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Home My WebLink About11/17/2010 AGENDA � � � f j °' I �l�T�� 1 �� o�� I{ p �� c �� J CITY COUNCIL 345 6� Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473-5280 ***AMENDED*** NOVEMBER 17, 2010 CITY COUNCIL MEETING AGENDA 1 BRIEFING 5 00 — 5 30 P M m COUNCIL CONFERENCE i200M 603 A General Councd Business 2 CALL TO ORDER 5 30 P M in FIRST FLOOR CHAM�ERS A Pledge of Allegiance B invocation 3 MAYOR'S REPORT 4 PUBLIC RECOGNITION 5 CONSENT AGENDA A Claims & Check Register B Mmutes of Meeting — November 3, 2010 C Mmutes of Budget Workshop — November 4, 2010 D Minutes of Budget Workshop — November 8, 2010 E Minutes of Budget Workshop — November 9, 2010 F Interagency Agreement Goverrnng the Interagency Bomb Squad G Contract to Purchase a Sculpture from Bob Kimball of Poulsbo, WA H Ordinance No 5128 amending Chapters 2 09 and 2 10 of the Bremerton Municipal Code (BMC) relating to the reorgarnzation of the Information Technology Department � 6 GENERAL BUSINESS A Confirm appointment of Rabecca R Hasart as the new Director of Financial Services at Band 22, Rate 3 on the City of Bremerton's Management Salary Plan 7 PUBLIC HEARINGS A Public Hearing on Revenue Sources for the 2011 Budget (Publ�c comment only, No act�on requ►red), and Ord�nance No 5129, levying Property Taxes for collection rn 2011 8 COUNCIL MEMBER REPORTS 9 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING � Amencans w�th D�sab►l�hes Act (ADA) accommodat►ons prov►ded upon request Those requinng speaal accommodations should contact the City C/erk's Office at (360) 473-5323 by noon on the Monday precedmg the Councd meet►ng I, I BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISIT YOUR COMMENTS TO BE INCLUDED IN THE RECORD � � � �, � � �l r�l ��Gle(� c:�rvll'l�� '�'� f�� 6 � �� v`i REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU DATE SUBMTITED 11/17/2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ...........................................................................................� SUBJECT: Comm�ttee Meetmg Date COUNCIL MEETING Date November l7, 2010 Claims & Check Register Department Financ�al Serv�ces Presenter Cathy Johnson Phone 473-5296 SUMMARY: Consent Agenda rtem Approval of checks and electronic fund transfers ATTACHMENTS: Check Reg�ster FISCAL IMPACTS (Include Budgeted Amount) APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR CONIlVIITTEE CHAIR _ COUNCIL PRESIDENT CONSENT AGENDA � GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: 1) Check #'s 340362 through 340586 and EFT's 10367 through 10410 m the amount of $2,830,635 39 COUNCIL ACTION• � Approve ❑ Deny ❑ Table ❑ Contmue ❑ No Action i�� i i tit i3�� i i t�� 1(.FND � lill l. ( lTY OF f3RE'ti1CR I ON ( I rl ( ()( N( Il � .......................................................................................� til RJFCT C it� (��unc.il �1��tin3 �linut�s (��n�nutt�� I«tin, D<<tc V'� fui m��tut3 ut c c�l �V( II \ll l l INc� I).�t� Np 17� � O N O�`Q.YI/1�0�` 3� �O ( O ��cp�u tm�iit C ity ( uitn�il Prrsentcr Ni�k �Votfurd, C'�wuil Pres�dcnt f'hun� � �i(�O) �73-5?80 �U�INIARY. Attachcei is the summary ot the City Coiuicil ;�te;etin� hc(�i �d��,� 3� � t O ATTACHMENTS Meeting M�nutes for �11 p�/�o�,�X- 3 �p ( b FISCAL IMPACTS ([nclude Budgeted Amount) N/A 4PPROVALS DEPARTMENT DIRECTOR Council President C[TY ATTORNEY N/A FINANCE D[RECTOR N/A NIAYOR N/A C'OMMITTEE CHAfR N/A ( OUNCIL PRESIDENT C'nNSENT AGENDA �f GENERAL BUSINESS ❑ PC�BLIC HEARING ❑ �tN C Oti1,�lE'VDFD ��10 T[ON �lu�� tu .i��ro�c i»��tin� minutcs �is ptes��ntc�l ( ()l \'( II 1( 11ON ❑ \��prove ❑ I)�ny ❑ I.ihl� ❑ ( untinu� ❑ No �1�hon -----__ ,I DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, November 3, 2010 The weekly meeting of the City Councd of the City of Bremerton was called to order Wednesday, November 3, 2010, at 5 00 PM in Council Conference Room 603 of the NoRM D�CKS GovERNnnENT CENTER 345 6` Street, Bremerton, Washington, with Councd President Nick Wofford presidmg Councd Members present were Wdl Maupm, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam Brockus, Cecd McConnell and Jim McDonald Also present were Assistant City Attorney Ken Bagwell, City Clerk Carol Etgen, and Councd Assistant Christme Grenier A Courvci� BRiEFiN� was then held to discuss General Council Business at 5 00 PM in the Councd Conference Room At 5 30 PM the meetmg moved to the Meetmg Chambers The Pledge of Allegiance was led by Counc�l Member Jim McDonald followed by the invocation provided by Council Member Dianne Robinson PUBLIC RECOGNITION � ANNOUNCEMENTS Katrina Fulkerson, Kitsap-Pierce County YWCA, announced that registration for swim classes opens next Monday, and Splash and Jam will be held on the third Saturday in November Tiffanv Roval, Bremerton Farmer's Market Board of Directors, reported on the success of this year's markets both in revenue and number of participatmg vendors Jerrv McDonald, Harborside Condommiums, hoped the City would consider attracting cruise travelers to help support downtown businesses, and pomted out through personal experience that individuals workmg at the ferry terminal do not know about what is avadable to tourists in Bremerton MAYOR'S REPORT Mayor Patty Lent • Reported that the City will be recommended for funding after presentmg a proposal today to Puget Sound Regional Councii (PSRC) for the Washmgton and Pacific Avenues Streetscapes Improvement Pro�ect, • Proclaimed the Month of November 2010 as "Pancreat�c Cancer Awareness Month" and the proclamation was accepted by Jo Mabbutt, Pancreatic Cancer Action Nefinrork, • Presented a Mayor's Appreciation Award to Carol Atkmson, Mam Stream Association, who then presented a Blackberry Festival Award to the City Councd, • Shared a letter of support for Secure Medicme Return legislation, • Announced that the City received a plaque from Captam Whitney, PSNS m appreciation of the City's participation m the Health and Safety Expo, and presented a Mayor's Appreciation Award to Linda Fulton, Public Works & Utdities for her dedication to the expo, • Proclaimed the Month of November 2010 as "Amer�can Diabetes Monfh", • Thanked Councd Members for participating in the Beautify Bremerton Clean-Up and reported that a total 106 tons were collected and 6 04 tons was yard waste, and • Announced that the Kitsap PUMAS will be holdmg an Indoor Exhibition Match this Sunday with kick-off at 8 00 PM at the Olympic Soccer and Sports Complex at Pendergast Park President Wofford announced the Council wdl be holdmg a Budget Workshop tomorrow from 4 00 to 7 00 PM m the Councd Conference Room, and there will not be a Council Meetmg heid next on Wednesday, November 10, 2010 City Clerk Carol Etqen announced that Item 5G has been pulled and Item 5H has been added to tonight's Consent Agenda CONSENT AGENDA A Check Numbers 3340210 through 340361, and EFT-10324 through EFT-10366 m the amount of $1,690,899 16, Retiree Payroll in the amount of $78,413 31 and Regular Payroll in the amount of $677,284 66 both for the pay penods endmg October 31, 2010 � City Council Reg Mtg Mmutes Wednesday, November 3, 2010 Page 2 of 7 B Minutes of Meeting — October 20, 2010 C Mmutes of Study Session — October 27, 2010 D Reappointment of Debbie J Kilgore-Hilton to the Bremerton Housing Authority (BHA) Board of Commissioners as a Resident Commissioner E AWB�d COf1t�aCt t0 NORTHWEST MARINE CONSTRUCTION Itvc and execute National Fish and Wildlife Foundation (NFWF) Grant for construction of the "Pier Removal at former Chevron Property" Pro�ect F Ordmance No 5125 amending Section 2 18 060 of the Bremerton Municipal Code (BMC) entitled "Reporting" related to responses to Final Drafts of Internal Audit Reports G ) Item was puHed H Ordinance No 5127 amending Bremerton Municipal Code (BMC) Chapter 17 60 070 relatmg to "Floodplam ManagemenY' Th�s new ord�nance corrects language �n Ordmance No 5123 passed by Counal on October 20, 2010 There were no questions or comments from the publ�c 05 57 35 M/S/C/U (McDonald/Runyon) Move to approve the CoNSENT A�Etv�A as amended PUBLIC HEARINGS 6A — RESOLUTION NO 3126 TO APPROVE THE 2011 CDBG FUNDING RECOMMENDATIONS FOR iNCLUSION IN THE 2011 CDBG/HOME ACTION PLAN Marie V�Ia, CDBG Program Admmistrator, summarized that on May 5, 2010, City Councd approved the 2011 CDBG/HOME Policy Plan outlmmg the CDBG and HOME funding allocation process Based on that policy, the program's Citizen Advisory Committees have developed funding recommendations for Council consideration and approval If approved, these submissions wdl be sent to the Department of Housmg and Urban Development (HUD) m the 2011 Annual Action Plan Pres�dent Wofford opened the publ�c hearmg for publ�c comment Connie Mueller, Kitsap Community Resources, asked for Council's support for the weatherization program and the some improvements at 1201 Park Avenue Dave Fredrick, Hope m Christ Mmistries, thanked the advisory committee for recommendmg fundmg towards services to help homeless youth Courtnev Freeman, Community Frameworks, expiained that the program the funding would support wouid be revitalizing older housing stock Kurt We�st, Bremerton Housing Authority Executive Director, updated the Council on the Bay Vista pro�ect which includes over 60 townhomes, and looked forward to creatmg some opporturnties for affordable homeownership President Wofford then closed the publ�c hear�ng 06 12 40 Mot�on was made by Wheele% and seconded by Brockus, Comments were then prov�ded by the Counc�l Mr Wheeler was impressed with the dedication of the applicants durmg the application process and believed the advisory committee's review was quite thorough Mr Mauain thanked fellow Council Member Wheeler, citizens, and CDBG staff Marie Vila and Doug Mclntyre who spent a considerable amount of t�me on this process, and thanked Bremerton Housing Authority and Community Frameworks for pursumg fundmg during this application cycle � City Councd Reg Mtg Mmutes Wednesday, November 3, 2010 Page 3 of 7 06 16 00 M/S/C/U (WheeleNBrockus) Move to pass Resolution No 3126 approving the 2011 funding recommendations to be mcluded in the 2011 Action Plan to HUD, and authonze 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 6B — RESOLUTION NO 3127 TO APPROVE THE 2011 TO 2015 CDBG/HOME CONSOLIDATED PLAN Douq Mclntvre, CDBG Program Specialist, pointed out that the action before the Councd is adoption of the Block Grant Program's 2011-2015 Consolidated Plan The CDBG/HOME Consolidated Plan is prepared Jomtly w�th Kitsap County Block Grant every five years it sets the priorities for allocation of the fundmg the City and County receive annually from the Urnted States Department of Housmg and Urban Development (HUD) Pres�dent Wofford opened the public hear�ng for public comment With no commenfs from the publ�c, Pres►dent Wofford then closed the publ�c heanng 06 19 50 Mot�on was made by McDonald, and seconded by Maupin, Comments were then provided by the Counal Mr Runvon was pleased with the amount of data included in the plan, and pomted out that people are welcome to review the plan on the City's website Mr Wofford added that the City's website is www ci bremerton wa us 06 20 49 M/S/C/U (McDonald/Maupin) Move to pass Resolution No 3127 adopting the 2011-2015 Consolidated Plan, and authorize the Block Grant Program to submit the Consolidated Plan to the Department of Housmg and Urban Development (HUD) GENERAL BUSINESS 7A — RESOLUTION NO 3125 APPROVING PROPOSED PROJECT LIST AND FUNDING DISTRIBUTION FOR THE CITY OF BREMERTON STORMWATER RETROFIT AND LOW IMPACT DEVELOPMENT (LID) PROJECT GRANT Larrv Mate�, Managmg Engmeer, Public Works & Utilities, explamed that on May 4, 2010, the Governor approved a$1,343,000 no match grant to the City of Bremerton Low Impact Development (LID) Retrofit Pro�ect Prior to completing grant agreements, the Public Works Department needs ratification of the proposed pro�ect list and funding distribution The proposed funding distribution is recommended at $100,000 for 5' Street befinreen Chester and Veneta Streets, $193,000 for Pacific Avenue befinreen 11 � Street and Evergreen Park, $250,000 for the Manette business area, and $800,000 for Anderson Cove There were no comments from the publ�c 06 30 20 Mot�on was made by Robmson, and seconded by Wheeler, Comments were then prov�ded by the CouncU Mr Brockus announced that there wdl be a meetmg next week to receive comments on proposed LID pro�ects m Manette or residents may offer comments on a map located at Kate's Jersey Subs Mr Runvon asked if there will be opporturnties for volunteers Mr Mate1 answered yes Mr Runvon believed that it is appropriate to move funding to Anderson Cove to heip begin revitalization, and to move funding outside downtown Ms Robinson was pleased that Anderson Cove will finally begin the revitalization process, and added that additional $80,000 m CDBG funding will be used to improve Matan Park Mr Wheeler agreed that Anderson Cove has needed attention for some time, and is looking forward to getting the process gomg City Council Reg Mtg Mmutes Wednesday, November 3, 2010 Page 4 of 7 06 35 40 M/S/C/U (Robmson/Wheeler} Move to