, Law Clerks from $110 to $150 per hour, and our paralegals and graphics specialists bill at rates from $60 to $110 per hour. These hourly rates are adjusted periodically to accommodate rising tlrm costs and to reflect changes in attorney status as lawyers attain new levels of legal expertise. Any increases resulting from such adjustments will be instituted automatically and will apply to each affected client. Notice of fee increases will be contained in the tlrst month's billing for which the increase was applied. Occasionally, monthly statements are adjusted upward or downward pursuant to factors such as result achieved, time pressures imposed by client or by the nature of the matter, and nature and length of professional relationship with client. In special circumstances, which will be discussed with the client and agreed upon in writing, fees will be based upon the novelty or difficulty of the matter, or the time or other special limitations imposed by the client. Fees for Other Services, Costs and Expenses We attempt to serve all our clients with the most effective support systems available. Therdore, in addition to fees for professional legal services, we also charge separately for some other services and expenses to the extent of their use by individual clients. These charges include, but are not limited to, mileage in excess of 30 miles per trip at the business mileage rate calculated by the IRS (currently. $.585 per mile), extraordinary telcphonc and document delivery charges, conthcnce call charges, copying charges at $.15 per copy ($.75 per color copy) for in- house copying and "at cost" including taxes for outside copying services. specialized computerized research, court tiling fees, and other court-related expenditures including court reporter and transcription fees. No separate charge is made for routine computer research or :y-~:.:retarial or word processing services; those costs are included within the above hourly rates. ;:: f I :\ I d~ I-i II (;, 'S i I: t (, ~) :}[;. I j I f' /U~ :J 8 1 ;~) J 1 /i 1,1 .~ () () :18? ~151~ \J 1;li ii!(jh:!fi u,jj'; IV'N',V I;,ndrili[)ljll ,'lilli \Ve may need to advance costs and incur expenses on your behalf on an ongoing basis, including, but not limited to, costs such as filing fees, or fees for necessary experts, consultants, or services related to your matter. These items are separate and apart from attorneys' fees. Generally, \ve will advance nominal costs and bill you for them at the end of the month. These additional costs including taxes will be included as a separate item on your monthly statement. You, as the client, are responsible for these costs. They arc not the responsibility of this firm. You shall be responsible to reimburse the firm for these advanced costs. I f substantial costs arise, we \vill arrange for you to pay them in advance or be billed directly by the appropriate party. Monthly Invoices and Payment GordonDerr LLP provides its clients with monthly invoices for legal services performed and expenses incurred. Each monthly invoice retlects both professional and other fees for services rendered through the end of the prior month, as well as expenses incurred on the client's behalf that have been processed by the end of the prior month. Processing some expenses is cidayed until the next month and billed thereafter. Our fees are not contingent upon any aspect of the matter. All billings are due and payable within twenty days of presentation unless the full amount is covered by the balance of an advance fee deposit held in our trust account. If a bill is not paid within 30 days, a late charge of one percent per month on the unpaid invoice shall be added to the balance owed, commencing with the next statement and continuing until paid. For your convenience, we accept MasterCard and Visa. If you wish to pay your bill using one of these credit cards, please contact Patty Goldsmith in our accounting department at (206) 382-9540. It is our policy to treat every question about a bill promptly and fairly, It is also our policy that, if a client does not pay an invoice within 60 days of mailing, we may advise the client by letter that the client must pay the invoice within 14 days or the firm will take appropriate steps to withdraw as attorney of record. If the delay is caused by a problem in the invoice, we must rely upon the client to raise that with us during the l4-day period. This same policy applies to fee arrangements that require the client to replenish fee deposits or make deposits for anticipated costs. From time-to-time clients have questions about the format of the bill or description of work performed. If you have any questions, please ask them when you receive the bill, so we may address them on a current basis. Changes in Fee Arrangements and Budgets It may be necessary under certain circumstances for a client to increase the size of required advances for fees atter the commencement of our engagement and depending upon'the scope of the work. For example, prior to a protracted trial or hearing, the firm may require a further advance fee deposit to the firm's trust account sufficient to cover expected fees. Any such changes in fee arrangements will be discussed with the client and mutually agreed in writing. While wc may. from timc-to-timc, cndcavor to estimatc accurately your total fecs and costs in handling a matter, we a!\vays caution clients that such statements are estimates only. Our monthly billing statcmcnts will serve to keep you advised of the actual cost of representation. Fcc Disputes and Arbitration While this has never occurred, should any fee dispute arise that cannot be resolved betwecn us, \w both agree to submit the fee dispute to binding arbitration. Lasl upd'llt'd 7/18,08 DATE SUBMITTED: November 5. 2008 BILL # __O_~51 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5" ........................................................................................ SUB.JECT: Award Contract for Cambrian Avenue Sewer Replacement to COnSfrtA6f Gb Committee Meeting Date: ~oven~beT 12, 200S COUNCIL MEETING Date: November 19, 200S Department: Engineering Presenter: Michael Mecham Phone: 473-5288 SUMMARY: Sealed bids for construction of the project titled "Cambrian Avenue Sewer Replacement" were opened on November 6,2008. The engineer's estimate for construction ofthe project is $116,025.23. Jk bids were received for this project. Con.~flt,tq- Co was the lowest responsive, responsible bidder with a bid of $ 88 4 {q. a4- (including sales tax). J ATTACHMENTS: 1. Council Summary; 2. Aerial Photo; 3. Bid Tabulation. FISCAL IMP ACTS (Include Budgeted Amount): This project is funded by the wastewater fund. The 2008 budget for the Cambrian Sewer Repair is $200,000 and is part of the 2008 Substandard Sanitary Sewer Main Replacement. APPROVALS: /' / DEPARTMENT DIRECTOR: ~,~. CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT: ~ CONSENT AGENDA ~ GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to award a contract in the amount of $ 88/ 4/tt. ;l ~ (including sales tax) with Con <;tr/Ac,+ r 1) for construction of the project titled "Cambrian Avenue Sewer Replacement" and authorize the Mayor to finalize and execute the necessary contract documents for construction. / COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action COUNCIL SUMMARY CAMBRIAN AVENUE SEWER REPLACEMENT Contract Summary The sanitary sewer system in Cambrian Avenue from 13th Street north to approximately mid-block is failing. This is an existing 12-inch concrete line compromised by hydrogen sulfide gas which has "eaten" the top 2/3's of the line from the inside and there are significant voids present in the line. This contract would remove and replace this line with a new PVC line which is impervious to the gas and this type of damage. This project consists of removing a portion of the existing street, excavating down to and removing the existing line, installing the new line and reattaching laterals from the residences, importing new fill, repairing the street, providing traffic control and other work, all in accordance with the Contract Plans, the Special Provisions, and the Standard Specifications. ebn,siYud Co with a bid in the amount of $ was the lowest responsive, responsible bidder ~R. 11'1. ).1 (including sales tax). Fiscal Summary The engineer's estimate for this project is $116,025.23 and is funded by the 2008 Wastewater Fund Budget under Substandard Main Replacement. Cambrian A venue Sewer Replacement Council Summary November 2008 a l{) ,II ,;j -J G C/) EXHIBIT FOR CAMBRIAN AVENUE SEWER REPLACEMEN" 13TH TO 15TH STREET CITY OF BREMERTON 11j08 - G.F.jS.J. CAMBRIAN AVENUE SEWER MAIN REPLACEMENT Enaineer's Estimate Construct Co. RV & Associates George Dooley Const. MaDlewood Const. ITEM NO. DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST PREPARATION 1 MOBILIZATION L.S. 1 $9.712.50 S9.7I2.50 $13.923.80 S13.923 80 $6.500.00 S6.100 00 $3,790.00 S3.7'J{UW $16000.00 ~ i t.3Jf10 00 2 REMOVING ASPHALT CONC. PAVEMENT S.Y. 240 $10.00 S2.400.00 $8.00 SI.920 00 $7.25 S1.740 00 $9.25 S. 21000 57.00 SI.ulill (Jl) 3 SAW CUTTING LF 560 5200 51,120.00 SI40 S784.00 S187 SI,047,20 S490 52,7<<.00 S2.00 $].12000 SURFACING 4 CRUSHED SURFACING BASE COURSE TON 30 $35.00 SI,OIO.OO $25.90 S77700 $45.00 S1.310 00 $80.00 SHOO.OO $22.00 5660 ou ASPHALT CONCRETE PAVEMENT 5 HMA CL. 1/2", PG 64-22 TON 81 $110.00 S8,91O.00 $107.20 S8,683.20 $233.00 S18,873 00 $192.00 SII.112oo $91.00 $7,371,00 SANITARY SEWER 6 PVC SANITARY SEWER PIPE 12~n DIAM. L.F. 270 $90.00 $24,300.00 $29.50 S7,961 00 $48.20 SI3,014oo $95.70 $25.819.00 $17 00 \4 'i90 on 7 STRUCTURE EXCAVATION CLASS B INCL. HAUL C.Y. 512 $35.00 $17,920.00 $18.35 S9.391.20 $29.50 SII,I04 00 $15.10 S7,H120 $41.00 $20 ~4:!Jj'J 8 SHORING OR EXTRA EXCAVATION CLASS B S.F, 3,456 $4.00 $13,824.00 $1.70 SI.875.20 $0.50 S1.728 00 $1.12 S3,870 72 $3.50 S12.0% fjO 9 BANK RUN GRAVEL FOR TRENCH BACKFILL C.Y. 725 $25.00 $18.125.00 $29.85 S2 1.64 1.25 $18.20 S13,195.00 $15.48 SII.2.!3 00 S26.00 SIli K5U no 10 SIDE SEWER CONNECTION EACH 8 $100.00 $800.00 $261.50 S2.09200 $180.00 SI,WI.OO S285.00 S2.2tW 00 $450.00 S3.60n 00 11 BY-PASS PUMPING L.S. 1 $10,000.00 $10,000.00 $2,049.60 S2.049.6O $8,889.00 S8,889 00 $8,690.00 $8,690.00 53.500.00 'B,5(1)O{) EROSION CONTROL AND PLANTING 12 TEMPORARY WATER POLLUTION/EROSION CONTROL L.S. 10 $1,000.00 SI,OOO.OO $2,382.00 'S2.382 00 $500.00 SIOO,oo 53,125.00 S3,12500 $500.00 S5/}Q,OlJ 13 TESC PLAN L.S. to $500.00 SIOO.OO $511.30 Sill 30 $150.00 SilO 00 $1,150.00 SLI:SO.OO $500.00 5500.00 TEMPORARY TRAFFIC CONTROL DEVICES 14 TEMPORARY TRAFFIC CONTROL L.S. 1.0 $5,000.00 S5,OOO.00 $2,905.50 $2,90110 $1.880.00 SI,880.00 $1,395.00 51,395.00 52,000.00 S2.0QO 00 OTHER ITEMS 15 SPCC PLAN L.S. I $500.00 SIOO 00 $511.30 Sill 30 $150.00 SIIO.OO $1.465.00 $1.465.0U 5500.00 $5(1001..1 16 MINOR CHANGE CALC. I $1.00 SIOO $1.00 S1.00 $1.00 SIOO $1.00 SUR) $1.00 $IOU Total $1151&2.50 $11417.35 $15 5&1.20 $93 475.92 $93 960.00 State Retail Sale Taxe 8.6% $9 903.91 $7 001.19 $7 351.2& $1 031.93 $8 080.56 Total $125 0&&.41 saI419.24 $92919.4& $101 514.15 $102040.5& CII)' olBr.:mcrtun B,d 7 ahu/allOn CambTliAl! .A,,~'nut' Se"K'l!T }tfam J !'(j.,2UfJ8 CAMBRIAN AVENUE SEWER MAIN REPLACEMENT Pape & Sons Les Russell Const. Northwest Cascade Stan Palmer Const. ITEM NO. DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST PREPARATION 1 MOBILIZATION L.S. I 59,700.00 59,70000 520,000.00 S20,OOO.00 510,000.00 SIO.OOO.oo 55.000.00 $5,000.00 2 REMOVING ASPHALT CONC. PAVEMENT S.Y. 240 53.75 S900 00 $4.50 51.080.00 510.00 52;100.00 59.00 S2..1hU 00 3 SAW CUTTING LF 560 $4.60 52,57600 SUO $616.00 52.00 51.120.00 S2.00 SI.120 00 SURFACING 4 CRUSHED SURFACING BASE COURSE TON 30 521.00 $630.00 575.00 52.150.00 525.00 575000 $45.00 SL3SU.0<1 ASPHALT CONCRETE PAVEMENT 5 HMA CL. 112", PG 64-22 TON 81 5155.00 512,555.00 5210.00 517.010.00 5137.00 511.09700 5120.00 S9.nn.