HomeMy WebLinkAbout08/11/2021 STUDY SESSION AGENDA PACKET______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280
WEDNESDAY, AUGUST 11, 2021
CITY COUNCIL STUDY SESSION AGENDA
5:00 PM – Via Zoom Webinar
To help reduce the spread of COVID-19, the City Council is conducting a Study Session via Zoom Webinar.
The Study Session is open to the public to listen in, but there will be no opportunities for input; no action is
anticipated; and the content of these items is subject to change. If approved by the Council, these items
will be placed on the August 18, 2021 City Council Meeting Agenda…
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Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us
A.BRIEFINGS ON AGENDA BILL ITEMS
1.Confirm Appointment of Thomas Wolfe to the Position of Chief of Police
2.Contract with Chinook Properties Inc. for the Construction of the Reservoir 4 Fencing and
Security Improvements Project; and related Budget Adjustment
3.Ordinance amending Title 15 of the Bremerton Municipal Code entitled “Municipal Utilities”
B.INFORMATION ONLY
1.Briefing on Lodging Tax Advisory Committee (LTAC) Grant Application Rating Criteria and
Process for Distribution of Funds for 2022 – Chair Michael Goodnow
C.GENERAL COUNCIL BUSINESS
Audit Committee Monthly Briefing – Chair Leslie Daugs
Other General Council Business
D.ADJOURNMENT OF STUDY SESSION
E.EXEMPT CLOSED SESSION
A.As allowed under RCW 42.30.140 (4) (b) to discuss Labor Negotiations; No action
anticipated…
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Confirm Appointment of
Thomas Wolfe to the Position of Chief of
Police
Study Session Date: August 11, 2021
COUNCIL MEETING Date: August 18, 2021
Department: Executive
Presenter: Mayor Wheeler
Phone: (360) 473-5266
SUMMARY: Approval of the attached Employment Contract with Thomas Wolfe confirms his
appointment as Chief of Police. Pursuant to Section 21 of the City Charter and Section 2.19.020 of
the Bremerton Municipal Code, the Chief of Police shall be appointed by the Mayor, subject to
confirmation by the City Council. Employee is currently serving as Interim Chief of the Police
Department and the Mayor desires to officially appoint him to the position of Chief of Police. BMC
2.50.034 authorizes adjustments to benefits established for professional and management
employees pursuant to an employment contract approved by the City Council.
ATTACHMENTS: 1) Employment Contract; and 2) 2021 Management, Professional, Confidential &
Fiduciary Salary Plan
FISCAL IMPACTS (Include Budgeted Amount): There are sufficient funds in the 2021 budget to
cover the cost of this Contract.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing ☒ Pulled
RECOMMENDED MOTION:
Move to confirm the appointment of Thomas Wolfe to the position of Chief of Police; and authorize
the Mayor to finalize and execute the Employment Contract with substantially the same terms and
conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A1
Page 1
EMPLOYMENT CONTRACT
CHIEF OF POLICE
THIS EMPLOYMENT CONTRACT (“Contract”) is made and entered into by and
between the City of Bremerton, Washington, a chartered first class municipal corporation
organized under the laws of the State of Washington (“City”), and Thomas Wolfe (“Employee”).
RECITALS
WHEREAS, Pursuant to Section 21 of the City Charter and Section 2.19.020 of the
Bremerton Municipal Code (“BMC”), the Chief of Police shall be appointed by the Mayor, subject
to confirmation by the City Council; and
WHEREAS, Employee is currently serving as Interim Chief of the Police Department
and the City desires to officially appoint Employee as Chief of Police of the Department consistent
with the laws of the State of Washington and the ordinances and policies of the City; and
WHEREAS, The City agrees to provide the same compensation and benefits that the
Employee receives as a Captain plus a 10% increase in salary in order to establish fair
compensation and benefits as well as internal equity in transferring from the position of Captain
to Chief of Police; and
WHEREAS, BMC 2.50.034 authorizes adjustments to benefits established for
professional and management employees pursuant to an employment contract approved by the
City Council; and
WHEREAS, The City also desires to establish certain conditions of employment and set
the general working conditions for Employee; and
WHEREAS, Employee agrees to accept the position of Chief of Police of the Police
Department for the City in accordance with the terms and conditions of this Contract, City
ordinances, Police Department Standard Operating Procedures and the City Human Resources
Policies, as the same may be amended from time to time (“Policies”), subject to the provisions of
Section 11;
NOW, THEREFORE, in consideration of the mutual covenants herein contained the
parties agree as follows:
SECTION 1. EMPLOYMENT AND DUTIES
A. The City agrees to employ the services of Employee as Chief of Police of the City’s Police
Department (“Department”). The Employee agrees to furnish full time services as defined in
the job description for Chief of Police, which is attached and hereby incorporated as a part of
Page 2
this Contract, which may be amended by the City upon thirty (30) days’ notice to the
Employee.
B. The parties understand and agree that the Employee will perform independent functions and
responsibilities in the exercise of his field of work.
C. Employee agrees to accept employment and act as Chief of Police for the City and to perform
his duties to the best of his ability in accordance with the highest professional and ethical
standards of the profession and shall comply with all general rules and regulations established
by the State of Washington and the City.
D. Employee shall not engage in any activity that is, or may become, a conflict of interest, as
defined by Washington law, or would be incompatible with the position of Chief of Police, or
enter into a prohibited contract, as defined by Washington law.
SECTION 2. POSITION AND TERM
A. This Contract shall be effective the day after it is approved by City Council and shall remain
in full force and effect until terminated as provided in Section 6 of this Contract. Employee is
an “at-will” employee of the City and shall report to and serve at the pleasure of the Mayor.
B. The Employee acknowledges, understands and agrees that the position he is accepting with the
City is a management/professional position as defined under Chapter 2.50 BMC and is exempt
from Union Membership. It is expressly understood by and between the parties that the position
of Chief of Police is an exempt position pursuant to the Fair Labor Standards Act. Even though
the position Employee is accepting with the City is a management/professional position,
Employee will receive the compensation and benefits he received as Captain pursuant to the
Bremerton Police Management Association collective bargaining agreement as set forth in
Sections 3 and 4 below.
C. The Employee further acknowledges, understands and agrees that the position he is accepting
with the City is not included in the City’s Civil Service system and that he will not be covered
by the Civil Service system applicable to the Department under RCW 42.12 and BMC
2.19.020. Employee shall not be entitled to any of the procedural or substantive protections
afforded civil service employees, but the employment relationship between the City and
Employee shall be at will and governed by the terms of this Contract.
D. Nothing in this Contract shall prevent, limit or otherwise interfere with the City’s right to
terminate this Contract, with or without cause, at any time, subject only to the provisions set
forth in Section 6 of this Contract, the laws of the State of Washington, City ordinances, and
City Polices.
E. Nothing in this Contract shall prevent, limit or otherwise interfere with the right of the
Employee to resign and terminate this Contract at any time, subject only to the provisions set
forth in Section 6 of this Contract.
Page 3
F. So long as this Contract remains in effect, Employee agrees to remain in the exclusive
employment of City and shall neither accept other employment nor become employed by any
other City without the prior written approval of the Mayor. The term “employed” and
derivations of that term as used in the preceding sentence shall include employment by another
legal entity or self-employment, but shall not be construed to include occasional teaching,
writing, consulting or military reserve service performed on Employee’s own time, and with
the advance approval of the Mayor.
SECTION 3. COMPENSATION
A. The Employee and City agree that compensation for services rendered under this contract shall
begin at Step 5 of the Police Management pay schedule, plus 9% longevity and a 10% increase
in salary for Chief’s pay, with an annual rate of approximately One Hundred Seventy-Six
Thousand, Three Hundred Seventy-Two Dollars, and Six Cents ($176,372.06).
B. The parties agree that Employee shall receive the same cost-of-living adjustment (if any) that
applies to the Bremerton Police Management Association collective bargaining agreement.
SECTION 4. BENEFITS
A. Medical. Employee shall participate in the City’s health benefit (medical, dental, vision,
employee assistance) plans in accordance with the terms then applicable to other non -
represented employees pursuant to BMC 2.50.070.
B. Life Insurance. The City shall pay one hundred percent (100%) of the premium for term life
insurance in the amount of Two Hundred Thousand Dollars ($200,000.00). The Employee
shall name the beneficiary(ies) of said term life insurance.
C. Disability Insurance. The City shall provide long-term disability insurance for Employee with
terms equivalent to that which applies to Bremerton Police Management Association
employees.
D. City Vehicle. Employee shall have the use of a Police Department vehicle. In the event that
Employee uses his own vehicle for City business-related trips, the City shall reimburse
Employee for such use in accordance with the then-current IRS approved mileage rate.
E. Additional Benefits. Employee shall receive certain benefits as provided pursuant to the
Bremerton Police Management Association collective bargaining agreement, in lieu of similar
benefits, if any, provided to Professional and Management employees, as follows:
1. Education pay;
2. Management Certification pay;
3. HRA/VEBA contribution;
4. Sick leave accrual, carry-over and cash out; and
5. Vacation accrual, carry-over and cash out.
Page 4
F. Furlough Program. Notwithstanding the terms of this Contract that describes the Employee’s
salary, the Employee shall participate in any furlough program that applies, from time to time,
to City non-represented employees.
SECTION 5. RETIREMENT AND DEFERRED COMPENSATION PLANS
A. Employee shall be enrolled in the Law Enforcement and Fire Fighters Plan of Washington
(“LEOFF”). The City shall make all legally required City contributions for Employee’s
participation in said system, and Employee shall be responsible for paying all legally required
employee contributions for Employee’s participation in said retirement system.
B. In addition to City’s payment to LEOFF described above, City shall pay an amount equal to
five and one-half (5.5%) percent of Captain’s Step 5 annual base salary into an Internal
Revenue Code Section 457 plan or similar deferred compensation program to be paid by the
City in accordance with the City’s normal payroll schedule.
SECTION 6. RESIGNATION, TERMINATION AND SEVERANCE PAY
A. Employee’s employment with the City may be terminated (separated from employment) as
follows:
1. Without Cause. The Employee is an “at will” employee and the City may terminate his
employment with the City without cause, at any time, with thirty (30) days’ notice pursuant
to BMC 2.50.090. If terminated without cause, Employee shall receive three (3) months’
severance pay pursuant to BMC 2.50.090.
2. For Cause. The Employee may be terminated from employment with the City for cause,
without notice, and Employee understands, agrees and accepts that no severance pay shall
be paid.
3. By Employee. In the event that the Employee shall terminate his employment with the City,
he agrees that he shall provide the City not less than thirty (30) days’ prior notice of the
effective date of said termination in order to afford the City a reasonable opportunity to
find a replacement. The parties further agree that in the event a replacement is found who
is able to commence employment prior to the expiration of thirty (30) days’ notice, that
they may, in good faith, negotiate an earlier termination date.
B. The following reasons shall constitute grounds to terminate this Contract with “Cause” and
without payment of the severance provided in Subsection 6.A.2 above:
1. A material breach of this Contract or the repeated neglect by Employee to perform the
duties Employee is required to perform under this Contract, either of which continues after
written notice and a 30-day cure period, or which occurs within one year following a prior
written notice and cure opportunity under this Subsection 6.B.1;
Page 5
2. Conviction of any criminal act relating to employment with the City or otherwise involving
dishonesty, moral turpitude or physical violence;
3. Conduct, relating to City employment, which, while not criminal in nature, violates the
City Policies or other reasonable standards of professional and personal conduct in some
substantial manner injurious to the business or reputation of the City;
4. Conviction of any felony offense;
5. Mental or physical unfitness that prevents the Employee from carrying out the essential
functions and/or duties of the position of Chief of Police; and
6. Loss of law enforcement commission.
C. As a condition to eligibility to receive any severance benefits under this Section 6, the
Employee shall sign, as of the date immediately following his separation and in a form
provided by the City, a legal release of any and all claims of any kind against the City (except
for earned and unpaid wages and benefits as of the termination date, and except for severance
benefits hereunder and COBRA benefits), and agreeing neither to bring any litigation nor to
make any written or oral communications that are harmful to the reputation of the City or any
elected or unelected official or employee of the City.
