HomeMy WebLinkAbout10/27/2021 STUDY SESSION AGENDA PACKET
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CITY COUNCIL 345 6 Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280
WEDNESDAY, OCTOBER 27, 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 November 3, 2021
Members of the public are invited to join the Zoom webinar by clicking on the following link:
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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. Public Works Agreement for Residential Electrical Service Modifications at E 11th & Perry Ave
2.
3. Ordinance amending Chapter 7.12 of the Bremerton Municipal Co
4.
5. Proposed Public Hearing on Revenue Sources for the 2022 City of Bremerton Budget
6. Ordinance to amend and re-establish City Rates & Fees for 2022
7. Ordinance to amend and re-establish Utility Assessments, Rates, Fees and Charges for 2022
8.
B. GENERAL COUNCIL BUSINESS
o Race Equity Advisory Committee Monthly Briefing Chair Leslie Daugs
o Public Works Committee Monthly Briefing Chair Eric Younger
o Other General Council Business
C. ADJOURNMENT OF STUDY SESSION
D. EXEMPT CLOSED SESSION
o As allowed under RCW 42.30.140 (4) (b) to discuss Labor Negotiations; No action anticipated
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL A1
SUBJECT: Study Session Date: October 27, 2021
Public Works Agreement for Residential COUNCIL MEETING Date: November 3, 2021
Electrical Service Modifications at E 11th &
Department: PW & Utilities
Perry Ave
Presenter: Chris Dimmitt
Phone: (360) 473-2307
SUMMARY: The City bid the project using the MRSC Small Public Works Roster, opening bids on
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October 21, 2021 and 1 bid was received. Henden Electric, Inc. is the lowest responsive,
responsible bidder with their bid of $52,401.75, including sales tax. The project consists of residential
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electrical work required by PSE overhead electrical relocations in support of the E 11 St and Perry
Ave Reconstruction Project on 17 residential properties. This includes upgrades to anchor plates,
mast heads, electrical panel replacement, and restoration.
ATTACHMENTS: 1) Public Works Agreement 2) Site Plan 3) Bid Tab;
FISCAL IMPACTS (Include Budgeted Amount): This project is budgeted in the 2021
Transportation Capital Fund.
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
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Move to approve Contract Award to Henden Electric, Inc. for E 11 and Perry Avenue Residential
Electrical Service Modifications; and authorize the Mayor to finalize and execute the agreement with
substantially the same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
PUBLIC WORKS AGREEMENT
THIS AGREEMENT is entered into between the City of Bremerton, a Washington
whose mailing address is .
The parties agree as follows:
1. CONTRACTOR SERVICES. The Contractor shall perform the following
services for the City:
2. TIME OF COMPLETION. Contractor shall complete the work within
FOR PROJECTS WHERE CONTRACTOR REQUESTS TO WAIVE THE
PERFORMANCE BOND, AND CITY IS WILLING TO ACCEPT 10% RETAINAGE
IN LIEU OF BOND, USE THE FOLLOWING LANGUAGE:
3. COMPENSATION. The City shall pay the Contractor the total amount of
$_______________________, plus any applicable Washington State Sales Tax, for the work and
services contemplated in this agreement. The City shall pay the Contractor ninety percent (90%)
of the Contract amount upon completion and acceptance of the work by the City, and the
remainder upon fulfillment of the conditions listed below and throughout this agreement.
A. No Performance Bond. Because this contract including applicable sales
tax is $150,000 or less, and pursuant to Chapter 39.08 RCW, the
Contractor, in lieu of providing the City a performance bond, has elected
to have the City retain the final ten percent (10%) of the Contract amount
for a period of thirty (30) days after the date of final acceptance, or until
receipt of all necessary releases from the State Department of Revenue
and the State Department of Labor & Industries and until settlement of any
liens filed under Chapter 60.28 RCW, whichever is later.
FOR PROJECTS WHERE CONTRACTOR USES A
PERFORMANCE BOND, USE THE FOLLOWING LANGUAGE:
3. COMPENSATION. The City shall pay the Contractor the total amount of
$____________________________, plus any applicable Washington State Sales Tax, for the
work and services contemplated in this agreement. The Contractor shall invoice the City
monthly. The City will pay for the portion of the work described in the invoice that has been
completed by the Contractor and approved by the City. The City payment shall not constitute a
PUBLIC WORKS AGREEMENT Page 1 of 10
(between City of Bremerton and ___________________)
Rev. 09/2021
A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor shall
provide the City a performance bond for the full contract amount to be in
effect until thirty (30) days after the date of final acceptance, or until
receipt of all necessary releases from the State Department of Revenue
and the State Department of Labor and Industries and until settlement of
any liens filed under Chapter 60.28 RCW, whichever is later.
FOR PROJECTS WHERE THE WORK INVOLVED IS ROADWAY,
USE THE FOLLOWING LANGUAGE:
3. COMPENSATION. The City shall pay the Contractor the total amount of
$___________________________________. Applicable Washington State Retail Sales Tax on
this contract shall be governed by WAC 458-20-171 and its related rules for the work
contemplated in this agreement. The Contractor shall invoice the City monthly. The City will
pay for the portion of the work described in the invoice that has been completed by the
Contractor and approved by the City. The City payment shall not constitute a waiver of the
the project.
A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor shall
provide the City a performance bond for the full contract amount to be in
effect until thirty (30) days after the date of final acceptance, or until
receipt of all necessary releases from the State Department of Revenue
and the State Department of Labor and Industries and until settlement of
any liens filed under Chapter 60.28 RCW, whichever is later.
\[RETAINAGE: THIS ITEM IS NEGOTIABLE IF WE USE THE 90/10 PAYMENT (NO
PERFORMANCE BOND) AND THE CONTRACT IS UNDER $35,000 (WAC 458-20-
217\[7\]). FOR INSTANCE, IF THE PROJECT IS $12,000 AND WILL ONLY TAKE 3 DAYS
AND HAS LITTLE RISK OF NON-COMPLETION, WE WOULD PROBABLY NOT KEEP
5% RETAINAGE, BECAUSE WE ARE STILL HOLDING 10% OF THE FINAL PAY
ESTIMATE UNTIL WE RECEIVE THE L&I RELEASES.\]
B. Retainage. The City shall hold back a retainage in the amount of five
percent (5%) of any and all payments made to contractor for a period of
thirty (30) days after the date of final acceptance, or until receipt of all
necessary releases from the State Department of Revenue and the State
Department of Labor & Industries and until settlement of any liens filed
under Chapter 60.28 RCW, whichever is later.
C. Defective or Unauthorized Work. The City reserves its right to withhold
payment from Contractor for any defective or unauthorized work.
Defective or unauthorized work includes, without limitation: work and
materials that do not conform to the requirements of this agreement; and
extra work
PUBLIC WORKS AGREEMENT Page 2 of 10
(between City of Bremerton and ___________________)
Rev. 09/2021
Contractor is unable, for any reason, to satisfactorily complete any portion
of the work, the City may complete the work by contract or otherwise, and
Contractor shall be liable to the City for any additional costs incurred by
legal costs and attorney fees, incurred by the City beyond the maximum
Contract price specified above. The City further reserves its right to
deduct the cost to complete the Contract work, including any Additional
Costs, from any and all amounts due or to become due the Contractor.
D. Final Payment: Waiver of Claims. THE MAKING OF FINAL
PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL
PRECLUDE ALL CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS
UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS
MADE.