()(l SANITARY SEWER 6 PVC SANITARY SEWER PIPE 12-10 DIAM. L.F. 270 5103.50 527,945 00 570.00 518.900.00 $40.00 510,800 00 5100.00 S27,000 GO 7 STRUCTURE EXCAVATION CLASS B INCL. HAUL C.Y. 512 518.00 59.11600 52.75 51,408.00 512.00 $6, L44 00 520.00 SIO.:!40 00 8 SHORING OR EXTRA EXCAVATION CLASS B S.F. 3,456 51.00 53,45600 50.50 SL728.00 50.50 51.72800 52.00 $6.9] 2./10 9 BANK RUN GRAVEL FOR TRENCH BACKFILL C.Y. 725 524.00 517.40000 516.25 511.78125 530.00 $21.750.00 520.00 S14500 no 10 SIDE SEWER CONNECTION EACH 8 5460.00 53,680.00 5800.00 56.40000 5725.00 55,800 00 51 000.00 S8 000 00 11 BY.PASS PUMPING L.S. 1 53,335.00 $3,335.00 $6,400.00 $6,400.00 519,500.00 $19.500 00 57.000.00 S7,00lJ.00 EROSION CONTROL AND PLANTING 12 TEMPORARY WATER POLLUTION/EROSION CONTROL L.S. 1.0 51,000.00 51,000 00 52,500.00 52,500.00 51,300.00 51,300.00 55,000.00 S5.0fJO.Oo 13 TESC PLAN L.S. 1.0 5285.00 5285.00 5250.00 5250.00 53,700.00 S3,700.oo 5300.00 $30<)00 TEMPORARY TRAFFIC CONTROL DEVICES 14 TEMPORARY TRAFFIC CONTROL L.S. 1.0 52,236.00 52,236 00 56,400.00 $6.400 00 51,800.00 $1.&00.00 $3,000.00 S3,OHO 00 OTHER ITEMS 15 SPCC PLAN L.S. 1 5285.00 $285.00 5250.00 $250.00 5250.00 $25000 5300.00 $300 no 16 MINOR CHANGE CALC. 1 51.00 $1.00 51.00 $1.00 51.00 $100 $1.00 SJ 00 Total 595 200.00 $96974.25 $91140.00 $101 603.00 Sta"" Retail Sa" Taxa 11.6% $1187.20 $8339.79 $1440.04 $1 737.86 Total $103317.20 $105314.04 $106580.04 $110340.16 llty of Bre11It'rton BIJ 1 abulalUm Cambnl.lft A venue' Sewer Mom ! 1,6/2(j08 CAMBRIAN AVENUE SEWER MAIN REPLACEMENT Rodarte Const. Nor Tec Const. Peninsula Civil Slead LLC Sound Excavation ITEM NO. DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST PREPARATION 1 MOBILIZATION L.S. I 510.165.68 510.165.61 510,000.00 510.000.00 59.500.00 59,500.00 $6,787.55 $6,787_65 $11.000.00 ~i J.!,o\J 00 2 REMOVING ASPHALT CONC. PAVEMENT S.Y. 240 $2.50 5600.00 56.00 51.44000 $12.00 52.180.00 53.23 S775.10 $5.50 SU2I1JI(J 3 SAW CUTTING LF 560 $150 $140.00 51.50 $14000 53.00 51,61000 5095 SSJ100 SO )0 5Z&0.00 SURFACING 4 CRUSHED SURFACING BASE COURSE TON 30 534.00 $1,020.00 518.50 555500 575.00 52.250 00 $42.36 S1.270 liD $49.00 51.47000 ASPHALT CONCRETE PAVEMENT 5 HMA CL. 1/2". PG 64-22 TON 81 5180.00 514,580.00 5175,00 514,175.00 5105.00 58,5(J~.(J{) $186.99 SJ~.I46_19 $114.0ll '$9234.00 SANITARY SEWER 6 PVC SANITARY SEWER PIPE 12-io DIAM. L.F. 270 5180.00 548,600.00 593.62 525,277.40 $115.00 531,050.00 5111.69 $30.15630 $60.00 S [b,20a.on 7 STRUCTURE EXCAVATION CLASS B INCL. HAUL C.Y. 512 52.00 51,024.00 $19.00 $9.728.00 520.00 510.240.00 515.36 S7,164 :n $9.75 \4.9Y:! 00 8 SHORING OR EXTRA EXCAVATION CLASS B S.F. 3,456 50.10 5345 60 $4.25 514.688 00 51.75 56.048 00 $0.52 S1.142.72 53.00 SHl.3t.I!..OO 9 BANK RUN GRAVEL FOR TRENCH BACKFILL C.Y. 725 $16.00 511,600.00 $18.50 513.412 50 $17.00 512.32500 $19.25 513 956.25 $25.30 $11l.,4250 10 SIDE SEWER COfolfolECTION EACH 8 $400.00 53,200 00 51,000.00 58,000.00 $600.00 54,100.00 $694.12 $7.15296 $2,000.00 ~16.UOO-')O 11 BY-PASS PUMPING L.S. 1 55,000.00 55,000.00 $2,SOO.Oll $2,500.00 511,SOO.00 511,500.oo $20,426.57 $20,426.57 $17.500.00 SI7,~(}O.iJO EROSION CONTROL AND PLANTING 12 TEMPORARY WATER POLLUTION/EROSION COfolTROL L.S. LO 51,000.00 51,000.00 $1,500.00 51,500.00 $500.00 5500.00 $1.882.24 SI,&32 H $3,000.00 S3.rmo.OO 13 TESC PLAN L.S. 10 5250.00 5250.00 $500.00 5500 00 $500.00 550000 $611.39 $61139 $1.000.00 SI.OUOOO TEMPORARY TRAFAC CONTROL DEVICES 14 TEMPORARY TRAFFIC CONTROL LS. LO $4,000.00 54,000.00 $1,500.0ll 51.50000 $6,0ll0.00 56,000.00 $3,056.75 53.056.76 $5,000.00 $5.00000 OTHER ITEMS 15 SPCC PLAN L.S. I $200.00 5200.00 $500.00 5500.00 $500.00 5500 00 $511.39 S611 3~ $1 000.00 51.000 [)O 16 MINOR CHAfolGE CALC. I $1.00 5LOO $1.0ll 5100 $1.00 5LOO $1.00 5100 $1.00 $100 Tolal $102426.2' $104 616.90 $10' 279.00 $112 J73.74 $116707.50 Slale Retail Sa" TOll.. '.6% $' '08.66 5' 997.05 $9 J11.99 $9664.14 $10 OJG.&5 Tolal $111234.94 $113613.95 $117 590.99 $122037.&& $126744.35 ell} o/BrcmftrfOn Bid 7 ab1d<11lOn (umbnan A\cnue- Sou:r MaIn lJ,6.'lO(;8 CAMBRIAN AVENUE SEWER MAIN REPLACEMENT Johansen Excavatina Riverton Contractors Celtic Concrete ITEM NO. DESCRIPTION UNIT QUANTITY UNIT COST TOTAl COST UNIT COST TOTAL COST UNIT COST TOTAl COST PREPARATION 1 MOBILIZATION L.S. I $20,000.00 520,000.00 $7.000.00 57,000.00 $9,000,00 59.000 00 2 REMOVING ASPHALT CONC. PAVEMENT S,Y, 240 $11,00 52.640.00 $7,10 SI,704 00 $20,00 S4 JiOO 00 3 SAW CUTTING LF 560 5250 51,400.00 5270 51,512.00 51000 $5.600.00 SURFACING 4 CRUSHED SURFACING BASE COURSE TON 30 $35.00 51.05000 $29.00 $870 00 $90.00 $2.700.0f! ASPHALT CONCRETE PAVEMENT 5 HMA CL. 112', PG 64-22 TON 81 $195,00 $15,795.00 $195.00 $15,795.00 $150,00 S12.150 00 SANITARY SEWER 6 PVC SANITARY SEWER PIPE 12-<n DIAM. L.F, 270 $55.00 514,85000 $155,30 541,931.00 $225,00 $60,7>0.00 7 STRUCTURE EXCAVATION CLASS B INCL. HAUL C.Y. 512 $25.00 512,80000 $31.00 S15,872.00 $50.00 525.600 OU 8 SHORING OR EXTRA EXCAVATION CLASS B S,F, 3,456 $1.00 53.456.00 $7.00 $24,192.00 $3.00 $10.368.00 9 BANK RUN GRAVEL FOR TRENCH BACKFILL C.Y, 725 $27.00 519,575.00 $31.50 $22,837 50 $30,00 521.75000 10 SIDE SEWER CONNECTION EACH 8 $550.00 54,400.00 $2,700,00 $21.600 00 $1,250.00 5Jo.000 00 11 BY-PASS PUMPING L.S, 1 $11,000.00 $11,000.00 $6,200.00 $6,200.00 $10,000.00 $10,000.00 EROSION CONTROL AND PLANTING 12 TEMPORARY WATER POLLUTION/EROSION CONTROL L.S. 1.0 $2,000,00 52,000 00 $350.00 $35000 $2,000,00 $2.000.0(J 13 TESC PLAN L,S, 1.0 $1,500,00 $1,500 00 $500,00 $500.00 $2,000,00 52,000.00 TEMPORARY TRAFFIC CONTROL DEVICES 14 TEMPORARY TRAFFIC CONTROL L.S, 1.0 $5,500,00 55,50000 $1,450.00 $1,450.00 $4,000.00 $4,000,00- OTHER ITEMS 15 SPCC PLAN L.S, 1 $1,500,00 51.500.00 $500.00 5500.00 $3,000,00 S3.OUfl.OO 16 MINOR CHANGE CALC, I $1.00 51.00 $1,00 5100 $1.00 51.00 Total $117 467.00 $162314.50 $113 719.00 Slate Retail Sale TaD 18.6l<. $10102.16 $13 959.05 $15799.83 T olaJ $127569.16 $176 273.55 $199 518.83 Of): ofBremert(m B:J fab,,/w1wn ('ambTl.mA\.'en&lC Sewer .Yam 1 Jl6'200fi LJ^ It SUBMITTED: November 03,2008 BILL # AGENOA BILL CITY OF BREMERTON CITY COUNCIL 08-~S-S Sir ........................................................................................ SUBJECT: Ordinance No. . 5 oG_~ 'lPproving the Voluntary Separation and Reduced Work Week Program Committee Meeting Date: November 12, 2008 COUNCIL MEETING Date: November 19,2008 Department: Financial Services Presenter: Laura S. Lyon Phone: 473-5722 SUMMARY: Staff recommends that the City Council approve a voluntary separation and reduced work week program in concert with the approval of the 2009 budget. This program would give City Departments the option to offer incentives to employees who voluntarily separate from employment, either through retirement or resignation where such separation would provide a quantifiable cost savings to the City. This program would also offer the option for employees to voluntarily reduce their work week schedule to 32 hours from 40 - again for the purposes of providing cost savings to the City. Participation in the program would be entirely voluntary and would be subject to approval of the Department Director (subject to review and approval of the Director of Financial Services, Human Resources Manager, and City Attorney) and conditioned upon execution of a written agreement between the City, the employee, and respective labor union or guild as applicable acknowledging the terms and conditions of the program as implemented. A TT ACHMENTS: Ordinance and attachment NO. So <0 S FISCAL IMP ACTS (Include Budgeted Amount) This program provides the potential for additional personnel cost savings. Participation in the program is voluntary and requires mutual agreement. There must be quantifiable cost savings to the City or the request will not be approved. There is currently not enough information to estimate potential participation. APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: ,_. CONSENT AGENDA D?( GENERAL BUSINESS D COMMITTEE CHAIR COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve Ordinance No. 5o~~ approving the Voluntary Separation and Reduced W ork Week Program. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action ORDINANCE NO. 5o~ 8 AN ORDINANCE of the City Council of the City of Bremerton, Washington, approving the Voluntary Separation and Reduced Work Week Program. WHEREAS, in an effort to accommodate budget constraints, City Council desires to give departments the option to offer incentives to employees to voluntarily separate from employment, either through retirement or resignation; and WHEREAS, City Council also desires to give departments the ability to offer employees the option to voluntarily reduce their work week schedule; and WHEREAS, the proposed incentives will expire on March 31, 2009; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Voluntary Separation and Reduced Work Week Program attached hereto as Exhibit A is hereby approved. SECTION 2. Severabilitv. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of ,2008 WILL MAUPIN, Council President Approved this day of ,2008 CARY BOZEMAN, Mayor Voluntary Separation and Reduced Work Week Program ATTEST: CAROL ETGEN, City Clerk PUBLISHED the EFFECTIVE the ORDfNANCE NO. day of day of APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney ,2008 ,2008 R:\Legal\Lcgal\Ordinances\Finance\ Voluntary Separation Ord.doc 2 Voluntary Separation and Reduced Work Week Program Ordinance No. Exhibit A CITY OF BREMERTON VOLUNTARY SEPARATION AND REDUCED WORK WEEK PROGRAM This program gives city departments the option to otTer incentives to employees to voluntarily separate from employment, either through retirement or resignation. City departments also may otTer employees the option to voluntarily work a reduced work week schedule. I. GENERAL PARAMETERS OF THE PROGRAM Purpose In an effort to accommodate budget constraints, the voluntary separation and reduced work week programs ("voluntary program") aim to reduce salary costs and FTE levels and make more etTective use of human resources while maintaining city services to its citizens. Labor Agreements Participation for employees covered by a collective bargaining agreement depends on the provisions of that agreement and approval of the respective labor union or guild. Availability The voluntary program is available through March 31, 2009. Requests for participation in this program must be made by March 31, 2009. Management Tools The voluntary program is a management tool, not an employee right. No employee shall have a contractual right to an incentive offered through this program. Participation and Eligibility Participation in the program is entirely voluntary. To be minimally eligible for the voluntary separation or the reduced work week program, an employee must have regular, full-time status and be a non-probationary employee. City Approval Participation is subject to the employee's department director or designee and subject to the review and approval of the Director of Financial Services, the Human Resources Manager and the City Attorney. Approval Criteria City Approval is subject to consideration of the following criteria: . Retention of adequate levels of skilled, talented workers in needed occupations and locations. . Retention of positions, occupations, and skills that are critical to achieving the department's mission and priorities. : · Reduction of supervisory levels and overhead positions. Page 1 of 4 Ordinance No. Exhibit A . Difficulty or cost of replacing employees with particular skill requirements or in certain locations. . Potential disruption due to the overall loss of experienced workers. . Overall cost of the program. . The voluntary program shall not be targeted on the basis of individual or personal factors. Final approval for any employee utilizing this program is conditioned upon execution of a written agreement between the city, the employee and respective labor union or guild as applicable acknowledging the terms and conditions of the program implemented. Unemployment Compensation Employees accepting a voluntary separation are ineligible for unemployment compensation. Repayment Following a separation payment, any employee who returns to city service within five years (as an employee or contractor) must repay the separation payment. An exception to this provision may be granted, provided the department seeking to hire the former employee has sought and gained approval from the Director of Financial Services and the Mayor prior to the date of hire. Exceptions granted to this provision may require partial repayment of part of the incentive on a pro-rata basis. Effect on Retirement System V oluntary separation options cannot propose or require changes to current pension statutes, and cannot increase pension contribution rates. A separation payment must be a lump sum. It is subject to applicable withholdings, but is not considered income for retirement (average final