D. It is understood that after notice of termination or resignation in any form, Employee and the
City will cooperate to provide for an orderly transition. Specific responsibilities during such
transition will be specified in a written separation agreement. If Employee is involuntarily
terminated by City for reasons that have the potential to adversely impact Employee’s
professional reputation if made public, Employee may request, and if requested, Employee
shall be given an opportunity for a name clearing hearing with the Mayor.
E. This Contract shall be terminated upon the death or permanent disability of the Employee,
which for the purposes of this Contract shall mean that Employee is incapacitated and unable
to perform his essential duties, with or without reasonable accommodation, for at least the
period of time prescribed by the terms of the Long-Term Disability benefit plan that then
covers him.
SECTION 7. FLEXIBLE HOURS OF WORK
It is recognized that Employee must devote a great deal of time outside the normal office hours on
business for City, and to that end Employee shall be allowed to establish an appropriate work
schedule that allows time away from the office during normal office hours. It is expected that
Employee will work at least forty (40) hours per week. The parties recognize that Employee will
be exempt from the provisions relating to overtime payment and compensatory time under the Fair
Labor Standards Act.
Page 6
SECTION 8. PERFORMANCE EVALUATION
The City shall review and evaluate the performance of Employee on an annual basis. Performance
evaluations shall be conducted by the Mayor. Employee shall be provided with a written copy of
the evaluation.
SECTION 9. PROFESSIONAL DEVELOPMENT
The City shall budget and pay for the professional dues and subscriptions of Employee and
associated costs (including travel, lodging and meal expenses) reasonably necessary for his
continuation and full participation in regional, state and local associations and organizations that
are necessary and desirable for his continued professional participation, growth and advancement
to better serve the interests of the City.
SECTION 10. CIVIC INVOLVEMENT
City recognizes the desirability of representation in and before local and regional civil and other
organizations, and Employee is authorized to become a member of such civic clubs or
organizations he deems necessary or desirable in order to maintain awareness of community
attitudes and ideas. City shall pay all expenses for membership and participation in up to three
such Bremerton organizations. Employee shall report to City on each membership that he has
taken out at City’s expense.
SECTION 11. OTHER TERMS AND CONDITIONS OF EMPLOYMENT
A. All provisions of City ordinances, regulations, rules and City Policies as they now exist or
hereafter may be amended, shall also apply to Employee as they would to other employees of
the City, except as may be specifically agreed upon herein.
B. If any term of this Contract differs from City Policies, the terms of this Contract shall take
precedence.
SECTION 12. MISCELLANEOUS PROVISIONS
A. Paragraph Headings. The headings in this Contract are inserted for convenience and
identification only and are in no way intended to describe, interpret, define or limit the scope,
extent or intent of this Contract or any of the provisions of the Contract.
B. Provisions Severable. Every provision of this Contract is intended to be severable. If any term
or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this Contract.
C. Rights and Remedies. The rights and remedies provided in this Contract are cumulative, and
the use of any one right or remedy by any party shall not preclude nor waive its rights to use
any or all other remedies. Any rights provided to the parties under this Contract are given in
addition to any other rights the parties may have by law, statute, ordinance or otherwise.
Page 7
D. Entire Agreement. This Contract constitutes the entire agreement between the parties and both
parties acknowledge that there are no other agreements, written or oral, that have not been fully
set forth in the text of this Contract.
E. Governing Law and Dispute Resolution. This Contract shall be construed in accordance with
the laws of the State of Washington. Venue for any dispute arising hereunder shall be in Kitsap
County Superior Court. However, before any lawsuit may be filed by either party, the
Employee and City must agree to engage in non-binding mediation, in which the expense of
the mediator will be paid by the City. Other than the cost of the mediator, each party shall bear
its own expenses and attorney fees in any dispute, including mediation or litigation.
F. Preparation of Contract. No presumption shall exist in favor of or against any party to this
Contract as a result of the drafting and preparation of this document.
G. No Waiver. No waiver of any breach by either party of the terms of this Contract shall be
deemed a waiver of any subsequent breach of the Contract.
H. Counterparts. This Contract may be executed simultaneously in one or more counterparts,
each of which shall be deemed an original, but all of which together shall constitute one and
the same document.
I. Amendment. No amendment of this Contract shall be effective unless the amendment is in
writing, signed by each of the parties.
J. Notices. All notices and demands of any kind which either party hereby may be required or
desires to serve upon the other party under the terms of this Contract shall be in writing and
shall be served upon such other party by personal service, or by leaving a copy of such notice
or demand at the address hereinafter set forth, whereupon service shall be deemed complete,
or by mailing a copy thereof by certified or regular mail, airmail if the address is outside the
state in which the same is mailed, postage prepaid, with return receipt requested, addressed as
follows:
City: Employee:
City of Bremerton Thomas Wolfe
c/o Human Resources Use the address on file with
345 6th Street, Suite 100 City of Bremerton Office of Human
Bremerton, WA 98337 Resources
In case of service by mail, it shall be deemed complete on the day of actual delivery as shown
on the addressee’s registry of certification receipt or at the expiration of the third day after the
date of mailing, whichever first occurs. The addresses to which notices and demands shall be
delivered or sent may be changed from time to time by notice served as hereinabove provided
by either party upon the other party.
Page 8
K. Appropriations. No commitment of public funds will be made prior to the approval of this
Contract. The terms of this Contract are contingent upon sufficient appropriations being made
by the City Council for the performance of this Contract. If sufficient appropriations are not
made, this Contract shall terminate subject to the conditions subsequent concerning notice and
severance payment being given by the City to Employee as provided in Section 6 of this
Contract. Termination pursuant to the terms of this Contract shall not result in any claim for
payment or damages by Employee or the City. The City’s decision as to whether sufficient
appropriations are available shall be accepted by Employee and shall be final.
IN WITNESS WHEREOF, this agreement is entered into on the dated fully executed
below.
CITY OF BREMERTON EMPLOYEE
By___________________________ By___________________________
Greg Wheeler, Mayor Thomas Wolfe
Date: Date:
APPROVED AS TO FORM: ATTEST:
Kylie Finnell, City Attorney Angela Hoover, City Clerk
From:
To:
Subject:
Date:
Faye Flemister
City Council
Letter of Support - Police Chief
Monday, August 9, 2021 7:06 PM
Hello Mayor Wheeler and City Council and staff.
I am emailing this letter in support of Mayor Wheeler's proposed appointment of Thomas Wolfe to
the position of Chief of Police. We are all going through very difficult times right now and in my
opinion ,anything we can do to bring us all closer to some sense of normalcy is imperative to our
continued success as a community.
It is clear that Mr Wolfe is willing to remain employed in the police department and face all the
many challenges and uncertain times as the police chief for the City of Bremerton. Mr Wolfe has
served for years and has developed relationships and partnerships with our community and
leadership within it. I ask that you approve Mr Wolfe's appointment to the position of Police Chief of
Bremerton.
Thank you for your consideration.
Faye Flemister
Owner/Unique Experience
From:trent l.
To:City Council
Subject:Urging The City Council Members to Vote NO On Captain Wolfe
Date:Tuesday, August 10, 2021 2:16:47 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
As a constituent of both Council members -
District 3 council President Gorman
District 6 councilman Mike Simpson
I urge both specifically in the District of #3 Kevin Gorman, to
Vote NO on the appointment of Interim Police Captain Wolfe.
As he was appointed by the Mayor, Wheeler.
The Mayor has shown he cannot be impartial, and he just
Promotes from within. Regardless of issues in our community,
to racial profiling and discrimination. Primarily, the case
regarding Dr. Bolton and racial profiling cases and even
those reports and criminal infraction reports handed by
Police staff. Furthermore, the entire chain of command
is far from diverse, as is the workforce of known 60 police
Personnel. I demand that we allow more time for a more
adequate choice or choices to be selected from than this
appointment.
Thank you
Mr. Long
Associate Ministers: Christian Education Vice Chair – Sis. Linda Yerger Outreach Ministry Chair – Sis. Sibylle Palmer
Minister Jeffery Flood Deacon Board Chairman – Deacon Michael Gordon Sunday School Vice Supt. – Minister Jeffery Flood
Minister Arneter Johnson Financial Secretary (Asst.) – Sis. Doris Zellers Treasurer – Sis. Barbara Wooten
Minister David Stewart Laymen’s Ministry Chair (Interim) – Deacon David McClain Trustee Board Pres. (Interim) –Bro. Earl Willis
Minister Kenneth Riley Minister of Music – Sis. Betty Randle Hayes Usher Board President – Bro. Eric McAllister Choir
Pastor Emeritus Sam Rachal, Jr. Moderator – Deacon William Cox Women’s Ministry Pres. – Sis. Jessie Hornbeak
Church Leadership: Mother’s Board President – Mother Joyce Flood
Announcement Clerk – Sis. Sherry Willis Newsletter Editor – Sis. Linda Yerger Youth Ministry Chair / Jr. Church – Sis. Jacquie Curry
Church Secretary – Sis. Tazsjah Green
August 6, 2021
To: Our Honorable Mayor and Prestigious City Council Members
As the organizer of Police and Community Together (PACT) that brings community members and law
enforcement agents together, I am writing this letter in support of Tom Wolf. Tom Wolf has been a
part of the social support for community policing for over 10 years. During that time, we have seen a
proactive change in succession planning to build positive relationships with community and the
Bremerton Police Department.
Under the leadership of Chief Steve Strachan, I observed how Tom caught the vision and become
involved with building effective relationships with youth and community members by learning names
and showing up for community functions.
When Jim Burchett became Chief and followed the example of his mentor WASPC Executive Director
Steve there was a smooth transition that kept the commitment to community policing. Captain Tom
Wolf’s leadership played a critical role in keeping community informed and connected as he
supported the new Chief.
It is with great enthusiasm I give Tom Wolf my fullest support to become the next Chief of the
Bremerton Police Department. BPD has started a model in Kitsap County where police and
community have a shared responsibility to keep the peace and Tom Wolf is committed to the process.
Very Respectfully;
Richmond Johnson, Pastor
Partnering for Youth Achievement (PYA), Executive Director
Mt. Zion Missionary Baptist Church
Pastor Richmond A. Johnson
1906 13th Street - Bremerton, WA 98337
Phone: (360) 377-9169 / Fax: (360) 377-0260
E-mail: mtzionmbc@telebyte.com
Website: http://mountzionbremerton.org
“To Know Christ and To Make Him Known”
From:Laurie Shaw
To:City Council
Subject:Appointment of Police Chief
Date:Wednesday, August 11, 2021 9:57:47 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Dear City Council members,
I am writing in full support of confirmation of Tom Wolfe as the police chief for
Bremerton. I have known Tom for more than 10 years. He served as a volunteer
coach with me for 5 years, and in that capacity I have seen him deal with people from
all walks of life, from all socioeconomic backgrounds, with care and compassion. He
is a natural and charismatic leader and people are naturally drawn to him. His long
tenure with the department is a testament to his commitment to the department and
the city.