4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times
acting as an independent contractor and not as an employee of the City. The Contractor shall
secure at its expense, and shall be responsible for all payments of income tax, social security,
state disability insurance compensation, unemployment compensation, and all other payroll
deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor
shall also secure all applicable business licenses, if required, in connection with the contract
services, including all required licenses for Contractor's officers, agents, employees and sub-
contractors.
5. TERMINATION. The City may terminate this agreement for good cause.
A.
properly skilled workers or proper materials for completion of the
Contract work.
B.
this agreement.
C. -
contractors or for material or labor.
D.
or regulations.
E.
If the City terminates this agreement for good cause, the Contractor shall not receive any
further monies due under this agreement until the Contract work is completed.
PUBLIC WORKS AGREEMENT Page 3 of 10
(between City of Bremerton and ___________________)
Rev. 09/2021
6. PREVAILING WAGES.
ndustries prior to
commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter
39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate
provisions. The latest prevailing wage rate revision issued by the Department of Labor and
Industries is attached.
7. CHANGES. The City may issue a written work change directive for any change
in the Contract work during the performance of this agreement. If the Contractor determines, for
any reason, that a change order is necessary, Contractor must submit a written change order
knew or should have known of the facts and events giving rise to the requested change. If the
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to
reach agreement with the Contractor on all equitable adjustments. However, if the parties are
unable to agree, the City will determine the equitable adjustment as it deems appropriate. The
Contractor shall proceed with the change order work upon receiving a written work change
directive or change order from the City. If the Contractor fails to require a change order within
the time allowed, the Contractor waives its right to make any claim or submit subsequent change
order requests for that portion of the contract work. If the Contractor disagrees with the
equitable adjustment the Contractor must complete the change order work; however, the
Contractor may elect to protest the adjustment as provided below:
A. Procedure and Protest by the Contractor. If the Contractor disagrees with
anything required by a work change directive or change order, including
any direction, instruction, interpretation, or determination by the City, the
Contractor shall:
1. Immediately give a signed written notice of protest to the City;
2. Supplement the written protest within fourteen (14) calendar days
with a written statement that provides the following information:
a.
b. The nature and circumstances that caused the protest.
c. The provisions in this agreement that support the protest.
d. The estimated dollar cost, if any, of the protested work and
how that estimate was determined.
e. An analysis of the progress schedule showing the schedule
change or disruption if the Contractor is asserting a
schedule change or disruption.
The Contractor shall keep complete records of extra costs and time
incurred as a result of the protested work. The City shall have
protest.
PUBLIC WORKS AGREEMENT Page 4 of 10
(between City of Bremerton and ___________________)
Rev. 09/2021
3. The City will evaluate all protests, provided the procedures in this
section are followed. If the City determines that a protest is valid,
the City will adjust payment for work or time by an equitable
adjustment. No adjustment will be made for an invalid protest.
B. k. In spite of any protest,
the Contractor shall proceed promptly with the work as the City has
ordered.
C. . The Contractor accepts all
requirements of a change order by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. A
change order that is accepted by Contractor as provided in this section
shall constitute full payment and final settlement of all claims for contract
time and for direct, indirect and consequential costs, including costs of
delays related to any work, either covered or affected by the change.
D. Failure to Protest Constitutes Waiver. By not protesting as this section
provides, the Contractor also waives any additional entitlement and
accepts from the City any written order (including directions, instructions,
interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the
procedures of this section, the Contractor completely waives any claims
for protested work and accepts form the City any written order (including
directions, instructions, interpretations, and determination).
8. CLAIMS. The Contractor shall give written notice to the City of all claims other
than change orders within fourteen (14) calendar days of the occurrence of the events giving rise
to the claims. Any claim for damages, additional payment for any reason, or extension of time,
whether under this agreement or otherwise, shall be conclusively deemed to have been waived
by the Contractor unless a timely written claim is made in strict accordance with the applicable
provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim
is set forth in detail in writing and received by the City within seven (7) calendar days from the
date Contractor knew, or should have known, of the facts giving rise to the claim. At a
in Section 7.A.2.a.-e.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS
ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM
OR CAUSED BY THAT DELAY.
Contractor must, in any event, file any claim or bring any suit arising from or connected
with this agreement within 120 calendar days from the date the contract work is complete.
PUBLIC WORKS AGREEMENT Page 5 of 10
(between City of Bremerton and ___________________)
Rev. 09/2021
9. WARRANTY. The Contractor shall correct all defects in workmanship and
materials within one year from the date of
defects are corrected, the warranty for that portion of the work shall extend for one year form the
date such correction is completed and accepted by the City. The Contractor shall begin to
correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Contractor does not accomplish the corrections within a reasonable time, the City
may complete the corrections and the Contractor shall pay all costs incurred by the City in order
to accomplish the correction.
10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its
officer, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits including all legal costs and attorney fees, arising out of or in connection
sole negligence.
completed shall
not be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Contractor and
egligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF
THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
agreement.
11. INSURANCE. The Contractor shall procure and maintain for the duration of this
agreement, insurance against claims for injuries to persons or damage to property that may arise
from or in connection with the performance of the Contract work by the Contractor, its agents,
representatives, employees or sub-contractors.
Before beginning the work on the project described in this agreement, the Contractor
shall provide a Certificate of Insurance evidencing:
A. Automobile Liability insurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
PUBLIC WORKS AGREEMENT Page 6 of 10
(between City of Bremerton and ___________________)
Rev. 09/2021
B. Commercial General Liability insurance written on an occurrence basis with
limits no less than $1,000,000 combined single limit per occurrence and
$2,000,000 aggregate for personal injury, bodily injury and property damage.
Coverage shall include but not be limited to: blanket contractual;
products/completed operations/broad from property damage; explosion,
collapse and underground (XCU) if applicable; and
C. Workers Compensation insurance as statutorily required by the Industrial
Insurance Act of the State of Washington, Title 51, Revised Code of
Washington and employer's liability with limits not less than $1,000,000.
.
Any payment of deductible or self-insured retention shall be the sole responsibility of the
Contractor.
The City, its officials, employees, agents and volunteers shall be named as an additional
insured on the insurance policy, as respects work performed by or on behalf of the Contractor
and a copy of the endorsement naming the City as additional insured shall be attached to the
Certificate of Insurance.
separately to each insured against whom claim is made or suit is brought, except with respects to
The Consultant's insurance shall be primary and non-contributory insurance as respects
the City and shall contain a waiver of subrogation against the City for claims arising out of any
operations, liabilities and obligations to which coverage applies. It shall be an affirmative
obliga-5161, or by
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certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6
Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or
substantive change of any insurance policy set out herein, and failure to do so shall be construed
to be a breach of this Agreement.
The City reserves the right to receive a certified copy of all the required insurance
policies.
FOR PROJECTS IN EXCESS OF $10,000 USE THE FOLLOWING
INSURANCE LANGUAGE:
PUBLIC WORKS CONTRACTS:
11. INSURANCE. The Contractor shall procure and maintain for the duration of this
agreement insurance of the types and in the amounts described below against claims for injuries
to persons or damage to property which may arise from or in connection with the performance of
the work by the Contractor, its agents, representative, employees, sub-consultants or sub-
contractors.
PUBLIC WORKS AGREEMENT Page 7 of 10
(between City of Bremerton and ___________________)
Rev. 09/2021
Before beginning work on the project described in this agreement, the Contractor shall
provide a Certificate of Insurance evidencing:
A. Automobile Liability insurance with limits no less than $1,000,000
combined single limit per accident for bodily injury and property damage;
and
B. Commercial General Liability insurance written on an occurrence basis
with limits no less than $1,000,000 combined single limit per occurrence
and $2,000,000 general aggregate for personal injury, bodily injury and
property damage. Coverage shall include but not be limited to: blanket
contractual; products/completed operations/broad form property damage;
explosion, collapse and underground (XCU); and
C. Excess Liability insurance with limits not less than $1,000,000 per
occurrence and aggregate; and
D. Workers Compensation insurance as statutorily required by the Industrial
Insurance Act of the State of Washington, Title 51, Revised Code of
Washington and employer's liability with limits not less than $1,000,000.