compensation) purposes. II. VOLUNTARY SEPARATION PROGRAM Program concept and Goals The voluntary separation program gives departments the option to consider an employees request to voluntarily separate from city employment through either retirement or resignation. The program aims to reduce salary costs and FTE levels, as well as to facilitate redeployment, reorganization, and other efforts to make more effective use of human resources. This is not an early retirement program. It is not to be used to target employees on the basis of individual or personal factors. Voluntary separation must result in cost savings to the city. Basic Provisions . V oluntary separation shall not be targeted on the basis of individual or personal factors. . V oluntary separation will be subject to the terms and conditions of labor agreements as applicable. . Employees choosing to utilize the voluntary separation option will sign a form indicating that their decision to participate is entirely voluntary and that they fully understand the re- employment and other restrictions. , . The request must result in a quantified on-going savings to the city. Page 2 of 4 Ordinance No. Exhibit A . If the request results in a position vacancy, the position will not be eliminated however it must be vacant for at least one (1) year unless otherwise approved by the City Council. . If the requested separation results in a position with a reduced work schedule due to int1lling and other reassignments resulting in quantified on-going savings, the savings from the change must be realized for one year unless otherwise approved by the City Council. · Union employees will receive a lump sum payment pursuant to the formula set forth in BMC 2.50.090 as if an "at will" employee as outlined below The employee shall receive severance pay upon separation based upon years of employment with the City of Bremerton as follows: . through 2 full years of employment, 2 months severance pay · through 5 full years of employment, 2.5 months severance pay · over 5 years of employment, 3 months severance pay . In order to provide an incentive for management and professional staff, such employees will receive a lump sum payment pursuant to the formula set forth in BMC 2.50.090 as would normally be provided to them upon severance plus one additional month's compensation. III. VOLUNT ARY REDUCED WORK WEEK PROGRAM Program concept and Goals The voluntary reduced work week program gives departments the option to consider an employees request to voluntarily reduce their work week schedule to 32 hours per week. The . program aims to reduce salary costs, retain experienced workers, as well as to facilitate redeployment, reorganization, and other efforts to make more effective use of human resources. Basic Provisions · The voluntary reduced work week shall not be targeted on the basis of individual or personal factors. · The voluntary reduced work week will be subject to the terms and conditions of labor agreements as applicable. · Employees choosing to accept a voluntary reduced work week will sign a form indicating that their decision to participate is entirely voluntary and that they fully understand the restrictions. · If an employee voluntarily accepts a 32 hour work week, the position will remain authorized as a full time 40 hour per week position. · If an employee voluntarily accepts a reduction in work hours to a 32 hour work week, the employee cannot reinstate the 40 work week schedule for one (I) year unless otherwise approved by the Mayor. Thereafter, the employee has the right to reinstate the 40 work week schedule at any time. The City can reinstate the 40 hour work week schedule at any time when it is in the best interests of the City. · Upon acceptance of a reduced work week, the employees pay, vacation and sick leave Page 3 of 4 Ordinance No. Exhibit A and other benetits related to hours worked are reduced accordingly. Medical, dental and vision (if applicable) benefits are not reduced. The employee's retirement is also affected due to the reduction in hours worked. R:\Legal\Legal\Ordinances\Finance\Voluntary Separation and Reduced Work Week Program. doc Page 4 of 4 DATE SUBMITTED: October 15, 2008 BILL # 08 ... .;1.3b AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5M ........................................................................................ No. 3071 SUBJECT: Resolution approving Phase I of the East Park Final Plat. Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: October 22, 2008 Novemaer 5, 20m~ DCD Nicole Ward 473-5279 Nov, 1<1' SUMMARY: The action before City Council is to approve Phase I of the East Park Final Plat. The Council previously took action on this project by approving the East Park Sub Area Plan through Ordinance 4962 in January of2006. Preliminary Plat approval was granted by the Administrative Hearings Examiner in June of 2006 for the subdivision of 48 acres into 454 housing units. This proposal will grant final approval for 86 lots, associated open space tracts and Right of Way. The applicant has met all ofthe conditions of the Preliminary Plat approval for this phase and therefore the City Engineer and Community Development Director are recommending Final Plat approval. ATT ACHMENTS: (1) Proposed Resolution granting Final Plat approval for Phase I (2) Staff Memorandum with map FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: I COMMITTEE CHAIR l' L.' COUNCIL PRESIDENT. ..-// P'- CONSENT AGENDA ,P( GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to pass Resolution No. 3071 approving Phase I of the East Park Final Plat and authorizing the City Council President to sign the mylar. COUNCIL ACTION: OApprove D Deny D Table o Continue 0 No Action RESOLUTION NO. 3071 A RESOLUTION of the City Council of the City of Bremerton, Washington, approving Phase I of the East Park Final Plat (File No. BP08-00095). WHEREAS, on January 18,2006 the City Council passed Ordinance No. 4962 granting approval of the East Park Sub-Area Plan, and WHEREAS, On June 2, 2006 the Administrative Hearings Examiner gra,nted Preliminary Plat approval after holding an open record public hearing to divide 48 acres into 454 housing units, and WHEREAS, Phase I of the East Park Final Plat includes 86 lots with associated open space tracts, and Rights of Way, and WHEREAS, all applicable conditions set forth in the Preliminary Plat approval have been met and Final Plat approval is requested; WHEREAS, the City Engineer and DCD Director recommend approval of Phase I of the East Park Final Plat, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Phase I of East Park Final Plat as represented by the schematic drawing in Exhibit A is hereby approved. SECTION 2. The City Council President is hereby authorized to sign the Mylar. SECTION 3. Severability. If anyone or more sections, subsections, or sentence 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. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. day of PASSED by the City Council of the City of Bremerton, Washington this_ ,2008. WILL MAUPIN, Council President 1 Phase I of East Park Final Plat APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney CAROL ETGEN, City Clerk R:\Lcgal\ Lcgal\Rcsollltions\Commllnity Dcvelopmcnt\Eastpark Phase I Final Plat.doc 2 Phase I of East Park Filial Plat Exhibit A ..... en co LU 1------ ! North 1 C COI -I ~I 'en I COI &1 -CI COI a.. i .'1' , c l( . i CJ Phase I 8 oundary /" '-"--. DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM To: City Council Nicole Ward, City Planner October 15, 2008 From: Date: Subject: Final Plat Approval for Phase I of East Park SUMMARY: The action before Council is the Final Plat Approval for a portion of the East Park Plat as shown in Exhibit A of the Resolution. This phase includes 86 lots with associated open space tracts and Rights of Way. City Council approval will allow the separation of lots, which will enable the developer to apply for building permits to construct homes as outlined in the East Park Sub Area Plan. The proceeds from this portion of the project will help to fund the other phases of the East Park. BACKGROUND INFORMATION: The East Park Sub-Area Plan was approved by City Council with Ordinance 4962 on January 18, 2006. Attachment I is a concept sketch from the Sub-Area Plan showing the intended design of the project. Following the Sub-Area Plan the project received Preliminary Plat approval on June 2, 2006. This approval stipulated that final approval would be granted only when specific conditions were met these conditions primarily related to infrastructure improvements. The Engineering and Planning Departments have reviewed this phase of the plat and agree that the conditions applicable to the phase have been met. Staff finds this portion of the plat ready for recording and therefore recommends that this phase of the Final Plat be approved. PROCESS: Final Plat Approval is a quasi-judicial process that is primarily to ensure the project has met the conditions established by the Preliminary Plat Approval prior to allowing the development to move forward into the building permit stage. It is important to note that as a quasi-judicial action it is necessary to ensure that the "Appearance of Fairness Doctrine" is met. Council members should refrain from having personal interactions with the project developer. ATTACHMENTS: · Attachment I - Sub-Area Plan Concept Plan East Park Sub Area Plan Adopted By City Council 1/2006 Ordinance No. 4962 Attachment II DATE SUBMITTED: November 5~ 2008 BILL # __Q, B -:_~~0 AGENDA BILL CITY OF BREMERTON LA CITY COUNCIL V ........................................................................................ SlJBJECT: Professional Engineering Services with COM (Camp Dresser & lv1cKee) to Perform a Biogas Vehicle Fuel Study. Committee Meeting Date: November 12, 2008 COUNCIL MEETING Date: November 19, 2008 Department: PW & U Presenter: Phil Williams Phone: 473.5755 SUMMARY: The City operates two mesophilic anaerobic digesters as part of its biosolids handling system at the Westside WWTP. The digesters yield a steady flow of the high energy product, biogas. Under our current operating conditions, a portion of the biogas is captured and utilized as boiler fuel for plant and digester heating. The remaining biogas is flared with no beneficial end use. We have recognized the value of the biogas as a renewable energy source and would like to initiate a Vehicle Fuel Study to evaluate the potential for converting biogas to a vehicle fuel. ATTACHMENTS: 1.) Council Summary, 2.) Professional Services Agreement, 3.) Exhibit A: Scope of Work, 4.) Exhibit B: Task Hours and Description. FISCAL IMPACTS (Include Budgeted Amount): $30,000 is available in the 2008 Engineering Wastewater Operations fund under the professional services budget. APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: ,/ ) COMMITTEE CHAIR COUNCIL PRESIDENT: ] (-;t {t>. CONSENT AGENDA D GENERAL BUSINESS ~ PUBLIC HEARING D RECOMMENDED MOTION: Move to approye the Professional Engineering Services with CDM in the amount of $30,000.00, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: D Approve 0 Deny 0 Table D Continue 0 No Action Council Summary Professional Services Agreement with Camp Dresser McKee (COM) to Perform a Biogas Vehicle Fuel Study Wastewater treatment plants produce significant quantities ofbiogas. The use of the biogas differs from plant to plant. In the case of Bremerton's Wastewater Treatment Plant a portion of the biogas is used as boiler fuel. The remainder of the biogas is flared or burned and released into the atmosphere. With the high cost of fuel Public Works and Utilities staff feel there is a potential to use this source of energy. Staffhas negotiated a contract with CDM to perform a study to determine the economic and technical feasibility ofbiogas use for vehicle fuel. If this is feasible City vehicles could easily and economically be converted to use this source of energy. It is anticipated that other than the capital cost this could be in essence a free source of fuel. PROFESSIONAL SERVICES AGREEMENT Professional Engineering Services to Perform a Biogas Vehicle Fuel Study The City of Bremerton ("City") and Camp Dresser & McKee (COM) ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional serVices: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated November 19,2008, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.G. of 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. