HomeMy WebLinkAbout05/08/2024 STUDY SESSION AGENDA PACKET______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280
* * *AMENDED * * *
WEDNESDAY, MAY 8, 2024
CITY COUNCIL HYBRID STUDY SESSION AGENDA
Starting at 5:00 PM in Council Conference Room 603
Council Conference Room 603 will be open to the public to attend the Study Session in-person, but there will
be no opportunities for input. However, public questions or comments may be submitted at any time to
City.Council@ci.bremerton.wa.us. Please remember that the content of the Agenda Bill items is subject to
change; and no action at the Study Session is anticipated. If approved by the Council, these items will be
placed on the May 15, 2024 City Council Meeting Agenda, or as indicated…
Members of the public may click the link below to join the webinar:
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205 0468 or +1 253 215 8782 or +1 346 248 7799 or +1 669 444 9171 or +1 669 900 6833
Webinar ID: 873 1826 6756
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A. BRIEFINGS ON AGENDA BILL ITEMS
1. Confirm Mayor’s appointment of Peregrin K. Sorter as Administrative Hearing Examiner and
approval of associated Professional Services Agreement
2. Contract Award for Reservoir 17 – Interior Coating Replacement Item pulled
3. Select Funding Alternative to close design funding gap for Warren Avenue Bridge Project
Item pulled
4. Proposed Ordinance amending Section 2.50.032 of the Bremerton Municipal Code entitled
“Actual Salary Rate”
5. Council Review of Parks & Recreation Director Job Description
B. INFORMATION ONLY – Department-led items...
1. Update on DEI Program – Human Resources and Legal Departments
2. Briefing on Do’s & Don’ts during Election Season – Legal Department
C. GENERAL COUNCIL BUSINESS
1. Constituent FAQs Links for Council Webpage – Council Vice President Anna Mockler
2. Pride Recognition in the City of Bremerton – President Jennifer Chamberlin
3. Public Safety Committee Briefing (Last Meeting 5/2/24) - Chair Denise Frey
4. Regional and Other Committee/Board Briefings
5. Other General Council Business (For good of the order, and as time allows…)
D. ADJOURNMENT OF STUDY SESSION
Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations
should contact the City Clerk’s Office at (360) 473-5323 at least 24 hours prior to the meeting.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Confirm Appointment of
Peregrin K. Sorter as Administrative Hearing
Examiner and Approval of Professional
Services Agreement
Study Session Date: May 8, 2024
COUNCIL MEETING Date: May 15, 2024
Department: DCD
Presenter: Andrea Spencer
Phone: (360) 473-5283
SUMMARY:
The Bremerton Municipal Code (BMC) chapter 2.13 establishes that the City will have an
Administrative Hearing Examiner (“Examiner”) to review and interpret land use regulations, conduct
hearings, render decisions, and hear other matters as provided for in the BMC and other ordinances.
In 2023 Alex Sidles, PLLC was appointed the City’s Administrative Hearing Examiner, and in March
2024 we were notified that Mr. Sidles was being appointed to the Washinton State Growth
Management Hearings Board and would no longer be able to serve as our Examiner after May 31,
2024.
The Department of Community Development sent out a Request for Quotes (RFQ) which closed on
April 26, 2024. Based on the RFQ responses, a review of the applicant’s qualifications and
consideration of cost, Peregrin K. Sorter, Laminar Law, PLLC was selected to serve as the City’s
new Examiner. The BMC requires that the selection of the Examiner be confirmed by the City
Council. Mayor Wheeler proposes the appointment of the Administrative Hearing Examiner pursuant
to the terms of the attached Professional Services Agreement. The annual cost for this contract will
be approximately $40,000, with potential additional costs if additional hearings are required.
ATTACHMENTS:
Professional Services Agreement with Peregrin Sorter, Laminar Law PLLC
Bremerton Municipal Code 2.13 – Administrative Hearing Examiner
Request for Qualifications Added 5/6/24 12:53 PM
FISCAL IMPACTS (Include Budgeted Amount): This annual expenditure is budgeted
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the appointment of Peregrin K. Sorter, Laminar Law PLLC as the City’s
Administrative Hearing Examiner and authorize the Mayor 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
A1
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PROFESSIONAL SERVICES AGREEMENT
CITY OF BREMERTON ADMINISTRATIVE HEARING EXAMINER
The City of Bremerton (“City”) and Laminar Law, PLCC (“Consultant”), referred to
collectively as the “Parties,” enter into the following Agreement for professional services:
I. Scope: The Consultant agrees to perform the services more specifically described in the
Scope of Work, dated April 29 2024, including any attachments thereto, attached hereto as Exhibit
A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant
to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional
services such services shall only be performed upon the express written request of the City.