I respectfully request that you confirm his appointment unanimously at tonight's
council meeting.
Laurel Shaw
Cherry Ave
98310
Sent from my T-Mobile 5G Device
From:Darryl Riley
To:City Council
Subject:Appointment of Tom Wolfe to chief
Date:Wednesday, August 11, 2021 4:51:37 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Good afternoon,
I strongly support the appointment of Tom Wolfe as chief.
During times like these, the Bremerton Police Dept needs continuity more than anything else.
Tom Wolfe provides that.
With all of the changes coming to law enforcement policies, practices, and procedures, he's
best to lead our Police Dept forward.
He sees that policing needs to be different, and understands the racial tensions that have
plagued the country.
I believe he has a pulse on this city, and he knows the community.
The Bremerton Police Dept took a chance on this guy a long time ago, and he's proven to be
deserving of it. I think he deserves this appointment as well.
Best Regards
Darryl Riley
Black Business Owner/Community leader
Sent from Yahoo Mail on Android
From:David Horton
To:City Council
Subject:Bremerton Police Chief Appointment
Date:Wednesday, August 11, 2021 3:38:08 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Dear Councilmembers:
I write to express my support for your confirmation of Tom Wolfe as the next Chief of Police. I have
known Tom for about twenty years and think very highly of his abilities and judgment. I have been
an assistant city attorney for Bremerton and outside counsel for almost 20 years. During that time, I
worked closely with Tom and grew to appreciate his judgment, kindness and ability as a leader. (I
am a former Marine officer and take leadership seriously).
I have defended the City and individual police officers from civil rights lawsuits. That experience,
coupled with my knowledge of Tom tell me he is the right man for the job.
I reside in the City of Bremerton (128 Blackfish Court) and am happy my City is looking to proven
local leaders to fill positions.
Thank you for your consideration.
David P. Horton
3212 NW Byron Street, Suite 101
Silverdale, WA 98383
dhorton@kitsaplawgroup.com
kitsaplawgroup.com
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: August 11, 2021
Contract with Chinook Properties Inc. for the
Construction of the Reservoir 4 Fencing and
Security Improvements Project; and related
Budget Adjustment
COUNCIL MEETING Date: August 18, 2021
Department: PW & U
Presenter: K. Ketterer
Phone: (360) 473-5334
SUMMARY: The Reservoir 4 site contains multiple critical assets of the Water Utility that are now in
close physical and visual proximity to surrounding development. A recent security vulnerability
assessment recommended several physical and electronic access control improvements to include
fencing, gates, and enhanced software-based access control and intrusion detection. The security
enhancements proposed exceed those originally scoped in the budget for this project. A budget
adjustment to the Water Utility Capital Fund of $265,000 is requested to complete the project.
Chinook Properties Inc. is a local contractor from Silverdale and their bid of $375,881.05 was the
lowest responsible and responsive bid for the project. We recommend that the Council award the
contract to Chinook Properties.
ATTACHMENTS: 1) Contract; and 2) Power Point Presentation Added
FISCAL IMPACTS (Include Budgeted Amount): The project is budgeted in the Water Utility
Capital fund for $250,000. The cost of construction exceeds the budgeted amount and a budget
adjustment of $265,000 from Water Utility Capital fund balance is requested to complete the project.
STUDY SESSION AGENDA: ☐ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to award the Reservoir 4 Fencing and Security Improvements contract to Chinook Properties in
the amount of $375,881.05 and authorize the Mayor to finalize and execute the agreement with
substantially the same terms and conditions as presented; and to approve a budget adjustment to the
Water Utility Capital Fund for the purpose of constructing the Reservoir 4 Fencing and Security
Improvements project in the amount of $265,000 from existing Water Utility Capital reserves.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A2
Updated
City of Bremerton 233-1896-177
Reservoir 4 Fencing and Security Improvements I-35 May 2021
Contract Documents – Bid Set Contract
CONTRACT
(Page 1 of 4)
THIS AGREEMENT is dated the day of in the year 20___, by
and between the City of Bremerton (hereinafter called CITY) and
(hereinafter called CONTRACTOR).
CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
ARTICLE 1. WORK.
CONTRACTOR shall complete the WORK as specified or indicated in the CITY’s Contract
Documents entitled Reservoir 4 Fencing and Security Improvements.
ARTICLE 2. CONTRACT TIMES.
The WORK shall obtain Physical Completion within 30 working days after the commencement date
stated in the Notice to Proceed. Time is of the essence as to each and every deadline set forth in
this agreement. This provision has been specifically negotiated.
ARTICLE 3. LIQUIDATED DAMAGES.
CITY and the CONTRACTOR recognize that time is of the essence for this Agreement and that the
CITY will suffer financial loss if the WORK is not completed within the time specified in Article 2
herein, plus any extensions thereof allowed in accordance with Section 1-08.9 of the Standard
Specifications which may be modified by the Special Provisions. They also recognize the delays,
expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the
CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the
CONTRACTOR shall pay the CITY liquidated damages in the amount determined under Special
Provisions Section 1-08.9 per day after the date of Physical Completion for each phase.
ARTICLE 4. CONTRACT PRICE.
CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract
Documents in the amount set forth in the Bid Proposal, which shall include sales tax as provided in
Section 1-07.2(2) of the Special Provisions.
ARTICLE 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Section 1-09.9 of the
Standard Specifications which may be modified by the Special Provisions. Applications for Payment
will be processed by ENGINEER as provided in the Special Provisions
_____________
Contractor Initials
City of Bremerton 233-1896-177
Reservoir 4 Fencing and Security Improvements I-36 May 2021
Contract Documents – Bid Set Contract
CONTRACT
(Page 2 of 4)
ARTICLE 6. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR
concerning the WORK consist of this Contract and the following attachments to this Contract:
x Notice Inviting Bids,
x Bidders Checklist,
x Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid
Bond, and all required certificates and affidavits,
x Performance Bond,
x Payment Bond,
x Standard Specifications,
x Amendments to the Standard Specifications,
x Special Provisions,
x Appendices
x Contract Plans,
x Addenda numbers _____ to _____, inclusive,
x Change Orders which may be delivered or issued after Effective Date of the
Agreement and are not attached hereto.
There are no Contract Documents other than those listed in this Article 6. The Contract Documents
may only be amended by Change Order as provided in Section 1-04.4 of the Standard
Specifications which may be modified by the Special Provisions.
ARTICLE 7. INDEMNIFICATION.
The CONTRACTOR and CITY acknowledge and agree that they have negotiated the following in
accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his
immunity under industrial insurance under Title 51 RCW. To the fullest extent permitted by Laws
and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY,
ENGINEER, their consultants, subconsultants, and the officers, directors, employees, and agents
of each and any of them, against and from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorney fees, all claims and liability arising under, by reason of, related,
or incidental to the Contract Documents or any performance of the WORK, but not from the sole
negligence or willful misconduct of the CITY and/or the ENGINEER as further defined in the
Contract Documents. The provisions of this section shall survive the termination of the contract.
_____________
Contractor Initials
City of Bremerton 233-1896-177
Reservoir 4 Fencing and Security Improvements I-37 May 2021
Contract Documents – Bid Set Contract
CONTRACT
(Page 3 of 4)
ARTICLE 8. ASSIGNMENT
No assignment by a party hereto of any rights under or interests in the Contract Documents will be
binding on another party hereto without the written consent of the party sought to be bound; and
specifically but without limitation monies that may become due and monies that are due may not be
assigned without such consent (except to the extent that the effect of this restriction may be limited
by law), and unless specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility under the Contract
Documents. The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any
or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an
assignment of funds for security purposes. In the case of an assignment for security purposes the
CITY may condition its approval to the extent it deems necessary to assure that there will be
adequate funds to complete the WORK and to pay a subcontractors and suppliers.
ARTICLE 9. THIRD PARTY BENEFICIARY
All parties agree that the State of Washington shall be, and is hereby, named as an express third-
party beneficiary of the contract, with full rights as such.
ARTICLE 10. NON-DISCLOSURE
CONTRACTOR will not copy, reproduce, or further disclose the “Special Provisions” and
corresponding appendices (collectively “Sensitive Security Documents”) unless authorized by the
CITY in writing, the information becomes known to the public without the fault of the
CONTRACTOR, the information is disclosed publicly by the CITY, or as required by law to disclose
the information.
CONTRACTOR agrees that upon final acceptance of the completed project by the CITY,
CONTRACTOR will immediately and permanently destroy the Sensitive Security Documents.
_____________
Contractor Initials
City of Bremerton 233-1896-177
Reservoir 4 Fencing and Security Improvements I-38 May 2021
Contract Documents – Bid Set Contract
CONTRACT
(Page 4 of 4)
CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal representatives
in respect of all covenants, agreements and obligations contained in the Contract Documents.
IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be executed
the day and year first above written.
CITY: City of Bremerton CONTRACTOR:
By By
[CORPORATE SEAL]
Attest Attest
Address for giving notices Address for giving notices
License No.
Approved as to Form:
Agent for service of process:
(Signature)
(Title)
City of Bremerton 233-1896-177
Reservoir 4 Fencing and Security Improvements I-39 May 2021
Contract Documents – Bid Set Contract Certificate
CONTRACT CERTIFICATE
(if Corporation)
STATE OF )
) ss.
COUNTY OF )
I HEREBY CERTIFY that a meeting of the Board of Directors of the ___________________
____________________________________________________________________________
____________________________________________________________________________
a corporation existing under the laws of the State of ____________________________, held on
__________________, 20___, the following resolution was duly passed and adopted:
“RESOLVED, that _________________________________________________, as
______________________ President of the Corporation, be and is hereby authorized
to execute the Agreement dated _________________, 20___, by and between this
Corporation and the City of Bremerton and that his/her execution thereof, attested
by the Secretary of this Corporation, and with the Corporate Seal affixed, shall be the
official act and deed of this Corporation.”
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
corporation this _____, day of ___________________, 20___.
(Secretary)
(SEAL)
City of Bremerton 233-1896-177
Reservoir 4 Fencing and Security Improvements I-40 May 2021
Contract Documents – Bid Set Contract Certificate
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City of Bremerton 233-1896-177
Reservoir 4 Fencing and Security Improvements I-41 May 2021
Contract Documents – Bid Set Contract Certificate
CONTRACT CERTIFICATE
(if Limited Liability Company)
STATE OF )
) ss.
COUNTY OF )
I HEREBY CERTIFY that a meeting of the Members of the __________________________
____________________________________________________________________________
____________________________________________________________________________
a Limited Liability Company existing under the laws of the State of _______________________,
held on __________________, 20___, the following resolution was duly passed and adopted:
“RESOLVED, that ____________________________ and ___________________, as
Members of this Limited Liability Company, be and are hereby authorized to execute the
Agreement dated _________________, 20___, to the City of Bremerton by this Limited
Liability Company and that their execution thereof shall be the official act and deed of this
Limited Liability Company.”
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this ___, day of ____________, 20___.
A Limited Liability Company
By:
Member
By:
Member
(SEAL)
City of Bremerton 233-1896-177
Reservoir 4 Fencing and Security Improvements I-42 May 2021
Contract Documents – Bid Set Contract Certificate
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City of Bremerton 233-1896-177
Reservoir 4 Fencing and Security Improvements I-43 May 2021
Contract Documents – Bid Set Contract Certificate
CONTRACT CERTIFICATE
(if Partnership)
STATE OF )
) ss.