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in section IX (A) 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 $30,000.00. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit B 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 frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit B. 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 B. 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. Bremerton/COM Biogas Vehicle Fuel Study Page 1 of 6 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 City's employees and other Consultants. None of the benetits 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 SPECIFICALLY AND EXPRESSLY UNDERSTOOD THA T THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS 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. BremertonlCD M Biogas V chicle Fuel Study Page 2 of6 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. Before begilming 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 (XCD) if applicable; and employer's liability; and 3. 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 right 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 primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. Bremerton/CDM Biogas Vehicle Fuel Study Page 3 of6 VB. 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 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 already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from 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 Seattle, 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. 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 of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Seattle, Washington. 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. E. 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. BremertonlCDM Biogas Vehicle Fuel Study Page 4 of6 F. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. G. Modification: This Agreement may only be modified by written instrument signed by both Parties. H. 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: Pat Coxon WWTP Mgr 1600 Oyster Bay Ave S Bremerton, W A 98312 Consultant Address: Cale McPherson CDM Project Engineer 1218 3rd Avenue, Suite 1100 Seattle, W A 98101 I. 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. J. N on- 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. K. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. L. 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. M. 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. N. 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, disability, or sexual orientation except for employment actions base'd on bona tide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, ternlinated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the Bremerton/CDM Biogas Vehicle Fuel Study Page 5 of6 other Party substantially fails to perform through no fault of the terminating Party, and the non- perfom1ing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-perfom1ing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work cun'ent 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. 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 termination, 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. CITY OF BREMERTON CONSULTANT By: its: Date: By: its: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk BremertonlCDM Biogas Vehicle Fuel Study Page 6 of6 CONI 12183" Avenue, SUite 1100 Seattle, WA 98101 tel: 206336-4900 fax: 206 223-2340 Professional Engineering Services to Perform a Biogas Vehicle Fuel Study Exhibit A Scope of Work Overview The City of Bremerton operates two mesophilic anaerobic digesters as part of its biosolids handling system at the Westside Wastewater Treatment Plant (Bremerton WWTP). The anaerobic digestion process yields a steady flow of the high energy product, biogas. Under current operating conditions, a portion of the biogas is captured and utilized as boiler fuel for plant and digester heating. The remainingbiogas is flared with no beneficial end use. The City has recognized the value of its biogas as a renewable energy source and has initiated a Vehicle Fuel Study to evaluate the potential for converting biogas to a vehicle fuel. To generate fuel the City will require a system that can remove the non-methane portion of the biogas and compress and dispense the product gas at 3,000-3,600 psi. The compressed product gas is referred to as biomethane or renewable natural gas (RNG) and can be used interchangeably with compressed natural gas (CNG). The purpose of this document is to provide a scope of work for that study. The Biogas Vehicle Fuel Study will consider current plant operating conditions including existing infrastructure and equipment, biogas production, and vehicle fuel demands to identify biogas vehicle fuel alternatives. One alternative will be developed to include the cost for construction including the biogas treatment and fueling infrastructure. The findings of this study will be conveyed to the City in a Technical Memorandum and a final Biogas Vehicle Fuel report. This Scope of Work is organized into the following tasks: Task 1 - Project Management 1.1 Kick-off Meeting 1.2 Work Plan Development 1.3 Monthly Status Reporting CDNI Task 2 - Biogas System and Alternatives Identification 2.1 Data and Information Collection/ Analysis 2.2 Biogas System Description and Availability 2.3 Public Works Vehicle Fleet Description 2.4 Preliminary Vehicle Fuel Alternatives Identification 2.5 Draft Biogas System and Vehicle Fuel Alternatives Teclmical Memorandum Task 3 - Biogas Vehicle Fuel Report 3.1 Planning Level Vehicle Fuel Alternative Development 3.2 Planning Level Cost Estimate 3.3 Draft Biogas Vehicle Fuel Report 3.4 Final Report Meeting 3.5 Final Biogas Vehicle Fuel Report Task 1- Project Management The CDM Project Manager (PM) will be the point of contact for communications between the City, CDM Engineering specialists and CDM subcontractors. The PM will coordinate the work of the team and provide progress reports. Upon receipt of Notice-to-Proceed, CDM's PM will work with the City to plan a kick-off meeting at the Bremerton WWTP. To minimize travel time and project costs, a plant site visit will be scheduled to coincide with this meeting. If practical, some data collection may also take place at this time. Task 2 - Biogas System and Alternatives Identification This task involves gathering and assimilating the existing biogas-related information from the Bremerton WWTP to identify operational, structural, mechanical, and space limitations of the biogas system. This information will include production and flaring rates, quality and pressure of the gas, and pipe material and diameters. As part of this task, information regarding the Public Works vehicle fleet will be collected including vehicle types, fuel demand, fuel economy, and assigned location. Based on the biogas system and vehicle fleet information CDM will identify biogas vehicle fuel alternatives for the Bremerton WWTP. The plant operating conditions and biogas system, the vehicle fleet, and the identified vehicle fuel alternatives will be summarized in a Draft Technical Memorandum. 2.1 Data Collection/Analysis - The following information will be collected from the City: . Biogas System/Plant Information o Process Flow Diagrams (P&IDs) and Record Drawings · Biogas · Natural Gas 2 CONI o Plant Site Plan (in AutoCAD format if available) showing biogas and natural gas piping systems o Biogas Quality (heat value, composition) o Equipment Information · Boilers (capacity, hours, thermal efficiency, burner type, configuration, heat demand) · Biogas Treatment (type, operation, maintenance costs) · Digesters (size, operation, % solids, SRT, VSR, loading rate, heat demand) . Vehicle Fleet Information o Bremerton WWTP Vehicles and Public Works Vehicles · Vehicles (make, model, year, assigned location) · Fuel Demand (daily, monthly, yearly demand, fuel economy) . Growth Projections (if revised since Comprehensive Plan) o Current plant service population o Estimates of future plant service population . Financial Information o Natural gas billing invoices for at least one calendar year o Natural gas rate schedules o Economic parameters · Economic period · Discount rate (gross, inflation, net) · Labor rates (equipment maintenance) As part of the kick-off meeting CDM will perform a plant site visit and a visual inspection of the facility including operating conditions and physical space constraints. 2.2 Biogas System Description and Availability - The biogas system will be evaluated to facilitate the identification of biogas vehicle fuel alternatives. Based on current operations as well as the anticipated growth and demand, the biogas available for vehicle fuel will be quantified. Current biogas production including average and peak production will be estimated based on industry standard guidelines and CDM experience. This information will be used to size the treatment and fueling system and to identify the requisite characteristics of the vehicle fleet. Vehicle production will be provided in gasoline gallon equivalents (GGE) per day. 2.3 Public Works Vehicle Fleet Description - To ensure that the biogas fueling system meets the needs of the Bremerton WWTP and the City, information will be collected on the existing vehicle fleets. Vehicles that can be modified to utilize RNG will be identified with relative costs provided. Vehicle fleet information will also be used to determine the need for and the size of gas storage facilities. 2.4 Preliminary Vehicle Fuel Alternatives Identification - Vehicle fuel alternatives will be 3 CDM identified and qualitatively evaluated prior to developing a single altemative to the planning level. Altematives will investigate types of gas storage (upstream, downstream of treatment, low pressure, high pressure), types of gas treatment (pressure swing adsorption, molecular sieve, water column) and connection with U1e natural gas utility. Three altematives will be identified and described. The altematives will be qualitatively evaluated and a recommendation will be made for development to the planning level. 2.5 Draft Biogas System and Vehicle Fuel Alternatives Technical Memorandum - The findings of this task will be summarize in a Draft Technical Memorandum for the review of the City prior to the development of a single altemative and the completion of the final report. Assumptions Data and information regarding the plant operations is readily available from the City, including recent and accurate biogas testing data. CDM will post the information to the project eRoom setup under Task 1. City Responsibilities The City will maintain communication with CDM and provide available data and information at the project kick-off meeting or shortly thereafter. The City will provide the information in electronic format. A consolidated single set of City comments will be provided to CDM on the draft technical memorandum, Biogas System and Vehicle Fuel Alternatives within two weeks of receipt. Deliverables . Draft technical memorandum, Biogas System and Vehicle Fuel Alternatives (approximately 7 pages) Task 3 - Biogas Vehicle Fuel Report 3.1 Planning Level Vehicle Fuel Alternative Development - The biogas vehicle fuel option selected under Task 2 - Biogas System and Alternatives Identification will be developed to the planning level under this task. As part of the development, a process flow diagram and a site plan will be generated, vendor quotes will be fielded for major process equipment, a materials list will be developed and a brief operations narrative will be written. 4 CONI 3.2 Planning Level Cost Estimate- Based on the planning level design, a cost estimate of the identified alternative will be developed by CDM's construction and cost estimating division. 3.3 Draft Biogas Vehicle Fuel Report - A draft Biogas Vehicle Fuel Report will be written to summarize the findings of this study. The report will consolidate the Biogas System and Vehicle Fuel Alternatives memorandum and the planning level design of the selected alternative into a single document with an executive summary and conclusion. The document will be approximately 20 pages long. 3.4 Final Report Meeting - A meeting will be held with the City and CDM. CDM's Project Manager and Project Engineer will be in attendance. During the meeting the findings of the study and appropriate next steps will be discussed. 