Consultant further represents that the services furnished under this Agreement will be performed
in accordance with generally accepted professional practices in effect at the time such services are
performed.
II. Term: The City and the Consultant agree that work will begin on the tasks described in
Exhibit A beginning June 1, 2024. The parties agree that the work described in Exhibit A is to be
completed as provided for in the work schedule attached hereto as Exhibit A; provided however,
that additional time shall be granted by the City for excusable delays or extra work as provided for
in Section X.A of this agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed $ 3,300 per month plus $ 225.00 per hour for
services provided in excess of twelve hearings per year. Consultant’s charges and bills shall
conform to the fee schedule attached hereto as Exhibit A and incorporated herein by this reference.
The Consultant shall submit regular billing statements detailing work performed and
amount charged on each task or portion thereof. The descriptions shall conform to and fall within
the categories set out in the Scope of Work and/or Fee Schedule. Upon re ceipt of a conforming
billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City
reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time
frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as
delineated in Exhibit A.
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Consultant shall only be compensated for additional services if requested pursuant to
Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit
A.
If a billing statement does not conform to this Agreement, the City may withhold payment
until the statement is brought into compliance. Such withholding does not relieve Consultant of
its obligations under this Agreement.
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IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Work and is performing independent functions and responsibilities within its field
of expertise. Consultant and its personnel are independent Consultants and not employees of the
City. Consultant and its personnel have no authority to bind the City or to control the City’s
employees and other Consultants. None of the benefits provided by the City to its employees,
including, but not limited to, compensation, insurance, and unemployment insurance are available
from the City to the employees, agents, representatives, or sub-consultants of the Consultant.
Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents,
employees, representatives and sub-consultants during the performance of this Agreement. The
City may, during the term of this Agreement, engage other independent Consultants to perform
the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City’s administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State professional
licensing, and City business licensing. If any taxes or fees due the City have been declared
delinquent, the City may withhold the delinquent amount, plus any additional charges arising from
the delinquency, from any payments due Consultant.
V. Indemnification:
A. Consultant shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement except for that portion of the injuries and damages caused by the
City’s sole negligence, unless Consultant is conducting work pursuant to Subsection B below.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
B. Architects, Engineers and Any Other Professional Listed In and Performing
Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that
Consultant’s services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in
the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to
the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER
OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE
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PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE
THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, employees, sub-consultants or sub-Consultants.
Before beginning work on the project described in this Agreement, the Consultant shall
provide a Certificate of Insurance evidencing:
1. Commercial General Liability insurance written on an occurrence basis with
limits no less than $1,000,000 combined single limit per occurrence and general
aggregate for personal injury, bodily injury and property damage. Coverage shall
include but not be limited to: blanket contractual; products/completed
operations/broad form property damage; explosion, collapse and underground
(XCU) if applicable; and
2. Professional Liability insurance with limits no less than $1,000,000 limit per
occurrence/claim; and
3. 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
Consultant.
All required policies shall be provided on an “occurrence” basis except professional
liability insurance (if required), which may be provided on a “claims-made” basis.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of
all the required insurance policies and endorsements. The City further reserves the right to reject
any unacceptable policies and/or endorsements.
The Consultant's Commercial General Liability insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer's liability.
The Consultant's insurance shall be primary 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
obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by
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certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th
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 also reserves its unqualified right to require at any time and for any reason, proof
of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence
of coverage.
In the event that the Consultant employs other consultants or Consultants (sub-consultants
or sub-Consultants) as part of the work covered by this Agreement, it shall be the Consultant’s
responsibility to require and confirm that each sub-consultant or sub-Consultant meets the
minimum insurance requirements specified above. The Consultant shall, upon demand of the City,
deliver to the City copies of such policy or policies of insurance and the receipts for payment of
premiums thereon.