approve Resolution No 3125 for the proposed pro�ect list and fundmg distribution to be used m negotiation of the City of Bremerton Stormwater Retrofit and Low impact Development Pro�ect Grant 76 — APPROVAL OF THE DOWNTOWN BREMERTON TRAFFIC CIRCULATION ENHANCEMENTS SUMMARY REPORT AND RECOMMENDATIONS AND ADOPTION OF THE GREEN OPTION Larrv Matei, Managmg Engineer, Public Works 8� Utdities, stated that the Public Works Department budgeted $25,000 during 2010 for downtown traffic circulation planrnng Specific issues to be addressed include changes to Washmgton Avenue and 4"' Street, as well as implementation of pedestrian/bicycle access enhancement provisions, and identification of additionat on-street park�ng opporturnties Alternatives have been presented and discussed with busmess owners and the public Initially the "Green Option" was deemed to be preferred by the ma�ority of the generai public written comments that were received Modest modifications have been made to the Green Option in an attempt to mcorporate the varymg requests and opmions presented during the many discussions that were held concernmg this pro�ect Suzanne Chinick expressed concerns about potential increased pedestrian and vehicle interaction created by the proposed plan Aida Albriqht encouraged Council to consider improvements to parkmg, and emphasized that the current traffic pattern downtown is working Jerrv McDonald did not agree that there will be room for bicycle lanes and reduced driving lanes, and believed that traffic flow at 2" and Washmgton Avenues is acceptable as is 07 09 03 Mot�on was made by Runyon, and seconded by McDonald, Comments were then prowded by the CouncU Mr Wheeler thanked Mr Matel for his professionalism and dedication to brmgmg this plan forward, did not support the plan since it takes away the improvements made towards becommg pedestrian friendly Mr Runvon asked for clarification on pedestrian numbers at the intersection of 2 Street and Washington Avenue Mr Matei answered that un-signaled mtersections typically do not have a defined level of service so no data was provided Mr Runvon asked if 2" Street were converted to two-way tra�c, what changes m traffic volume could be expected Mr Matel answered that there would be estimated 89 vehicles travelmg northbound, 49 vehicles travelmg west bound, 50 vehicles traveling southbound, and 68 vehicles traveling east bound Mri expressed concerns about the proposed parking changes, signage and lights, and angled parking Mr Brockus agreed with making 2" Street a two-way street, hoped that the plan could be delayed to finalize comments from stakeholders Will Maupin was concerned that the pedestrian improvements have made downtown and the proposed plan accommodate cars and less so for pedestrians, commented that the current one-way traffic pattern on 2" Street and one way on Washmgton Avenue are both workmg well 07 29 25 Motion was made by Maup�n, and seconded by Arends Comments were fhen prov�ded by Counc�l Ms Arends expressed concerns about voting on a plan that has gone through many forms Mr McDonald supported the change that will aliow traffic flow to the Conference Center and the Port property to be deveioped, pointed out that the plan is in Ime with the Downtown Sub-Area Plan, and asked if street flow is m the purview of the Council � City Councd Reg Mtg Minutes Wednesday, November 3, 2010 Page 5 of 7 Mr Baawell explamed that whde the Public Works Director and City Engmeer can make decisions about tra�c changes, it was appropriate to bring the related costs to Council Mr McConnell believed that some of the proposed changes may actually cause problems 07 39 05 M/S/C (Maupm/Arends) Move to continue discussion to an indefirnte date Voted in favor of Motion to Contmue Wheeler, Robinson, Arends, Maupm, Brockus Wofford Voted against Motion to Contmue McDonald, McConnell, Runyon Motion carried 6-Yes, 3-No Pres►dent Wofford recessed the meet�ng from 7 40 to 7 47 PM 7C – ORDINANCE NO 5126 AMENDING TITLE 7 AND CHAPTER 3 01 050 RATE TABLE D OF THE BREMERTON MUNICIPAL CODE (BMCI LEGALIZING THE KEEPING OF CHICKENS WITHIN THE BREMERTON CITY LIMITS Council Member Rov Runvon explained that certam citizens within the City of Bremerton desire to keep and have chickens for the provision of fresh eggs, natural fertilizer, insect control, and weed control The proposed ordmance legalizes the keeping of chickens, with reasonable limits and restrictions withm the Bremerton aty limits Mr Runvon provided a PowerPoint presentation outlming further details of the proposal Bob Perkins expressed concerns about chickens bemg released by people who no longer wish to keep them, and will other animals like Ilamas or pot belly pigs be allowed too Carolee Valentine thanked the Council for considermg this issue Deborah McDaniel thanked Councd Members who serve on the Public Safety and Parks Committee for their careful study of the issue, emphasized that the number of chickens bemg proposed would not produce any more manure than a famdy dog, and looked forward to fresh eggs and educatmg children Patric�a Zwick also thanked Council for their effort m considering this issue, and stated that the ordinance is solid and the community supports this 08 02 27 Motion was made by Runyon, and seconded by Robmson, Commenfs were then prowded by the Councd Mr McConnell asked who wdi inspect the location of coops relative to structures and setbacks as well as the size of the coops Mr Run�on answered that no inspection will be required prior to the issuance of licenses and that citizens will be expected to comply with the stated requirements Mr McC, onnell could not support the ordmance since enforcement is not clearly defined '— Mr McDonald explamed that the Kitsap Humane Society has changed its position on enforcement from when the discussion began, and believed that there will be fewer complamts than with dogs and noise should be mmimal without roosters Mr Wheeler supported the keepmg of chickens and this would allow people to produce food on a local level Ms Robinson found that many other cities have allowed chickens, offered her support for the opporturnty to educate children and the generation of eggs for families Mr Mauain was concerned this proposal could impact neighborhoods where some people would ob�ect to chickens and therefore complam while other neighborhoods it would not be an issue 08 13 17 Amending Mot�on was made by Maupin, and seconded by McConnell, Comments were then prov►ded by the Councd i City Council Reg Mtg Minutes Wednesday, November 3, 2010 Page 6 of 7 Ms Arends expressed concerns about keeping chickens on smaller lots, as well as abandoned or neglected chickens Mr Brockus encouraged chicken keepers to keep the Imes of commurncation open with their neighbors to address issues well before enforcement comes into play Mr Wheeler emphasized that Councd has the authority to make changes, and is comfortable with the ordmance since it protects property rights but could not support the sunset clause since concerns should be addressed now Ms Robinson agreed that the sunset clause is not needed Mr McDonald stated that the sunset clause is a compromise to allow time to make changes as needed and a more flexible option to consider Mr Runvon believed that allowing 6 square feet per chicken is adequate space, added that there are farmers who will adopt chickens, and stressed that tools for enforcement are m place to purnsh a few potential law breakers and a sunset clause would punish all chicken keepers Mr McConneil expressed concerns about what could happen between landlord and tenant Mr Maupin thmks that the sunset clause is a way for the Councii for revisit the issue whether more rules or fewer rules are needed and if this idea is workmg Mr Wheeler posed the question on how does the Councd rate the activities by people who may have put in a considerable investment in raismg chickens Mr Maupin responded that when Councd hears an issue and votes to support or not support that issue, then that is how the item is rated 8 30 15 A-M/S/C (Maupin/McConnell) Move to amend the proposed changes to Title 7 providing for the keeping of chickens within the City of Bremerton to include a new section providmg for the sunset of any chicken related changes to Title 7 of the Bremerton Murncipal Code (BMC) Such section wouid provide the followmg Any amendments to Title 7 of the Bremerton Mun�apal Code (BMC) adopted pursuant to Ord�nance No 5126 shall exp�re and sunset June 30, 2012, unless extended by a subsequent ordmance of the City Councd if such sunset occurs, any c�t�zen legally possessmg chickens at the t�me of the sunset shall be allowed to ma�nta►n those ch�ckens unless ordered otherw�se pursuant to Title 7 of the BMC untd the ch�ckens exp�re or are removed by the owner In no event shall any owner be allowed to add to the number of chickens kept afiter the sunset occurs Voted in favor of Amended Motion Arends, Maupm, McDonald, McConnell, Brockus, Wofford Voted opposed to Amended Motion Robinson, Runyon, Wheeler Amended Motion carned 6-Yes, 3-No 08 33 25 M/S/C (Runyon/Robinson) Move to approve Ordmance No 5126 amending Title 7 and Chapter 3 01 050, Rate Table D of the Bremerton Murncipal Code, legalizing the keeping of chickens withm the Bremerton city limits as amended Voted in favor of Motion Maupm, McDonald, Brockus, Runyon, Wheeler, Robmson Voted opposed to Motion Arends, McDonald, Wofford Mam Motion carried 6-Yes, 3-No COUNCIL MEMBER REPORTS Jim McDonald enJoyed attendmg and heiping out at the City's annual Halloween Party held at the Sheridan Park Recreation Center City Councd Reg Mtg Minutes Wednesday, November 3, 2010 Page 7 of 7 Cecil McConnell thanked the Mayor for puttmg together the Beautify Bremerton event Adam Brockus announced that the Washmgton State Ferries are considermg a plan to elimmate all ferry service after 9 00 PM from Bremerton so mterested citizens have an opportunity to attend an upcoming Commurnty Meeting in Bremerton on Wednesday, November 17 from 5 30 to 7 30 PM at the Bremerton Ferry Terminal Rov Runvon thanked people for their assistance m the chicken ordinance, announced that new business Taber's Wicked Threads has opened on 622 Caliow Avenue, and that he and Councd Member Greg Wheeler wdl be hostmg a �oint District 4 and 5 Meeting to discuss the "Proposed 2011 Budget" on Monday, November 15 from 6 00 to 7 30 PM in the Meeting Chambers Greq Wheeler encouraged �ob seekers to attend the "It's a Jobs Th�ng" free public workshop that will be held in the Meeting Chambers on Thursday, November 4 from 5 30 to 7 00 PM, was a chdi tasting �udge at a recent Employee Wellness Walk, plans to attend the Empty Bowl Dmner, thanked Greg Jose and Bob Dollar for helpmg him on Beautify Bremerton day and his wife Sunny for helping him so that he can participate in so many community events D�anne Robinson also thanked people who participated in the clean-up, announced that the Kitsap County Historical Society Museum wdl be hostmg speakers regarding the "Year of Jubilation Women's Right to Vote in Washmgton" on Friday, November 5 at 6 00 PM at 280 4"' Street in the Wally Koppola Library Carol Arends reminded everyone that this was the week for the First Friday Artwalk and events would be held m downtown Bremerton as well as the Manette area W�II Maupm hoped that the City wdl do more to market Bremerton, emphasized that prior cuts to service should make this year's budget discussion a little easier, and will be attendmg a Puget Sound Regional Councd Growth Management Policy Board meeting tomorrow Nick Wofford thanked all of the volunteers on City boards and commissions, asked that people buy local products and services, attended the Association of Washington Cities Regional Meetmg last week, expected less revenue from the State due to cuts so this may impact the City of Bremerton, thought that the Union Hdl neighborhood is a good example of how people can work together, and thanked citizens for votmg With no further busmess, President Wofford adJourned the Council Meeting at 8 50 PM Prepared and Submitted by CHRISTINE GRENIER Attest Councd Assistant CAROL ETGEN, City Clerk NICK WOFFORD, City Council President NW CE Is cg i��i �i i3�t�� it u �(,END � B11 1. ( ITl' OF f3RE;�lE'RT()V ( 11'1 ( ()(1�i( I L .......................................................................................� til R.IF( T( ity ( c�uncil �iectin� ti1inut�� (�1111111111CC WlCltil� C) ,►tc vl�� lu� m��t�n� ut c c�l iN( ll �il I t lNc � I�.�tr _� pVe1y�,(�� ao ( � � Urpa�tmcni ( ity ( uuncil rJVA9Pi'}' (i1�01�5�1oP Picscnter Ni�k �Votford, N01��Wl�OPX' '� ��o l a _C'uunc,il Presidcnt I'hune ( �Cil)) .