3.5 Final Biogas Vehicle Fuel Report - A final version of the Biogas Vehicle Fuel Report will be developed to include the discussion of the Final Report Meeting and the City comments. Assumptions The vehicle fuel alternative will not require the development of a tie-in or wheeling agreement with the Natural Gas utility. City Responsibilities A consolidated single set of comments will be provided to CDM on the draft Biogas Vehicle Fuel Report within two weeks of receipt. Deliverables: . Draft Version, Biogas Vehicle Fuel Report (approximately 20 pages). . Final Report Meeting agenda one week prior to meeting. Meeting minutes one week after the Final Report Meeting. . Final Version, Biogas Vehicle Fuel Report. CDM will provide five (5) hard copies and three (3) electronic copies of the Final Report on a CD in Adobe .pdf format to the City. 5 Exhibit B to Agreement between Owner and Engineer City of Bremerton Westside Wastewater Treatment Plant Hours Estimate: Biogas Vehicle Fuel Report Staff : Janelle i Cale I ' .. . R.()!le~_.L_McPhllrsol1j Principal In i PM/Project ' Charge , Engineer i Suu67 :32 rf.-30~15T CDM Richard ! Mojgan I Christine _M.llgl.e!_._l__M()i.niu__L Me.r.ri!l. ._ Dave Parry CADD Contract' Admin & QAlQC , Admin : Coord. 27:S0TS---2S:6ST$ 18.75 -$ 91.35 Michael i ~~"~lls.1 Project Role: Houri Rate: Graphics I SU-3S:50! S Total WBA Ed 'C~r!1b<!~h . Project Engineer . $ 215.00 6 i 61 31 2 4 2, .i Task 2 - Bio as 5 stem and Alternatives Descri tion Data and Information Collection/Analysis Blogas System Description and Availability Public Works Vehicle Fleet Description Preliminary Vehicle Fuel Alternatives Identification Draft Bio as S stem and Vehicle Fuel Alternatives TM ~~;'1!Ifi.\r~1*,i~~tVi: 10! .. ---I 8' ~jiru ..1.6 i 16: ,otalil'loiifS l;i,)!;:i,\?;$ir~O ~~l!~dl!62 '-.bPtrc.oiiti ~$~~~ F-$I$'~;869j jJ __ ___ ___ _1.__._ __ 21 2; u .m~! ..__ ! 3 2 Total Hours Total Labor Costs $ 10 914 Total Direct Labor 178.4% overhead allowance of direct labor: 28% professional fee of direct labor' ODC Travel: Outside Professional (WBA - Ed Fernbach): Outside Professional (CCI - Cost Estimating): 2.5% other direct cost of direc labor: TOTAL 16 7 10 (l:;''fli'~:iJtlt1:'lj-33'i ~1lW~!fj(075~ 2 34 7 34 14 14 ~~lf,',,'EJ.'(;~t;103 ~$f_,r.'i1"1;19~ 2 $ $7,130 $12.721 $1.997 $1.157 $6,235 $582 $178 $30,000 6 '~~~;;it~.j;~~16 ~$'((~'\"1~aO~ 3 4 ,~;~~t1':;1:r!K17( *$;m~i)505f 4 1 3 6 2 i~1:e~'~~i~16 !$~3;'i1ifO~ 29 $ 6,235 207 7,130 [)\ fl. ~IB\111 11:1): ()c!(lher I 'i. ~()()H .\GE:\I>A BILL C11'{ or BRL\II.:rno:\ CITY COl ':\(,1 r. Illll. II 08._n-. J.. ~_7 66 ........................................................................................ SLB.JECT: Ordinanci.: :\0. .S:Q~_9___ LlIl1i.:ndi ng Raks and h:l?s fl)r .2()()l) and Cklpter .:U)I of the Bri.:mcrton \Iunkipal Code Commitki.: \kding DatI?: Cktober .29, :2008 cot. \iUI. \IIT IT\G Datc: \iO\emocr 19, .2008 Departmcnt: Finanl.:ial Services Prescnli.:r: Laura Lyon, Director Phone: J60-473-5712 SV~IMARY: In wnjunction \\ith preparation of the .2009 Proposed Budget, the administration is recommending that certain fees and rates found in Chapkr 3.0 I Rate Tables be amended. Specitically, Rate Table A - Financial Services proposes raising the "Not to Exceed" monthly parking garage rate and adding "scanning to electronic format" as chargeable on the copying fee schedule; Rate Table D - Police Department increases charges for accident reports, fingerprint cards, criminal history checks, false alarm fees, and anti-harassment order service fees; Rate Table E _ Fire Department increases the ambulance transport fees, setting active tirefighting rates as those established by the Washington Fire Chiefs Published Rate, and setting a timctrame tor second and third false alarm tees; Rate Table F - Parks and Recreation Department increases some fees tor facility rental rates, use of park facilities and athletic fields, senior citizen, adult and youth programs, the Ivy Green Cemetery and Gold Mountain Golf Course programs. ATTACHMENTS: Proposed Ordinance and Rate Tables. No j 50 "'f FISCAL IMP ACTS (Include Budgeted Amount): Increased rates and fees have been incorporated into the revenue forecasts for the 2009 Proposed Budget. APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: ~ // ) "'I - .. ~~;,,/// /<lr. . .. .~. ~~~-~ /~ i:"" --" COMMITTEE CHAIR COUNCIL PRESIDE!\iT: CONSENT AGENDA 0 GENERAL B(;SINESS~ PI 'BUe Hr:,\RI;,\;(j 0 RECO:\-IMEi\DEO "-IOTIO:\f: \1()\l~ to pass Ordinance \io. 5 O~ ~ amending Chapter J,()J urthe Brcmcrton \lunicipal Cude updating rates and kes for ~O(J9. COL:\CIl, ACTION: 0 .\pPlw..e 0 Deily 0 Table o Clll1tinue 0 \10 Actiull ORDIX\:\CE :\0. :50~l ..\~ ORDI~i:\:\CE or th~ City Council 01' thL: City 01' Brcl1lL:rton, Washington, aIll~nding ChaptL:r J,() I 01' thL: Br~lll~rtLln :Vll1nicipal Codc updating Financial SL:r\ic~s, PolicL: [)~partlll~nt. Fir\.? D~partlll~nt. and Parks & R~cr~ation rates and kes for 2009. \VHEREAS, the City Council desires to update the rates and feL:s for thL: YL:al" 2009; NO\V TH EREFORE, THE CITY COL'NCIL OF THE CITY OF BRE!\lERTON, \VASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Rate Tables Amended. Chapter 3.01 of the Bremerton Municipal Code is hereby amended by amending Rate Table A (Financial Services), Rate Table D (Police Department), Rate Table E (Fire Department), Rate Table F (Parks & Recreation) and as set forth in Exhibit A of this Ordinance. SECTION 2. Severa b ilitv. If anyone or more sections, subsections, or senknces of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of ,2008. WILL MAUPIN, Council President Approved this day of ,2008. CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: CAROL l:n;E~, City Clerk _. ~------ ----.- ------_._.~~------ --- ---~------ ROGER A. LLBOVICII, City Atlorn~y PC: BLISH ED the ___________ day of_____~___~_ m_____~_m______' 2008 EFFECTlv'E thL:__________day of____ _____ ___________ _____, 2()()8 ORDI:\:\:\CE .'i0. 1< I \'~'..I: I .';!al I ;"I.J:,llh..'\.'" J rl~:l!,,-'I: ~I,'()') l\ak' I ,1i)k~ 2111)() ~)rl,:i'al;I.,:I.,.' d~\...: 2009 Rates aJl(I Fees m'. r ~ ' .. .. j; ..- _" 'co.? ., _...." . ~ < ." -.,." .' "< . \', : Memorandum From: City Council (,J j 1'\ /1/ Laura Lyon, Director of Financial services/' Revisions to Miscellaneous Rate Tables - Follow-Up to Discussions at the Budget Workshop on Governmental Revenues (10/29/2008) To: Re: Date: November 10, 2008 The agenda bill and ordinance amending rates and fees for 2009 and Chapter 3.01 of the BMC was discussed at the October 29, 2008 budget workshop on Governmental Revenues. Staff committed to work on items noted in that workshop and to bring back revisions to the City Council at least a week prior to Council action (scheduled for November 19, 2008). The following changes have been made and incorporated into this final ordinance and supporting Tables: · Police Department - Rate Table 0 o 0.9 Mileage rate changed from $0.25/mile to "current business mileage rated allowed by the Internal Revenue Service" · Fire Department - Rate Table E o E.9 Sprinkler/Fire Alarm Plans changed from UBC or ICC** to "IFC Rates**" removing reference to the UBC and correcting the typo for the IFe rate. The footnote is also updated to strike out the reference to Uniform Building Code. · Parks and Recreation - Rate Table F At the Revenue Sources Budget session Council members brought forward several questions regarding: (1) maintaining priority access for high demand facilities for Bremerton residents; (2) increasing cost recovery from park system users that do not live within the city limits; (3) providing affordable Cemetery services for Veterans; (4) providing clear definition of age threshold for price breaks at various facilities; and (5) seek to standardize staffing fee for exceptional facility rental circumstances - including early set-up or events having over 250 people at the Sheridan Center. The following describes the adjustments made to the Parks rates and fees (Rate Table F) to accomplish those objectives. Page 1 of 3 Cemetery Services for Veterans The original Rate Table F proposal did not show a discount for Veterans. In discussion with the former Cemetery supervisor Veterans burials at Ivy Green have been rare since the opening of Tahoma National Cemetery which offers a minimal and in some instances free of cost service to deceased military veterans. Recognizing that some families may have a preference for internment in Bremerton, the revised fee schedule reduces the grave site, opening-closing, service and liner fees by 50% from the standard resident rates Access to Everoreen Park Shelter Rental for Bremerton Residents Bremerton residents have difficulty obtaining access in peak season. The approach to remedy this issue is a combination of granting Bremerton residents and Bremerton based groups the opportunity to reserve an Evergreen Shelter beginning on January 1 st of each year, with non-residents being waitlisted until February 1 st. The reservation preference will be noted in the Recreation Brochure, listed on the Parks portion of the City web page and with individual letters mailed to groups that rented Evergreen shelters in 2008. In addition to the reservation timing, non-residents who wish to rent a park shelter will be assessed a 25% surcharge over the Bremerton rate. Front line staff and Department management held discussions leading to this method of preserving access. Front line staff have found that if high rates for non-residents were used as a sole measure to insure access, outside groups would resort to rental under a group members name that has a Bremerton address. Recapture of Revenue From Non-Residents The original proposed Rate Table F included a 20% non-resident surcharge for non-residents to rent portions of a park, space at the Sheridan Center, Senior Center, park shelters, cemetery services, athletic fields and garden plots. The non-resident fee in these areas has been increased to 25% with this revision. As 2009 resident fee increases average 6% this non-resident fees represent an 11 % increase over the current year. Non-Resident Senior Center Membership The original proposed Rate Table F listed a $12.00 proposed non resident fee for 2009 ($11.50 in 2008). This has been increased to $16.00 in the revised rate table. As just over 40% of the Senior Center's current membership is comprised of non residents, a higher fee increase in a single year could result in displacement of some low income facility users. Variable pricing based upon income will be explored with the Senior Center support group, and Seniors Uncovering Money Solutions (S.U.M. S.). The 55 year age threshold for use of the Senior Center is now also listed clearly in the revised rate table. Costs For Additional Staffino of Laroe Groups Facilitv Rental The additional staffing fee has been revised to $15 per hour when additional staff hours are required for groups over 250 people or for extraordinary set-up or clean-up. Gold Mountain Senior Citizen Rates Gold Mountain senior discounts apply at age 62, the discount age limit is now noted at the beginning of section 5. Rate Table F which lists the Gold Mountain Golf fees. I hope we have adequately responded to the items discussed at the October 29th workshop. Staff will be available to answer any further questions you may have at the November 19th City Council Meeting. FINANCIAL SERVICES - RATE TABLE A All Rates Listed Are "Not To Exceed" Fees A. FINANCIAL SERVICES 1. REGULATORY LICENSE FEES RATE BMC 5.17 Charitable Solicitation Non-Profit Professional Fundraiser AJ\rUE N D Ej) $25/60 days $675/60 days $265/yr or $70/30 days $700/yr $100/yr $600+$65/mile to .1 0 of a mile BMC 5.22 Dance/Public BMC 5.96 Erotic Dance Studios Dancers BMC 10.24 Housemoving/Oversize Loads BMC 5.16 Mobile Food Vendor BMC 5.04 Petshops Grooming Parlors Animal Welfare Facilities $150/veh/yr $75/yr or $25/30days $150/yr $50/yr $50/yr BMC 5.16 Peddlers BMC 5.36 Special Events: Profit Non-Profit $675/event $70/event BMC 5.20 Street/Sidewalk Vendors $250/yr $400/30 days BMC 5.16 Temporary Merchant 2. BUSINESS LICENSE FEE RATE $65/yr BMC 5.02 3. PARKING On-Street Locations Not to Exceed $20/3 hrs $30/10 hrs Off-Street Location Not to Exceed $20/3 hrs $30/10 hrs RATE Not to Exceed $14 O/mo 160/mo Parking Garage Table A - A1 FINANCIAL SERVICES - RATE TABLE A All Rates Listed Are "Not To Exceed" Fees 4. UTILITY/LIEN SEARCH FEES Per Parcel $30/search per parcel 5. DOCUMENT REPRODUCTION FEES (Includina scannina to Electronic Format) Per Page - 8~ x 11, 8~ x 14 and 11 x 17 paper size (No fee for first 50 pages) $.15/pg Oversized Plans, Aerial Photos, Drawings, and Maps (Black and White) $10.00 $10.00 $3.50 $8/pg Audio or Video Tapes Computer Disks Certification Color GIS Plotted Maps $5/sq. ft. Other Documents: Medical Records Fees shall be pursuant to RCW 70.02.010(12) Budget (Hard Copy) (Electronic Version) Annual Report (Hard Copy) (Electronic Version) $50 $10 $25 $10 In addition to the above fees, each department may establish fees for records that do not fall into one of the above categories. Each department and the City Clerk shall have the department's fee schedule available for inspection upon request. 