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and documents
shall be furnished in the time and form requested. Consultant shall maintain accounting records
in accordance with Generally Accepted Accounting Principles (“GAAP”) to substantiate all billed
amounts.
B. Ownership and Use of Records and Documents: Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City. All written information submitted by the City to the Consultant in connection
with the services performed by the Consultant under this Agreement will be safeguarded by the
Consultant to at least the same extent as the Consultant safeguards like information relating to its
own business. If such information is publicly available or is already in Consultant's possession or
known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no
responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in Tacoma, Washington. Consultant shall make such data, documents, and
files available to the City upon its request at all reasonable times for the purpose of editing,
modifying and updating as necessary until such time as the City is capable of storing such
information in the City's offices. Duplicate copies of this information shall be provided to the City
upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service
with respect to the project and are the property of the City. Any reuse by the City for other than
the specific purpose intended will be at City’s sole risk.
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C. Use of Photographs and Images. Consultant shall not use or distribute photographs
or images depicting City officials, personnel, property, or equipment whether prepared by
Consultant or provided by City without prior written consent of the City. The City will not
unreasonably withhold its consent.
D. Work Performed at Consultant's Risk: Consultant shall take all precautions
necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in
the performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss
of or damage to materials, tools, or other articles used or held for use in connection with the work.
E. Place of Work: The Consultant shall perform the work authorized under this
Agreement at its offices in Tacoma, Washington. Meetings with the City staff as described in
Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed
upon by the parties.
F. Entire Agreement: This Agreement and its Exhibits constitutes the entire
agreement between the Parties, and the Parties acknowledge that there are no other agreements,
written or oral, that have not been set forth in the text of this Agreement.
G. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
H. Modification: This Agreement may only be modified by written instrument signed
by both Parties.
I. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
Notices to be sent to: Notices to be sent to:
CITY: CONSULTANT:
Attn:ANDREA SPENCER Attn: PEREGRIN K. SORTER
City of Bremerton LAMINAR LAW, PLLC
345 6th Street, Suite 100 1919 N. Union Avenue
Bremerton, WA 98337-1891 Tacoma, WA 98406
J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of
any of the covenants and agreements contained herein, or to exercise any option herein conferred
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in one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
L. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
M. Choice of Law and Venue: This Agreement shall be interpreted according to the
laws of the State of Washington. Any judicial action to resolve disputes arising out of this
Agreement shall be brought in Kitsap County Superior Court.
N. Attorneys’ Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney’s fees.
O. Assignment: Any assignment of this agreement by the Consultant without the
written consent of the City shall be void.
VIII. Equal Employment Opportunity Statement: In the hiring of employees for the
performance of work under this Agreement, the Consultant, its subConsultants, or any person
acting on behalf of Consultant 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.
IX. 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.
X. Termination: This Agreement shall remain in force until completion and acceptance of
the services. This Agreement can be terminated by either party providing 60 days’ notice of
termination. This Agreement may be immediately terminated for cause by a Party if the other
Party substantially fails to perform through no fault of the terminating Party, and the non -
performing Party does not commence correction of the failure of performance within thirty (30)
days of the terminating Party’s sending notice to the non-performing Party. Any Notice by
Consultant shall include a report showing the status of all items listed in the Scope of Work current
through the termination date.
If the City receives reimbursement by any federal, state, or other source for work described
in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is
cancelled or substantially reduced after the execution date of this Agreement and prior to the
completion of the work, the City may summarily terminate this Agreement.
A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor
shall Consultant be charged with liquidated damages for any delays in the completion of the work
due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials,
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equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any
acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not
reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond
the control and without the fault or negligence of the Consultant, including, but not restricted to,
acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that
the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause
of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly
excusable, the City shall, in writing, extend the time for completing the work for a period of time
commensurate with the period of excusable delay.
B. Rights Upon Termination: In the event of termination, the City shall pay for all
services performed by the Consultant to the effective date of termination, as described on a final
invoice submitted to the City. After termination, the City may take possession of all records and
data within the Consultant's possession pertaining to this project which may be used by the City
without restriction. Any such use not related to the project which Consultant was contracted to
perform shall be without liability or legal exposure to the Consultant.