}73-5280 �U�i��(ARY. ��ttached �s the summary of the C�ty Counc�l tiieetin� hela � OVL �� a,o 1 0 ��TTACHMENTS: Meeting Minutes for J�a�/�,yV�,b��- �. ��.ol O FISCAL IMPACTS (Include Budgeted Amount) N/A 4PPROVALS• DEPARTMENT D[RECTOR Counci( President C[TY ATTORNEY N/A FINANCE DIRECTOR N/A MAYOR N/A � OMM[TTEE CHA[R N� A ( ()UNCIL PRES(DENT C ONSENT AGENDA`� (,ENERAL BUS[NESS ❑ PUBLIC HEARING ❑ ItFC O1�I��lE�YDF'U ,�IOTtON �l�n� t�� i��ro�c m��tui3 minutcs as picscntccl ( ()t \( II �( I'1OV ❑ \��pio�� ❑ t)uiy ❑ 1 ihl� ❑ ( untinu� ❑ Nu �1�twn DIGITAL RECORDING CITY COUNCIL BUDGET SESSION MINUTES Thursday, November 4, 2010 The Budget Session of the City Councd of the City of Bremerton was called to order m the Councd Conference Room, R00111 603 Of the NORM DICKS GOVERNMENT CENTER IOCat2d 8t 345 6 Sti'eet, Bremerton, Washington, Thursday, November 4, 2010, at 4 00 PM, with Council President Nick Wofford presidmg Councd members present were Wdl Maupm, Carol Arends, Dianne Robmson, Greg Wheeler, Roy Runyon, Adam Brockus, Cecd McConnell, and Jim McDonald Legislative Assistant Lori Smith was present to provide staff support to the Councd President Wofford announced that the 2011 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 sub�ect to change Cathv Johnson, Interim Financial Services Director, presented information regarding the proposed 2011 Budget for the City of Bremerton, with an overview of the Financial Challenges, Budget Process, 2011 Budget Considerations, the General Property Tax Levy, EMS Property Tax Levy, Personnel, 2011 Revenue, the "General Fund", Expenditures, and Fund Balance Staff then provided presentations on their Departments as follows 1) Mayor/Executive 2) City Council 3) Financial Services, City Clerk, including Police & Fire Pension, and Human Resources Pres�dent Wofford called a 15-mmute break from 5 30 to 5 45 PM 4) City Attorney's Office and Risk Management 5) Municipal Court, mcluding Trial Improvement 6) Department of Community Development, mcluding Abatements, CDBG, and 1% for the Arts 7) City Auditor 8) Law Enforcement, including Police Special Pro�ects Fund 9) Fire and EMS 10) Parks & Recreation With no further business, President Wofford ad�ourned the Study Session at approximately 7 45 PM Prep d and Submitted y � . LO I SMITH Legislative Assistant Attest CAROL ETGEN, City Clerk NICK WOFFORD, City Councd President NW CE Is cg i��i� �t �;��it it �� (.FVD � BII 1. ( I rl C)F' l3RCY1f R I()N c i rti c c�t vc it� ......................................................................................., til R IF( t' ( it� ( 11UI1c,lI �IC�hil� �lmut�s (��mmitt�� l��tii�� n,itc �-� �ui m��ti�,� ut c c�t �Nl tl �It I � t�lc � I),�t� _Np� t7 a.o t0 Bud Q �-}- �Jor�s�, Drp.uUii�nt ( ity ( u�nuil J Y� Pic.s�ntc� vi�l. �Vutforci, �D�e.VYI��' 8�� o� O C uuncil Pr�sident I'h��n� (31,U) -�73-5280 �U�I,�I�RY ��ttac,hcd is the summary ot the C�ty C ounc�l ;�1cctin� hcl�i N eVP Wl.�p�p,�-- $� �,.b � O ��TTACHMENTS Meeting M�nutes for �oVe�/vt� 8 � l b � FISC��L IMPACTS (Include Budgeted Amount) N/A APPROVALS DEPARTMENT DIRECTOR Council President C(TY ATTORNEY N/A FINANCE DIRECTOR N/A �tAYOR N/A C OMMITTEE CHA[R N!A ( ()(�NC IL PRESIDENT C OvSENT AGENDA � GENER��L BUS(NESS ❑ _Pl )BLIC HEARING ❑ ItH C O�I�IF,tiDFU �IOTION \lu�� tu I�l�l1U�l. Illl.lh114� I11111UICS as ��t�s�nt��l ( ()I \( IL �( 11O` ❑ �E�pio�� ❑ I)u�y � I ihl� ❑ ( untinu� ❑ �1�� 1�tiun DIGITAL RECORDING CITY COUNCIL BUDGET SESSION MINUTES Monday, November 8, 2010 The Budget Session of the City Council of the City of Bremerton was called to order m the Councd Conference Room R00111 603 Of th2 NORM DICKS GOVERNMENT CENTER IOCat@d at 345 6 Stfe2t Bremerton, Washington, Monday, November 8, 2010, at 4 00 PM, with Council President Nick Wofford presiding Councd members present were Wdl Maupin, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam Brockus, Cecd McConnell, and Jim McDonald Legislative Assistant Lori Smith was present to provide staff support to the Council President Wofford announced that the 2011 Budget Session was fo� 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 opporturnties for input or participation, that no action will be taken, and the content of these items is sub�ect to change Cathv Johnson, Interim Financial Services Director, presented mformation regardmg the proposed 2011 Budget for the City of Bremerton, and Vincent Akhimie, Director of Public Works & Utilities provided an overview of the "Public Works 8 Util�ties" Department including their Mission Statement, number of employees, the Expenditure Budget, and Capital Improvement Plan Public Works and Utilities staff then provided presentations on the following 1) Engineermg 2) General Faalities Pres�dent Wofford called a 15-m�nute break from 5 30 to 5 45 PM 3) Public Works Operations, mciuding Electrorncs, Streets, and Sign Shop 4) Arterial Streets 5) Evergreen Park Remediation 6) Water Ut�lity 7) Forestry 8) Wastewater Utility 9) Stormwater Utdity 10) Equipment Services and Equipment Rental Reserve Operations & Maintenance With no further business, President Wofford ad�ourned the Study Session at approximately 7 35 PM Prepared and Submitted by � � LORI SMITH Legislative Assistant Attest CAROL ETGEN, City Clerk NICK WOFFORD, City Council President NW CE Is cg I�/" I l� II) V��"I I� 1C.F,ND � Bll.l. C ITY (�F [3RE;�tERTON � ITY C'OUNC IL .......................................................................................� �l B.IFCT c�cy c�,��,��i ��t��,� ti��,«t�s C��mmittc� �icetin3 D.�tc v/� fur mc�tin3 ot ( c)11N( lL �1[ l I IN(, 1)atc ��/,�yy�,�. � 7 �l O P,u dg�e-;- taor�cs l� o P D�p�lrtmcnt � ity C uuncil P�esenter Ni�k �Votford, N bV`Q.VI�I,�'�1�` �/ �� Counc�l President I'hune (3G0) �73-5280 SU1�i�tARY: Attached is the summary of the City Council Nleettn� held JIIaV�J�I�, b•p� � � 20 � p ATTACHNTENTS: Meeting Minutes for NoV�2.Wl, �'PiY` �{ � � 1 d FISCAL IMPACTS (Include Budgeted Amount) N/A 4PPROVALS DEPARTMENT DIRECTOR Council Pres�dent C[TY ATTORNEY N/A FINANCE DIRECTOR N / A NIAYOR N/A C'OMMITTEE CHA[R N/A ( OUNC'IL PRESIDENT CONSENT AGENDA GENERAL BUS[NESS ❑ PUBL(C HEARING ❑ I2FC O,ti11�IF.;VDF.D �IOTION �lu�c to �ip�ro�c mcetu�3 minutes as prc,sente�l , ( ()l \( II �( I IO�I ❑ �lppru��c. ❑ U�ny ❑ 1 tblc: ❑ ( unhnu� ❑ No A�hon DIGITAL RECORDING CITY COUNCIL BUDGET SESSION MINUTES Tuesday, November 9, 2010 The Budget Session of the City Councd of the City of B�emerton was called to order m the Councd Conference Room, Room 603 of the NORM DICKS GOVERNMENT CENTER located at 345 6 Street, Bremerton, Washington, Tuesday, November 9, 2010, at 4 00 PM, with Council President Nick Wofford presidmg Council members present were Wdl Maupin, Carol Arends, Dianne Robmson, Greg Wheeler, Roy Runyon, Adam Brockus, Cecd McConnell, and Jim McDonald Council Assistant Christme Grenier was present to provide staff suppo�t to the Councd Cathv Johnson, Interim Financial Services Director, presented mformation regarding the proposed 2011 Budget for the City of Bremerton, with an overview of the "Spec�al Revenue" and "Other Funds", includmg staffing changes, comparisons to prior year, and a brief discussion on Departments which have proposed budgets that do not vary sigrnficantly from the prior year Staff then provided individual presentation on the following 1) Community Development Block Grant 2) Park Facilities Construction 3) Gold Mountam Golf Course 4) Harborside Commons Plaza 5) Park Avenue Plaza Pro�ect Construction 6) Lodging Tax Pres�dent Wofford called a 15-minute break from 5 32 to 5 47 PM 7) Parking Fund 8) Bremerton Kitsap Access Television (BKAT) 9) Kitsap Conference Center 10) Debt Service Funds 11) General Government Capital Improvement (Real Estate Excise Tax) 12) Information Technology Pres�dent Wofford announced that a final meetmg would be held on Monday, November 22 beginrnng at 5 00 PM m the Counal Conference Room to discuss final issues regardmg the Budget With no further business, President Wofford ad�ourned the Budget Session at approximately 7 15 PM Prepared and Submitted by CH ISTINE GRENIER Council Assistant Attest CAROL ETGEN, City Clerk NICK WOFFORD, City Counal President NW CE Is cg DATE SUBMITTED � AGENDA BILL CITY OF BREMERTON CITY COUNCIL . ....................................................................................... SUBJECT: Interagency agreement Committee Meeting Date N0�2,yVt�oPi�^ 3� a01 D(PS'P� governing the Interagency Bomb Squad COLTNCIL MEETING Date November 17, 2010 Department Police Presenter Ctuef Craig Rogers Phone 360-473-5750 SUMMARY: An mteragency agreement identifywg terms and conditions of the relationslup between the Bremerton Police Department and other agencies participating m the Interagency Bomb Squad partnerstup Participating agencies aze the Waslungton State Patrol, City of Everett, Crty of Bremerton, Snohomish County ShenfFs Office and the I{itsap County Shenff's Office One Bremerton Police Oi�icer is assigned to the Interagency Bomb Squad ATTACHMENTS: Interagency Bomb Squad Agreement FISCAL IMPACTS (Include Budgeted Amount) Approxunately $5,000 a yeaz m trauung and overtune costs aze met wrthm the opera.tmg costs of the pohce department general fund budget The Bremerton Police Department has mawtained a bomb tech response program for over eight years APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR COMMITTEE CHAIR COUNCIL PRESIDENT CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the Interagency Bomb Squad Agreement between the City of Bremerton and the above listed participatuig agencies and authonze the Mayor to finalize and execute the agreement vv�th substanhally the same terms and condit�ons as presented COUNCIL ACTION: [�Approve ❑ Deny ❑ Table ❑ Contmue ❑ No Act�on � s'rnrg o � o� `� CNRISTINE O GREGOIRE � — x �OHN R BATISTE Governor �',� , ,,�� Chief y '� 1889 � STATE OF WASHINGTON WASHINGTON STATE PATROL General Admimstration Bwlding • PO Box 42600 • Olymp�a, WA 98504-2600 •(360) 596-4000 • www wsp wa gov October 20, 2010 Chief Craig Rogers Bremerton Police Department 1025 Burwell St Bremerton WA 98337 Dear Chief Rogers Sub�ect WSP Contract No C110396GSC, Interagency Bomb Squad Enclosed is one origmal with five signature pages of the above referenced agreement befinreen the Washington State Patroi, Everett Police Department, Snohomish County Sheriff s Office, Kitsap County Sheriff s Office and your agency Once an approved representative of your agency has signed all five signature pages, please return all five signature pages to the following Ms Cindy Haider Budget and Fiscal Services Washmgton State Patrol PO Box 42602 Olympia WA 98504-2602 One fully-executed original will be returned for your records The Washington State Patrol contract tracking numbers are the agreement number referenced above, please use this number on all co�respondence regarding th�s agreement If you need further assistance, please contact Ms Cmdy Haider, Budget and Fiscal Services, at (360) 596- 4071 Sincerely, CHIEF JOHN R BATISTE � � ' Mr Jeffrey R Hugdahl Budget and Fiscal Services JRH cih Enclosures �° �" � �°�«1 WSP No C110396GSC 1NTERAGENCY AGREEMENT THIS AGREEMENT, pursuant to Chapter 39 34 RCW and Chapter 10 93 RCW (Washmgton Mutual Aid Peace Officers Power Act), �s made and entered �nto by and befinreen the Washington State Patroi, Homeland Security Division, 1519 Alaskan Way South, Seattle, WA 98134, heremafter referred to as "WSP," the Everett Police Department, 3002 Wetmore Avenue, Everett, WA 98201, hereinafter referred to as "EPD, the Snohomish County Shenffs OfFce, 3000 Rockefeller Avenue, Everett, WA 98201, heremafter refeRed to as °SCSO," Breme�ton Police Department, 1025 Burwell Street, Bremerton, WA 98337, hereinafter referred to as "BPD," and the Kitsap County Sher�ff's Office, 614 Dwision MS-37, Port Orchard, WA 98366, hereinafter referred to as "KCSO " IT IS THE PURPOSE OF THIS AGREEMENT to establish a partnership hereinafter referred to as the Interagency Bomb Squad, to combme the resources of the WSP, EPD, SCSO, BPD, AND KCSO and better coordinate activites to provide a service to the c�izens of the State of Washington IT IS, THEREFORE, MUTUALLY AGREED THAT STATEMENT OF WORK WSP RESPONSIBILITIES 1 WSP shall assign WSP employees to the role of Executive Management and Bomb Squad Commander for statewide purposes, and a Bomb Squad Supervisor in order to provide a standardized approach to Interagency Bomb Squad management, trammg, and equ�pment 2 WSP shall provide the necessary equipment as defined by FBI Hazardous Devices School which shall �nclude the following a A vehicle for transporting personnel and their equipment, b A bomb trader, c Equipment for taking x-ray pictures, d Explosives, e A bomb robot, f A PAN disrupter, and g A bomb swt and helmet This eqwpment wdi be acquired and maintamed by and remam the property of the WSP The vehicles and traders may be labeled to reflect their status as interagency Bomb Squad equipment MUTUAL RESPONSIBILITIES 1 The WSP �s recogrnzed by the FBI as the lead agency for each Interagency Bomb Squad in which WSP partic�pates, and in that role WSP is the mam liaison with the FBI WSP has operational and admmistrative oversight for the Interagency Bomb Squad with concurrence from the WSP, EPD, SCSO, BPD, and KCSO Interagency Oversight Committee as described below m the Agreement Management sect�on This oversight shall be admirnstrated by the WSP in accordance with the FBI's National Guidelmes for Bomb Techrnrncans, Special Bulletin 87-4 as revised m 07/96 Page 1 of 4 2 The WSP, EPD, SCSO, BPD, and KCSO retain complete authonty and responsibility for their