6. CHECK HANDLING FEE $40 Table A - A2 POLICE DEPARTMENT - RATE TABLE D All Rates Listed Are "Not To Exceed" Fees D. POLICE DEPARTMENT 1. TRAFFIC ACCIDENT REPORTS 2. FINGERPRINTS _1st Card Each Additional Card 3. CRIMINAL HISTORY CHECK 4. VERIFICATION LETTER FOR LOST OR STOLEN PROPERTY 5. PHOTO PRINTS (Per Set When in Possession of the Oept.) 6. LICENSES FOR DOGS AND CATS For Each Cat Spayed or Neutered (Upon Proof of Spaying or Neutering) For Each Dog Spayed or Neutered (Upon Proof of Spaying or Neutering) For Each Cat Not Spayed or Neutered For Each Dog Not Spayed or Neutered Senior Permanent Dog/Cat 7. ALARM COMPLIANCE FEE 1 st False Alarm in any 1 Quarter 2nd False Alarm in the same Quarter 3rd False Alarm in the same Quarter or Subsequent Alarms in a Calendar Quarter 8. SERVICE FEE FOR ANTI-HARASSMENT ORDER 9. SERVICE OF ARREST WARRANTS AND SUBPOENAS Arrest Warrant Subpoena Preparation of return of service Mileage (for each mile actually and necessarily traveled by a member of the Police Department in going to or returning from any place of service, or attempted service) RATE $1,.0010.00 $&-0010.00 $&-0010.00 $&-0010.00 $8.00 Actual Cost of Processing $7.50 $12.50 $37.50 $37.50 $12.50 $4Q.;.QQ60.00 $80.00 $160.00 $4Q.;.QQ50.00 $15.00 plus mileage $6.00 plus mileage $5.00 $0.25 per mHecurrent business mileaqe rate allowed by the Internal Revenue Service 3.01 - 01 FIRE DEPARTMENT - RATE TABLE E All Rates Listed are "Not To Exceed" Fees E. FIRE DEPARTMENT RATE 1. REGULATORY LICENSE FEES BMC 9.48 Fireworks Stands $100/stand/yr BMC 18.06 Ambulance Services Ambulance Inspections $60/veh 2. AMBULANCE TRANSPORT FEE ALS Residents $4W550 ALS Non-Residents $ew650 BLS Residents $d1M25 BLS Non-Residents $4W500 Mileage $910/mile 3. EMS SERVICE CALL TO ASSISTED LIVING, $100 After first response per LONG TERM CARE AND ADULT CARE quarter FACILITIES 4. FIRE RESCUE BOAT RESPONSE Resident $115 Non-Residents $200 5. HAZARD MATERIALS RESPONSE Rice Hull Ash Actual Cost per Bag Absorbent Pads Actual Cost per Bag 6. STAND-BY-TIME Per crew of 3 $98/hour Fire Engine - Crew of 4 $115/hour 7. ACTIVE FIREFIGHTING Fire Engine $123/hourWashinaton Fire Chiefs Published Rate* Aerial Ladder $205 IhourWashinaton Fire Chiefs Published Rate* 8. FALSE ALARM FEE $120 for second within precedina six month period $225 for 3 or more within precedina six month period 9. SPRINKLER/FIRE ALARM PLANS USC or ICCIFC Rates*: 10. FIRE WATCH $40.00/hour . * Washington Fire Chiefs Association Wage & Equipment Rates for the Washington State Fire Service ~*Uniform Building Code or International Fire Code 3.01-El PARKS RECREATION DEPT - RATE TABLE F All Rates listed Are "Not To Exceed" Fees F. PARKS AND RECREATION DEPARTMENT NON-RESIDENT FEE - BASE FEE PLUS ~25% 1. FACILITY USE RENTAL RATES Facility use policies apply. Appropriate taxes are included in rates unless otherwise noted. (a) SHERIDAN COMMUNITY CENTER - ROOM RENTAL RATES (Group A) NON-COMMERCIAL - Rental Rates Recreation and/or educational purposes only. Per hour, two (2) hour minimum Daytime (Monday - Friday: 8:00 AM to 5:00 PM) Lounge Room A, B, C, or Conference Room Gym Eveninas (Monday - Thursday: 5:00 PM to 10:00 PM) Lounge Room A, B, C Conference Room Gym Room Package (Lounge & Gym) Entire building - Up to eight (8) hours~ Additional st:)ff (par hour) Regular Groups (10 or more meetings a year reserved in advance) Friday Evenina (5:00 PM to 10:00 PM) & Saturday and Sunday Lounge Room A, B, C Conference Room Gym Room Package (Lounge & Gym) Entire building - Up to eight (8) hours~ Addition:)1 Gtaff (per hour) RATE $~8.00 $a..w6.00 $~18.00 $~18.00 $#:0012.00 $~14.00 $~23.00 $~35.00 $546.00579.00 $16.40 20% discount $~24.00 $#:0012.00 $~14.00 $~29.00 $43.7546.00 $546.00579.00 $16.40 3.01 - F1 PARKS RECREATION DEPT - RATE TABLE F All Rates listed Are "Not To Exceed" Fees (Group B) COMMERCIAL - Rental Rates Recreational and/or educational purposes only. Per hour, two (2) hour minimum Lounge Room A, B, C Conference Room Gym Room Package (Lounge & Gym) Entire Building - Up to eight (8) hours~ ^ddition:!1 8t:!ft (por hour) * Entire buildina rental for events with 250 or more participants reauires additional staffina fee at $15.00 per hour. (b) BREMERTON SR. CITIZENS CENTER - ROOM RENTAL RATES (Group A) NON-COMMERCIAL - Rental Rates Room Ront:!1 Feos pEer hour, two (2) hour minimum Cardroom/Meeting Room Main Room Kitchen Additional staffing per hour Entire Facility up to eight (8) hours (Group B) COMMERCIAL - Rental Rates Room Ront:!1 Foos pEer hour, (two) 2 hour minimum Cardroom/Meeting Room Main Room Kitchen Additional staffing per hour Entire Facility - Up to eight (8) hours RATE $~29.00 $~23.00 $~23.00 $43.7546.00 $+9.W81.00 $873.00925.00 $16.40 RATE $4&.00 17.00 $~34.00 $44-:-0012.00 $42.0015.00 $215.00228.00 $~34.00 $e4-:0068.00 $~24.00 $4&0015.00 $425.00450.00 3.01 - F2 PARKS RECREATION OEPT - RATE TABLE F All Rates Listed Are "Not To Exceed" Fees (c) JARSTAO AQUATIC CENTER (Group A) NON-COMMERCIAL - Rental Rates Private - Non-Profit Up to 50 participants St::lffing 51 - 100 101-150+ Per hr each ::Idded hour Per hr Per hr Gallery Team Deep Lanes Per hr per lane Shallow Lanes Per hr per lane Staffing Per hr as needed School Lessons Up to 35 students 36 - 45 students 46 - 55 students (Group B) COMMERCIAL - Rental Rates Commercial Per hr Deep Lanes Per hr per lane Shallow Lanes Per hr per lane Staffing Per hr as needed (d) PARK SHELTERS - RESERVATION FEES Four (4) hour sessions per reservation unless otherwise noted. Note: Shelter #4 is not resorv3blo. Use of shelter #4 is on ::I first come/first served b3Sis. P3rties who ha':e reserved the other Evergreen Park shelters m3Y not use shelter #-1 ::It the S3me timoBremerton residents may reserve park shelters beqinninq January 151 for the upcomin~ year. Non-resident reservations will be accepted beqinninq February 15.. (Group A) NON-COMMERCIAL - Rental Rates Evergreen Shelter 1 Evergreen Shelter 2, 3, 5, or 6 Evergreen Shelter 4 (not reservable, first come first served) Evergreen Ampitheatre with Amplified Sound Lions Park Shelter Upper NAD Lent Landing Gazebo RATE $eg.,oo72.00 $15.00 $mhOO85.00 $00-:0098.00 $+:w8.00 $~3.70 $~2.60 $4&:0016.00 $00,.QQ62.00 $~74.00 $MOO86.00 $~74.50 $~7.50 $~.90 $15.00 RATE $M-W58.00 $~29.00 no charge $10-1.00148.00 $38.25-10.00 $~23.00 $~29.00 3.01 - F3 PARKS RECREATION DEPT - RATE TABLE F All Rates Listed Are "Not To Exceed" Fees (Group B) COMMERCIAL - Rental Rates Evergreen Shelter 1 Evergreen Shelter 2, 3, 5, or 6 Evergreen Shelter 4 (not reservable) Evergreen Ampitheatre with Amplified Sound Lions Park Shelter Upper NAD Lent Landing Gazebo (e) PARK RESERVATION FEES Parks without shelters or misc. p::lrk ::lre::lsReserve portion of a park not havinq shelter. (f) SPECIAL EVENTS, CELEBRATIONS, WEDDINGS Louis Mentor Boardwalk Other parks (g) ATHLETIC FIELD - RESERVATIONS Per hour unless noted (Group A) NON-COMMERCIAL - Rental Rates (Group B) COMMERCIAL - Rental Rates Game Fee - Softball Game Fee - Soccer (h) BLUEBERRY PARK- PEA PATCH ANNUAL RATE Recre::ltion::ll purposes Non-commercial qardenino only. % plot (20' x 20') 1 plot (20' x 10')Seasonal (10 x 20) 1+ lot (20' x 50')Year Round (16 x 30) (i) LIONS TENNIS COURT LIGHTS 1 token (1 hour) 6 tokens (6 hours) RATE $3a,0087.00 $13.7516.00 no charge $156.00165.00 $~58.00 $~35.00 $43.7516.00 $~29.00 $218.50230.00 Reservation fee + $100.00 $~17.50 $~35.00 $~29.00 $42.0016.00 $19.75 $39.5040.00 $~50.00 $~1.75 $+M)8.00 3.01 - F4 PARKS RECREATION DEPT - RATE TABLE F All Rates Listed Are "Not To Exceed" Fees 2. (a) PROGRAM FEES & CHARGES NEW PROGRAMS (b) GLENN JARSTAD AQUATIC CENTER ADMISSIONS Youth (0-3 yrs.) Youth (4-17 yrs.) Adult (18-54 yrs.) Seniors (55 & up) Disabled Adult Fitness Senior Fitness Disabled Fitness Spod:)1 Public PUNCH CARDS Youth Youth Adult Adult Senior/Disabled Senior/Disabled Fitness/Lesson Fitness/Lesson Senior/Disabled Fitness Senior/Disabled Fitness 10 punch 20 punch 10 punch 20 punch 10 punch 20 punch 10 punch 20 punch 10 punch 20 punch PASSES Youth Youth Adult Adult Senior/Disabled Senior/Disabled 6 months 12 months 6 months 12 months 6 months 12 months SWIMMING LESSONS ParentIT ot Y outl1 Adult Private Semi-Private P:)rent Tot Family Lessons 30 min. 30 min. 30min 30 min. 30 min. 30 min. Family of 4 RATE See Section 3, subsection (a) NC $~3.00 $~3.50 $~3.00 $~3.00 $~3.50 $~3.00 $~3.00 ~ $~24.00 $44.0048.00 $~28.50 $a60057.00 $~24.00 $44.0048.00 $~28.50 $a60057.00 $~24.00 $44.0048.00 $118.00125.00 $230.00242.00 $140.00148.50 $272.00288.00 $118.00125.00 $230.00242.00 $3.50 $~.OO $4,.{}Q4.25 $440015.00 $~23.50 ~ $ro...oo74.00 3.01 - F5 PARKS RECREATION OEPT - RATE TABLE F All Rates Listed Are "Not To Exceed" Fees AQUATIC CENTER ITEMS FOR SALE Basic goggles Deluxe goggles Latex cap Ear plug Nose plug New sale items (includes Washington State Sales Tax) $&.006.50 $-140015.00 $4.00 $3.00 $3.00 not to exceed cost plus 75% RATE (c) ATHLETIC PROGRAM FEES VOLLEYBALL Co-ed (Fall & Winter) per team $250.00260.00 Men and Women (Spring) per team $250.00260.00 Open Gym (Oct. - June) per person $3.00 SOCCER Playor's fee per pl::lyer $42.00 BASKETBALL Men's League (Fall & Winter) per team $490.00520.00 Boy's League (Winter) per team $275.00260.00 SOFTBALL Men's League (Spring) per team $550.00560.00 Men's League - Players fee (Spring) per player $~21.00 Sunday Co-ed (Spring) per team $100.00388.00 Sunday Co-ed - Players fee (Spring) per player $4&-:00 16.00 Co-ed League (Fall) per team $460.00152.00 Co-ed - Players fee (Fall) per player $4MG16.00 Men's League (Fall) per team $426.00452.00 Men's League - Players fee (Fall) per player $4&-:0016.00 3.01 - F6 PARKS RECREATION DEPT - RATE TABLE F All Rates Listed Are "Not To Exceed" Fees TOURNAMENTS (SOFTBALL AND SOCCER) -- INVITA TIONAL TOURNAMENTS Lions - One Day Lions - Two Day Lions - Three Day Pendergast - One Day Pendergast - Two Day Pendergast - Three Day -- STATE TOURNAMENTS~ Lions - One Day Lions - Two Day Lions - Three Day Pendergast - One Day Pendergast - Two Day Pendergast - Three Day RATE $320.00330.00 $500.00525.00 $700.00 $390.00425.00 $685.00 $800.00 $470.00 $700.00 $800.00 $590.00 $780.00795.00 $Q50.00965.00 -~ Regional and National Tournaments will P3Y no Ices th3n 8t3tc fcce, but rates-cost to ~be negotiated dependina on field prep. Reauirements. 