COUNTY OF )
I HEREBY CERTIFY that a meeting of the Partners of the ___________________________
____________________________________________________________________________
____________________________________________________________________________
a partnership existing under the laws of the State of _______________________, held on
__________________, 20___, the following resolution was duly passed and adopted:
“RESOLVED, that ____________________________ , as ______________________ of
the Partnership, be and is hereby authorized to execute the Agreement dated
_________________, 20___, by and between this Partnership and the City of Bremerton
and that his/her execution thereof attested by the _____________________ shall be the
official act and deed of this Partnership.”
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this ___, day of ____________, 20___.
Partner
(SEAL)
City of Bremerton 233-1896-177
Reservoir 4 Fencing and Security Improvements I-44 May 2021
Contract Documents – Bid Set Contract Certificate
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City of Bremerton 233-1896-177
Reservoir 4 Fencing and Security Improvements I-45 May 2021
Contract Documents – Bid Set Contract Certificate
CONTRACT CERTIFICATE
(if Joint Venture)
STATE OF )
) ss.
COUNTY OF )
I HEREBY CERTIFY that a meeting of the Principals of the __________________________
____________________________________________________________________________
____________________________________________________________________________
a joint venture existing under the laws of the State of _______________________, held on
__________________, 20___, the following resolution was duly passed and adopted:
“RESOLVED, that ____________________________ , as ______________________ of
the Joint Venture, be and is hereby authorized to execute the Agreement dated
_________________, 20___, by and between this joint venture and the City of
Bremerton and that his/her execution thereof attested by the _____________________
shall be the official act and deed of this Joint Venture.”
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this ___, day of ____________, 20___.
Managing Partner
(SEAL)
END OF AGREEMENT
City of Bremerton 233-1896-177
Reservoir 4 Fencing and Security Improvements I-46 May 2021
Contract Documents – Bid Set Contract Certificate
This Page Intentionally Left Blank
RESERVOIR 4 FENCING AND SECURITY IMPROVEMENTS
•11 million gallon reservoir
•Highly critical asset, supplies majority of average day demand of drinking water
to Bremerton’s water utility customers including PSNS.
•Identified in the Security and Vulnerability Assessment (SVA) as a site in need of
improved security, because of residential development
1
RESERVOIR 4 FENCE
LOCATED AT 3RD AVE AND ROOSEVELT
•Approximately 1600 lf of high
security fence around the
perimeter of the property
•2 mechanical vehicle gates
•Enhanced access control and
intrusion detection system
2
PROJECT BUDGET
•Original budget of $250,000 was for clearing
trees from site and adding a low tech fence
•Additional budget of $265,000 requested to
construct project with expanded scope that
includes security enhancements
recommended by the SVA
•Current construction climate also
contributed to increased costs
3
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Ordinance No. _____ amending Study Session Date: August 11, 2021
Title 15 of the Bremerton Municipal Code
entitled “Municipal Utilities”
COUNCIL MEETING Date: August 18, 2021
Department: PW&U
Presenter: Ned Lever
Phone: (360) 473-2398
SUMMARY: This update to the Bremerton Municipal code updates language in Chapters 15.01,
15.02, 15.03 and 15.04. The primary changes are an increase in the term of a Reimbursement
Agreement from 15 to 20 years in accordance with an update to RCW 35.91.020, and clarifications of
when Stormwater General Facility Charges are required. These updates also provide clarifying
language relating to definitions, eliminate conflicting language, update code references, and update
language service connections.
ATTACHMENTS: 1) Ordinance No. ________; and 2) Power Point Presentation Added
FISCAL IMPACTS (Include Budgeted Amount): None.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to pass Ordinance No. ______ amending Title 15 of the Bremerton Municipal Code entitled
“Municipal Utilities.”
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A3
Updated
Page 1 of 10
City Ordinance Form 2021 Title 15 Changes
Rev. 10/2019
ORDINANCE NO. ________
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Title 15 of the Bremerton
Municipal Code entitled “Municipal Utilities.”
WHEREAS, the City Council desires to amend Title 15 of the Bremerton
Municipal Code entitled “Municipal Utilities” to update provisions of Chapter 15.01 entitled
“General Provisions,” Chapter 15.02 entitled “Water,” and Chapter 15.04 entitled “Stormwater”
and to make related changes; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Subsection 15.01.020(c) of the Bremerton Municipal Code entitled
“Definitions ‘C’” is hereby amended to read as follows:
15.01.020 DEFINITIONS.
(c) Definitions "C":
"Capital costs" shall mean the total costs of physical system improvements (exclusive of
repair and replacement costs covered under operation and maintenance costs), including, but not
limited to, the costs of direct construction, engineering, financing, legal fees, real estate, right-of-
way, debt service, and other costs associated with such improvements.
"City" means City of Bremerton.
"Clearing" shall mean the destruction and removal of vegetation by manual, mechanical,
or chemical methods. This definition shall include grubbing vegetation.
"Clearing and grading permit" shall mean the written approval of the City of Bremerton
Building Inspector to proceed with the act of clearing property within the City limits of
Bremerton. The clearing and grading permit includes the associated approved plans and any
conditions of approval as well as the permit form itself.
"Combined sewer" shall mean a sewer intended to convey sanitary sewage, industrial
wastes, and storm and surface water in a single system.
"Commercial I" shall mean any user whose business or nonresidential wastewater
discharges whose total suspended solids and biochemical oxygen demand is less than two
hundred one (201) mg/L.
"Commercial II" shall mean any user whose business or nonresidential wastewater
discharges whose total suspended solids and biochemical oxygen demand ranges from two
hundred one (201) to four hundred (400) mg/L.
"Commercial III" shall mean any user whose business or nonresidential wastewater
discharges whose total suspended solids and biochemical oxygen demand ranges from four
hundred one (401) to six hundred (600) mg/L.
"Commercial IV" shall mean any user whose business or nonresidential wastewater
discharge whose total suspended solids and biochemical oxygen demand ranges from six
hundred one (601) to eight hundred (800) mg/L.
Page 2 of 10
City Ordinance Form 2021 Title 15 Changes
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"Commercial V" shall mean any user whose business or nonresidential wastewater
discharge whose total suspended solids and biochemical oxygen demand ranges from eight
hundred one (801) to one thousand (1,000) mg/L.
"Commercial VI" shall mean any user whose business or nonresidential wastewater
discharge whose total suspended solids and biochemical oxygen demand ranges from one
thousand one (1,001) to one thousand two hundred (1,200) mg/L.
"Commercial VII" shall mean any user whose business or nonresidential wastewater
discharge whose total suspended solids and biochemical oxygen demand ranges from one
thousand two hundred and one (1,201) to one thousand eight hundred (1,800) mg/L.
"Commercial account with high conductivity" shall mean an account that discharges
conductivity greater than (>) 6.0 mS/cm for any interval equal to or exceeding five (5) minutes
three (3) times during any thirty (30) day period. The account will be billed the commercial
special rate as published in the City of Bremerton utility rates and fee schedule.
"Commercial agriculture" shall mean those activities conducted on lands defined in RCW
84.34.020(2), and activities involved in the production of crops or livestock for wholesale trade.
An activity ceases to be considered commercial agriculture when the area on which it is
conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five
(5) years, unless the idle land is registered in a federal or state soil conservation program, or
unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches
related to an existing and ongoing agricultural activity.
"Commercial business with living units" shall mean a business with residential living
units attached; the utility rates will be based on the business type and the number of residential
units.
"Commercial property" shall mean a parcel of property which is developed for
nonresidential purposes.
"Commercial special" shall mean any user whose business or nonresidential wastewater
discharge whose total suspended solids (TSS) and biochemical oxygen demand (BOD) exceeds
one thousand eight hundred (1,800) mg/L and/or has a conductivity discharge greater than (>)
6.0 mS/cm. These users will be charged for wastewater services on the basis of their specific
discharge, which provides equitable recovery of the City’s cost of conveying, owning, operating,
and maintaining the wastewater treatment system, rather than average class strength.
"Condominium (condo)" shall mean an apartment that is individually owned but the land
is jointly owned by all homeowners.
"Conductivity" shall mean the measurement of electrical conductivity as an indicator of
water quality. Conductivity data can determine concentration of solutions, detect contaminants
and determine the purity of water. A conductivity sensor measures conductivity by AC voltage
applied to nickel electrodes. These electrodes are placed in a water sample (or other liquid),
where the current flows through the electrodes and the sample. Current level has a direct
relationship with the conductivity of the solution. The basic unit of conductivity is the Siemens
(S), sometimes referred to as mho. Since cell geometry affects conductivity values, standardized
measurements are expressed in specific conductivity units (S/cm) to compensate for variations in
electrode dimensions. Conductivity measurements, along with temperature, also allow for
salinity values to be calculated through algorithms.
"Connection fee" shall mean charges made for connection to the utility system. The
connection fees will include the costs of tapping the water main, sewer main or storm main,
Page 3 of 10
City Ordinance Form 2021 Title 15 Changes
Rev. 10/2019
installing the service and meter, restoring the surface, and all other costs associated with the
physical connection of the customer system to the City utility system.
"Construction charge and special fees" shall mean those charges made by the City to
cover its unreimbursed construction costs for installing special facilities not covered by
connection fees and general facility fees.
"Contract user" shall mean any user who, by virtue of the amount, strength, or location of
its discharge or the conditions of service, requires a contractual basis for service to be equitably
served.
"Creek" shall mean those areas where surface waters flow sufficiently to produce a
defined channel or bed. A defined channel or bed is indicated by hydraulically sorted sediments
or the removal of vegetative litter or loosely rooted vegetation by the action of moving water.
The channel or bed need not contain water year around. This definition is not meant to include
stormwater runoff devices or other entirely artificial watercourses unless they are used to store
and/or convey pass-through stream flows naturally occurring prior to construction.
"Critical area" shall mean any area designated as a critical area pursuant to RCW
36.70A.170 and Chapter 20.14 BMC.
"Cross connection" shall mean any physical arrangement whereby the City water system
is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit,
pool, storage reservoir, plumbing fixture, or other device which contains or may contain
contaminated water, sewage, or other waste or liquids of unknown or unsafe quality that may be
capable of imparting contamination to the City water system as a result of backflow. Bypass
arrangements, jumper connections, removal sections, swivel or changeover devices, and other
temporary or permanent devices through which or because of which backflow could occur are
considered to be cross connections.
"Cubic feet (CF)" shall mean cubic feet of measure.
SECTION 2. Subsection 15.01.020(r) of the Bremerton Municipal Code entitled
“Definitions ‘R’” is hereby amended to read as follows:
15.010.020 DEFINITIONS.
(r) Definitions "R":
"Redevelopment" means conversion of an existing development to another land use, or
addition of a material improvement to an existing development.
"Reimbursement agreement" shall mean an agreement entered into between the installer
owner of a utility facility and the City for the purpose of reimbursing the installer owner for all
or part of the costs for installation or extension of the utility system by subsequent development
for the facility defined in the agreement.
"Removal" shall mean the actual destruction or causing the effective destruction through
damaging, poisoning or other direct or indirect actions resulting in the death of a tree or ground
cover.
"Roof drains" shall mean any downspout, scupper or device that collects and conveys
stormwater runoff from a roof surface.
"Routine landscape maintenance" shall mean pruning, weeding, planting annuals,
mowing turf lands and ground cover management which is undertaken by a person in connection
with the normal maintenance and repair of property. This definition does not include falling or
topping of trees or removal of invasive plants resulting from lack of regular maintenance.