Any payment of deductible or self-insured retention shall be the sole responsibility of
the Contractor.
The City, its officials, employees, agents and volunteers shall be named as an
additional insured on the insurance policy, as respects work performed by or on behalf of the
Contractor and a copy of the endorsement naming the City as additional insured shall be attached
to the Certificate of Insurance.
separately to each insured against whom claim is made or suit is brought, except with respects to
The Consultant's insurance shall be primary and non-contributory insurance as respects
the City and shall contain a waiver of subrogation against the City for claims arising out of any
operations, liabilities and obligations to which coverage applies. It shall be an affirmative
-5161, or by
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certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6
Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or
substantive change of any insurance policy set out herein, and failure to do so shall be construed
to be a breach of this Agreement.
The City reserves the right to receive a certified copy of all the required insurance
policies.
PUBLIC WORKS AGREEMENT Page 8 of 10
(between City of Bremerton and ___________________)
Rev. 09/2021
12. MISCELLANEOUS.
A. Equal Employment Opportunity Statement. In the hiring of employees for
the performance of work under this Agreement, the Contractor, its subcontractors, or any person
acting on behalf of Contractor shall not discriminate in any employment practice on the basis of
age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital
status, military status, or the presence of any physical, mental or sensory disability.
B. ADA Statement. The City of Bremerton does not discriminate on the
basis of disability in programs and activities, which it operates pursuant to the requirements of
the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to
both employment and admission to participation in the programs, services and activities of the
City of Bremerton. Reasonable accommodation for employees or applicants for employment
will be provided.
C. Compliance with Laws. Contractor shall comply with all federal, state
and local laws, rules and regulations throughout every aspect in the performance of this
agreement.
D. . Contractor shall take all
precautions necessary and shall be responsible for the safety of its employees, agents, and
risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other
articles used or held for use in connection with the work.
E. Nonwaiver of Breach. The failure of the City to insist upon strict
performance of any of the terms and rights contained herein, or to exercise any option herein
conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of
those terms and rights and they shall remain in full force and effect
F. Governing Law. This agreement shall be governed and construed in
accordance with the laws of the State of Washington. If any dispute arises between the City and
Contractor under any of the provisions of this agreement, resolution of that dispute shall be
available only through the jurisdiction, venue and rules of the Kitsap County Superior Court,
Kitsap County, Washington.
G. . To the extent not inconsistent with RCW 39.04.240, in
party shall be responsible for payment of its own legal costs
defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the
H. Written Notice. All communications regarding this agreement shall be
sent to the parties at the addresses listed on the signature page of this agreement, unless
otherwise notified. Any written notice shall become effective upon delivery, but in any event
PUBLIC WORKS AGREEMENT Page 9 of 10
(between City of Bremerton and ___________________)
Rev. 09/2021
three (3) calendar days after the date of mailing by registered or certified mail, and shall be
deemed sufficiently given if sent to the addressee at the address stated on this agreement.
I. Assignment. Any assignment of this agreement by the Contractor without
the written consent of the City shall be void.
J. Modification. No waiver, alteration, or modification of any of the
provisions of this agreement shall be binding unless in writing and signed by a duly authorized
representative of the City and Contractor.
K. Severability. If any one or more sections, sub-sections, or sentences of
this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity
of the remaining portion of this agreement and the remainder shall remain in full force and
effect.
L. Entire Agreement. The written provisions and terms of this agreement,
together with any attached Exhibits, supersede all prior verbal statements by any representative
of the City, and those statements shall not be construed as forming a part of or altering in any
manner this agreement. This agreement and any attached Exhibits contain the entire agreement
between the parties. Should any language in any Exhibit to this agreement conflict with any
language contained in this agreement, the terms of this agreement shall prevail.
IN WITNESS WHEREOF, the parties below have executed this agreement.
CONTRACTOR THE CITY OF BREMERTON
Print Name: Print Name:
Title: Title:
DATE DATE
Notices to be sent to: Notices to be sent to:
CONTRACTOR: CITY OF BREMERTON:
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345 6 Street, Suite 100
Bremerton, WA 98337
(360)
(360) (facsimile)
PUBLIC WORKS AGREEMENT Page 10 of 10
(between City of Bremerton and ___________________)
Rev. 09/2021
APPROVED AS TO FORM:
Kylie J. Finnell
Bremerton City Attorney
ATTEST:
Angela Hoover, City Clerk
R:\\Legal\\Legal\\Forms\\FORMS ON COBWEB\\Public Works Agreement (short form) Rev. 09 2021.doc
PUBLIC WORKS AGREEMENT Page 11 of 10
(between City of Bremerton and ___________________)
Rev. 09/2021
PREVAILING WAGES
3132
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TOTAL
52,401.75
4,326.75
SALES TAX
Chris DimmittChris Dimmitt
OPENED BY:RECORDED BY:
48,075
$ 52,401.75 $
- $
-
BASE BID + CONTINGENCY
SUMMARY
1:00 PM
BID TABULATION
CITY OF BREMERTON
Yes
BOND
TIME OPENED:
10/21/2021
Henden Electric Inc.
NAME OF BIDDER
BID TITLE:DATE OPENED:
ENGINEER ESTIMATE (INC SALES TAX) $60,000-85,000APPARENT LOW BIDDERSECOND LOW BIDDERTHIRD LOW BIDDER
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL A2
SUBJECT: Study Session Date: October 27, 2021
Ordinance amending Section 9.10.020 of the COUNCIL MEETING Date: November 3, 2021
Bremerton Municipal Code
Department: Legal
regarding the Tow Truck
Presenter: Melinda Monroe
Roster
Phone: (360) 473-5306
SUMMARY:
Changes to Section 9.10.020 of the Bremerton Municipal Code include an expansion of the distance
that a roster eligible towing company can locate an impound yard from the City of Bremerton. Due to
changes in the regional towing market there are now no towing companies listed that have an
impound yard within the City of Bremerton. Changes also include clarification of the hours of staff
availability and impound release timeframes.
ATTACHMENTS: Ordinance No. _______
FISCAL IMPACTS (Include Budgeted Amount):
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to pass Ordinance No. ______amending Section 9.10.020 of the Bremerton Municipal Code
regulating Tow Roster eligibility requirements.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
ORDINANCE NO. ________
AN ORDINANCEof the City Council of the City of
Bremerton, Washington, amending Section9.10.020of the
Bremerton Municipal Code entitled
relating to tow truck rosters.
WHEREAS, the City acknowledges that changes in the Impound and Towing
provider regional businesses may not allow any vendor to comply with current Bremerton
Municipal Code Tow Roster eligibility requirements; and
WHEREAS, the City Council desires to update Section 9.10.020 of the Bremerton
Municipal Code by amending certain provisions relating to tow truck roster eligibility; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.Section 9.10.020 of the Bremerton Municipal Code entitled
9.10.020ELIGIBILITY QUALIFICATIONS.