respective employees The WSP's position as lead agency in no way authorizes the WSP to assign EPD, SCSO, BPD nor KCSO employees to tasks without the full agreement from EPD ,SCSO, BPD or KCSO 3 Each agency shall assign at least one and no more than three Bomb Techrncians and Bomb Technicians In-Trairnng to the Interagency Bomb Squad at any given time 4 The parties wiil �ointly agree upon an operational schedule that will result m at least two officers bemg avadable to respond to lnteragency Bomb Squad calls at ail times 5 All employees assigned to the Interagency Bomb Squad shall perform their duties in accordance with the Standard Operatmg Procedure (SOP), which shall be cooperatively developed, reviewed, and approved by the Oversight Committee (see Agreement Management) 6 Each officer assigned to the Interagency Bomb Squad shail have their own speaal clothing and personal items of equipment which shail remam the property of their respective agency 7 The parties' intent is that the cost of Interagency Bomb Squad equipment storage and mamtenance be absorbed by the agency prov�dmg the equipment and no claims for reimubursement for such cost be made by the providing party to the parties 8 Each party shall assign at least one bomb techrncian to the interview Board and committee for the selection of new Interagency Bomb Squad members 9 The Interagency Bomb Squad may respond to locations throughout Washington 10 The services and functions described here�n shall be pertormed by the employees of the parties hereto as part of their regular employment for their agency No claims shall be made by one party against the other for such services and funetions 11 This Agreement does not transfer title or ownership of any property supplied to the Interagency Bomb Squad under this Agreement The parties supplying property under this Agreement shall retain of such property 12 Each officer assigned to the Interagency Bomb Squad must complete the FBI's Basic Hazardous Devices School at Redstone Arsenal in Huntsvdle, Alabama, rega�dmg techrnques for the disposal of explosive devices PERIOD OF PERFORMANCE This Agreement shall commence on the date of final signature, and shall remain m effect for a period of five (5) years from the date of final signature IN CONSIDERATION WHEREOF Except as otherwise agreed by the part�es hereto m individual cases, no compensation shall be paid by the WSP, EPD, SCSO, BPD, nor KCSO, for any assistance by one party to the other pursuant to this Agreement GENERAL PROVISIONS WSP staff providing services under the terms of this Agreement shall be under the direct command and control of the Ch�ef of WSP or designee and shall perform the duties required by this Agreement in a manner consistent with WSP policy and regulations, appiicabie state and local laws, and the Constitutions of the State of Washington and the Urnted States The assignment of personnel to accomplish the purpose of this Agreement shall be at the discretion of the Chief of WSP or designee Page 2 of 4 NONDISCRIMlNAT10N In the performance of this Agreement, ali parties shall comply with all federal and state nondiscnmination laws including, but not limited to Washington's Law Against Discnmination (chapter 49 60 RCV1n, the Amencans with Disabdit�es Act (ADA) (42 U S C§ 12101 et seq ), Title VI of the Civd Rights Act of 1964 (42 U S C§ 2000d), and Section 504 of the Rehabd�tation Act of 1973 (29 U S C§ 794), as now or hereafter amended AGREEMENT MANAGEMENT The work descnbed herein shall be performed under the coordmat�on of command level representatives of the WSP, EPD, SCSO, BPD, and KCSO, which wdl make up the Interagency Oversight Committee The representatives shall provide assistance and guidance to the other party necessary for the performance of this Agreement These representatives shali meet quarterly to discuss Interagency Bomb Squad operation and admirnstration HOLD HARMLESS Each party shall defend, protect and hold harmless the other party from and agamst all claims, suits and/or actions ansing from any negligent or intentional act or omiss�on of that party's employees, agents, and/or authonzed subcontractor(s) whde performing this Agreement AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties Such amendments shall not be bindmg unless they are in wnting and signed by personnel authorized to bind each of the parties TERMINATION Except as othennnse provided in this Agreement, either party may terminate this Agreement upon thirty (30) days' wntten notification to the other party If this Agreement is so termmated, the terminating party shalt be liabte oniy for performance m accordance with the terms of this Agreement for pertormance pnor to the effective date of termination DISPUTES In the event that a dispute arises under this Agreement, it shall be determined in the followmg manner The Chief of WSP, the Chief of EPD, the Sheriff of SCSO, the Chief of BPD, and the Shenff of KCSO wdi each appomt one member to the Dispute Board The Dispute Board shall evaluate the d�spute and make a dete�rnination of the dispute The determmation of the Dispute Board shall be final and bmding on the parties hereto ORDER OF PRECEDENCE in the event of any inconsistency in the terms of this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by givmg precedence m the following order � 1 Applicable federal and state statutes and regulations 2 Special Terms and Conditions contained m the Statement of Work 3 General Terms and Conditions contained in this Agreement 4 Any other provisions of the Agreement, whether mcorporated by reference or otherwise Page 3 of 4 ALL WRITINGS CONTAINED HEREIN This Agreement contains ail the terms and cond�tions agreed upon by the parties No other understandmgs, orai or otherwise, regarding the subJect matter of this Agreement shall be deemed to exist or to bind any of the parties hereto IN WITNESS WHEREOF, the parties have executed this Agreement WASHINGTON STATE PATROL CITY OF EVERETT John R Batiste Signature Pnnted Name and Title Pnnted Name and Title Date Date SNOHOMISH COUNTY SHERIFF'S OFFICE BREA�ON PO DEPARTMENT / �., ,Dtic� Signature Signatur c��g�Rog€�S.� ol; �A (�,; Pf Printed Name and Title Prmted Name and Title October 26. 2010 Date Date KITSAP COUNTY SHERIFF'S OFFICE APPROVED AS TO FORM Signature Pnnted Name and Title Assistant Attomey General Date Date Page 4 of 4 DATE SUBMITTED April I5, 2009 _ AGENDA BILL CITY OF BREMERTON � CITY COUNCIL ........................................................................................ SUBJECT: Purchase of a sculpture from Committee Meetmg Date N/A Bob Kimball of Poulsbo, Washington COUNC[L MEET[NG Date November 17, 2010 Department DCD Presenter Em�ly Russell, Arts Comm Phone Pam Bykonen 473-5202 SUMMARY The Arts Commission opened a Call for Sculpture Artists on October 1, 2008 The Call closed on December 31, 2008 and resulted in 75+ artist applications from around the US After a lengthy selection process, the Arts Commission nazrowed their choice to seven artists Bob Kimball is an artist team located m Poulsbo, WA He has proposed to create a pedestnan scale sculpture titled "With Attitude" to be mstalled on Pacific Avenue ATTACHMENTS: Proposed contract, scope of work, and mvoice A Proposed contract with Bob Kimball B Image of proposed sculpture FISCAL IMPACTS (Include Budgeted Amount) $7,100 00 from the 1% For Arts program fund APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR COMMITTEE CHAIR COUNCIL PRESIDENT CONSENT AGENDA � GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the contract with Bob Kimball to purchase a sculpture to be msta(led on Pacific Avenue and authonze the Mayor to finalize and execute the agreement with substanttally the same terms and conditions as presented COUNCIL ACTION• 'Approve Q Deny ❑ Table ❑ Continue ❑ No Act�on CONTRACT FOR COMMISSIONED ARTWORK THIS CONTRACT is entered mto by CITY OF BREMERTON (the "City"), havmg its prmcipal offices at 345 — 6�' Street, Suite 600 and Bob Kimball, (the "Artist") whose principal address is PO Box 2167 Poulsbo, WA 98371 Telephone (360) 697-5566, E-mad kimbalidesigns@earthlmk net In consideration of the mutual bene�ts and covenants contamed herein, the City and the Artist agree as follows SECTION 1 EFFECTIVE DATE OF CONTRACT The Contract will become effective on execution and terminate on installation and final approval In no event will the Contract become effective unless and untd it is approved and executed by the City Council SECTION 2 SERVICES TO BE PROVIDED 2 1 A description of the services to be performed by the Artist is set forth m Exhibit A Description of Services, which �s attached to the Contract and incorporated by this reference 2 2 The Artist agrees to provide his own labor and materials Unless otherwise provided for in the Contract, the City will furrnsh no material, labor or facdities 2 3 The Artist wdl perform the work specified in the Contract according to standard industry practice 2 4 The Artist wdl complete his work in a timely manner and in accordance with the schedule agreed to by the parties 2 5 The Artist wdl perform the services set forth above and required under this contract in a satisfactory and competent manner Should the Artist employ and subcontract with any third persons in the perFormance of this contract, the Artist agrees that all such third persons wdl be bound by the terms and conditions of this contract The Artist agrees to comply with all applicable city, local, state and federal laws, regulations and ordmances regardmg perFormance of all work necessary to complete the services contracted for herein 2 6 The Artist wdl confer with the Arts Commission and City staff from time to time during the progress of the work The Afist wdl prepa�e and present status reports and other information that may be pertinent and necessary, or as may be requested by the Arts Commission or mandated m Exhibit A 2 7 The City will be responsible for the construction of and materials for the mstallation site, any right-of-way and/or budding permits required, physical installation of the artwork, signage restricting any person(s) from climbmg on or disturbing the art in any way, and signage identifymg the artist and piece SECTION 3. CONTRACT REPRESENTATIVES The City and the Artist wdl each have a contract representative A party may change its representatwe upon providing wntten notice to the other party The parties' representatives are as follows City's Contract Representatrve Pam Bykonen 345b — 6'" Street, Suite 600 Bremerton, WA 98337 360-3473-5202 360-473-5278 (fax) Pam Bykonen@ci bremerton wa us Contractor's Contract Representatrve Bob Kimball PO Box 2167 Poulsbo, WA 98370 (360) 697-5566 kimballdesigns@earthlmk net SECTION 4 COMPENSATION 4 1 A description of the compensation to be paid to the Artist is set forth in Exhibit B Compensation, which is attached to the Contract and incorporated by this reference 4 2 The total amount payable under the Contract by the City to the Artist in no event wdl exceed $7,100 00 4 3 The City shall work with the artist to determine dates of completion for stages of the pro�ect The artist may submit an invoice to the City after each stage is completed Sub�ect to the other provisions of the contract, the City will generally pay such an invoice within 30 days of receiving it It is understood that the City has no obligation regarding sales commissions or any agreements with galleries or agents with whom the Artist may have contracted 4 4 The Artist wdl be paid only for work expressly authorized in the Contract 4 5 The Artist wdl not be entitled to payment for any services that were performed prior to the effective date of the Contract or after its termination, unless a provision of the Contract expressly provides otherwise 4 6 If the Artist fads to comply with any terms or conditions of this contract or to provide in any manner the work or services agreed to herem, the City may withhold any payment due the Artist untd the City is satis�ed that correctwe action, as specified by the City, has been completed This right is m addition to, and not m lieu of, the City's right to termmate this contract 4 7 In the event that the Artist breaches any of the obligations, terms and conditions of this contract, has failed to provide in any manner the work or services agreed to herein, and if the City deems said breach to warrant corrective action, the following sequential procedure shall be followed 1 The City shall notify the Artist in writmg of the nature of the breach, 2 The Artist shall respond m writmg within ten (10) working days of his/her receipt of such notice, and indicate in the response the steps being taken to correct the speci�ed non-compliance actions constitutmg breach The corrective action plan shall specify the proposed completion date for bnnging the Contract into compliance, 3 The City shall and hereafter notify the Artist in writmg of the City's determmation as to the sufficiency of the Artist's corrective action plan The determination of sufficiency of the Artist's corrective action plan shall be at the sole discretion of the City, 4 In the event that either the Artist does not respond