Page 4 of 10
City Ordinance Form 2021 Title 15 Changes
Rev. 10/2019
SECTION 3. Subsection 15.01.020(s) of the Bremerton Municipal Code entitled
“Definitions ‘S’” is hereby amended to read as follows:
15.01.020 DEFINITIONS.
(s) Definitions "S":
"Sanitary sewage" shall mean the liquid wastes and all constituents therein that are
related to the use of such sanitation facilities, toilets, bathtubs, showers, sinks, dishwashers,
washing machines, garbage grinders, and other devices. However, any other water that enters
sanitary or combined sewers before or after discharge by a user shall thereafter also be called
sewage. "Sewage" is essentially synonymous with the term "wastewater," except that wastewater
may also contain liquid wastes discharged from industrial operations or processes.
"Sanitary sewer" shall mean only those portions of the wastewater system which are
designated to carry, transport, or dispose of wastewater.
"Sedimentation" shall mean the process of gravity-induced settling, sinking and
deposition of fragmented rock, soil, or organic particles displaced, transported, and deposited by
erosive water-based processes.
"Septage waste" shall mean waste material pumped from an on-site wastewater disposal
system such as a septic tank or cesspool or holding tank.
"Service line" shall mean a water service line constructed between the water main and the
right-of-way or easement line in accordance with current Engineering Design and Construction
Standards.
"Sewer lateral" shall mean a sanitary sewer constructed between the sanitary sewer main
and the right-of-way or easement line in accordance with current Engineering Design and
Construction Standards.
"Siltation" shall mean deposition of soil, sand, and gravel on the surface or in stormwater
conveyance systems as a result of erosion in tributary areas and transport by runoff water.
"Single-family parcel or unit" shall mean a parcel which has been developed with a
single-family living unit.
"Single-metered building" shall mean a building with more than one unit where the utility
account is measured through a single water meter and provides service to all units and/or
common areas.
"Site" shall mean the portion of a piece of property which is directly subject to
development.
"Slope" shall mean the inclination of a surface expressed in a ratio of horizontal run to
vertical rise measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first
number is the horizontal distance (run) and the second is the vertical distance (rise), as 2:1. A 2:1
slope is a fifty (50) percent slope. Expressed in degrees, the slope is the angle from the horizontal
plane, with a ninety (90) degree slope being vertical (maximum) and forty-five (45) degrees
being a 1:1 or one hundred (100) percent slope.
"Standard construction costs" shall mean the total cost of installation of a utility piping
system, including the cost of all manholes, distribution system, or incidental work necessary to
place the utility system in service, meeting the minimum size and installation requirements of the
utility for the intended service.
Page 5 of 10
City Ordinance Form 2021 Title 15 Changes
Rev. 10/2019
"Standard gravity sanitary sewer" shall mean a sanitary trunk sewer conveying flow to a
point of collection without pumping and constructed in accordance with current Engineering
Design and Construction Standards.
"Standard gravity sewer connection" shall mean a connection made to a gravity trunk or
lateral sanitary sewer of the City, except those City sewer lines located on the waterfront or
pressure sewer line.
"Standard stormwater sewer" shall mean a stormwater line not less than twelve (12)
inches in diameter and constructed in accordance with current Engineering Design and
Construction Standards.
"Standard water main" shall mean a water distribution line constructed in accordance
with current Engineering Design and Construction Standards.
"Standards" shall mean the current Engineering Design and Construction Standards for
the City of Bremerton.
"Stormwater Manual" shall mean the manuals adopted in BMC 15.04.020.
"Stormwater system" shall mean all facilities for collecting, transporting, pumping,
treating and discharging stormwater. All developed properties within the City are connected to
the stormwater system.
"Sump pump" shall mean a pump that conveys ground water or stormwater runoff away
from a sensitive area of a property to prevent flooding or property damage. A sump pump that
discharges into a sanitary sewer or wastewater system is an improper connection.
"SWMMWW" shall mean the current version of the Washington State Department of
Ecology’s Stormwater Management Manual for Western Washington.
SECTION 4. Section 15.01.030 of the Bremerton Municipal Code entitled
“Utility Service Agreement” is hereby amended to read as follows:
15.01.030 UTILITY SERVICE AGREEMENT.
(a) Each customer of the utility and any person requesting utility service from the City
for water, wastewater, or stormwater shall be required to make application and enter into a utility
service agreement. Agreements shall be executed prior to connection to the utility system or
activation of the account.
(b) The utility service agreement shall include the name and address of the owner and
the service address of the premises served together with the service requested. The agreement
shall be signed by the owner of the property or the owner’s designated agent and shall be filed
with the City prior to making any utility service connectionbefore building permit issuance. No
partial utility service agreement will be issued or approved; all services requested will be listed
on the application. The applicant shall pay all general facility charges (GFCs) and installation
and inspection fees for the all utility services, as herein provided, prior to making any utility
servicewater, or storm service connection. Recognizing the broad benefits of the stormwater
system as defined in BMC 15.01.020, all developed properties within the City are subject to the
stormwater GFC regardless of whether they are or will be physically connected to the stormwater
system. The building permit will not be issued until all of the applicable City fees are paid. Any
request for deferment shall be in accordance with Bremerton Municipal Code Chapter 15.06.
(c) The utility service agreement and/or the utility billing owner/tenant change form for
service shall constitute a contract between the applicant and the City in which the applicant
agrees to pay for service provided at the rate and in the manner specified.
Page 6 of 10
City Ordinance Form 2021 Title 15 Changes
Rev. 10/2019
(d) The agreement shall be effective at the time it is signed by the Director and charges
for service to the premises shall be assessed from date of connection.
(e) Customers may request written quotes from the City for the fees, assessments and
charges for utility service. Such quotes are valid for ninety (90) days from the date of the quote,
or until the end of the calendar year, whichever is sooner.
(f) A customer can request in writing a refund of their Utility Service Agreement
stating the reason for the request. When the request is received the Director will prorate the
amount of refund based on the work performed to date, including consideration of any payments
made to third parties in reliance on the utility service agreement.
SECTION 5. Section 15.01.050 of the Bremerton Municipal Code entitled
"Condition of Service – Contract" is hereby amended to read as follows:
15.01.050 CONDITION OF SERVICE – CONTRACT
The City may contract for sale of surplus water or collection of wastewater and/or
stormwater with other districts or other public agencies providing utility service. Such services
shall be through a wholesale contract, under such terms and conditions as shall be deemed fair
and equitable by the City and approved by the City Council.
SECTION 6. Section 15.01.100 of the Bremerton Municipal Code entitled
“Developer System Improvements – Reimbursement Agreements” is hereby amended to read as
follows:
15.01.100 DEVELOPER SYSTEM IMPROVEMENTS – REIMBURSEMENT
AGREEMENTS
(a) The City may must enter into reimbursement agreements with property owners
responsible for the installation of system improvements in accordance with RCW 35.91.020.to
provide for reimbursement to owners by others benefiting from the improvements and
connecting to the improvements at a later time.
Requests for reimbursement by the property owner pursuant to this section shall be made
in writing prior to entering into the public utilities construction agreement. Specific provisions of
reimbursement shall be included in the reimbursement agreement and shall comply with RCW
35.91.020. The City shall determine the area that is subject to the reimbursement and shall
identify the properties benefiting from the utility system improvements in a description or a
drawing that will become part of the public utilities construction agreement.
(b) Reimbursements will be added to the City’s permitting and licensing computer
system.
(c) Reimbursement from each benefiting property owner shall be determined by the
City as stipulated in the system improvementreimbursement agreement. Cost recovery payments
by properties benefiting from connections to developer extensions shall be collected by the City.
(d) Reimbursement to the property owner constructing the improvement shall be
limited to fifteen (15) years from the date of acceptance of the improvement. The City shall
retain fifteen five percent (15%) of the cost recovery payments for maintaining records and
administration of the program and forward the remainder of the payment to the property owner
who originally constructed the water, wastewater, or stormwater system improvement.
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SECTION 7. Section 15.02.070 of the Bremerton Municipal Code entitled
“Private Pressure Adjustment” is hereby amended to read as follows:
15.02.070 PRIVATE PRESSURE ADJUSTMENT.
Where water supply is not available to a premises because of low pressure during periods
of peak demands for water, or where property is situated at such an elevation that it cannot be
assured of adequate pressure, the owner may, at the owner’s expense, install a pump or pump
system to furnish supply pressure, which shall be approved by the City. The City approval shall
be based on the protection of the safety and integrity of the water system and not on the
adequacy of the private system’s design for its intended use. The auxiliary system shall be
separated from the meter box and remain the property of the property owner, who will be solely
responsible for its maintenance and operation.
In the event local conditions result in high pressure (exceeding eighty (80) psi), a
pressure reducing valve may be required and installed at the expense of the owner. The pressure
reducing valve shall be separated from the meter box and remain the property of the property
owner who will be solely responsible for its maintenance and operation.
SECTION 8. Section 15.02.090 of the Bremerton Municipal Code entitled “Fire
Service and Irrigation Metering” is hereby amended to read as follows:
15.02.090 FIRE SERVICE AND IRRIGATION METERING
(a) Except as provided for in BMC 18.02.170, all fire service lines shall have separate
service lines and separate meters. If the existing service to the property does not meet the correct
flow requirement, the cost to install the correct size will be assessed and paid to the City before
work is completed.
All new and existing automatic or manual fire sprinkler (wet and combination standpipe)
systems used for fire protection shall be metered at the expense of the owner. Failure to make
application for and payment of all fees for the installation of a meter as required on non-metered
fire lines within ninety (90) days of notification shall be cause for the discontinuance of water
service to the fire protection system.
(b) All commercial or industrial sites shall have separate metered service for
irrigation if irrigation is part of the approved new development.
(c) Irrigation systems connected to a residential water meter are to be solely used for
the parcel or property served. No other parcel may be served.
SECTION 9. Section 15.02.100 of the Bremerton Municipal Code entitled
“Service Connections” is hereby amended to read as follows:
15.02.100 SERVICE CONNECTIONS
(a) All service connections shall be installed by the City in accordance with the
Engineering Design and Construction Standards.
The service connections shall be extended at right angles from the water system to the
property line and installed within the right-of-way not to exceed forty (40) feet from the main.
The water service line within the public right-of-way shall be maintained by and kept within the
exclusive control of the City. Each service connection shall have its own service line and meter.
Installation shall be at the expense of the property owner.
Page 8 of 10
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(b) Whenever an applicant requests and receives water service to a premises that does
not front a main, a main shall be installed as a prerequisite to connect to the water system.
(c) To service property which does not abut on a public right-of-way in which there is
a water main, the City may install a connection to the most appropriate main. This connection
shall be perpendicular to the main to the right-of-way line, and installed within the right-of-way
not to exceed forty (40) feet from the main, and permit connection therewith by the owner at the
property owner’s expense.
(d) Every individual parcel under separate ownership connected to the water system
shall be required to install a separate service connection to the water main, and the premises so
supplied will not be allowed to supply water to any other premises or parcel. However, these
restrictions shall not apply to existing services unless improvements are done to the parcel and
the separate service and meter can be installed for twenty-five percent (25%) or less than the
total improvement cost of the project or, in the judgment of the Director, such existing
connection should be discontinued.
(e) When a single parcel of land having more than one (1) residential structure served
by a single water meter is subdivided, the installation of new water service(s) shall be required
for the structures on the newly established lots. The expense for installation of the new service(s)
will be to the owner that subdivided the property, and application for the service(s) will be filed
prior to the approval of subdivision. The new service(s) will be subject to all fees including
general facility charges.