XI. Suspension & Debarment. For contracts involving Washington State and Federal
funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals
are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any State or Federal department or
agency. Consultant shall provide immediate written notice to the City if at any time it learns that
it is or has become ineligible for certification. Should Consultant enter into a covered transaction
with another firm, Consultant agrees by signing this agreement that it will verify that the firm
with whom it intends to do business is not debarred, suspended, ineligible, excluded or
disqualified.
IN WITNESS WHEREOF, the parties below have executed this Agreement.
CITY: CONSULTANT:
CITY OF BREMERTON Laminar Law, PLLC
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
APPROVED AS TO FORM: ATTEST:
By: By:
Kylie J. Finnell, Bremerton City Attorney Angela Hoover, City Clerk
EXHIBIT A
April 29, 2024
SCOPE OF WORK
ESTABLISHMENT OF ADMINISTRATIVE HEARING EXAMINER. The City of Bremerton Establishes
Peregrin K. Sorter and Laminar Law, a Professional Limited Liability Company (PLLC), to serve as
the City’s Administrative Hearing Examiner pursuant to Bremerton Municipal Code (BMC) 2.13.
JURISDICTION. Laminar Law, PLLC will have the jurisdiction established in BMC 2.13.070.
DUTIES. Laminar Law, PLCC will fulfill the duties as established in BMC 2.13.080.
CONDUCT, PROCEDURES, AND DECISIONS. Laminar Law, PLLC will follow the provisions
outlined in BMC 2.13 that allows the establishment organizational rules for conducting hearings
and agrees to render decisions, recommendations, and reconsiderations pursuant to the
provisions contained in the subsections of BMC 2.13.
TERM
This Agreement will continue in full force and effect until terminated. The parties agree that this
contract can be terminated by either party giving 60-day written notice of termination.
COMPENSATION
Compensation for the Administrative Hearing Examiner shall be a flat fee of $3,300.00 per
month. In a calendar year, this rate will include twelve days of hearings and all duties and
activities set forth above. In the event the City of Bremerton needs to schedule additional
hearing days, these hearing will be billed at the rate of $225.00 per hour. Any hearing scheduled
outside of the regular hearing date should be held on a mutually agreed upon date and time.
Invoices shall be payable 30 days upon receipt. Upon termination of this Agreement, matters
pending shall be completed and compensated pursuant to this compensation schedule. Final
payment shall be withheld until all Findings of Fact and Conclusions of Law have been received .
Chapter 2.13
ADMINISTRATIVE HEARING EXAMINER
Sections:
2.13.010 PURPOSE.
2.13.020 CREATION.
2.13.030 APPOINTMENT AND REMOVAL.
2.13.040 QUALIFICATION AND REMOVAL.
2.13.050 IMPROPER INFLUENCE, CONFLICT OF INTEREST AND APPEARANCE OF FAIRNESS.
2.13.060 ORGANIZATION, RULES.
2.13.070 JURISDICTION.
2.13.080 DUTIES.
2.13.090 FILING OF APPLICATIONS AND APPEALS.
2.13.100 OPEN RECORD PUBLIC HEARING.
2.13.110 DECISIONS AND RECOMMENDATION.
2.13.120 RECONSIDERATION.
2.13.130 APPEAL OF DECISION.
2.13.140 CITY COUNCIL ACTION.
2.13.150 CITY ADMINISTRATIVE STAFF ARE TO BE CONSIDERED A PERSON OR PARTY.
2.13.010 PURPOSE.
The purpose of this chapter is to:
(1) Separate the land use regulatory function from the land use planning process;
(2) Ensure procedural due process and appearance of fairness in regulatory hearings and decisions;
(3) Provide an efficient and effective land use regulatory system which integrates the public hearing and decision-
making processes for land use matters;
(4) Provide for consistency and predictability in decision making and the application of policies and regulations
adopted by the city;
(5) Provide a forum for conducting public hearings required by the Bremerton Municipal Code; and
(6) Provide a forum for hearing appeals of administrative decisions and other matters as established by the
Bremerton Municipal Code. (Ord. 4798, Amended, 05/10/2002; Ord. 4778, Added , 11/05/2001)