or provide a corrective action plan withm ten (10) working days or the Artist's corrective action plan is deemed to be msufficient, the City may teRrnnate this contract m whole or m part pursuant to the Termination Section, 5 In add�tion, the City may withhoid any payment owed the Artist and/or prohibit the Artist from mcumng additional expenses untd the City is satisfied that corrective action has been taken or completed, and 6 Nothmg herein shall be deemed to affect or waive any rights the parties may have pursuant to the Termination Section 4 8 The contract amount is inclusive of all applicabie state and federal taxes mcludmg any Washmgton State Sales Tax owed by the City as a result of this contract It is the responsibility of the Artist to remit any sales taxes to the Washington State Department of Revenue SECTION 5 AMENDMENTS AND CHANGES IN WORK - WARRANTIES 5 1 The Artist warrants that the design or work being commissioned is the original product of his/her own creative efforts 5 2 The Artist shall be responsible for a period of one year from the date of mstallation of the Artwork for the integrity of the materials and fabrication techrnques of the artwork Artist's liability for breach of this warranty shall be limited to the cost of repairs of the artwork The responsibdity for the determination of the Artist's liability for faults or defects in the work during the one-year period shall be solely that of the City The Artist is not expected to warrant damages caused by vandalism, acadents, normal wear and tear and natural occurrences such as storms, fires, floods and earthquake damage 5 3 In order to be effective, any Contract renewal, amendment or modification must be in writing, be signed by both parties and be attached to the Contraet Work under a renewal, an amendment or a modification may not commence untd the renewal, amendment or modification has been approved by the Arts Commission, as well as the City Council, and has become effective 5 4 The City may request that the Artist provide additional services beyond those required in the Scope of Service These additional services, if performed due to unusual circumstances outside the Artist's contract which cause the Artist extra work and expense, shall be paid for by the City m addition to the agreed upon fee set forth in paragraph 4 2 above, provided that the Artist first obtains prior authorization of the extra expense(s) by the City SECTION 6 HOLD HARMLESS AND INDEMNIFICATION 6 1 The Artist will hold harmless, mdemnify and defend the City, its officers, officials, employees and agents, from and agamst any and all claims, actions, suits, liability, loss, expenses, damages and �udgments of any nature whatsoever, includmg reasonable costs and attorneys' fees in defense thereof, for in�ury, sickness, disability or death to persons or damage to property or business, caused by or arismg out of the acts, errors or omissions of the Artist, its officers, employees or agents in the perFormance of the Contract Provided, however, that the Artist's obligation under this provision will not extend to inJury, sickness, disability, death or damage caused by or arising out of the sole negligence of the City, its officers, officials, employees or agents The ArtisYs duty extends to the claim by Contractors or any subcontractor's officers, employees or agents For the purposes of this mdemni�cation provision, the Artist expressly waives its immurnty under Title 51 (Industnal Insurance) of the Revised Code of Washington and acknowledges that this waiver was mutually negotiated by the parties 6 2 Provisions of this section shall survive the expiration or termmation of this agreement 6 3 The Artist's obligations under these provisions mclude, but are not limited to, mvestigatmg, adJusting and defendmg all claims allegmg loss from action, error or omission, or breach of any common law, statutory or other delegated duty by the Artist, the Artist's empioyees, agents or subcontractors SECTION 7 INSURANCE 7 1 Commercial Liability Insurance coverage is not required durmg the design phase of this contract or whde the Artist is completmg work on the artwork m his/her studio Prior to the commencement of any on-site fabrication, the Artist and/or his/her subcontractors shall purchase and maintain for the duration of any on-site fabncation, commercial liabdity msurance in the amount of $1,000,000 00 agamst claims for in�uries to persons or damages to property that may arise from, or m connection with, the perFormance of work done by the Artist, his/her agents, representatives, employees, and/or subcontractors A The Artist and/or his/her subcontractors shall pay for the costs of the required insurance B All insurance policies shall name the City of Bremerton, its officers, o�cials, employees and agents as additional msureds as respects liability arising out of activities performed by or on behalf of the Artist in connection with this Contract C Any deductibles or self-insured retentions must be declared to, and approved by, the City The deductibie and/or self-insured retention of the policies shall not apply to the Artist's liability to the City and shall be the sole responsibdity of the Artist � D The Artist's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought E The Artist's insurance coverage shall be the pnmary msurance as respect to the City, its officers, officials, employees, and agents Any insurance and/or self-insurance maintamed by the City, its officers, officials, employees, or agents shall not contnbute to the Artist's msurance or benefit the Artist in any way 7 2 WORKERS COMPENSATION Coverage as required by the Industrial Insurance Act of the State of Washmgton, Title 51, Revised Code of Washington 7 3 PROFESSIONAL LIABILITY Visual Artists do NOT require professional liability msurance However, in the event that services delivered as a part of this contract require professional services, Professional Liabdity, Errors and Omission coverage shall be provided "Professional Services", for the purpose of this contract section shall mean any services provided by a licensed professional, such as structural review or engineering 7 4 The Artist will include all subcontractors as insured's under its policies or wdl furrnsh separate certificates and endorsements for each subcontractor All coverage for subcontractors will be sub�ect to all of the requirements stated m these provisions 7 5 The msurance limits mandated for any msurance coverage required by the Contract are not intended to be an mdication of exposure, nor are they limitations on indemrnfication 7 6 Ve�ification of Coverage and Acceptability of Insurers A If the Artist performs any on-site fabncation the Artist shall place insurance with msurers licensed to do busmess m the State of Washmgton and havmg A M Best Company ratmgs of no less than A-VII, with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with msurers or re-insurers licensed in the State of Washmgton B If the Artist performs any on-site fabrication, the Artist shall furnish the City with properly executed certificates of msurance or a signed policy endorsement that will clearly evidence all insurance required in this Section within 10 days after the effective date of the Contract The certificates wili, at a minimum, list limits of liability and coverage The certificate will provide that the underlymg msurance contract may not be materially changed, canceled, or allowed to expire, except on 30-days' prior written notice to the City Any certificate or endorsement limiting or negating the insurer's obligation to notify the City of cancellation or changes must be amended so as not to negate the intent of this provision C If the Artist performs any on-site fabrication the Artist shall furnish the City with evidence that the additional-msured provision required above has been met Acceptable forms of evidence are the endorsement pages of the policy showing the City as an additional msured D Written notice of cancel�ation or change shall be mailed to the City at the following address Risk Management Division City of Bremerton Legal Department 345 — 6�' Street, Suite 600 Bremerton, WA 98337 E If the Artist performs any on-site fabrication, the Artist or his/her broker shall provide a copy of all insurance policies specified in the Contract upon request of the City of Bremerton Risk Manager SECTION 8 TERMINATION 8 1 The City may terminate the Contract in whole or m part whenever the City determmes, in its sole discretion, which such termination is in the best interests of the City The City may termmate the Contract upon giving the Contractor 10-days' written notice In that event, the City will pay the Contractor for all costs incurred by the Contractor in performmg the Contract up to the date of such notice, sub�ect to the other provisions of the Contract 8 2 If fundmg for the underlying pro�ect or matter is withdrawn, reduced or limited in any way after the Contract is signed or becomes effective, the City may summarily terminate the Contract notwithstanding any other termmation provision in the Contract Termination under this provision will be effective upon the date specified m the written notice of termmation sent by City to the Artist No costs incurred after the effectwe date of the termination will be paid 8 3 If the Artist breaches any of its obligat�ons under the Contract, and fails to cure the breach within 10 days of written notice to do so by the City, the City may tenninate the Contract In that event, the City wdl pay the Artist only for the costs of services accepted by the City Upon such termmation, the City, at its discretion, may obtam performance of the work elsewhere, and the Artist wdl bear all costs and expenses incurred by the City in completing the work and all damages sustained by the City by reason of the Artist's breach SECTION 9 ASSIGNMENT, DELEGATION AND SUBCONTRACTING 9 1 The Artist wdl perform under the Contract using only its bona fide employees or agents, and the obligations and duties of the Artist under the Contract wdl not be assigned, delegated or subcontracted to any other person or firm without the prior express written consent of the City 9 2 The Artist warrants that it has not paid, nor has it agreed to pay, any company, person, partnership or firm, other than a bona fide employee working exclusively for Artist, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resultmg from the award or makmg of the Contract SECTION 10 INDEPENDENT CONTRACTOR 10 1 The Artist's services wdl be furrnshed by the A�tist as an independent contractor and not as an agent, an employee or a servant of the City The Artist specifically has the right to direct and control ArtisYs own activities in providing the agreed services in accordance with the specifications set out in the Contract The Artist and/or his/her agents or employees and/or sub- contractors shail make no claim of career service or civil service rights which may accrue to a City employee under state or local law 10 2 The Artist acknowledges that the entire compensation for the Artist is set forth in the compensation provisions of the Contract and the Artist is not entitled to any City benefits, includmg, but not limited to vacation pay, holiday pay, sick leave pay, medical, dental or other insurance benefits, frmge benefits, or any other rights or priv�leges afforded to City employees 10 3 The Artist will have and maintam complete responsibdity and control over all of its subcontractors, employees, agents and representatives No subcontractor, employee, agent or representative of the Artist wdl be or be deemed to be, or act or purport to act, as an employee, agent or representative of the City 10 4 The City assumes no responsibdity for the payment of any compensation, wages, benefits, or state and/or federal taxes by, or on behalf of, the Artist The Artist shall protect, indemnify and hold harmless the City its officials, officers, agents, and employees from and against any and alt claims, costs, and/or losses whatsoever occurring or resulting from 1) The Artist's failure to pay any compensation, wages, benefits, or taxes, and/or 2) The Artist's receipt of work, services, materials, or supplies from the Artist's employees, suppliers or sub-contractors m connection with or support of the Artist's performance of services contracted for herein 10 5 The Artist further agrees that he/she is financially responsible for and will repay the City all indicated amounts foilowing an audit which occurs due to the negligence, intentional act and/or failure fo� any reason to comply with the terms of this contract by the Artist, his/her employees, or agents The Artist's obligation to repay the City shall not be dimmished or extmguished by the pnor termmation of the contract pursuant to the Duration of Contract, or the Termination Section SECTION 11 NONDISCRIMINATION 11 1 The Artist, its assignees, delegates o� subcontractors wdl not discrimmate against any person in pe�formance of any of its obligations under the Contract on the basis of race, color, creed, religion, national origin, age, sex, marital status, sexual onentation, veteran