(f) When an existing structure is removed and a new structure is constructed on the
same property or parcel, a new utility service agreement is required. Any existing water service
line that does not meet current Engineering Design and Construction Standards and requirements
shall be flow tested and approved by the Director for reuse. Any existing water service line
determined to be substandard must be replaced as directed by the Director at the owner’s
expense.
(g) In new and pre-existing water service connections, each and every water meter
shall have a shut-off valve on the customer side of the meter. Each water meter not already
equipped with a shut-off valve as provided herein, must install a shut off valve at the owner’s
expense. A shut-off valve must be installed within ninety (90) days of written notice from the
City. Failure to install a shut-off valve within the time required will result in fees and costs for
any calls related to temporary shut off of service.
(hg) In new and pre-existing water service connections where one (1) water service
serves more than one (1) premises, each and every building or trailer, when connected to one (1)
water meter, must be provided with a separate shut-off valve. Shut-off valves shall be located so
that each may be closed without disrupting water service to the remaining units. Each separate
water service not already equipped with a shut-off valve as provided herein must install shut-off
valves, at the owner’s expense, within ninety (90) days of notice of defect. Failure to provide
such valve, or to shut off the water at such unit when unoccupied, will be considered sufficient
reason to deny any adjustment in the water bill in the event of leakage due to these causes.
(ih) The City may require or allow additional service connections when such
additional service connections are in the best interest of the utility.
SECTION 10. Section 15.04.060 of the Bremerton Municipal Code entitled
“Service Area” is hereby amended to read as follows:
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City Ordinance Form 2021 Title 15 Changes
Rev. 10/2019
15.04.060 SERVICE AREA.
Stormwater service is considered available to all of the public and private property within
the City of Bremerton. Stormwater service area includes all public and private properties within
the City of Bremerton through either natural drainages, direct discharge to receiving water, or
constructed conveyance systems. All developed properties within the City are subject to the
rates, GFCs, and other charges for stormwater service described in Chapter 15.06 BMC. Service
is considered available for all properties in the City of Bremerton; however, In addition, storm
drainage mitigation may be required pursuant to BMC 15.04.070.
SECTION 11. Corrections. The City Clerk and codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of scrivener, clerical, typographical, and spelling errors, references, ordinance
numbering, section/subsection numbers and any references thereto.
SECTION 12. Severability. If any one or more sections, subsections, or sentences
of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this ordinance and the same shall remain in full force and
effect.
SECTION 13. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the___________ day of ____________________, 20___.
_________________________________
KEVIN GORMAN, Council President
Approved this ________ day of ________________________, 20___.
_________________________________
GREG WHEELER, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ _________________________________
ANGELA HOOVER, City Clerk KYLIE FINNELL, City Attorney
Page 10 of 10
City Ordinance Form 2021 Title 15 Changes
Rev. 10/2019
PUBLISHED the ________ day of ______________________, 20__.
EFFECTIVE the ________ day of ______________________, 20__.
ORDINANCE NO. ________.
R:\Legal\Legal\Ordinances\Public Works & Utilities\Title 15 Updates 2021\2021.08.03 Ordinance - Title 15 Changes -
FINAL.docx
ORDINANCE AMENDING TITLE 15
OF THE BMC
City Council Study Session
August 11, 2021
Minor Modifications
Stormwater System
•"Stormwater system" shall mean all facilities for collecting,
transporting, pumping, treating and discharging stormwater.
All developed properties within the City are connected to the
stormwater system.
DEFINITIONS 15.01.020
Service Agreement Required
•The agreement shall be signed by the owner of the property or
the owner’s designated agent and shall be filed with the City
prior to making any utility service connection.
All Properties Subject to the Storm GFC
•Recognizing the broad benefits of the stormwater system as
defined in BMC 15.01.020, all developed properties within the
City are subject to the stormwater GFC regardless of whether
they are or will be physically connected to the stormwater
system.
15.01.030 UTILITY SERVICE AGREEMENTS
Modified to reference RCW 35.91.020
•Reimbursement Agreements allow a developer to recover
costs of utility infrastructure improvements from future
benefitting properties.
•The term for Reimbursement Agreements has been increased
to 20 years.
•Staff propose reducing the admin fee from 15% to 5%. This is in
line with the effort to administer the agreement and increases
cost recovery for developers.
15.01.100 REIMBURSEMENT AGREEMENTS
Irrigation Systems
•Irrigation systems connected to a residential water meter are
to be solely used for the parcel or property served. No other
parcel may be served.
OTHER CHANGES
Water and WW Service Connections
•Every individual parcel under separate ownership connected
to the water system shall be required to install a separate
service connection to the water main…
•In new and pre-existing water service connections, each and
every water meter shall have a shut-off valve on the customer
side of the meter. Each water meter not already equipped with
a shut-off valve as provided herein, must install a shut off valve
at the owner’s expense. A shut-off valve must be
installedwithin ninety (90) days of written notice from the City.
OTHER CHANGES
QUESTIONS?
Form Created 5/4/15
INFORMATION ONLY ITEM
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Briefing on Lodging Tax
Advisory Committee (LTAC) Grant
Application Rating Criteria and Process for
Distribution of Funds for 2022
Study Session Date: August 11, 2021
Presenter:
LTAC Chair
Michael Goodnow
Phone:
(360) 473-5280
SUMMARY: With the 2021 Lodging Tax Grant Awards now completed, a briefing will be provided
by LTAC Chair Michael Goodnow on the process underway for the 2022 Lodging Tax Grant Review.
Local groups have submitted applications with funding requests for use in 2022.
The LTAC will meet this fall to begin reviewing these requests.
The purpose of this briefing is to obtain feedback from the Council on their preferred
priorities for rating criteria, while remaining within the criteria set by WA State law.
The feedback provided by Council will then be used to establish the 2022 Rating Checklist to
be followed by the LTAC when they consider how to distribute the available funds.
It is anticipated the LTAC 2022 Funding Recommendations with be presented to the Council
in October.
HANDOUTS: 1) Lodging Tax Overview by Municipal Research Services Center; 2) 2022 Request
for Proposals and Grant Application; and 3) Proposed LTAC Rating Checklist
STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation
B1
Lodging Tax (Hotel-Motel Tax)
This page provides an overview of the lodging tax, also known as the hotel-motel tax, that
cities and counties in Washington State may charge to benefit tourism, including applicable
tax rates, use of revenues, lodging tax advisory committees (LTACs), and sample
documents.
The information on this page applies only to cities and counties. Certain public facilities
districts also have separate lodging tax authority which is not discussed on this page. For
more information, see our page on Public Facilities Districts (PFDs).
For further guidance on lodging taxes and other local revenue options, see MRSC’s City
Revenue Guide and County Revenue Guide.
Overview
Any city, town, or county has the authority to levy lodging taxes, also known as
“hotel/motel taxes,” on all charges for furnishing lodging at hotels, motels, and short -
term rentals – including such activities as Airbnb, bed and breakfasts (B&Bs), RV parks,
and other housing and lodging accommodations for periods of time less than 30 days.
The tax is collected as a sales tax and paid by the customer at the time of the
transaction, and the revenues must be used for eligible tourism promotion activities or
tourism-related facilities.
There are two lodging tax options:
A “basic” or “state-shared” lodging tax up to 2% that is taken as a credit
against the 6.5% state sales tax rate, so that the lodging patron does not see any
tax increase (RCW 67.28.180-.1801). The state also sometimes refers to this as
the “transient rental tax.”
An “additional” or “special” lodging tax up to 2% on top of the other state and
local retail sales taxes, resulting in a higher tax bill for the patron (RCW
67.28.181).
If a jurisdiction imposes both options at the maximum rate, that would bring the total
lodging tax rate to 4%. However, a few specific jurisdictions are not authorized to collect
certain lodging taxes while others have additional authority, as discussed below.
"Basic" or "State-Shared" Lodging Tax
Any county has the authority to levy the “basic” or “state-shared” lodging tax up to 2%
(RCW 67.28.180), which is taken as a credit against the 6.5% state sales tax (RCW
67.28.1801). This means that there is no tax increase, and the total tax paid by the patron is
equal to the retail sales tax in the jurisdiction in which the lodging is located. The state’s
portion of the sales tax rate on lodging effectively drops from 6.5% to 4.5% within those
jurisdictions. The state sometimes refers to this as the “transient rental tax.”
Most cities and towns have similar “basic” lodging tax authority. The city’s basic rate is
credited against the county’s basic rate (RCW 67.28.180(2)). For instance, if both the city
and the county impose the full 2% basic lodging tax, the total rate will be 2% countywide,
but the county will not receive revenues from the incorporated area because it must credit
those revenues back to the city.
The basic lodging tax has a few exceptions:
No city located within King County may impose the basic lodging tax (see RCW
67.28.180(2)(c)(ii)), except for Bellevue which has legislation allowing it to collect a
rate up to 2% until its related debt is retired (subsection (2)(c)(iii).
No city that is located within a county that is exempt under RCW 67.28.180(2)(b)
may impose the basic lodging tax so long as the county remains exempt. Currently,
Yakima County is the only county exempt under that subsection, so no city within
Yakima County may impose this tax. However, there is also an exception that
grandfathers in the City of Yakima and allows it to collect a basic lodging tax up to
2% until its related debt is retired (subsection (2)(c)(iii)).
For Bellevue/King County and City of Yakima/Yakima County, the statutory
exemptions allow the jurisdictions to “double-dip,” meaning that the city lodging tax
is not taken as a credit against the county rate. Instead, the city and county rates are
added together, resulting in a credit of up to 4% against the state sales tax rate
within Bellevue and the City of Yakima. This means the state only receives a 2.5%
sales tax on lodging in those two cities.
"Additional" or "Special" Lodging Tax
In addition to the “basic” 2% lodging tax, any county may impose an “additional” or
“special” lodging tax up to 2% in increments no smaller than 0.1% (RCW 67.28.181). Unlike
the basic lodging tax, the additional lodging tax is not a credit against the state sales tax and
results in a tax increase for the lodging patron.
If the basic and additional lodging tax are each levied at a rate of 2%, the combined lodging
tax rate would be 4% and the total tax paid by the patron would equal the retail sales tax in
the jurisdiction plus the additional/special lodging tax of 2%.
Most cities and towns also have similar authority, and just like the basic lodging tax the
city’s additional lodging tax must be taken as a credit against the county’s additional rate
(RCW 67.28.181(3)). For instance, if both the city and the county impose the full 2%
additional lodging tax, the total additional rate will be 2% countywide, but the county will
not receive revenues from the incorporated area because it must credit those revenues
back to the city.
The additional lodging tax also has a few exceptions:
Counties and cities that imposed a combined lodging tax greater than 4% before July
27, 1997 were grandfathered in under RCW 67.28.181(2)(a). This includes Grays
Harbor and Pierce counties (and the cities within them), plus the cities of Airway
Heights, Bellevue, Chelan, Leavenworth, Long Beach, Winthrop, and Yakima.
Any city located within a county that had the authority to levy a countywide 4%
lodging tax before January 1, 1997 may not impose the additional 2% (RCW
67.28.181(2)(b)). This applies to all cities in Cowlitz and Snohomish counties.
Cities that imposed a combined lodging tax rate of 6% before January 1, 1998 are
grandfathered in under RCW 67.28.181(2)(d). This occurred due to a unique set of
circumstances and only applies to the cities of Wenatchee and East Wenatchee.