In order to be eligible to provide City authorized and City requested towing to the City, a
towing operator shall:
Own and maintain within the City at least three (3) Class A tow trucks;
Own and maintain within the City at least one (1) ClassC tow truck;
Maintain an impound lot located within 1 mile(s) ofthe City of Bremerton; and
within one-quarter mile of its business office;
(d)Whenever an operator is not open for business and does not have personnel present
at the impound lot, the operator must posta phone number at that location forpurposes of public
contact for release of vehicles and/or personal property. An operator must maintain personnel
who can be contacted 24 hours a day to release impounded vehicles within a 60 minute period of
time.Maintain a business office within the City manned and opened to the public eight (8)hours
per day and five (5) days perweek; provided, however, that during months when a particular
towing contractor is providing services to the City and one day thereafter its business office shall
be manned and opened to the public twenty-four (24) hours per day and seven (7) days per week;
and
(e)Possess a valid City of Bremerton business license.
SECTION 2.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.
Page1of2
City Ordinance Form BMC 9.10 & 9.12
Rev. 09/2021 Tow Truck Updates
SECTION 3.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 ofthe remaining portion of this ordinance and the same shall remain in full force and
effect.
SECTION 4.Effective Date.This ordinance shall take effect and be in force ten
(10)days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the___________ day of ____________________, 20___.
_________________________________
KEVIN GORMAN, Council President
Approved this ________ day of ________________________, 20___.
_________________________________
GREG WHEELER, Mayor
ATTEST:APPROVED AS TO FORM:
___________________________________________________________________
ANGELA HOOVER, City ClerkKYLIE J. FINNELL, City Attorney
PUBLISHED the________ day of ______________________, 20__.
EFFECTIVE the________ day of ______________________, 20__.
ORDINANCE NO. ________.
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City Ordinance Form BMC 9.10 & 9.12
Rev. 09/2021 Tow Truck Updates
AGENDA BILL
CITY OF BREMERTON
A3
CITY COUNCIL
SUBJECT: Ordinance amending Study Session Date: October 27, 2021
Chapter 7.12 of the Bremerton Municipal COUNCIL MEETING Date: November 3, 2021
Dangerous Animals
Department: Legal
Presenter: Mychael Raya
Phone: (360) 473-2345
SUMMARY:
inaccurate references to certain subsections of BMC Section 7.04.020. This proposed ordinance
seeks to correct the code inaccuracies.
ATTACHMENTS: 1) Ordinance No. _____
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 approve Ordinance No. ______ amending Chapter 7.12 of the Bremerton Municipal Code
Dangerous Animals
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
ORDINANCE NO. ________
AN ORDINANCEof the City Council of the City of
Bremerton, Washington, amending Chapter 7.12 of the Bremerton
Municipal Code entitled “Dangerous Animals.”
WHEREAS, in 2010, the City Council passed Ordinance Number 5126,
amending Section 7.04.020 of the Bremerton Municipal Codeentitled “Definitions”; and
WHEREAS, due to the aforementioned amendment(s), the current provisions of
Chapter 7.12of the Bremerton Municipal Code relating to“Dangerous Animals”contain
inaccurate referencesto certain subsections of Section 7.04.020; and
WHEREAS, the City Council desires to make corrections to the codereferences;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.Chapter 7.12 of the Bremerton Municipal Code entitled
"DangerousAnimals" is hereby amended to read as follows:
Chapter 7.12
DANGEROUS ANIMALS
7.12.010POTENTIALLY DANGEROUS ANIMALS.
(a)Declaration of an Animal as Potentially Dangerous. The animal control authority
shall have the authority to declare and restrict an animal potentially dangerous, if the animal
control authority has probable cause to believe that the animal falls within the definitions set
forth in BMC7.04.020(bbv). The declaration must be based upon:
(1)The written complaint of a citizen who is willing to testify that the animal
has acted in a manner which causes it to fall within the definition of BMC7.04.020(bbv);
(2)Animal bite reports filed with the animal control authority;
(3)Actions of the animal witnessed by any employee of the animal control
authority or law enforcement officer; or
(4)Other substantial evidence.
(b)Exclusions. An animal shall not be declared potentially dangerous if the animal
control authority determines, by a preponderance of the evidence, that the threat, injury, or bite
alleged to have been committed by the animal was sustained by a person who was at the time
committing a willful trespass or other tortupon the premises occupied by the owner of the
animal, or who was tormenting, abusing, or assaulting the animal, or who had been in the past
observed or reported to have tormented, abused, or assaulted the animal, or who was committing
or attempting to commit a crime.
(c)Restrictions. The animal control authority may impose any or all of the following
restrictions on an animal to protect the public safety or other animals:
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BMC 7.12
Dangerous Animals
(1)Training. The animal control authority may require the owner of the
potentially dangerous animal and the animal to attend, complete, and pay all costs associated
with an accredited obedience/training class or seminar. The animal control authority shall pre-
approve any choice of class by the owner of the animal, and proof of satisfactory completion of
such training shall be provided to the animal control authority upon completion, even if such
type of training has been completed by the animal in the past.
(2)Restraint. The animal control authority may require the owner of the
potentially dangerous animal to muzzle, leash, collar, confine, lock, isolate, or remove the animal
from the City, or any combination of the foregoing.
(3)Indemnification. The animal control authority may require the owner of the
potentially dangerous animal to prove purchase of liability insurance or bond and renewals in the
amount of fifty thousand dollars ($50,000) or more, as set by the animal control authority. The
insurer/bond issuer must be qualified under RCW Title48and must provide coverage/funds to
offset any injuries inflicted by the potentially dangerous animal. All costs associated with the
insurance/bond must be paid by the insured.
(4)Warning. The animal control authority may require the owner of a
potentially dangerous animal to post all entrances to any property where such animal is located
with such visible warning sign(s) as the animal control authority deems necessary.
(5)Financial Responsibility. The animal control authority may require the
owner of a potentially dangerous animal to pay any costs associated with enforcement of this
section including, but not limited to, those stated above.
(d)Prohibited Ownership. No person(s) under the age(s) of eighteen (18) years old
shall own a potentially dangerous animal, as defined in BMC7.04.020(bbv).
(e)Notice of Animal Control Authority Declaration. If the animal control authority
receives a report of a potentially dangerous animal, it shall immediately initiate an investigation
including, but not limited to, interviewing the complainant(s), interviewing the owner of the
animal, if known, and observing the animal. Upon completion of its investigation, if the animal
is declared potentially dangerous, the animal control authority shall prepare a written declaration.
The declaration shall include, but is not limited to, a description of the animal, the name and
address of the owner of the animal, if known, a brief summary of the facts upon which the
declaration is based, a statement of any restrictions placed on the animal or owner as a
consequence of the declaration, a statement of the penalties for further violations, and notice of
the right to appeal the declaration.
(f)Service of Notice of Declaration. The animal control authority shall personally serve
or send by certified mail its declaration to the owner of the animal. If the owner is unknown, the
animal control authority shall make reasonable efforts to notify the owner of its written
declaration.
(g)Appeal to the Municipal Court Hearing Examiner. The owner of an animal declared
potentially dangerous shall have seven (7) calendar days from receipt of the written declaration
to appeal the declaration to the municipal court hearing examiner pursuant to BMC2.62.045.
Unless otherwise agreed to by the animal owner, the appeal hearing must be scheduled to be
heard within twenty-one (21) calendar days from the City’s receipt of the notice of appeal. The
municipal court hearing examiner shall provide written notice of the hearing date and time to the
owner of the potentially dangerous animal and to the animal control authority. Such notice must
be provided at least seven (7) calendar days prior to the scheduled hearing.