status or the presence of any disabdity SECTION 12 OWNERSHIP OF MATERIALSIWORKS PRODUCED 12 1 The Artist and City agree that any proposal to alter, modify, or otherwise change the work of the Artist shall be first discussed with the Artist The City wdl make a good faith effort to contact the Artist and obtain written approval to proceed with the proposed alteration, modification, or change, such approval shall not be unreasonably withheld by the Artist If an alteration, modification or change should occur, the Artist reserves the right to request that the work no longer be represented as the work of the Artist and to have his/her name removed from any plaque or other identification of the Artwork provided that the Artist shall make this request to the City m writing 12 2 The Artist agrees the City wilt be granted royalty-free the authority to mcorporate the pro�ect artwork in construction documents for the purposes of constructmg and completing the pro�ect 12 3 The Artist shall have the right to photograph, or contract to have the pro�ect photographed, durmg and upon completion of construction and to provide these photographs for publication 12 41f the Artist chooses to register the pro�ect and a copyright is registered with the US Copyright Office, the Artist shall provide the City's contract admirnstrator with a copy of the application for registration, the registration number and the effective date of registration Except as provided in this Agreement, the Artist retains all copyrights m the proJect includmg its preliminary design and incidental works created for the Pro�ect 12 5 The Artist hereby grants the City permanent, assignable, non-exciusive royalty-free permission to make, or cause to be made, photographs and other two dimensional reproductions and models of the pro�ect for educational, pro�ect awards, public relations, tourism, arts promotional purposes without payment of a royalty to the Artist For purposes of this Agreement, the followmg are among those deemed to be permissible reproductions for the above cited purposes brochures and pamphlets pertaining to the Engmeer and Owner, reproduction m exhibition catalogues, pro�ect awards, books, slides, photographs, postcards, posters, and calendars, in art magazines, art books and art and news sections of newspapers, in general books and magazines not pnmardy devoted to art, slides and film strips, and television On any and all such reproductions a credit to the Artist will appear The Artist agrees that all written references to and reproductions of the pro�ect shall include the Artist's name, the title of the work, and the following credit line "This pro�ect was sponsored by the City of Bremerton's 1% For Arts program " SECTION 13 PATENT/COPYRIGHT INFRINGEMENT 13 1 The Artist wdl hold harmless, mdemrnfy and defend the City, its officers, officiais, empioyees and agents, from and against any claimed action, cause or demand brought against the City, where such action is based on the claim that information supplied or work performed by the Artist or subcontractor mfrmges any patent or copyright or other intellectual property or proprietary nght The Artist wiil be notified promptly in writmg by the City of any notice of such claim SECTION 14 DISPUTES 14 1 Differences, disputes and disagreements between the A�tist and the City arismg under or out of the Contract will be brought to the attention of the City at the earliest possible time so that the matter may be settled or other appropriate action promptly taken The City's contract representative or designee wdl decide any dispute relating to the quality or acceptabdity of performance or compensation due the Artist All rulings, orders, instructions and decisions of the City's contract representative will be final and concluswe SECTION 15 MISCELLANEOUS 15 1 No Waiver The parties agree that the excuse or forgiveness of performance, or waiver of any provisions of the Contract, does not constitute a waiver of such provision or future performance, or preJudice the right of the waivmg party to enforce any of the provisions of the Contract at a later time 15 2 Tax Payments The Contractor will pay all applicable federal, state and local taxes, fees (including licensing fees) and other amounts 15 3 Personnel Removal The Contractor agrees to remove immediately any of its subcontractors, employees, agents or representatives from assignment to perform services under the Contract upon receipt of a written request to do so from the City's contract representative or designee 15 4 Legal Compliance The Contractor and its subcontractors, employees, agents and representatives wdl comply with all applicable federal, state and local laws, rules and regulations in their performance under the Contract 15 5 The Artist and/or his/her subcontractors, shall maintain records m accordance with generally accepted accountmg procedures and other evidence of all expenses mcurred in the perFormance of this contract The City and/or Federal/State officials shall, for the purpose of examination and audit, have access to and be permitted to inspect such records and other evidence of costs and expenses charged to the City and/or incurred for the Artwork for a period of six (6) years after termmation of contract 15 6 Severability If a court of competent Jurisdiction holds any provision of the Contract to be illegal, invalid or unenforceable, in whole or m pa�t, the validity of the remainmg provisions wdl not be affected, and the parties' rights and obligations will be construed and enforced as if the Contract did not contain the particular provision held to be invalid if any provision of the Contract conflicts with any statutory provision of the State of Washmgton, the provision will be deemed inoperative to the extent of the conflict or modified to conform to statutory requirements 15 7 Entire Agreement The parties acknowledge that the Contract is the complete expression of their agreement regarding the sub�ect matter of the contract Any oral or wntten representations or understandmgs not incorporated in the Contract are speci�cally excluded 15 8 Notices Any notices wdl be effective if personally served upon the other party or if mailed by registered or certified mad, return receipt requested, to the addresses set out in the contract representative's provision of the Contract Notice may also be given by facsimde with the original to follow by regular mad Notice wdi be deemed to be given three days foltowmg the date of mailmg, or immediately if personally served For service by facsimile, service will be effective at the begmrnng of the next working day CITY OF BREMERTON ARTIST (Signature) (Signature) By JoAnn Vidinhar By Bob Kimball IYs Actmg Director of Commurnty Development It's Artist/Contract Representative Date Date Approved as to form Received for fding Bremerton City Attorney City Clerk EXHIBIT A DESCRIPTION OF SERVICES . *,►,►.. *,►. *. �. * *,►.,►..,►*,►.... CONTRACT FOR COMMISSIONED ARTWORK Bob Kimball (the "Artist") and City of Bremerton, (the "City") mutually agree that the Artist create artwork for the "Sculpture on Pacific Avenue" (the "Pro�ect") The Artist wdl be expected to coordinate the fabrication and date of mstallation of the artwork with the Arts Commission Staff The Artist agrees that an essential element of this agreement is the skdl and creativity of the Artist The Artist, therefore, shall not assign the creative or a�tistic portions of the work to another party without the consent of the City Design and proposal development has been completed by the A�tist under a separate contract Issuance of this contract will be considered notice to proceed to fabrication and implementation of the approved design The Artist shall • Notify the Arts Commission if a sigrnficant change occurs in the scope, material, design or sitmg of the work subsequent to preliminary design approval, and submit the proposed changes for review prior to implementing the changes • Warrant that the work is an original product of his/her own creative effort • Guarantee the integrity of the materials and fabrication and installation techrnques for a period of one year after mstallation • Specify the limit of the edition if an artwork is selected which can be reproduced as an edition • Notify City of Bremerton's Arts Commission staff of any changes of add�ess during the pro�ect and followmg compietion of the pro�ect for as long as the City shall own the artwork • Provide regular reports to the Arts Commission as to the status of the pro�ect during the construction phase The Artist wUl allow for studio visits from the Arts Commission as requested by Arts Commission staff Implementation 8 Fabrication A The artwork will consist of See attached proposal from artist B The total budget shall not exceed $7,100 00 for the fabrication and delivery of the artwork An approved budget is attached as part of this contract The Artist shall provide all labor and materials necessary to produce and complete a fmished work of art and delivery of artwork C The artwork must be completed m accordance with the construction schedule The estimated completion date is January 31, 2011 This date may be amended by mutual agreement of the Artist and the City 1 The Artist shall be responsible for completion of fabrication and delivery of the artwork in accordance with the agreed upon schedule The Artist wdl seek out regular updates from the Arts Commission Staff regarding the schedule for completion and mstallation of the artwork 2 The Artist shall coordinate the schedule for implementation and completion of all studio fabncation with the Arts Commission staff 3 The Artist shall coordmate all activities necessary for delivery and implementation of any on-site fabrication with A�ts Commission staff Artists and their sub-contractors must comply with all provisions provided by the A�ts Commission staff or the Pubiic Wo�lcs Manager for working within the pro�ect areas D In the event that the Artist must make changes to the design durmg construction, the Artist shall present any sigrnficant changes m the scope, design, character or medium of the pro�ect to the City for approval Significant aesthetic changes must be approved by the Arts Commission E In the event that the City must make changes to the designated artwork site during construction, the Artist will be noti�ed immediately of the proposed changes The Arts Commission staff and Pro�ect Manager wdl work with the Artist to find means of mitigatmg any negative impacts to the art pro�ects Any changes required of the Artist shall require a written change order and the increased cost of such change order m A�tist's labor and materials shall be added to the contract amount F The Artist wdl provide information to the City regarding materials and finishes to be used m the creation of the artworks Substitutions may be requested by the City in the event that the proposed materials do not comply with health and safety issues, ADA requirements or fire code ratings G Upon completion of the artwork and prior to final payment, the Artist must 1 Make public presentations regardmg the artwork as requested by Arts Commission staff 2 Provide photographic documentation of the artwork at the completion of the pro�ect Photographic documentation will be submitted in the form of one (1) black and white 8'x10" photograph and five (5) digital color images on a compact disk (CD) 3 Submit a maintenance report for the pro�ect to the Arts Commission staff The report will provide detailed instructions regarding routine and extraordinary maintenance of the artwork, includmg specifications for any replaceable urnts or specialty fabncated parts such as tdes, grates, grouts, paint colors, or other surFace firnshes, plantmgs, or multiple- cast elements 4 Submit an ArtisYs statement concerrnng the artwork purchased under this agreement, and 4 Submit the Artist's professional resume i EXHIBIT B COMPENSATION � PAYMENT SCHEDULE The Artist will be paid a total of $7,100 00 for the scope of work included in this contract The payments will be made as follows 1$7,100 00 upon delivery of completed artwork, receipt of support materials, and final acceptance of the artwork Estimated completion date to be determined At each fee/fabrication mdestone outlmed above, the Artist wdl submit a brief written report, which describes pro�ect progress to date The Artist should submit samples of materials if they are available All Invoices should be mailed or delivered to Pam Bykonen, Clerk City of Bremerton 1% For Arts Program 345 — 6�' Street, Suite 600 Bremerton, WA 98337 The Artist will submit the fmal mvoice and other documents as are required by this Contract within sixty (60) days of completion of the Scope of Service Unless waived by the City in writmg, failure by the Artist to submit the final invoice and required documents will relieve the City from any and all liability for payment to 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S �'[,� . �1� �. � "��'r ?"� ��t��, 3 } � �y* � - _ ',,�. " r ,�_'�'�i;� �+t-..�sy 'P'3 �.i. ` � 7 �t4y,7� � � � f-' ' ' � �� . �- � � . .