Use of Revenues
City and county lodging tax revenues – including both the “basic” and “additional” lodging
taxes – must generally be used for tourism promotion, acquisition of tourism-related
facilities, or operation of tourism-related facilities (RCW 67.28.1815-.1816), including:
Tourism marketing;
Marketing and operations of special events and festivals designed to attract tourists;
Operations and capital expenditures of tourism-related facilities owned or operated
by a municipality or a public facilities district, including repayment of general
obligation bonds (RCW 67.28.150) or revenue bonds (RCW 67.28.160) for eligible
capital projects; or
Operations of tourism-related facilities owned or operated by nonprofit
organizations (but not capital expenditures).
(King County has separate provisions and requirements for how to spend the revenues.)
Definitions of “tourism,” “tourism promotion,” and “tourism-related facility” are provided
in RCW 67.28.080. Cities and counties may use the funds either directly, or indirectly
through a convention and visitor’s bureau or destination marketing organization. The
funds may be awarded to nonprofits, tourism organizations, and to the city or county for
eligible expenses.
Practice Tip: The guiding principle is that these facilities should be used by tourists. So for
example, a municipal golf course would likely be a permitted lodging tax expenditure in
Chelan, while it probably would not be if it were in a residential neighborhood in Spokane.
Each situation is unique and requires careful assessment.
After conferring with the State Auditor’s Office, we have also concluded that lodging tax
revenues may be used to pay for staff support of the lodging tax advisory committee (LTAC,
described in further detail below), provided that proper application and reporting
requirements are followed. Our conclusion comes from RCW 67.28.1815, which states that
the revenues must be used “solely for the purpose of paying all or any part of the cost of
tourism promotion…” It is our opinion that the primary function of an LTAC is to promote
and market tourism.
Cities and counties may also use lodging tax revenues to repay general obligation bonds
(RCW 67.28.150) or revenue bonds (RCW 67.28.160) issued for affordable workforce
housing within a half-mile of a transit station. For more information, see our page
on Affordable Housing Funding Sources.
Application and Award Process
All prospective lodging tax recipients must apply to the city/county for funding. The
entities that may apply for lodging tax funding are:
Convention and visitors’ bureaus;
Destination marketing organizations;
Nonprofits, including main street organizations, lodging associations, or chambers
of commerce; and
Municipalities (defined as any city, town, or county).
Any city or county with a population of 5,000 or more that imposes any lodging tax must
also establish a lodging tax advisory committee (LTAC), described in the next section, to
review the applications and make funding recommendations.
Jurisdictions with a population of less than 5,000 are not required to establish an LTAC,
although they may do so if desired. If the jurisdiction does not have an LTAC, prospective
applicants must apply directly to the legislative body (city council or county commission)
for consideration and funding.
All applications must include estimates of how funding the activity will result in increases
to the number of people staying overnight, traveling 50 miles or more, or coming from
another state or country. To ensure that the applicants are compliant with this statutory
requirement, this information should be included in the lodging tax application form that
will be filed with the city/county or the LTAC.
There is no requirement that priority for funding be given to applicants expected to
generate the largest number of tourists, and lodging tax revenue may still be awarded to
recipients who provide services that indirectly increase tourism such as destination
marketing organizations.
The law is silent on the frequency of the awards. Some jurisdictions choose to make the
award process a part of their annual budget cycle while others may incorporate a mid-year
awards procedure to account for unexpected increases or decreases in lodging tax
revenues.
Practice Tips:
The State Auditor’s Office interprets the law to mean that all users of lodging tax
funds, including municipalities, are considered applicants and must follow the
relevant application procedures. So, if cities or counties are seeking to use the funds
directly, the city/county should submit applications for their own projects to the
legislative body or LTAC for consideration.
To avoid any concerns regarding gifting of public funds, the city or county awarding
the funds should enter into a contract with the recipient organization(s). The
contract should spell out the tourism-related services to be provided in exchange for
the funding, as well as the required reports that must be filed by the recipient that
quantifies the services in terms of the number or tourists generated as a result of
the funding.
Lodging Tax Advisory Committees (LTACs)
Any city or county with a population of 5,000 or more that imposes any lodging tax is
required to establish a lodging tax advisory committee (LTAC) to review the applications
and make funding recommendations to the legislative body.
Practice Tip: Jurisdictions with a population of less than 5,000 are not required to
establish an LTAC, although they may do so voluntarily. If a jurisdiction voluntarily
establishes an LTAC, it is not required to follow these rules and may adopt its own
processes and requirements.
For jurisdictions of at least 5,000 population, the LTAC must be appointed by the legislative
body (city council or county commission) and must contain at least five members, including
at least two representatives of businesses that are required to collect the lodging tax, at
least two people who are involved in activities that are authorized to be funded by the
lodging tax, and one elected official from the jurisdiction who serves as chair (RCW
67.28.1817).
The number of committee members from organizations representing hotels/motels
collecting the tax and the number from organizations involved in activities that can be
funded must be equal. Organizations representing hotels and motels and organizations
involved in activities that can be funded by this tax may recommend people for
membership.
The statute also provides that a person who is eligible under the first category (lodging
businesses) is not eligible for appointment under the second category (funding
organizations), and vice versa.
The legislative body must review the committee’s membership annually and makes
changes as appropriate. A city's committee may include a non-voting elected county official
and vice versa.
The LTAC receives all applications for lodging tax revenue and recommends a list of
candidates and funding levels to city or county legislative body for final determination. The
statute says that the legislative body “may choose only recipients from the list of candidates
and recommended amounts provided by the local lodging tax advisory committee” (RCW
67.28.1816(2)(b)(ii), emphasis added).
Practice Tip: The legislative body is not required to fund the full list of recommended
recipients and may choose to make awards to only some or even none of the recommended
recipients, but the legislative body may not award funds to any recipient that was not
recommended by LTAC.
However, an informal opinion from the Attorney General’s Office in 2016 states that the
legislative body may award amounts different from the LTAC’s recommended amounts, but
only after satisfying the procedural requirements of RCW 67.28.1817(2). This requires the
municipality to submit its proposed change(s) to the LTAC for review and comment at least
45 days before final action is taken.
Any proposal to impose a new lodging tax, raise the rate of an existing tax, repeal an
exemption from the lodging tax, or change the use of the tax proceeds, must be submitted
to the lodging tax advisory committee for review and comment at least 45 days before final
action will be taken on the proposal by the legislative body (RCW 67.28.1817(2)).
Reporting Requirements
All cities and counties receiving lodging tax revenues must file an annual report with the
Joint Legislative Audit & Review Committee (JLARC) by May 15 for the prior calendar year
(RCW 67.28.1816). If a jurisdiction received lodging tax revenues but did not have any
distributions or expenses during the calendar year, the JLARC report must still be
completed and filed by the deadline indicating no activity.
JLARC has established an online reporting system – see the reporting instructions, data
field descriptions, and FAQs at the top of the JLARC page. The reporting requirements
include:
All lodging tax revenues received;
All lodging tax revenues distributed and/or expended;
All recipients of lodging tax monies, including the city itself, that may have directly
used lodging tax funds for qualifying facilities, tourist events, or tourism
administration; and
For all recipients, the actual number of people traveling for business or pleasure on
an overnight trip in paid accommodations, traveling 50 or more miles away from
their business or place of residence for the day or overnight, or traveling from
another country or state.
Practice Tip: The deadline to submit the annual lodging tax data to JLARC is May 15 for the
year ending December 31 of the prior fiscal period. However, the JLARC online filing
system can record and store lodging tax activity throughout the calendar year, so as part of
your contract with recipients, we recommend that you require the recipient to file the
actual number of attendees, overnight stays, and/or other associated tourism data as soon
as the event or activity has been completed to ensure the city’s full compliance with JLARC.
Maximum Combined Sales & Lodging Tax Rate
For cities and counties, the maximum combined sales and lodging tax rate upon sales of
lodging may not exceed 12% (RCW 67.28.181(1)), except for Seattle which has a maximum
combined rate of 15.2%. The statutes included within the 12% cap are:
Chapter 36.100 RCW (public facilities districts),
Chapter 82.08 RCW (state sales tax)
Chapter 82.14 RCW (local sales taxes)
Chapter 67.28 RCW (lodging taxes), and
Chapter 67.40 RCW (convention and trade center tax – repealed in 2010).
However, affordable housing sales taxes (see RCW 67.28.181(4)) and the first 0.4% of the
Sound Transit high-capacity transit sales tax (adopted prior to December 1, 2000 –
see RCW 82.14.410(2)(c)) are not included within the 12% cap.
Most counties and cities are not that close to the 12% cap, and the cap does not affect the
ability of any jurisdiction to impose the maximum “basic” lodging tax allowed by law since
it is taken as a credit against the state sales tax and does not increase the sales tax rate.
However, the 12% cap may limit the “additional” lodging tax rate that some jurisdictions
may impose.
RCW 82.14.410 provides that any local sales and use tax increase adopted after December
1, 2000 must exempt lodging sales if the increase would cause the total combined
lodging/sales tax rate to exceed the greater of the 12% cap or the actual combined
lodging/sales tax rate in effect on December 1, 2000.
Examples of Lodging Tax Documents
Below are selected examples of lodging tax ordinances, code provisions, application forms,
and contracts.
Code Provisions/Ordinances
Clallam County Code Ch. 5.13 – Additional Special Excise Tax on Lodging
Ferndale Municipal Code Ch. 2.31 – Lodging Tax Advisory Committee
Kirkland Municipal Code Ch. 5.19 – Lodging Excise Tax, with tourism development
committee performing LTAC functions
Ocean Shores Resolution No. 787 (2019) – Establishing plan for use of lodging tax
funds, LTAC membership, funding process, and city council goals and priorities for
use of lodging taxes.
Quincy Municipal Code Ch. 2.36 (Lodging Tax Advisory Committee) and Ch.
3.24 (Hotel/Motel Tax)
San Juan County Code Ch. 3.16 – Lodging Tax
SeaTac Ordinance No. 98-1049 (1998) – Authorizes issuance of $5 million in limited
tax general obligation (LTGO) bonds for specified tourism-related capital projects,
repaid from lodging tax revenues and, if lodging taxes are insufficient, general
property taxes
Spokane Valley Municipal Code Ch. 3.20 – Transient Occupancy Tax
RFPs, Applications, and Guidelines
Airway Heights Lodging Tax Advisory Committee – Includes city’s tourism policy
goals and strategic plan, LTAC grant application and instructions, and application
for reimbursement of approved funding
Kittitas County, Cle Elum, Ellensburg, and Roslyn Request for Proposals: Lodging
Tax Fund – Consolidated online application form for county and cities. Provides lots
of details about the application and scoring process; users must log in to access form
o Lodging Tax Request For Proposals (2017) – Older paper copy of RFP;
includes application form, rating form; and applicant and internal submittal
checklists
o Consolidated Lodging Tax Interlocal Agreement (amended 2018) – Creates
consolidated lodging tax application process with countywide lodging tax
advisory committee (LTAC) work group consisting of members of each
participating LTAC. Includes amendments.
Lacey Application for City Lodging Tax Funds (2019)
Ocean Shores Lodging Tax Funds Application (2019)
Pacific County Lodging Tax Grant Application Packet (2019)
Pierce County Lodging Tax Program – Includes application process and forms, list
of awards, and “resources” including the county’s tourism funding strategic plan and
LTAC scoring matrices. Applicants must schedule a one-on-one application
workshop with the county economic development department.
San Juan County Lodging Tax Advisory Committee – Includes most recent LTAC
master plan, RFPs, and application forms
Wenatchee Application for Lodging Tax Funds (2016)
Contracts with Lodging Tax Recipients
Ocean Shores Tourism Promotion Agreement (2019) – Contract template for
lodging tax recipients; includes reporting requirements and example of final report
on number of visitors and paid room nights
Olympia Professional Services Agreement for Tourism Promotion (Lodging Tax)
Services (2014) – Agreement to use lodging tax revenues for marketing and
promotion of the Hands On Children’s Museum and the 2014 Sand in the City event,
not to exceed $60,000.