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BMC 7.12
Dangerous Animals
(h)Hearing Before the Municipal Court Hearing Examiner. At the appeal hearing
before the municipal court hearing examiner, the animal control authority shall have the burden
of proving that the animal is potentially dangerous by a preponderance of the evidence. The
owner of the animal may present evidence in defense of the animal. The municipal court hearing
examiner shall weigh the evidence presented by both the animal control authority and the owner
(if applicable), and shall issue a written decision to the appealing animal owner and animal
control authority that either sustains or reverses the animal control authority’s declaration.
(i)Change of Ownership, Custody, and/or Residence. Owners of an animal that has
been declared potentially dangerous who sell, barter, or otherwise transfer the ownership,
custody, or residence of the animal shall, within fourteen (14) calendar days of the change,
inform the animal control authority in writing of the name, address, and telephone number ofthe
new owner, and/or the address of the new residence where the animal is located. Such notice
shall also include the name, description, and license number of the animal. In the event the
ownership and/or custody of the animal changes, the owner shall notify the new owner in writing
of the details of the animal’s record relating to being declared potentially dangerous and the
terms and conditions of the declaration. The owner shall also provide the animal control
authority with a copy of the written notification that shall contain a notarized statement by the
new owner acknowledging receipt of the original notification.
(j)Failure to Abide by Restraints. Failure on the part of the owner(s) of a potentially
dangerous animal to abide by the restraints placed upon the owner(s) or their animal by the
animal control authority, municipal court hearing examiner, district court, or superior court may
result in impoundment of the potentially dangerous animal by the animal control authority as
well as further punitive action pursuant to BMC7.12.020.
7.12.020FAILURE TO CONTROL AN ANIMAL DECLARED
POTENTIALLY DANGEROUS.
(a)Misdemeanor. When an animal has been previously declared potentially dangerous,
by a court, animal control authority or municipal court hearing examiner, the owner of the
potentially dangerous animal shall be guilty of a misdemeanor pursuant to BMC1.12.020(2) if
such animal is thereafter found:
(1)At large;
(2)To have, when unprovoked, inflicted a bite(s) upon a human, pet, or
livestock either on public or private property;
(3)To have chased or approached a person upon the streets, sidewalks, or any
other public grounds in such a manner as to significantly threaten the safety of humans, pets, or
livestock; or
(4)To have caused injury to or otherwise threatened the safety of humans, pets,
or livestock. This section shall not preclude immediate criminal prosecution under
RCW16.08.100in a first bite situation causing severe injury or death of any human.
(b)Impoundment of Potentially Dangerous Animals. In the event that a potentially
dangerous animal is impounded due to the owner’s failure to abide by the restraints imposed by
the animal control authority, municipal court hearing examiner, district court, superior court or
municipal court, the animal shall be forfeited to the animal control authority unless the owner of
the animal makes a written request for a hearing before the municipal court hearing examiner in
the same manner as an appeal pursuant to BMC2.62.045within seven (7) calendar days of the
date the notice of impound was provided. If a hearing is requested, the hearing must be
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BMC 7.12
Dangerous Animals
scheduled to be heard within twenty-one (21) calendar days from the City’s receipt of the request
for a hearing, unless otherwise agreed to by the animal owner. The municipal court hearing
examiner shall determine whether it is in the best interest of the community that the animal
should be returned to the owner, forfeited by the owner to the animal control authority, or
euthanized by the animal control authority. The municipal court hearing examiner shall provide
written notice of the hearing date and time to the owner of the animal and to the animal control
authority. Such notice must be provided at least seven (7) calendar days prior to the scheduled
hearing.
7.12.030DANGEROUS ANIMALS.
(a)Declaration of an Animal as Dangerous. The animal control authority shall have the
authority to declare an animal as dangerous if the animal control authority has probable cause to
believe that the animal falls within the definition set forth in BMC7.04.020(nj). The declaration
must be based upon:
(1)The written complaint of a citizen who is willing to testify that the animal
has acted in a manner which causes it to fall within the definition of BMC7.04.020(nj);
(2)Animal bite reports filed with the animal control authority;
(3)Actions of the animal witnessed by any employee of the animal control
authority or law enforcement officer; or
(4)Other substantial evidence.
(b)Exclusions. An animal shall not be declared dangerous if the animal control
authority determines, by a preponderance of the evidence, that the threat, injury, or bite alleged
to have been committed by the animal was sustained by a person who was at thetime
committing a willful trespass or other tort upon the premises occupied by the owner of the
animal, or who was tormenting, abusing, or assaulting the animal, or who had been in the past
observed or reported to have tormented, abused, or assaulted the animal, or who was committing
or attempting to commit a crime.
(c)Possession Unlawful. It shall be unlawful to possess an animal, inside the City
limits of Bremerton, that has been declared to be dangerous by any agency, animal control
authority, municipality or court. This prohibition on possession does not apply to the animal
control authority or police department. It is a gross misdemeanor to violate this provision.
(d)Euthanasia. If the animal control authority determines that the restrictions placed on
the ownership of dangerous dogs/animals by Chapter16.08RCW or other applicable state
statutes are insufficient to protect the public from a particular animal declared dangerous, the
animal control authority may order the animal euthanized.
(e) Notice of Animal Control Authority Declaration. If the animal control authority
receives a report of a dangerous animal, it shall immediately initiate an investigation including,
but not limited to, interviewing the complainant(s), interviewing the owner ofthe animal, if
known, and observing the animal. Upon completion of its investigation, if the animal is declared
dangerous, the animal control authority shall prepare a written declaration. The declaration shall
include, but is not limited to, a description of the animal, the name and address of the owner of
the animal, if known, a brief summary of the facts upon which the declaration is based, a
statement of any restrictions placed on the animal or owner as a consequence of the declaration,
a statement of the penalties for further violations, and notice of the right to appeal the
declaration.
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BMC 7.12
Dangerous Animals
(f)Service of Notice of Declaration. The animal control authority shall personally serve
or send by certified mail its declaration to the owner of the animal. If the owner is unknown, the
animal control authority shall make reasonable efforts to notify the owner of its written
declaration.
(g)Appeal to the Municipal Court Hearing Examiner. The owner of an animal declared
dangerous shall have seven (7) calendar days, from receipt of the written declaration, to appeal
the declaration of the animal control authority to the municipal court hearing examiner pursuant
to BMC2.62.045. Unless otherwise agreed to by the animal owner, the appeal hearing must be
scheduled to be heard within twenty-one (21) calendar days from the City’s receipt of the notice
of appeal. The municipal court hearing examiner shall provide written notice of the hearing date
and time to the owner of the animal and the animal control authority.
(h)Hearing Before the Municipal Court Hearing Examiner. At the appeal hearing
before the municipal court hearing examiner, the animal control authority shall have the burden
of proving that the animal is dangerous by a preponderance of the evidence. The owner of the
animal may present evidence in defense of the animal. The municipal court hearing examiner
shall weigh the evidence presented by both the animal control authority and the owner (if
applicable), and shall issue a written decision to the appealing animal owner and animal control
authority that either sustains or reverses the animal control authority’s declaration. If the
declaration is sustained or reversed by the municipal court hearing examiner, the appealing
animal owner or the animal control authority shall be notified of the right to appeal. If the
declaration is reversed and an appeal is not timely filed by the animal control authority, any
restrictions on the animal previously imposed shall be annulled.
(i)Change of Ownership, Custody, and/or Residence. Owners of an animal that has
been declared dangerous who sell, barter, or otherwise transfer the ownership, custody, or
residence of the animal shall, within fourteen (14) calendar days of the change, inform the
animal control authority inwriting of the name, address, and telephone number of the new
owner, and/or the address of the new residence where the animal is located. Such notice shall
also include the name, description, and license number of the animal. In the event the ownership
and/or custody of the animal changes, the owner shall notify the new owner in writing of the
details of the animal’s record relating to being declared dangerous and the terms and conditions
of the declaration. The owner shall also provide the animal control authority with a copy of the
written notification that shall contain a notarized statement by the new owner acknowledging
receipt of the original notification.