3. SENIOR CITIZEN CENTER AND RECREATION DIVISION PROGRAMS (a) PROGRAM FEE FORMULAS. Except for the Sr. Citizens Trip program, participant fees for activities (programs, classes, events, etc.) promoted by the Sr. Citizen Center and the Recreation Division are established by the following formulas: A. Activities when the instructor is on tA&City payroll. *Based on "Not-to-Exceed" rates [(Total class hours including preparation) x (Instructor's hourly wage) x (1.5 Administration factor)] divided by(minimum # of students per activity)] + (the cost of group supplies divided by minimum # of students) + Cost of individual class supplies, if applicable = Student class fee for City of Bremerton Resident. B. Activities whcn the inetructor is on contr3cttauaht by contracted instruction. *Based on "Not-to-Exceed" rates [(Price per student required by the Instructor less class supply fees) x (1.5 Administration factor)] + Class supply fees = Student class fee for City of Bremerton Resident. C. Non-Resident Fees for Recreational Proarams. For recreation classes, programs, swim passes and rentals - ranging from: $5.00 to $25.00 add on ~25% $25.01 to $50.00 add a flat $a..ooa.25 $50.01 to $100.00 add a flat $-UhG012.50 $100.01 to $200.00 add a flat $2Q,.OO25.00 $200.01 + add a flat $4G-:0O50.00 3.01 - F7 PARKS RECREATION DEPT - RATE TABLE F All Rates Listed Are "Not To Exceed" Fees (b) SENIOR.. CENTER ACTIVITIES (AGE 55+). P::lrticip~mts pay ::In annual momberE:hip foo rOE:ident or non resident in lieu of the 20% non residant r3te. Couples Membership is for two people, at least one needs to be 55 or better, who reside at the same address. Community Members Memberships are for Senior Living facilities who are interested in purchasing a group of tickets (10, 20 or more).Residency is based on where the Senor Living facility is located. Associate Memberships are for those individuals not yet 55 but still would like to participate in the programs, trips and classes offered at the Center. Senior Citizen - City Resident annual membership Senior Citizen - Non-Resident annual membership Senior Center - City Resident Couples annual membership Senior Center - Non-Resident Couples annual membership Senior Center - City Resident Associate annual membership Senior Center - Non-Resident Associate annual membership (c) SENIOR CENTER TRIPS 4. IVY GREEN CEMETERY - FEES AND CHARGES RATE RESIDENT (a) ADULT BURIAL Grave Site Opening/Closing Liner Oversize Liner (if required) Grave Side Service Preparation (optional) $917.00 $573.00695.00 $563.00695.00 $815.00897.00 $160.00350.00 (b) VETERANS PLOT Grave Site Opening/Closing Liner Oversize Liner (if required) Grave Side Service Preparation (optional) Stone Marker Setting Bronze Marker Setting $459.00 $573.00348.00 $563.00348.00 $815.00149.00 $160.00175.00 $101.00125.00 $104.00125.00 (c) INFANT BURIAL Infant Plot in Babyland $221.00295.00 RATE $~6.00 $4-=hW16.00 $~11.00 $24-:-0028.00 $9..W10.00 $~20.00 RATE actual costs plus 25% RA+E NON RESIDENT $1,100.00 $688.00 $675.00 $978.00 $191.00 $688.00 $675.00 $978.00 $191.00 $125.00 $125.00 $269.00 3.01 - F8 PARKS RECREATION DEPT - RATE TABLE F All Rates Listed Are "Not To Exceed" Fees Opening/Closing Liner Grave Side Service Preparation (optional) RATE RESIDENT $348.00695.00 $245.00395.00 $160.00350.00 (d) DISINTERNMENT Removal & opening of new site Site Purchase Liner Removal (only) Cremation Removal $1,199.001.295.00 $917.00 $541.00695.00 $788.00867.00 $191.00211.00 (e) ADDITIONAL BURIAL COSTS 2 hr. max. 4 hour max. $160.00176.00 $a 19.00351.00 (f) LINERS Adult Infant Cremation Vault (2 piece) Oversize Liner (if required) $563.00695.00 $245.00270.00 $131.00695.00 $815.00897.00 (g) OPENING AND CLOSING Adult Infant (Babyland) Urn Interment (per urn) $573.00695.00 $318.00695.00 $131.00120.00 (h) BURIAL SITES Adult Infant (Babyland) Infant (any site not in Babyland) $917.00 $221.00295.50 $917.00 (i) INURNMENT Vault Opening/Closing Grave Side Service Preparation (optional) Second Right of Inurnment $131.00395.00 $131.00120.00 $160.00350.00 $218.00240.00 0> DISURNMENTS Urn $191.00210.00 (k) RAISE GRAVE $128.00141.00 (I) MARKER SETTING FEES 5" x 8" bronze plus tax 4" x 12" x 2" x 3" plus tax $-77{)Q25 0 . 00 $~300.00 RA+e NON ReSIDENT $418.00 $294.00 $191.00 $1,438.00 $1,100.00 $652.00 $959.00 $230.00 $191.00 $384.00 $675.00 $294.00 $157.00 $978.00 $688.00 $118.00 $157.00 $1,100.00 $269.00 $1,100.00 $157.00 /$157.00 $191.00 $262.00 $230.00 $154.00 $92.00 $100.00 3.01 - F9 PARKS RECREATION DEPT - RATE TABLE F All Rates listed Are "Not To Exceed" Fees 8" x 16" x 2" x 3" 1 0" x 20" x 2" x 3" 12" x 24" x 2" x 3" 12" x 24" bronze 12" x 36" x 2" x 3" 14" x 36" x 2" x 3" plus tax plus tax plus tax plus tax plus tax plus tax RATE RESIDENT $~383.00 $QS.,OO375.00 $104.00450.00 $104.00475.00 $15J.00763.00 $158.001.363.00 RATe NON RIiSIDIiNT $105.00 $118.00 $125.00 $125.00 $18J.00 $190.00 5. GOLD MOUNTAIN GOLF COMPLEX (prices do not include sales tax) Golf Senior Rates applv at aae 62. (a) CASCADE COURSE RATE Friday 18 Holes Weekday 18 Holes * Weekday 2pm - 3pm Weekend/Holiday 18 Holes (3) Weekend 2pm - 3pm Weekday 9 Holes * Weekend/Holiday 9 Holes Weekday 9 Hole Continue* Weekend/Holiday 9 Hole Continue Twilight Weekday* Twilight Weekend/Holiday League Rate** Senior 18 Holes* Junior 18 Holes* Junior Twilight Weekend/Holiday All Day Monday - Tuesday Annual Pass Single Annual Pass Couple Annual Pass Family*** Annual Pass Sr. Single** Annual Pass Sr. Couple** Semi Annual Single - first ~ of year Semi Annual Single - second ~ of year Semi Annual Couple - first ~ of year Semi Annual Couple - second ~ of year Semi Annual Sr. Single** - first ~ of year Semi Annual Sr. Single** - second ~ of year Semi Annual Sr. Couple** - first ~ of year Semi Annual Sr. Couple** - second ~ of year Senior Punch Card** (2) Regular 20 Rnd Punch Card Regular 10 Rnd Punch Card $~37.00 ~34.00 $~28.00 $39.0041.00 $~32.00 $~25.00 $~28.00 $~10.00 $15.00 $~24.00 $~27.00 $20.00 $~29.00 $13.00 $14.00 $~59.00 $1,600.001.980.00 $2,600.003.360.00 $2,400.002.800.00 plus $200.00 per junior $1,100.001.320.00 $1,800.002.160.00 $800.00850.00 $850.00900.00 $1,300.001.400.00 $1,350.001.450.00 $550.00575.00 $575.00625.00 $900.00950.00 $950.001.000.00 $200.00210.00 $480.00500.00 $260.00270.00 3.01 - F10 PARKS RECREATION DEPT - RATE TABLE F All Rates Listed Are "Not To Exceed" Fees Junior 10 Rnd Punch Card Low Income Sr. Punch Card** **** (2) Monthly TwiliQht Pass (7 days a week) Corporate Pass* (2) Daily Priyate Cart Shotgun Tournament (Not To Exceedj18 Hole Green Feel...!.1.2 Military Pass (100) no tax $90.00 $90.00 $99.00 $2,300.00 $17.00 $~75.00 $2,200.002.300.00 * Monday through Thursday ** Not for Saturday, Sunday or Holiday *** From June through September, juniors may only play after 11 a.m. on weekends and holidays **** Age 62 & up with household income < $18,000. RCW 71.38.070 1. A reduced rate, not less than the current twi-light rate, may be offered with the approval of the Director of Parks & Recreation 2. May be used for twilight any day of the week including Holidays 3. Saturday, Sunday or Holiday (May - September Not to Exceed Rate) (b) OLYMPIC COURSE RATE Friday 18 Holes Weekday 18 Holes* Weekday 2pm - 3pm Weekend/Holiday 18 Holes (2) Weekend 2pm ~ 3pm Weekday 9 Holes* Weekend/Holiday 9 Holes Weekday 9 Hole Continue* Weekend/Holiday 9 Hole Continue Twilight Weekday* Twilight Weekend/Holiday Junior Twilight Weekend All day Monday - Tuesday League Rate** Senior 18 Holes* Junior 18 Holes* C3sc:Jdo P:Jssos .^,nd Punch C3rds Shotgun Tournament (Not To Exceed 18 Hole Green Fee) (J~) Weekend Early Bird Weekday Early Bird Pass Plus Annual Pass $46.0047.00 $42.0043.00 $34:0035.00 $00:0061.00 $44.00 $~27.00 $3a-:0O36.00 $26.00 $35.00 $~26.00 $27,.0028.00 $20.00 $58.00 $20.00 $~37.00 $23.00 $13.00 $7G-:-OO 100.00 $47.0048.00 $~34.00 $~13.00 2.340.00 * Monday through Thursday ** Not for Saturday, Sunday or Holiday 3.01 - F11 PARKS RECREATION OEPT - RATE TABLE F All Rates Listed Are "Not To Exceed" Fees **** Age 62 & up with household income < $18,000. RCW 71.38.070 1. A reduced rate, not less than the current twi-light rate, may be offered with the approval of the Parks & Recreation Director. 2. Saturday, Sunday or Holiday (May - September Not to Exceed Rate) 3.01 - F12 DATE SUBMITTED: October] 7.2008 BILL # 08-~5B AGENDA BILL CIT'{ OF BREMERTON CITY COUNCIL (,C, .....................................................m.................................. SUBJECT: Ordinance No.?07Dadopting 2009 Utility Rates and General Facilities Charges and Amending BMC Chapter 15.06. Committee Meeting Date: November 10. 2008 & Budget Worksho2:l_ COUNCIL MEETING Date: November 19,2008 Department: PW &U Presenter: Phil Williams Phone: 473-5315 SUMMARY: The proposed ordinance amends assessments, fees, rates, and charges set forth in Appendix A of Section 15.06.015 of the BMC to incorporate the consumer price index increase of 5.8% in water, wastewater, and stormwater charges and implement a 2.2% increase in General Facilities according to the Seattle Constmction Index. A TT ACHMENTS: Ordinance No. 5070 FISCAL IMP ACTS (Include Budgeted Amount): The proposed rate increases are built into the proposed 2009 budget. ....."'" ~ --.q...~ ~'", // ),1 / l" If () APPROVALS: /. ,./;/ /;1--1// DEP ARTMENT DIRECTOR:_.::::":~:::" ?f' />?'--;;?:"'C-i>i.:~~~,<.~) CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: -------- COMMITTEE CHAIR COUNCIL PRESIDENT: ~ONSENT AGENDA 0 GENERAL BUSINESS g PUBLIC HEARING ~ RECOMMENDED MOTION: Move to pass Ordinance No.5070_ adopting new utility rates and General Facilities charges effective January 1, 2009 and amending Bremerton Municipal Code Chapter 15.06. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action ORDINANCE NO. 5070 AN ORDINANCE of the City Council of the City of Bremerton, Washington amending Appendix A of Section 15.06.015 of the Bremelion Municipal Code relating to assessments, rates, fees, and charges for municipal water, wastewater, and stOl111\vater services establishing new rates for all categories to implement a 5.8% CPI increase in water, wastewater, and st0D11water charges. And further implementing a 2.2% increase in General Facilities according to the Seattle Construction Index. WHEREAS, the City Council desires to amend the rates, fees, and charges set forth in Appendix A of Section 15.06.015 of the Bremerton Municipal Code to implement the consumer price index increase pursuant to BMC 15.06.015(b); and WHEREAS, the City Council desires to increase General Facilities charges using the Seattle Construction Index in accordance with BMC 15.06.015(b); NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Appendix A of Section 15.06.015 ofthe Bremerton Municipal Code is hereby amended to read as stated in Exhibit A attached hereto, and incorporated herein by reference, establishing new rates for all categories for 2009. SECTION 2. Section I of this Ordinance shall be effective January 1, 2009. The rates currently in effect as set forth in Appendix A of Section 15.06.015 on the date of adoption of this Ordinance shall remain in effect until January 1, 2009. SECTION 3. Severabilitv. If anyone or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 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. PASSED by the City Council the day of ____ ,2008 WlLL MAUPIN, Council President 2009 Utility Rates Approved this day of ________________, 2008 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2008 ,2008 R:\Legal\Legal\Ordinances\Public Works & Utilities\2009 Rate Ordinance.doc 2009 Utility Rates Appendix A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE JANUARY 1, 2lHI8 .JANUARY 1, 2009 \Vithin City Limits Outside City Limits GENERAL FACILITY CHARGES \Vater (per [VIeler Size) 5:'8" x 3/4" I" I 1/2" '"l" $-M.S-1J:f4 S 2,511.UO $----2-;4S+.00 S 2,511.00 ., $ 0, I II .00 $ 0,270.00 ~~ $ 6,27000 It 12,2~HOO $ 12,55400 $ 12,2~4.()4 $ 12,554.00 "' $ 19,652()() $ 20,084.00 $ 19,652.00 $ 20,084.00 Calculated based on usage Calculated based on usage $ 3,719.00 $ 3,80 l.OO $ 3,719.00 $ 3,801.00 $ 997.00 $ 1,019.00 WA N/A Greater HuUl 2" Wastewater (per ERlJ) Stonnwater (per ISU) CONNECTION/INSPECTION FEES Water Connection Fees 5/8" x 3/4" 1" 1 1/2" 2" $ 1,850.00 $ 1,957.00 $ 2,775.00 $ 2,935.50 $ 1,993.00 $ 2,109.00 $ 2,989.50 $ 3,163.50 $ 3,127.00 $ 3,308.00 $ 4,690.50 $ 4,962.00 $ 3,971.00 $ 4,201.00 $ 5,956.50 $ 6,301.50 Actual Time & Materials 150% of Actual Time & Materials $ 1.19 $ 1.26 $ 1.79 $ 1.89 $ '112.00 $ 468.00 $ 663.00 $ 702.00 $ 583.00 $ 617.00 $ 875.00 $ 926.00 $ '19.00 $ 52.00 $ 14.00 $ 78.00 $ i9.00 $ 52.00 $ 14.00 $ 60.00 $ 291.00 $ 308.00 $ 437.00 $ 354.00 $ 1.61 $ 1.70 $ 2.'12 $ 1.96 $ 351.00 $ 371.00 $ 527.00 $ 427.00 $ 583.00 $ 617.00 $ 875.00 $ 710.00 $ 49.00 $ 52.00 $ 14.00 $ 60.00 Greater than 2" Field Inspection Fees Water main extensions (per foot) but not less than: PWllp Station Miscellaneous (per hour) Wastewater Connection Fees Lateral COlmection at PIL Lateral Connection at Main Conveyance Facility Ext. (per Foot) but not less than: Pump Station Miscellaneous (per hour) 1 of 8 Within Outside City Limits City Limits RETAIL WATER SERVICE RATES Ciencral Service - lvlonthly Service Charge 1\dcler Size 5/X x 3/4 inches ~-------9---9-~ ..; 10.53 <i: 11.93 $ 15.XO "r 1 inch ~ 11.}.1- S 12.(13 <i: 1+.+14 $ lX.05 ,.J I 1/2 inch S 16.1G $ ] 7.10 $ 24.24 $ 25.65 2 ll1ch ~ 21.71 $ 22.97 $ 32.57 S 34.4G 3 inch ~ 4 l.l ') $ 43.5~ <i: 61.79 'i: G5.37 , ,,' " 4 inch $ 7700 $ ~ 1. 00 $ 116.UO $ 122.00 6 inch $ 272.00 $ 2X~.00 $ 'IOg.OO $ 432.00 8 inch $ 9'}400 $ 1,052.00 $ 1,'191.00 $ 1,578.00 ] 0 inch $ 3,516.00 $ 3,752.00 $ 5,319.00 $ 5,62~.00 12 inch $ 13,332.00 $ 14,105.00 $ 19,99S.00 $ 21,l5~00 Residential Commodity Charge (per HCF) 0- 10 HCFlMonth $ 1.0& $ 1.14 $ 1.62 $ 1.71 Over 10 HCFitvlonth $ 1.21 $ 1.28 $ 1.