-� 1' � ' 1 1 DATE SUBMITTED November 10, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Ordmance No �2� amendmg Committee Meeting Date November 9, 2010 Chapters 2 09 and 2 10 of the Bremerton COUNCIL MEETING Date November 17, 2010 Municipal Code relating to reorganization of Department Financial Services the Information Technology department Presenter Roger Lubovich/Cathy Johnson Phone 473-2355 473-5296 SUMMARY: Staff is proposmg an amendment to Title 2 BMC relating to the reorgamzation of the Information Technology department m order to obtam greater efficiency m the provision of admm�strative and support services for the City The recommended change moves the Information Technology function to the Director of Financial Services ATTACHMENTS: Ordinance No 5� 2 � FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY _ _ _ FINANCE DIRECTOR "� MAYOR COMMITTEE CHAIR COUNCIL PRESIDENT CONSENT AGENDA � GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve Ord�nance No 5/2 S amendmg T�tle 2 BMC relatmg to the reorganization of the [nformation Technology department COUNCIL ACTION (�Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. 5 ( 2 `� AN ORDINANCE of the City Council of the City of Bremerton, Washmgton, amending Chapter 2 09 of the Bremerton Municipal Code entitled "Department of Financial Services", and Chapter 210 of the Bremerton Mumcipal Code entitled "Department of Public Works and Utilities", relating to reorgamzation of Information Technology WHEREAS, the City Counctl desires to amend chapters of the Bremerton Municipal Code relating to city departments in order to obtain more efficiency m the provision of certam admimstrative services of city government, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Chapter 2 09 of the Bremerton Mumcipal Code entitled "Department of Financial Services" is hereby amended to read as follows Chapter 2.09 DEPARTMENT OF FINANCIAL SERVICES 2.09 O10 DEPARTMENT CREATED. There is hereby created the Department of Financial Services (a) Divisions The Department of Fmancial Services shall consist of the followmg divisions, as well as any other divisions estabhshed by the City Council 1 Finance, 2 Office of the Crty Clerk, 3 Human Resources, 4 Informahon Technology, and 45 Bremerton I{itsap Access Television (BKAT) (b) Duties Director of Financial Services shall be in charge of the Department of Fmancial Services and all divisions established thereunder The duhes enumerated in each division as set forth in this chapter may be reassigned withm the Department of Fmancial Servtces at the discretion of the Director of Financial Services for the purpose of achievmg work efficiencies The Director of Financial Services is also responsible for the management of the Conference Center Operating Fund 2.09.020 DIRECTOR OF FINANCIAL SERVICES AND DIVISION MANAGERS - POSITIONS CREATED AND APPOINTMENT (a) Department Director - Appointment There is hereby created the position of Director of Financial Services who shall be in charge of the Department of Financial Services and all divisions established thereunder The Director of Financial Services shall have complete charge of all of the work of the Department and shall be responsible for hinng and supervismg employees of the Department The Director of Financial Services shall be appomted by the 1 Informat�on Tecl:nology Mayor, sub�ect to confirmat�on by the City Council, on the basis of professional expenence, education and demonstrated knowledge of accepted practices relating to the duties of the department All appointees to the position of Director of F�nancial Services are terminable at will by the Mayor as set forth in Chapter 2 OS BMC (b) Division Managers - Appomtment There are hereby created the positions of Finance Officer, Human Resources Manager, City Clerk, Information Technology Mana�er and Public Access Manager as managers for their respective divisions The managers (hereinafter "managers" or "division managers") shall manage the operations of the�r respective divisions and shall report directly to the Director of Financial Services The division managers shall be appomted by and shall serve at the pleasure of the Director of Financial Services, sub�ect to the approval of the Mayor, on the basis of professional expenence, education and demonstrated knowledge of accepted practices relatmg to the duties of the division All appointees to the division manager positions shall serve as "at will" employees sub�ect to termmation by the Director of Financial Services without cause at any time with no notice or heanng unless otherwise provided pursuant to applicable rule or regulation, the City Charter, ordmance, or terms and conditions as approved by the City Council 2.09.030 FINANCE DIVISION CREATED - DUTIES. There is hereby created the Finance Division for the purpose of performmg all finance and accountmg functions of the City of Bremerton The division shall be managed by the Finance Officer who shall serve as the City Treasurer It shall be the duty of the Fmance Officer to (a) Be responsible for assistmg m the management of the City's mveshnent and debt portfolios (b) Assist City admmistrahon in budget preparation and monitonng (c) Maintam the accounting system in accordance with generally accepted accounting pnnciples (GAAP) (d) Mamtam the payroll system (e) Exercise control of accounts payable and purchasmg ( fl Maintam an inventory of caprtal assets (g) Collect and account for all Crty funds The Finance Officer shall perform such other duties as the Mayor and Director of Financial Services may direct or as may be required by law 2.09.9�A040 OFFICE OF THE CITY CLERK CREATED - DUTIES. There is hereby created the Office of the City Clerk for the purpose of performing all records management functions of the City The division shall be managed by the City Clerk It shall be the duty of the City Clerk to act as the official records keeper of the City and m such capacity shall perform those duties as required by the laws of the State, City Charter or City Code The City Clerk shall perform such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law 2 Informatron Technology 2.09.968050 OFFICE OF HUMAN RESOURCES CREATED - DUTIES. There �s hereby created the Office of Human Resources The division shall be managed by the Human Resources Manager It shall be the duty of the Human Resources Manager to (a) Ass�st City departments w�th recru�tment, testing and hinng as appl�cable (b) Advise City departments on profess�onal personnel management practices including performance evaluations and employee relations (c) Support City labor negotiator and negotiations advisory team (d) Conduct employee trammg and counselmg (e) Admimster employee benefit programs (� Mamtam personnel records (g) Perform salary surveys (h) Serve as haison between the admimstrahon and Ctvil Service Commission (1) Coordinate temporary placements m support of the City Workers Compensation Program The Human Resources Manager shall perform such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law 2.09 060 INFORMATION TECHNOLOGY DIVISION CREATED - DUTIES There is herebv created the Informahon Technolog Division for the purpose of performmQ all mformation technolo�v onerations of the City The division shall be managed b y the Information Technolo v Mana�er It shall be the dutv of the Information Technolo�y Manager to (a) Direct the activrties of the Information Technolog division wrth t he resnonsibilitv to nrovide technolo�ical leadership in svstems plamm�g implementation and sunnort programs (b) Direct the develonment and mamtenance of long range information nrocessmg plans and budgets (cl Act as a contact nerson with user departments respondmQ to and analyzmg their mquines The Information Technolo�v Mana�er shall perform such other duties as the Mavor or the Director of Financial Services ma direct or as ma be re uired b law 2.09 8SA070 BREMERTON KITSAP ACCESS TELEVISION (BKAT) DIVISION CREATED - DUTIES. There is hereby created the Bremerton ICitsap Access Television (BKAT) Division for the purpose of performmg all public access television functions of the City The division shall be managed by the Public Access Manager It shall be the duty of the Public Access Manager to manage the production, programming and operation of the local access television station The Public Access Manager shall perform such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law SECTION 2 Section 2 10 030 of the Bremerton Municipal Code entitled "Duties" relating to the Department of Public Works and Utilities is hereby amended to read as follows 3 Informat�on Technology 2.10 030 DUTIES. The D�rector of Public Works shall provide for the operation, ma�ntenance and administration of engmeenng, streets and public works, capital pro�ects, facilities, equ�pment services, and mumcipal utilities owned or acqu�red by the City mcluding, but not l�m�ted to the following (a) Establish and mamtam centralized public works and utilities including business operations, customer service and billmg, capital pro�ects management, property management and facilities mamtenance (b) Manage public works and utilities engmeenng proJects, including field surveys, grant applications, financing, drawings and specifications, permitting, mspections, construction pro�ect and contract management and records management (c) Manage public works field operations mcludmg construction and maintenance of streets, electronic commumcations equipment, tra�c signs and signals and street lightmg programs (d) Manage utility operations including construction and mamtenance work on sanitary, storm, and water distnbution and collection mfrastructure and systems, meter reading, mstallation and repair services and First Response customer service program (e) Manage all aspects of water sources, quality, treatment and compliance with applicable regulations, mcluding operation and maintenance of water delivery systems, storage and supply resources (� Manage wastewater pretreatment, treatment, sanitary systems mamtenance and operations (g) Manage watershed operations mcluding forest management and wastewater solids programs (h) Manage all aspects of fleet mamtenance and equipment services The Director of Public Works shall perform such other duhes as the City Council or Mayor may direct or as may be required by law SECTION 3. Sever! If any one or more sections, subsections, or sentences of this ordmance are held to be unconstitutional or mvalid, such decision shall not affect the validity of the remaimng portion of this ordmance and the same shall remam m full force and effect SECTION 4 Eff'ective Date This ordmance shall take effect and be m force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the day of 2010 , NICK WOFFORD, Council President 4 Informatron Technology Approved this day of 2010 , PATTY LENT, Mayor ATTEST APPROVED AS TO FORM CAROL ETGEN, Crty Clerk ROGER A LUBOVICH, Crty Attorney PUBLISHED the day of 2010 EFFECTNE the day of � 2010 ORDINANCE NO ' R \C drvis�on2010 doc $ Informatcon Technology DATE SUBMITTED AGENDA BILL I CITY OF BREMERTON CITY COUNCIL � I . ...................................................................-.................... SUBJECT: Council Confirmahon of a new Committee MeeLng Date November 10, 2010 Director of Fmancial Services COUNCIL MEETING Date November 17, 2010 Department Executave Presenter Mayor Lent Phone 473-5266 S[TMMARY: BMC Chapter 2 50, Section 2 50 032 (a) requires Counc�l confumat�on for the appointment of a Department Director Council confirmation is requested to hire Rabecca Hasart as Du�ector of Fmancial Serv�ces Mrs Hasart's career spans 15 years m the pubhc sector as Fmance Du�ector/City Clerk with the City of Washougal and Finance Manager with the City of Dupont She holds a Bacheors Degree m Business Admimstrahon with emphasis in Accounting from the University of Washmgton and has completed one year towards an Executrve Masters of Pubhc Admmstrahon Due to Ms Hasart's educaUon and expenence a tunrig level of Step 3 has been negohated ATTAC�IlVIENTS: Resume and Letter of Engagement outluung the negohated terms of her employment vv�th the City of Bremerton FISCAL IMPACTS (Include Budgeted Amount) Posihon is fully funded APPROVALS: DEPART'MENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR COMMITTEE CHAIR , COUNCIL PRESIDENT �,,. CONSENT AGENDA � GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: I move to confum the appomtment of Rabecca R Hasazt as the new Duector of Financial Services for the City of Bremerton under the terms and condrtions outlmed m her Letter of Engagement COUNCIL ACTION: Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action I I Rab�c;ca R E (asart tihlLl,� �l�titil4 1RY "Iiud��Un� �o�t m.ilvtii, ,md *I)�vc.lupmcnt ot ��nnual rcpurt "M u��r,:r purc.h.ising �um�►li �n�e � ipit.il lin,uium, *C a,h an� risk mana��mc.nt *�tanagr Jirect .inJ mdirut uat� *f KP implunun.�hon and pro�t�t *Rcgulatury compliance • Tar �.umph.�n�e repurtmg mana�cm�nt *Ue.��lc�p internal cuntrols ind 'De�tlop yu.trtrrly tinan�i �Iti "I)�v�lup �rc�uUv� I�v�l pul��eti pertorm in[c.rnal audits *A P aiR tre�u�ry ,uicl p �yrull ,uiJ proc�dur�s *l3undmg and �rant managemcnt *Sal�s, us� anJ pa�rull tates '�Ilev�lup �equest� tor prop�nals 'Account reconaliations �ind *FireJ �SSdt tracking *Cunlr.