7.12.040POSSESSION OF AN ANIMAL DECLARED DANGEROUS.
(a)Gross Misdemeanor. When an animal has been previously declared dangerous, by a
court, animal control authority or municipal court hearing examiner, the owner of the dangerous
animal shall be guilty of a gross misdemeanor pursuant to BMC1.12.020(1) if such animal is
thereafter found:
(1)In the owner’s possession inside Bremerton City limits; or
(2)Inside City limits under circumstances evidencing that the animal was
intentionally brought into the City by the owner or at the request or acquiescence of the owner.
(b)Impoundment of Dangerous Animals. In the event that a dangerous animal is
impounded due to the animal being found within the Bremerton City limits, the animal shall be
forfeited to the animal control authority unless the owner of the animal makes a written request
for a hearing within seven (7) calendar days of the date the notice of impound was provided to
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BMC 7.12
Dangerous Animals
the owner of the animal. If a hearing is requested, the hearing must be scheduled to be heard
within twenty-one (21) calendar days from the day of the City’s receipt of the request for a
hearing before the municipal court hearing examiner in the same manner as an appeal pursuant to
BMC2.62.045unless otherwise agreed to by the animal owner. The municipal court hearing
examiner shall determine whether it is in the best interest of the community that the animal
should be returned to the owner, forfeited by the owner to the animal control authority, or
euthanized by the animal control authority. The municipal court hearing examiner shall provide
written notice of the hearing date and time to the owner of the potentially dangerous animal and
to the animal control authority. Such notice must be provided at least seven (7) days prior to the
scheduled hearing.
SECTION 2.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 3.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 ofthe remaining portion of this ordinance and the same shall remain in full force and
effect.
SECTION 4.Effective Date.This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the___________ day of ____________________, 20___.
_________________________________
KEVIN GORMAN, Council President
Approved this ________ day of ________________________, 20___.
_________________________________
GREG WHEELER, Mayor
ATTEST:APPROVED AS TO FORM:
___________________________________________________________________
ANGELA HOOVER,City ClerkKYLIE J. FINNELL, City Attorney
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BMC 7.12
Dangerous Animals
PUBLISHED the________ day of ______________________, 20__.
EFFECTIVE the________ day of ______________________, 20__.
ORDINANCE NO. ________.
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BMC 7.12
Dangerous Animals
AGENDA BILL
CITY OF BREMERTON
A4
CITY COUNCIL
SUBJECT: Ordinance amending Study Session Date: October 27, 2021
Chapter 5.36 of the Bremerton Municipal COUNCIL MEETING Date: November 3, 2021
Code Special Events
Department: DCD
Presenter: Garrett Jackson
Phone: (360) 473-5289
SUMMARY: The City desires to amend Chapter 5.36 of the Bremerton Municipal Code to update
provisions relating to special event regulatory licenses. Proposed amendments would clarify
definitions, exemptions, timelines, and other criteria regulated by special events.
ATTACHMENTS: 1) Ordinance No. _____
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 approve Ordinance No. ______ amending Chapter 5.36 of the Bremerton Municipal Code
Special Events
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
ORDINANCE NO. ________
AN ORDINANCEof the City Council of the City of
Bremerton, Washington, amending Chapter 5.36 of the Bremerton
Municipal Code entitled “Special Events”.
WHEREAS,the City adopted its first special events code in 1907 under
Ordinance 200; and
WHEREAS, the City repealed Ordinance 200 and established new license
standards and fees for special events in 1986 under Ordinance 4046; and
WHEREAS, the City has amended standards and requirements established in
Ordinance 4046 since adoption; and
WHEREAS,the City desires to amend Chapter 5.36 of the Bremerton Municipal
Code to update provisions relating to special event regulatory licenses; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.Chapter 5.36 of the Bremerton Municipal Code entitled "Special
Events" is hereby amended to read as follows:
Chapter 5.36
SPECIAL EVENTS
5.36.010LICENSE REQUIREDPURPOSE.
No person, firm, company, or corporation shall run, manage, operate, or conduct any
circus, parade, carnival games/rides, street fairs, sidewalk sales, or other promotional activity
within the City without first obtaining a regulatory license in addition to a general business
license issued under Chapter5.02BMC. Applications for regulatory licenses shall be filed with
the Tax and License Division of the Department of Community Development. It is expressly the
purpose of this chapter to regulate and license certain business activities which may affect public
health, safety and/or the social well-being of the City and its residents.
5.36.020DEFINITIONS.
“Applicant”means a person or entity that applies for a special event permit.
“Commercial Filming Activities”means any commercial production of a film.
“Free Speech Activity”means an event to exercise First Amendment rights. Free speech
activities can include but are not limited to rallies, marches, protests, and other demonstrations.
“Farmers Market”means a retail marketplace intended for the sale of goods provided by
local farmers and gardeners directly to consumers. These goods consist of fruit, vegetables,
berries, eggs or any other farm produce or edibles raised, gathered, produced, or manufactured
bya local farmer or gardener.
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City Ordinance Form BMC 5.36
Rev. 09/2021 Special Events
“Neighborhood Block Party”means an opportunity to connect with neighbors, celebrate,
work on common projects, and strengthen community relationships. These events are held and
attended by people living in the neighborhood surrounding the street; they are not intended to be
open to the general public.
“Promotional Activity”means an event or series of events to attract potential consumers
to purchase goods or services.
“Special Event”means any organized formation of an activity including but not limited
to a parade, fun run, foot or bicycle race, fundraising walk, bike-a-thon, car show, carnival, street
fair, show, exhibition, sporting event, stunt, fair, auction, circus, oranysimilar event, activity,
function or occurrence that:
(a) Makes special use of city streets, alleys, sidewalks, parks, parking lots, grounds,
facilities, waterways, or other city property;
(b) Significantly impacts the health, safety or welfare of the public;
(c) Obstructs vehicular or pedestrian traffic or has significant noise or visual impacts;
(d) Significantly impacts the quiet use and enjoyment of real property; or
(e) Makes use of city services or resources.
(f) Is determined as a Special Event by the Director of Community Development.
“Significant impact or variations thereof”means an effect or consequence that is more
intense than, or exceeds, that which is normal, typical or customary in a particular context. The
context may vary with the physical setting. Intensity depends on the magnitude and duration of
an impact.
“Sponsor”means a person or entity that is ultimately responsible for a Special Event or
Promotional Activity, and may serve to carry out or execute the event.
5.36.020030LICENSE –REQUIRED ANDTERMS.
No person, firm, company, or corporation shall run, manage, operate, or conduct Special
Event, or other Promotional Activity within the City without first obtaining a regulatory license
in addition to a general business licenseissued under Chapter 5.02 BMC. Applications for
regulatory licenses shall be filed with the Department of Community Development.
The City reserves the right to charge any sponsor of a special event direct costs incurred
by the City as a result of the event. Such costs may include, but at not limited to,the cost of
barricading streets, plan reviews, or public safety involvement.
5.36.035LICENSE –EXPIRATION AND LIMITS.
Special Event Permits shall expire the day after the last scheduled day of the event listed
onthe application or on December 31 of the calendar year for special events that are held
multiple times throughout the year.
No special event may operate more than fourteen (14) cumulative days in any calendar
year.
5.36.040EXEMPTIONS.