&2 $ 1.92 Non - Residential Commodity Charge (per HCF) $ 1.17 $ 1.24 $ 1.76 $ 1.86 Fire Protection - MontWy Service Charge Service Size 1 inch $ 16.95 $ 17.93 $ 25.43 $ 26.90 1 1/2 inch $ 25.51 $ 26.99 $ 3&.27 $ 40.49 2 inch $ 33.17 $ 35.09 $ 49.76 $ 52.64 3 inch $ 36.55 $ 38.67 $ 5U3 $ 58.01 4 inch $ 39.&'! $ 42.15 $ 59.76 $ 63.23 6 inch $ 4972 $ 52.60 $ 71.5& $ 78.90 8 inch $ 66.1& $ 70.02 $ 99.27 $ 105.Q3 10 inch $ 93.00 $ 98.00 $ 140.00 $ 147.00 12 inch $ 132.00 $ 140.00 $ 19&.00 $ 210.00 Conunodity Charge (per HCF) $ 2.33 $ 2.48 $ 3.50 $ 3.72 - For Usage Other Than Firefighting Low-Income Senior and Low-Income Disabled Citizen - MontWy Service Charge Base Charge (per account) $ 9.95 $ 10.53 $ 14.93 $ 15.80 Commodity Charge 0- 5 HCFlMonth No Charge No Charge 5 - 10 HCFiI\1onth $ 1.0S $ 1.14 $ 1.62 $ 1.71 Over 10 HCF/Month $ 1.21 $ 1.28 $ 1.&2 $ 1.92 Temporary/Constmction Meter 1 " Meter Deposit $ 150.00 $ 150.00 Base Fee (per month) $ 11.37 $ 12.03 $ 17.06 $ 18.05 Set Up Fee $ 106.00 $ 106.00 Hydrant meter (3" Meter) Deposit $ 1,000.00 $ 1,00000 Base Fee (per month) ~ 11.19 S 43.58 !;- (,1.79 $ G5.37 Set L;p Fee $ 10G.OO $ 10G.OO Equipment Loss/Damage Actual Time & Materials 150% of I\ctual Time & Materials Commodity Charge (per lICF) " 1.17 $ 1.24 $ 1.76 $ 11\6 ...J 2 of 8 RETAIL WATER SERVICE RATES (cont'd) City Parks and Recreatiun Dcpt. - Jrrigatiun Commodity (:hargc (per Her:) 3 of 8 'Vithin City Limits !f,-------j:lo-,W S Outside City Limits ()()2 i Within Outside City Limits City Limits RETAIL WASTEWATER SERVICE RATES Monthly Service Charge Single Family Base Charge (per account) $ 29.55 $ 31.26 $ 33.9& $ 35.95 Commodity Charge (per RCF) $ 3.96 $ 4.19 $ 4.55 $ 4.82 Duplex on 1 Meter or 2 Bldgs on 1 Meter Base Charge (per unit) $ 23.40 $ 24.76 $ 26.91 $ 28.47 Commodity Charge (per RCF) $ 3.96 $ 4.19 $ 4.55 $ 4.82 Multi - Family Base Charge (per unit) $ 23.40 $ 24.76 $ 2e.91 $ 28.47 Commodity Charge (per RCF) $ 3.96 $ 4.19 $ 4.55 $ 4.82 Commercial I Base Charge (per account) $ H6g $ 46.21 $ 50.23 $ 53.14 Commodity Charge (per RCF) $ 4.0& $ 4.32 $ 4.69 $ 4.97 Commercial II Base Charge (per account) $ 44.43 $ 47.01 $ 51.09 $ 54.06 Commodity Charge (per RCF) $ 6.39 $ 6.76 $ :.35 $ 7.77 Commercial III Base Charge (per account) $ 44.00 $ 46.55 $ 50.eO $ 53.53 Commodity Charge (per RCF) $ 5.23 $ 5.53 $ 6.01 $ 6.36 Low-Income Senior and Low-Income Disabled Citizen Base Charge (per account) $ 1&.33 $ 19.39 $ 21.0& $ 22.30 Commodity Charge (per RCF) 0-5 RCF/Month No charge No charge Over 5 RCF /Month $ 3.96 $ 4.19 $ 4.55 $ 4.82 Septage Disposal (per gallon oftank capacity) $ 0.22 $ 0.23 $ 0.22 $ 0.23 Leachate Per Gallon of Tank Capacity $ 0.10 $ 0.11 $ 0.10 $ 0.11 40fB RETAIL STORMW A TER RATES \'Iollthly Servicc Charge Rc~idel1tiall (Single Family/Duplex) l3a~e Ch;u'ge (per account) L:xception: Duplex with :: i\'kter~ (per account) Residential JI Base Charge (per rSU) ,. 50'!;;, of the Ba~e Charge Residential III Base Charge (per ISU) + 100'% of the Base Charge Commercial r Base Charge (per ISO) Commercial II Base Charge (per ISU) + 50% ofthe Base Charge Commercial III Base Charge (per ISU) + 100% of the Base Charge Public School Districts (per account) Low-Income Senior and Low-Income Disabled Citizen Base Charge (per accOlmt) Multi - Family & Commercial Rate Adjustment Water Quality (per ISU) Water Quantity (per ISU) Stormwater Penalty New Multi - Family & Commercial development without on-site detention Charge (per ISU) Within City Limits Outside City Limits $ X (I:;' $ ~ 50 0!/A $ 4Q~ $ 4.::~ N/1\ $ I 2 ,(8- $ 12.75 N/1\ $ IG()G $ 17.00 N/A. $ 8.03 $ 8.50 N/A $ 12.05 $ 12.75 N/A $ IG.OG $ 17.00 N/A $ 8.03 $ UO N/A $ 4.91 $ 5.19 N/A $ 0.89 $ 0.94 N/A $ 2.68 $ 2.84 N/A $ 1.79 $ 1.89 N/A IM.PROPER STORl\fW"A~ TER INFLO'N RATES The follO'.ving rate:; are establdled for Improper StormY/ater Inflow, ba~,ed upon the Gtonnwater ISLT for each lot and adju~,ted annually on the following ~chodule: EFFECTI',TE D,A~TE May 1, 2002 May 1, 2003 ~.'l(1Y 1, 2002 1\1(11' 1, 2003 May 1, 2004 May 1, 2005 RA+E 25% Stormwuter Fee for Property 50% StormY/ater Fee for Property 25'% S:ormwater Fee for Property 50'% Stormwator Pee for Proporty 75% Etomlwater reo for Property I UO'!<, Stonmvater Fee ror Property ,\ller \'Iay 1,2005, :he Improper ~:tormwater InJlow Rffie-Willromain at 1.4m';, ofthe S'.orrnwator P'ee--l.ffi..a property ltHtt':;~B1ttef~:KltAe4Bytfle.-Gi.ty-Council .J.:J.te-~e:: ::hnll be depo::it<:d iIt4e-Wa::t<:water fund (ciS I). 5 of 8 MISCELLANEOUS FEES AND CHARGES Park Reservation Fee (nlm-refIUJdabk) Office Service, 0iew Account (includes water turn-on) Account Maintcnance Past Due Notice L.ien Recovery Charge Llose AccollnUMeter Kead/Water ServIce j lIm- 01f Field Service, Pavement Restoration Charge (refundable, if a,sessed ;md not required) Asphalt Patch Concrete Patch Asphalt Trench Concrete Trench County Road Pennit Within City Limits Outside City Limits :;; 30.00 $ 30.i)() $ 20.00 $ 2000 $ 5.00 $ 5.00 $ 2.50 $ 2.50 $ 100.00 :); 100.00 $ 20.00 $ 20.00 $ 694.00 $ 1,041.00 $ 894.00 $ 1,341.00 $ 817.00 $ 1,225.50 $ 2,348.00 $ 3,522.00 N/A Cost Wet Tapping (Water Main Only)* 8"andsmaller-exclexcavatioll&backfill $ 2,376.00 $ 2,514.00 $ 3,561.00 $ 3,771.00 8" and smaller - service to property line $ 5,056.00 $ 5,349.00 $ 7,521.00 $ 8,023.50 Greater thanS" x 8" Actual Time & Materials 150% of Actual Time & Materials *Does Not Include Pavement Restoration Charge Fire Hydrant Installation* 8" x 6" and smaller - service to property line Greater than 8" x 6" Water Meter Reinstallation 3/4" & 1" 1-1/2" & 2" 3" and greater Water Meter Reactivation Water Meter Tampering Tampering Removal Tampering Reinstallation Cross-Connection Control [ nspection Fire Service - Detector, i\.h::ter & ry'IXlj Storz Adapter $ 6,11&.00 $ 6,505.00 $ 9,222.00 $ 9,757.50 Actual Time & Materials 150% of Actual Time & Materials $ 72.00 $ 83.00 $ 72.00 $ 83.00 $ 125.00 $ 132.00 $ 125.00 $ 132.00 Actual Time & Materials Actual Time & Materials $ 50.00 $ 50.00 $ 191.00 $ 200.00 $ 1 91. 00 $ 200.00 Actual Time & Materials Actual Time & Materials $ 50.00 $ 50.00 S " 12.00 $ 430.00 $ 41200 $ 43G.OO S 2:3100 $ 247.00 $-- 233.00 $ 247.00 6 of 8 Within City Limits Outside City Limits MISCELLANEOUS (cont'd) Water SeJ\ice TUIl1-uflfl\mHm (Customer Req uest) Regular I-lours Aller Hours S 2iJOU S 21).00 S 175.00 S I 75.0i) S ]iJ.OO S \lJi)O Delinquency Notice Water SeJ\'ice Tum-ofifTum-on (Delinquent Accounts) Regular Hours Alter Hours $ S 50.00 175.00 $ $ 50.00 175.00 Flow and Pressure Test (Uncertitled) 3/4" & 1" meters only 1-112" & 2" meters only Larger than 2" $ 50.00 $ 90.00 Actual Time & Materials $ 50.00 $ 90.00 Actual Time & Materials Utility Plant Locates Regular Hours After Hours Emergency NlC $ 181.00 $ N/C 191.00 N/C $ 181.00 $ N/C 191. 00 Meter Test Fee (based on meter size) 3/4" & 1" 1-112"&2" 3" or greater $ 125.00 $ $ 172.00 $ Actual Time & Materials 132.00 182.00 $ 125.00 $ $ 172.00 $ . Actual Time & Materials 132.00 182.00 Engineering Services* Plan Check Fees Main Extensions: per foot BUT not less than (Includes hydrants and appurtenances and connection to water system) Pump Stations Fireline Extension Irrigation Systems System Connections Miscellaneous (per hour) $ $ 0.27 $ 231.00 $ 0.29 244.00 $ $ 0.41 $ 347.00 $ 0.44 3 Ci6.00 $ 579.00 $ 613.00 $ 869.00 $ 920.00 $ 93.00 $ 98.00 $ 110.00 $ 147.00 $ 93.00 $ 98.00 $ 110.00 $ 147.00 $ 93.00 $ 98.00 $ 110.00 $ 147.00 $ 19.00 $ 52.00 $ 7 " 00 $ 78.00 * Fees include original review and one resubmittal review. Additional reviews will be charged at miscelhmeous hourly rate (ahove). 7 of 8 MISCELLANEOUS (cont'd) Within City Limits Outside City Limits S!Oll11 Drainage PI~Ul Revit:w Fee~ ** Prdiminary Drainage Pl;U1~ Rc~idential De\e1opment ~on-Re~idential Development PI\l~ per 1St] Final Detailed Drainage PI~U1~ Re~idential Development (per lot) o - 20 Lots 21 - 50 Lots 51 - 1 00 Lots 100+ I,ots Minimum Charge Non-Residential Development per ISU Minimum Charge Resubmittal Fees First Resubmittal Subsequent Resubmittal !l'r--~ S 37lJ()(J N/A ~ 2t>(.OO S 2()2J)(J N/A ~ 1U.7g $ 11.41 Stann Drainage Inspection Fees ** Residential Development (per lot) Non-Residential Development (per ISU) Minimum Charge Conveyance Facility Extensions (per foot) Minimum Charge Unscheduled Inspections* (per site visit) S 3gg2 $ 4U17 N/A $ 28.04 $ 29.67 N/A $ 2'UH S 26.25 N/A $ 21.57 $ 22.82 N/A $ 275.00 $ 291.00 N/A $ 21.57 $ 22.82 N/A $ 330.00 $ 349.00 N/A No Charge N/A $ 275.00 $ 291.00 N/A $ 16.18 $ 17.12 N/A $ 16.18 $ 17.12 N/A $ 165.00 $ 175.00 N/A $ 0.86 $ 0.91 N/A $ 330.00 $ 349.00 N/A $ 49.00 $ 52.00 N/A *(Unscheduled inspections shall be tracked through the course of a project and billed after the fmal site inspection. Fees for unscheduled inspections shall be paid prior to fmal occupancy approval.) ** Does not apply to single family residence or duplex construction on an existing established lot. Utility/Lien Search Fee (Manual)*** $ 30.00 $ 30.00 ***Search per parcel 8 of 8 DATE SUBMITTED: BILL # OB-- ~5C( ,)) AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Resolution No. 3075 approving a change of hours of public access to City offices Committee Meeting Date: November 12, 2008 COUNCIL MEETING Date: November 19, 2008 Department: Financial Services Presenter: Laura Lyon Phone: 473-5722 SUMMARY: BMC Section 1.02.010 provides that City offices, which routinely conduct business with the public, shall be open for the transaction of business between the hours of 8 :00 a.m. and 5 :00 p.m. of each business day from Monday through Friday, unless otherwise posted. The proposed resolution provides for the closure of public counters under certain circumstances as a cost savings measure due to budget constraints. ATTACHMENTS: Proposed Resolution JJo, 3075 FISCAL IMPACTS (Include Budgeted Amount): Permits reductions in staffing levels in Financial Services, Human Resources and Community Development as proposed and required in the 2009 budget in order to reduce expenditures to balance the budget. Staffing reductions in these departments located in the Norm Dicks Government Center provide savings of$411,223 in 2009. The reduced availability of public access to City Hall service counters is necessary to lower workloads to match reduced staffing resources. APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: ~ COMMITTEE CHAIR COUNCIL PRESIDENT: , CONSENT AGENDA D GENERAL BUSINESS ~ PUBLIC HEARING D RECOMMENDED MOTION: Move to pass ReSOlution No. 3075 approving a change of hours of public access to City offices. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action RESOLUTION NO. 301 S A RESOLUTION of the City Council of the City of Bremcrton, Washington, approving a change of hours of public access to City offices as authorized in BMC 1.02.010. WHEREAS, the provisions of BMC 1.02.010 provide that City offices, which routinely conduct business with the public, shall be open for the transaction of business between the hours of 8:00 a.m. and 5:00 p.m. of each business day from Monday through Friday, unless otherwise posted; and WHEREAS, the City is contemplating closing public counters on Fridays at the Norm Dicks Government Center and at other city offices as determined appropriate by each department as a cost savings measure due to budget constraints; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby approves closing the public counters on Friday of each week at the Norm Dicks Government Center effective January 1, 2009 until otherwise posted. SECTION 2. Department Directors will have the discretion to evaluate each public counter and determine whether or not each public counter will be closed on Fridays or otherwise beginning January 1, 2009. SECTION 3. Public counters that will be closed will be posted with the dates and times that each counter is open for public business. SECTION 4. Severa b ilitv. If anyone or more sections, subsections, or sentences ofthis 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 5. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. day of PASSED by the City Council of the City of Bremerton, Washington this_ ,2008. WILL MAUPIN, Council President I City Business Hours APPROVED AS TO FORM: ROGER A. LUBOYICH, City Attorney R:\Legal\Lcgal\Resolutions\City Council\City Business Hours.doc ATTEST: CAROL ETGEN, City Clerk 2 City Business Hours