Union Gap Old Town Days Agreement (2011) – Simple and short contract
Wenatchee Municipal Services Agreement Re: Lodging Tax Funded
Activities (2014) – Agreement to use lodging tax revenues to support operations of
nonprofit Wenatchee Valley Museum and Cultural Center Association by growing
visitation, enhancing events and marketing, and supporting a visitor services staff
member/volunteer coordinator
Last Modified: May 06, 2021
https://mrsc.org/Home/Explore-Topics/Finance/Revenues/Lodging-Tax.aspx
CITY OF BREMERTON
2021-2022 Lodging Tax Request for Proposals
June 11, 2021 Updated July 10, 2021
The City of Bremerton’s Lodging Tax Advisory Committee is now accepting separate applications for Fiscal
Years 2021 and 2022.
Applicants who may apply for funding may include the following:
• visitor and convention bureaus
• destination marketing organizations or businesses
• non-profit organizations including main street organizations, lodging associations, or chambers of
commerce
• municipalities or public facilities districts owning or operating tourism related facilities Waived for this
application cycle due to COVID-19 Impacts
Eligible projects are defined under RCW 67.28 as the following:
• tourism-based marketing to attract out-of-area tourists (more than 50 miles away)
i.e. printed brochures, flyers, posters; website; social media; radio; newspaper ads
• marketing and operations of special events and festivals designed to attract out-of-area tourists
• operations of tourism-related facilities owned or operated by non-profits
• operations and capital expenditures of tourism related facilities owned or operated by a municipality or
public facility district
TIMELINE
Request for Proposals Issued June 11, 2021
Request for ’21 Proposals Deadline Noon on July 1, 2021
Request for ’22 Proposals Deadline Noon on July 29, 2021
Discuss & Finalize ’21 Recommendations July 9, 2021
Meetings with Eligible ’22 Applicants TBA
Discuss & Finalize ’22 Recommendations TBA
Recommendations approved by City Council By December 15, 2021
Arrangements with Contracts Administrator Beginning in January 2022
BACKGROUND
Each year the City of Bremerton’s Lodging Tax Advisory Committee requests applications to fund projects that
support tourism within Bremerton. Funding varies and this revenue comes from a 4% excise tax charged to
travelers who stay at local hotels. Part of the proceeds are pre-dedicated to operations and debt payments for
the Kitsap Conference Center and for operation of the Admiral Theatre.
The City of Bremerton’s Lodging Tax Advisory Committee (LTAC) was established by the City Council in
accordance with Washington State Law RCW 67.28. The committee’s specific purpose is to advise and
recommend to the City Council how excise taxes on lodging should be allocated to support tourism in
Bremerton.
The Council can accept or modify the recommendations, after submitting its proposed changes to the LTAC,
with the approved allocations being included in the next fiscal year’s budget.
After the budget is approved, the following are required by applicants to receive funding:
• Recipients must enter into a Tourism Promotion Services Agreement with the City of Bremerton
• Business Organizations must have a current Bremerton Business License
• All recipients must provide a signed W9 Form
• Recipients must carry Liability Insurance; and apply for Special Events Permits (as appropriate)
• Prior to reimbursement, regular Invoices must be submitted with detail on completed work
• Data must be reported annually to confirm the actual tourism being generated as required by the
State’s Joint Legislative Audit & Review Committee (JLARC)
THE LODGING TAX ADVISORY COMMITTEE
Under RCW 67.28, the committee is required to have two representatives of businesses that collect the tax,
two representatives of eligible organizations to receive funding, and an elected official.
LTAC Member Organization Role
Michael Goodnow City of Bremerton Elected Official & Committee Chair
Ashley Walchok Fairfield Inn & Suites Collector of Hotel/Motel Tax
Ash Printy Hampton Inn & Suites Collector of Hotel/Motel Tax
Mike Huey Washington State Science &
Engineering Fair (WSSEF)
Potential Recipient of Funds
Virgil Valdez Filipino-American Association of
Kitsap County
Potential Recipient of Funds
APPLICANT CRITERIA
The City of Bremerton has estimated $100,000 will be available to organizations for each year, 2021 and 2022.
This funding is intended to help return long-time community events; and help keep doors open for tourism
supporting organizations and venues impacted by the pandemic.
Changes in the application process include:
• Due to the pandemic and limited available funding, the Bremerton City Council has waived previous
guidelines for the LTAC that dedicated a % for project categories
• The LTAC will not be considering new events/proposals during this application cycle
• The LTAC will not be considering new municipal requests
• Interviews with Applicants will not be required for ’21 Requests
• There will be a separate process for ’21 and ’22 for Applications Review and Recommendations
Criteria to be used by the LTAC will include the following considerations:
• Out of Area Marketing
• Events to draw tourists from 50 miles or more away
• Collaboration with Community Organizations
• Economic Impact
APPLICATION INSTRUCTIONS
2021 Application and all related materials must be submitted electronically to
City.Council@ci.bremerton.wa.us no later than 12:00 PM on Thursday July 1, 2021.
2022 Application and all related materials must be submitted electronically to
City.Council@ci.bremerton.wa.us no later than 12:00 PM on Thursday, July 29, 2021
1. Required for All Applicants:
a) The questions in the application must be completed in order
b) The application must not exceed 3 pages, not including attachments; and
c) The application must be signed by the individual who has the authority to sign documents
such as contracts
2. Required for All Applicants:
a) Brief Statement detailing how the funding would be used Added
b) Program or Project Budget Added
c) Attach your Prior Year and Year-To-Date Income Statement (Revenue & Expense); and
d) Attach your Prior Year and Year-To-Date Balance Sheet (Assets & Liabilities)
***Please note specific line items designated for tourism-related expenses***
3. Required for All Applicants:
a) Attach your current Tax Return
4. Required for All Applicants:
a) Attach up to 5 examples of marketing
Questions may be directed to Christine Grenier, Legislative/Auditor Assistant at (360) 473-5280 or by email at
City.Council@ci.bremerton.wa.us.
For more information on RCW 67.28, please visit https://app.leg.wa.gov/rcw/.
FY2022 Lodging Tax Application
Organization
Month/Timeframe of Event or Operations
Event/Activity (check/complete all that apply)
Tourism Promotion
Operations (Event/Festival Title)
Operations (Facility, Staffing, Other)
Amount of Request $
Presenter & Title
Phone
Email
Applicant Acknowledgement
Applicants accept the following conditions:
Application Deadline – Thursday, July 29, 2021 by 12:00 PM
Applications will be accepted only by e-mail at City.Council@ci.bremerton.wa.us
Following the deadline, applications cannot be modified
Late applications will not be accepted
Responses to be limited to one page per section, plus required
attachments
Successful, eligible applicants may be contacted to schedule an
interview with the Lodging Tax Advisory Committee (Fall 2021)
If funded, the individual who has the authority to sign contracts and provide
documents to the City of Bremerton is requested to sign below; and to also
acknowledge your responsibility to notify the Legislative Assistant and Contracts
Administrator of any changes to your organization’s contact information…
Point of Contact
Title
Signature
Phone
Email
FY2022 Lodging Tax Application
*** Limit Response to 1 Page for Each Section ***
Marketing Plan
1. Explain your organization’s current Marketing Plan to promote tourism in Bremerton & specify
your audience.
2. Discuss how your marketing approach generates “heads on beds” in Bremerton; and/or draw
visitors from 50+ miles away?
3. What % of your organization’s budget is marketing? Provide a summary of the types of
marketing and total amount spent for each that your organization uses.
*** Limit Response to 1 Page for Each Section ***
Financial Status
4. Please respond to the following:
a) If your event was cancelled in 2020 due to COVID-19, explain what you plan to do to
ensure your event can proceed if there are continued social distancing restrictions in
2022. And if you anticipate any obstacles, please let us know to determine if the
City of Bremerton can provide assistance.
b) Has your organization applied for funding from other sources or will your
organization be pursuing funding in the future? If no, why?
c) If your organization collaborates with other organizations or groups to encourage
tourism, how is this accomplished?
d) If your organization does sole marketing, are you currently considering
opportunities for collaboration?
FY2022 Lodging Tax Application
*** Limit Response to 1 Page for Each Section ***
Reporting Requirements
5. Organizations that receive funding from lodging tax are required by the State to submit
data to the City of Bremerton on an annual basis.
For All Applicants:
Please respond with estimates for 2022:
a) How many visitors will your program or event bring to Bremerton?
b) How many visitors will travel to Bremerton and stay overnight?
c) How many visitors will travel 50 miles or more for the day or stay overnight?
d) How many visitors will travel from another country?
e) What revenue is expected to be generated by your program or event?
f) Please explain your methodology for collecting and/or estimating tourist data.
*** Limit Response to 1 Page for Each Section ***
Required Attachments
1. Brief Statement detailing how the funding would be used Added
Program or Project Budget Added
Prior Year and Year-To-Date Income Statement (Revenue & Expense); and
Prior Year and Year-To-Date Balance Sheet (Assets & Liabilities)
***Please note specific line items designated for marketing & tourism-related expenses***
2. Current Tax Return
3. Up to 5 examples of marketing
Bremerton Lodging Tax Advisory Committee 2022 Rating Sheet
Applicant
Amount Requested
Application Evaluation: Yes or No
1. Does the applicant describe how the project will utilize out-of-area marketing?
2. Does the project leverage marketing and timing with another event(s)?
3. Does the applicant demonstrate collaboration with other organizations for marketing?
4. Does the applicant demonstrate collaboration with other organizations for
events/programs?
5. Will the project/program specifically encourage overnight stays?
6. Based on the project budget, does the organization pursue other sources of funding?
7. Does the applicant outline a planned effort to become financially sustainable?
8. If the project were not funded/partially funded, would the project proceed as planned?
9. Could the proposal be done by an existing organization?
10. Will the proposal make a substantial (or nominal) economic impact on tourism?
Interview Evaluation:
1. What are the applicant’s funding priorities?
2. How does the applicant quantify the prior year’s success?
3. How will the proposal benefit Bremerton’s tourism?
4. Are there plans for event expansion? Summer vs. Off-Season?
5. Are there plans for marketing improvements (printed, social media, website, misc. ads)?
Bremerton Lodging Tax Application Evaluation Criteria
5 Points Awarded for Each Response under Each Category
Criteria Maximum
Score
Score
Proposal will support long-term tourism in Bremerton
a) Function later successfully on its own
b) Benefits community beyond 5 years
10
Budget provides detail on how the funding will be used
a) Marketing
b) Operations of Special Event or Festival
c) Capital Project to increase or improve tourism
10
Available Resources
a) level of collaboration
b) other funding sources such as cash, in-kind, grants
c) start-up funding to establish an activity, program, organization
or facility
15
There is a clear plan/method (s) to track proposal’s performance
a) program or event with history of at least 3 years
b) provides example (s) of successful methods to track tourism
data
c) demonstrated contract permit compliance
15
Brings Out-of-Area Visitors
a) new proposal/event
b) generates new event in off-season
c) multi-day proposal/event
d) # of overnight stays generated
e) marketing reaches out-of-area audience
25
Proposal will generate significant economic impact
a) attracts visitors from more than 50 miles away
b) expands awareness of Bremerton and promotes positive visitor
experience
c) promotes attractions
d) will expand lodging tax revenue
25
90