Neighborhood block parties are exempt from having to apply for and obtain a special
event permit. However, in the event a neighborhood block party will require a street closure, an
application for street closure must be applied for using the form and process similar to that used
for street closures for special events and with such terms and conditions as established by the
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City Ordinance Form BMC 5.36
Rev. 09/2021 Special Events
Director of Public Works and Utilities or designee (“Director”). The granting of a street closure
is subject to the discretion of the Director.
Free Speech Activities are exempt from obtaining a Special Event permit; however this
does not exempt these activities from obtaining other approvals for the use of City resources. If a
Free Speech Activity is hosting a commercial component, such as but not limited to vendors
tabling information or actively selling goods or services, a Special Event permit must be
obtained for the commercial component.
Commercial film activities require a Special Event permit except when one of the
following are true:
(a)Filming is part of an already approved Special Event permit;
(b)When all of the following are true:
(1)There will be no obstruction of vehicular or pedestrian traffic;
(2)There will be no significant noise or visual impact;
(3)The filming does not make special use of city services or resources;
(4)A City of Bremerton Business License is obtained prior to filming.
5.36.050PROMOTIONAL ACTIVITY.
APromotional Activity must obtain a special event permit when the activity:
(a)Makes special use of city streets, alleys, sidewalks, parks, parking lots, grounds,
facilities, waterways,or other City property;
(b)Significantly impacts the health, safety or welfare of the public;
(c)Obstructs vehicular or pedestrian traffic or has significant noise or visual impacts;
(d)Significantly impacts the quiet use and enjoyment of real property; or
(e)Makes use of City services or resources.
APromotional Activity with temporary merchants or mobile food vendors, as defined in
Chapter 5.16.010, that do not have a current City business license may apply for a special event
permit in lieu of individual business licenses. The sponsor must provide a list of all participating
vendors per the regulations ofthis chapter.
5.36.055FARMERS MARKETS.
Farmers Markets are exempt from special event permits except when:
(a) Any dairy product, meat, poultry, eel, fish, mollusk, or shellfish is being sold,
delivered, or peddled.
(b) A Farmers Market is not a “Qualifying farmers market” as defined per RCW
66.24.170(5)(g)(i).
This section does not preclude a Farmers Market from applying for a Special Event
permit as an optional process for the use of City services, facilities, or resources.
5.36.050060SPONSOR TO PROVIDE VENDOR LIST.
The sponsor of the event will provide the Director of Community Development or
designee with a list of all participating vendors at least threefourteen(314) days prior to the
event.
5.36.060070USE OF CITY STREETS AND SIDEWALKS.
No person, firm, company, or corporation shall run, manage, operate, or conduct
sidewalk sales, business activities or special events of any nature upon any sidewalk, street,
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City Ordinance Form BMC 5.36
Rev. 09/2021 Special Events
highway, alley or other public property within the City, unless such activity is for the general
publicwelfare and benefit.
5.36.070071COMPLIANCE WITH OTHER PROVISIONS
No license shall be issued to any person, firm, company or corporation to run, operate,
conduct or manage any show, exhibition, game or other special event within the City which is in
violation of any ordinance of the City or statute of the State of Washington.
5.36.075INSURANCE REQUIRED.
Any person, firm, company, or corporation receiving a license pursuant to this chapter
shall provide a certificate of insurance with minimum liability coverage of five hundred
thousandone milliondollars ($500,0001,000,000) combined single limit bodily injury and
property damage, including products liability if food and/or beverage vending is part of the
special event or public amusement. The certificate of insurance shall name the City as an
additional insured if the license is for an event held on City property. Additional insurance may
be required depending on services offered.
5.36.080NEIGHBORHOOD BLOCK PARTY –EXEMPTIONVIOLATIONS
AND ENFORCEMENT.
Neighborhood block parties are exempt from having to apply for and obtain a special
event permit. However, in the event a neighborhood block party will require a street closure, an
application for street closure must be applied for using the form and process similar to that used
for street closures for special events and with such terms and conditions as established by the
Director of Public Works and Utilities or designee ("Director"). The granting of a street closure
is subject to the discretion of the Director. For the purpose of this section, neighborhood block
party is defined as follows: Neighborhood block parties provide opportunities to connect with
neighbors, celebrate, work on common projects, and strengthen community relationships. These
events are held and attended by people living in the neighborhood surrounding the street; they
are not intended to be open to the general public.
Any person, firm, company, or corporation that is found to be operating a Special Event
without obtaining a regulatorylicense according to this chapter, shall be subject to penalties per
BMC 5.03.140. Non-conformance with this chapter and/or the conditions of the regulatory
license justifies a revocation of the license and/or denial of future applications under this chapter
per BMC 5.03.060.
SECTION 2.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 3.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 ofthe remaining portion of this ordinance and the same shall remain in full force and
effect.
SECTION 4.Effective Date.This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
Page 4of5
City Ordinance Form BMC 5.36
Rev. 09/2021 Special Events
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 ClerkKYLIE J. FINNELL, City Attorney
PUBLISHED the________ day of ______________________, 20__.
EFFECTIVE the________ day of ______________________, 20__.
ORDINANCE NO. ________.
R:\\Legal\\Legal\\Ordinances\\Community Development\\2021.10.18 Ordinance -BMC 5.36 -Special Events -FINAL.docx
Page 5of5
City Ordinance Form BMC 5.36
Rev. 09/2021 Special Events
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
A5
SUBJECT: Study Session Date: October 27, 2021
Proposed Public Hearing on Revenue COUNCIL MEETING Date: November 3, 2021
Sources for the 2022 City of Bremerton
Department: Financial Services
Budget
Presenter: Karen Wikle
Phone: (360) 473-5296
SUMMARY: 2
Proposed Budget. The proposed budget anticipates property and EMS levy increases of the full 1%
allowed by law and leaves utility tax rates unchanged. The proposed budget also adjusts for the
annual $20,000 increase to the B&O tax exemption rate and includes interfund transfers between
funds where appropriate. Overall, the revenue projections throughout all funds remain conservative.
ATTACHMENTS: Exhibit A Revenue Sources
The 2022 https://www.bremertonwa.gov/2022budget
FISCAL IMPACTS (Include Budgeted Amount):
Total proposed general fund revenue, without beginning fund balance, is $52,437,846. With
beginning fund balance, total general fund revenue is $68,968,363. Total proposed revenue city
wide, without beginning fund balance, is $152,292,090. With beginning fund balance, total revenue
city wide is $225,664,542.
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Open Hearing for Public Comment
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL A6
SUBJECT: Study Session Date: October 27, 2021
Ordinance to amend and re-establish City COUNCIL MEETING Date: November 3, 2021
Rates & Fees for 2022
Department: All
Presenter: Mike Riley
Phone: (360) 473-5303
SUMMARY: Each year, as part of the budget process, the various City departments review their
charges, rates and fees for services and make recommendations on any changes needed. The
attached included recommended changes to fees charged by the various departments.
ATTACHMENTS: 1. Ordinance No. ______; and 2) Exhibit A
FISCAL IMPACTS (Include Budgeted Amount): Impacts to revenues are dependent on the
demand for services. The 2022 proposed budget does anticipate the approval of the ordinance and
related rate tables.
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to pass Ordinance No. ____ amending and re-establishing City Rates and Fees for 2022.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
ORDINANCE NO. ____
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending and reestablishing rates and fees
for services established in Ordinance No. 5405 relating to Animal
Department of Community Development, Department of Financial
Services, Fire Department, Gold Mountain Golf Course, Ivy Green
Cemetery, Kitsap Conference Center, Municipal Court, Parking,
Parks and Recreation Department, Police Department, Public
Records, Department of Public Works and Utilities, Tax & License,
Telecommunications, Transportation Benefit District, and other
related services.