��t aw.ird and complian�e Juurnal �ntr�es •Ercrl Wurd, PowrrPoint FXNERIENCE C �tv of Wushnugal I"01 C Strert WAShougal, WA 98671 July 2001 —�pr ?009 Finun�c D�rector/C�ty Clerk • Crcate and tac.il�tate the annua) and lon�-term (strate3��) buJ�ets tor �II a�rncy upcianons incluJin�; program �ost analysis • Oversec, the �ompilahun ut the aguuy 5 annusl repurts (C 4FR) to in,ure cumplian�e �v►th G�� aP F�\SB and (, \�B • R�tipunsible for all monthly and quarterly rrecutive I��el tin�n�i.ti repornng • Responsible tor.ill tederal, state an� lucal munthly yuarterly and annual tm tncial �ind tar repurtm� and compli.�n�t m�ludtng ,��les, use B�iO ind pa�roll t��r5 • Uversee anJ ne�utiate agen.,y fran�hise agr�emrnt� lsnlid wa�te, cable tran�hisc, �t� 1 • Derclup and pretient,trate�i� anJ I�mg ran�e fis�al puli�} t�r srnior Ic�el e�«ut�ves �tn�l buar�l mcmbrr adoption • Uev�lop long range caprtal facilrties pllns that meet 5tatutorv complience ro �n�lu�le iJenuti�anun ��t relatrd �evenurJtiscal res��ur�c nee�ls • Drtermine �ppmpriate tinancin� Irrrk,md iseue b�mJs thmu�h c.ouper►mr zttort� wrth hond rntmg ��n�ies leg.�l �oun�el anJ un�erwnters • Analyze ind Jeterminc approprr,�te user �hargcs rates tor ��Nency �ntrrpntir, a�ti�ihe� ( v► ittr �ewer, u�lid ��aate �rorm�aater) tc�r e�c.�uUve le�el i�luptwn • �1n il� te .�nJ prup��tir thr u�uu,�l ta�cinL ratr� tur ��e�,,ti�r huar� Ir��l a�lupticm • 4nalyze potenti.►I new state �nJ ted�ral Ic�_ulauon tor organi�,uiunal tinan�ial imp i�ts • l.c,or��nare t,uilitate �n.! �er�e as liais�m with erterntl pr�� ur �n�! �,��vernm�ntal �ucfiturti • Prrfunn mtern��l au�it, tu in,u�r �onipliance tu uz�rrnal �nd rtt�rnal iesulan��m • [�e�cl�►p pres�nt �nd implcrn�nt int�rn.il wntrul piuc.«lur�s ��th ,�n Cmphatia un trau�i pre�rntiun • <<rve iti a�zn�y ris6 m�nagein�nt ��th�er�nJ i�t u li iitiun �rith ihr a��n�� (ItiI� (Tl i(I ,i_��nu,nt puul 1«<uhin�st�m � itt�� In,ur.�n<< authurit� 1 - • llr�elop implrmrnt ind urzr��e �►r_��niz�n��nal n�k rn,uiaerment be�t �+r,i�ti�c5 • f►r�elup E�r��rnt and iniplrm�nt ��rzranne pru«Jure, �u in>urc �� th ��>��nimcr t �I m �n�.�tr, • (l�rrs�e ��_cn�y ti inturm.irn�n t��hnul� I IT ►,i�h+iur� tu �n�lu�� m,ut .l_L'ill!� thz i�,enc.� «i�1e ��m�rrtii�m tu ,i nrw E KP b�i,inr�� s� �ttm • �I �na�,� till � P � R tr uw� in��,�mtnt xn�r,tl ��.I��i ��c„n�il� ui +n incl F� i�iull fun�t�„n� • � )�enre .u��t m u� �� t��l�r il ,r ints }u in urc u �mE li�ui« [o ��1 E� � I , ; �n�l ��„t ,I I�� ,n� �n, .' � , K ►h�«,i 1 I.�.,irt - rc.sumc !' �z� 2 ( �tv oP W.��h��utial cc►oUnu�J • I)ev�lup,tnd �rc�ent pnli�ie� tur.inJ mana�� th� �u� � �,i�h Il�nv d�bt i��uancr in�c•tmcnt a�twiry. and tircd assc.t nsh mana��mu�t • i' im�ip.►te ��n m�►n.�g�mcnt nrgotiahun te.im for �ulle�ti�e h,ir;,�inm�, • M,inage Jrp,�rtm�nta) ,tatt m�mb�rt thruu�!h �ruptr �oa�hin� ,ind p�rtorm.�n�c �ppr u�,tl� utilizinz �t.in��g�m�nt by 1)h��trve (h1E3U1 tuols .uid 5�L\R f_�n,�lti � Repr�srnt the city at e��rious �t.�te lo�.il �in�1 business ;roups ( ity of DuPont I''00 C wic Dri�e DuPoni, WA 98327 Dec 1��9d — lune 20U1 Finance �lanager • titanaged the finan�i tl budgetmg uality billing, and �ourt proc�sscs tor the �ity � tilanaged the city s cayh tlow, debt limits and �n�e,�ment Irvels withm prcscribe�! guidrl�nc5 • Hir�d trained. .�nd revtewc,d ,ippropriate ,tat�' • Scrvr as agenc} n5k managetnrnt otfii�er and ,�ct a� liai�on with the ��ency s ri5k mana �cment poul (AWC-RMSA) • S�r�eJ �m thr Council'� Strategic Plannmg Task Furet workmg �v�th cihctns anJ lu�al bu,me�s membrrs in �ie�rluping long-serm puli�y �ision, �nd gual� lor the �ity Watih�n�;ton Mutual Bunk luly 1988 — Nov 199� In�urancr Superv�sor (�u�ust 19Q3 �Vo�rmher I�)9-3► �«�untnnt 1 1'�pr�l I 991 - luly I��93 ) l'nit Suprrvisur I(Novcmber 1989 — Maich I�)�I ) ( o.�n Service Representatrve(July 1988 —Octc�bcr I�SU) W.�tih�ngtun ;�lutual Bank Seattlz WA • Superv�seJ the h�.ard/fire insuran�e tracking and payment prck,essin� tor mort�za�;� iu�1 �on,um�r i��ans • Hired develuped and supenised line Stat1 • Prepared monitored �nJ maintaine� ,�nnual department buci_�et • ASSiSteJ fcderal .ind �tate auJiturs to in�ure ic.�ulau�ry �ompliane,� • Suppurted all departments with teder,ll �e`,ulatorv �ompli.�n�e i�5ue5 • Redrveloped ,t�lndard ope��tin� pro�z�lur�� tu absorb m�reas�� in wurk rulume �vithuut increases in 5tatfing le�els FUUG�TION I niv�isit� ut W�»hin�ton Ra�helurs c►f �itc - Ru�inrss I��)�► ISeattle WA anJ T�uoma W a) 4�iininistritwn ��th m �mphasi, in 1«ounnne PRi)FFStiIONAI AFFILI \ fl/)ti� ��D 801kD �1F�IBERSHIPS/( E K I!F tC 111(ri� �� t�h�ni� titate Board ut 1��uunt tn�� critih�ate ="'� � 16 (l P� In ��tn� �crtih�.u� h�+1Jc.r) N> >,hm�t��n l ihe. Imurin�e �uthunty F�cr�uti�� (�luimrtt�z k3ua��! �1�mbrr ir�niir� �i1J�J ��pnl '1)i��>> \��l R�11� � l�m�ntittcr ��kmb�r aiid ( h iir i tC�iurr .n��1 lunc. 'i�tl I 1 1in�� i�,in In�htttt� ut l c.rtitiCJ Puhli� \«uunt lnt� t ��iti�i mcmbrr V�n�ouYer C Iark ( uuury fl� Rcr�c�� R��rJ i Flc �,`IF C Fkl3 t1�� r�l) �r.r 4 ! .T` -�' ....em#1` ...... - _ ,_ ' u - 'na �� -""+-:..4�x ya J�"t�� 3 � � t ag�. �a�7xt! p��j tiL+,Y� dr� � .,.'! � u_!�` �'�'� Y 3 � vr t f� ti. � o" � 47 4 � �; �=- =�' � � � �� Patty Lenf, Mayor , ;% _ �� F . ;� +�_ � _, � � � 345 S�xth Street, Suite 600 =.�:,�--� ',;. - �.�'� ..� Y a � ; �� f Breme�ton, WA 98337 ; �ti � �� ;��,�,g�,� ;�Y�-� � � Telephone 360-473-5266 � - - - -' Patty Lent�c� bremerton wa us Office of the Mayor November 4, 2010 DRAFT Rabecca Hasart 1212 NE 160`� Avenue Vancouver, WA 98684 RE: Letter ojEngagement Deaz Rabecca It is vv�th great pleasure that I confirm your appomtment to the posihon of Duector of Fmancial Services pending formal approval by the City Council Your posrtion is exempt and mcluded m the Management classifications under BMC 2 50 as follows Posrtion Duector of Financial Services Department Fmancial Sernces Effect�ve Date December 1, 2010 Rate of Pay $4876 92 Semi-Monthly (Band 22, Rate 3) ($117,046 08 annually) Appomtment/Removal Mayor Supernsor Mayor Benefits Pursuant to BMC Chapter 2 50 (attached) Vacat�on 20 days (pro-rated for 2010) You are an "at vv�ll" employee and may be ternunated by the City vv�thout cause at any time vv�th tturty (30) days notice You may be ternunated for cause, vv�thout notice, and no severance pay sha11 be paid Ttus letter shall constatute your terms and condihons of employment v�nth the City and there are no other wntten or oral agreements that have not been set forth m ttus letter of engagement or covered by Chapter 2 50 of the Bremerton Mucucipal Code (copy attached) Please sign below mdicating your acceptance of our offer of employment as outlined above for the Crty of Bremerton Smcerely, Patty Lent, Mayor cc Charlotte Belmore, Human Resources Analyst ---------------------------------------------------------------------------- ACCEPTANCE OF JOB OFFER: I, Rabecca R Hasart, hereby accept employment v�nth the Crty of Bremerton as Duector of Fmancial Sernces, effective December 1, 2010 under the terms and condit�ons as set forth m ttus Letter of Engagement SIGNATURE DATE Rabecca R Hasart DATE SUBMITTED November 10, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Public Heanng on Revenue Committee Meeting Date November 4& 9, 2010 Sources for the 2011 Budget and Ordinance COUNCIL MEETING Date November 17, 2010 No 51 ��1 , lev}nng Property Taxes for Department Financial Services collection in 2011 Presenter Cathy Johnson Phone 473-5296 SUMMARY: The City's property taxes aze levied on an annual basis through passage of an ordinance The proposed ordinance wtll implement a general property tax levy and a voted EMS levy at the statutory rate limit �as well as a bond redemprion levy at a rate adequate to provide funds necessary to meet debt service obligat�ons ATTACHMENTS. Ordmance No 'J ( �. ' FISCAL IMPACTS (Include Budgeted Amount) The proposed 2011 budget anricipates property tax revenues based on this action APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY --' � FINANCE DIRECTOR MAYOR COMMITTEE CHAIR COUNCIL PRESIDENT CONSENT AGENDA ❑ GENERAL BUSINESS ❑ PUBLIC HEARING RECOMMENDED MOTION: Move to approve Ordmance No 5 l�. levymg property taxes for collection m 2011 �lo ac-4�ov� �2�t�t,i�`e-� oh Re,Ve.viu.�2. SovrceS... Publ�c Conlvn2n a»�t�, COUNCIL ACTION• [V1Approve ❑ Deny ❑ Table ❑ Contmue ❑ No Action � ORDINANCE NO 5� a q AN ORDINANCE of the City Council of the Crty of Bremerton, Waslungton, establislung the amount to be collected m 2011 by taxation on the assessed valuation of taxable property wrthm the City limrts of Bremerton and settmg the property levy rate WHEREAS, the Crty Council attest that the population of the Crty of Bremerton for 2011 is 36,190, and WHEREAS, the City Council has properly given notice of the public hearmg held on November 17, 2010, to consider the Crty's revenue sources for the City's General Fund budget, and WHEREAS, the crty's actual levy amount from the previous yeaz, mcludmg any refunds and abatements levied was $6,269,823, and WHEREAS, the city's actual EMS levy amount from the previous year, mcludmg any refunds and abatements levied was $1,449,742, and WHEREAS, the City Council, after heanng and duly consideruig all relevant evidence and testimony presented, has determmed that the City of Bremerton requires a regular levy and EMS levy m the maximum amounts allowable, which includes an increase m property tax revenue from the previous year, and amounts resulting from the addihon of new construction and improvements to property and any mcrease m the value of state-assessed property and all allowable levies, and amounts authonzed by law as a result of any annexations that have occurred and refunds made, m order to discharge the expected expenses and obligahons of the City and m its best mterest, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1 T'hat an mcrease in the regular property tax levy is hereby authonzed for the 2011 levy m the amount of $62,522, wluch is a percentage mcrease of one percent (1 0%) from the previous year's actual levy exclusive of refunds collected m 2010 Tlus mcrease is exclusive of additional revenue resultmg from the addrtion of new construction and improvements to property and any mcrease m the value of state assessed property, and any additional amounts resulting from any annexations that have occurred and abatements and refunds made SECTION 2. That an mcrease m the EMS property tax levy is hereby authonzed for the 2011 levy m the amount of $15,424, which is a percentage mcrease of one percent (1 0%) from the previous year's actual levy exclusive of refunds collected m 2010 and will be subJect to levy rate limrtahons resulting from decreases m assessed valuation This increase is exclusive of addrtional revenue resultmg from the addrtion of new construchon and 1 2010 PropertyTax improvements to property and any increase in the value of state assessed property, and any addrtional amounts resulhng from any annexations that have occurred and abatements and refunds made SECTION 3. That a property tax levy for debt redemphon of the 2002 Public Safety UTGO Bonds, as previously authonzed by the voters, is hereby authonzed to levy property taxes to be collected m 2011 at a rate sufficient to provide $330,900 needed to meet debt service obligations m 2011 SECTION 4. That a property t� levy for debt redemption of the 2010 Public Safety UTGO Refundmg Bonds, as previously authonzed by the voters, is hereby authonzed to levy property taxes to be collected m 2011 at a rate sufficient to provide $475,851 needed to meet debt service obligations m 2011 SECTION S. Severabilitv If any one or more sections, subsections, or sentences of this Ordmance are held to be unconstitutional or invalid, such decision shall not affect the validrty of the remairung portion of tlus Ordmance and the same shall remam m full force and effect SECTION 6. Effectave Date This ordinance shall take effect and be m force ten (10) days from and after rts passage, approval and publication as provided by law PASSED by the City Council the day of , 2010 NICK WOFFORD, Council President Approved this day of , 2010 PATTY LENT, Mayor ATTEST APPROVED AS TO FORM CAROL ETGEN, Crty Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of , 2010 EFFECTIVE the day of , 2010 ORDINANCE NO 2 2010 PropertyTa� t n ra Pr rt Tax L �° ee oe ev �-� p y y �oQQ o0 D°��° O • Increase limited to 1% of highest allowed levy since 1986 plus value of new construction — 2010 Levy $6,252,192 — 1 % increase 62,522 — New construction ($27,720,577) 59,943 — Refunds & Abatements � 28,733 Levy Amount $6,403,390 • 2011 Assessed Value -$2,760,256,346 - Est. Levy Rate $2.31 — Declined 5% from 2010 • 2010 Assessed Value -$2,899,484,508 — Levy Rate $2.16 , ' El�/I �� Pr ... o ert Tax L y ev y :. .. • 2010 Levy $1,449,742 • 1 % increase 15,424 • New construction 13,860 • Refunds and abatements 6,058 Levy Amount $1,485,084 • $.50 maximum levy - ($2,760,256,346 x .50) $1,380,129 • 5% reduction from 2010 due to decline in assessed valuation