WHEREAS, the City Council, by this ordinance, desires to amend and reestablish
the rates and fees established in Ordinance No. 5405; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Rate Tables Amended and Reestablished. The rates and fees
Community Development, Department of Financial Services, Fire Department, Gold Mountain
Golf Course, Ivy Green Cemetery, Kitsap Conference Center, Municipal Court, Parking, Parks
and Recreation Department, Police Department, Public Records, Department of Public Works
and Utilities, Tax & License, Telecommunications, Transportation Benefit District, and other
related services, as set forth in Exhibit A of Ordinance No. 5405, are hereby amended and
reestablished in their entirety as set forth in the attached Exhibit A of this ordinance, said
exhibit is incorporated herein by this reference.
SECTION 2. Rate Tables - Effective Date. The amendment and
reestablishment of rate tables as set forth in Section 1 above shall be effective January 1, 2022.
SECTION 3. 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 4. 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 5. 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.
Page 1 of 2
2022 Rates & Fees
PASSED by the City Council the___________ day of November, 2021.
_________________________________
KEVIN GORMAN, Council President
Approved this ________ day of November, 2021.
_________________________________
GREG WHEELER, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ ________________________________
ANGELA HOOVER, City Clerk KYLIE FINNELL, City Attorney
PUBLISHED the ________ day of ______________________, 2021.
EFFECTIVE the ________ day of ______________________, 2021.
ORDINANCE NO. ________.
Page 2 of 2
2022 Rates & Fees
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL A7
SUBJECT: Study Session Date: October 27, 2021
Ordinance to amend and re-establish Utility COUNCIL MEETING Date: November 3, 2021
Assessments, Rates, Fees and Charges for
Department: Financial Services and
2022
PW&U
Presenter: Mike Riley/Tom
Knuckey
Phone: (360) 473-5303
SUMMARY: Ordinance to amend and re-establish the 2022 Utility Assessments, Rates, Fees, and
Charges.
ATTACHMENTS: 1. Ordinance No. ______; and 2) Exhibit A
FISCAL IMPACTS (Include Budgeted Amount): 2022 rates have been adjusted in accordance with
the Bremerton Municipal Code. The Utility rates are incorporated in the 2022 Proposed Budget.
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to pass Ordinance No. ____ amending and re-establishing 2022 Assessments, Rates, Fees,
and Charges for Water, Wastewater, Stormwater, and other related services.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
ORDINANCE NO. ____
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending and reestablishing the
assessments, rates, fees and charges established in Ordinance No.
5406 regarding rates and fees relating to the Department of Public
Works and Utilities for water, wastewater, stormwater and other
related services.
WHEREAS, the City Council desires to amend and reestablish the assessments,
ratesd
Utilities for general facility charges and water, wastewater, stormwater, and other related
services established in Exhibit A of Ordinance No. 5406; NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Rate Tables established. Rates and fees for services relating to the
Department of Public Works and Utilities for general facilities charges and water, wastewater,
stormwater, and other related services, as established in Exhibit A of Ordinance No. 5406, are
hereby amended and reestablished in their entirety as set forth in the attached Exhibit A of this
ordinance, said exhibit is incorporated herein by this reference.
SECTION 2. Rate Tables Effective Date. The amendment and
reestablishment of rate tables as set forth in Section 1 above shall be effective January 1, 2022.
SECTION 3. 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 4. 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 5. 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 November, 2021.
_________________________________
KEVIN GORMAN, Council President
1
2022 Utilities Rates and Fees
Approved this ________ day of November, 2021.
_________________________________
GREG WHEELER, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ _________________________________
ANGELA HOOVER, City Clerk KYLIE FINNELL, City Attorney
PUBLISHED the ________ day of ______________________, 2021.
EFFECTIVE the ________ day of ______________________, 2021.
ORDINANCE NO. ________.
2
2022 Utilities Rates and Fees
AGENDA BILL
CITY OF BREMERTON
A8
CITY COUNCIL
SUBJECT: Study Session Date: October 27, 2021
Acceptance of the Lodging Tax Advisory COUNCIL MEETING Date: November 3, 2021
2 Funding
Department: City Council
Recommendations Michael Goodnow
Presenter:
LTAC Chair
Phone: (360) 473-5280
SUMMARY:
The Lodging Tax Advisory Committee (LTAC) received fourteen (14) requests for funding totaling
$469,500. The focus of the committee was on re-opening venues and facilities that support tourism;
supporting organizations that provide tourism related activities and destination marketing or outreach;
and restoring long-time successful events that are attempting to restart after the pandemic.
After interviews were held on October 1 and 8; followed by review and deliberations on October 15,
funding recommendations for 12 of the 14 applicants for a total allocation of $200,000 through Fiscal
Year 2022 are now being presente (Exhibit A).
Please note that these recommendations exclude pre-dedicated funding already included in the City
2 Budget for the following:
$250,000 for Operations of the Kitsap Conference Center
$150,000 for Operations of the Admiral Theatre
ATTACHMENTS: 1) Exhibit A LTAC Funding Recommendations for 2022
FISCAL IMPACTS (Include Budgeted Amount): RCW 67.28 specifies that
recommendations may either be accepted or rejected. If any individual recommendation is rejected
by City Council, then the proposed change must be submitted to the LTAC for review and comment,
allowing for up to 45 days before final action on the funding is taken.
Funding may only be allocated to the list of eligible applicants provided by the LTAC.
A delay in funding could potentially impact event planning in progress by organizations.
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
2 Funding Recommendations per Exhibit
A.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
EXHIBIT A
FY 2022 Bremerton Lodging Tax Funding Recommendations
Organization Proposed Use of Funding Request Recommendations
Bremerton Tourism Promotion $5,000 $5,000
Symphony Association 2021-2022 Season
Puget Sound Tourism Promotion & Operations $10,000 $5,000
Navy Museum Year-Round
Bremerton Tourism Promotion & Operations $25,000 $16,500
Bremerton Bridge Blast (June 25, 2022)
Bridge Blast
Blackberry Festival Tourism Promotion & Operations $15,000 $10,000
Blackberry Festival (Sept. 3-5, 2022)
Bremerton Tourism Promotion
Historic Ships Year-Round $67,000 $40,000
Association
Admiral Theatre Tourism Promotion $50,000 0
2021-2022 Season
Visit Kitsap Peninsula Tourism Promotion & Operations $25,000 $12,000
Year-Round
Kitsap Historical Tourism Promotion & Operations
Kitsap County Fair (TBD Aug. 2022)
Society & Museum $25,000 $11,500
Kitsap Antique Show (TBD Sept. 2022)
Experience Kitsap Tourism Promotion $20,000 0
Bremerton Bright Tourism Promotion & Operations $75,000 $5,000
Bremerton Bright (July 15-20, 2022)
Mural Festival
Washington State Tourism Promotion & Operations
Science & Engineering Jr. Science & Humanities Symposium $45,000 $32,000
Fair (WSSEF) (February 19-20, 2022)
WSSEF (April 1-2, 2022)
West Sound Operations $7,500 $5,000
West Sound Film Festival (August 2022)
Film Festival
Downtown Bremerton Tourism Promotion & Operations $50,000 $33,000
Association Visitor Center Staffing & Expanded Hours
Bremerton Chamber of Tourism Promotion & Operations
Commerce Bremerton Armed Forced Day Parade & $50,000 $25,000
Festival (TBD May 2022)
Visitor Center Staffing & Expanded Hours
Grand Total $469,500 $200,000