2.13.020 CREATION.
The position of the Administrative Hearing Examiner (also referred to in this chapter as "Hearing Examiner" or "examiner")
is hereby created. The Administrative Hearing Examiner shall review and interpret land use regulations; conduct hearings,
render decisions, and make recommendations on land use applications; hear appeals from administrative orders,
recommendations, permits, decisions or determinations made by a city o fficial as set forth in this chapter, and review and
hear other matters as provided for in the Bremerton Municipal Code and other ordinances. The term
"Administrative Hearing Examiner" shall likewise include the examiner pro tem. (Ord. 4798, Added, 05/10/2002)
2.13.030 APPOINTMENT AND REMOVAL.
The Administrative Hearing Examiner shall be appointed by the Mayor subject to confirmation by the City Council. The
appointment may be made as a contract employee or as an independent contractor for a term and on con ditions
determined appropriate by the City Council. The Examiner(s) pro tem shall be selected by and serve at the pleasure of the
Mayor. In the absence or the inability of the Administrative Hearing Examiner to act, or when expertise is needed to hear a
particular matter, the examiner pro tem shall serve in place of the Administrative Hearing Examiner and shall have all the
duties and powers of the Administrative Hearing Examiner. The Administrative Hearing Examiner may be terminated in
accordance with the contract terms. An examiner pro tem may be terminated by the Mayor at will. (Ord. 4798, Amended,
05/10/2002; Ord. 4778, Added, 11/05/2001)
2.13.040 QUALIFICATION AND REMOVAL.
Examiners shall be appointed solely with regard to their qualifications for the duties of their office and will have such
training and experience as will qualify them to conduct administrative or quasi-judicial hearings on regulatory enactments
and to discharge the other functions conferred upon them. Examiners shall hold no other elec tive or appointive office or
position with the City of Bremerton. (Ord. 4798, Amended, 05/10/2002; Ord. 4778, Added, 11/05/2001)
2.13.050 IMPROPER INFLUENCE, CONFLICT OF INTEREST AND APPEARANCE OF FAIRNESS.
No city official, elective or appointive, shall attempt to influence the Administrative Hearing Examiner in any matter
officially before him so as to constitute misconduct of a public office under Chapter 42.20 RCW or a violation of the
appearance of fairness doctrine. No member of the council shall participate in any proceedings on appeal from the
Administrative Hearing Examiner’s decision if to do so will constitute a conflict of interest or violation of the appearance of
fairness doctrine. The Administrative Hearing Examiner shall conduct all proceedings in a manner to avoid conflicts of
interest or other misconduct and to avoid violations of the appearance of fairness doctrine. If such co nflicts or violations
cannot be avoided in a particular case, the examiner shall assign an examiner pro tem to act in his absence. (Ord. 4778,
Added, 11/05/2001)
2.13.060 ORGANIZATION, RULES.
The Administrative Hearings Examiner is empowered to adopt rules for the scheduling and conduct of hearings and other
procedural matters related to the duties he is required to perform. The rules shall include any procedural rules for
conducting hearings as set forth in the Bremerton Municipal Code. The rules shall pro vide for the process to be effective
and efficient while assuring that the participants are afforded an opportunity to present their case without unnecessary
emphasis upon formal procedure. The examiner shall have the authority to subpoena witnesses, and to the extent
necessary to assure a fair hearing and to afford each party the opportunity to present their case, may allow limited
discovery if it is not unduly burdensome, will not unnecessarily delay the proceedings, and the information is not otherwise
available. (Ord. 4798, Amended, 05/10/2002; Ord. 4778, Added, 11/05/2001)
2.13.070 JURISDICTION.
(1) The Administrative Hearing Examiner shall have jurisdiction to:
(a) Conduct hearings, render decisions, make recommendations and to hear appeals of administrative decisions
on land use applications as specified in BMC Title 20, as amended.
(b) Conduct public hearings on all local improvement districts and utility local improvement districts.
(c) Hear an appeal of a department director's administrative decision when provided in the Bremerton Municipal
Code.
(d) Hear code enforcement matters pursuant to provisions of the Bremerton Municipal Code.
(e) Conduct public hearings when required under the provisions of the State Environmental Policy Act; conduct
open-record public hearings or closed-record appeals in accordance with the provisions of the Bremerton Municipal
Code; conduct such other hearings as the city council may from time to time deem appropriate.
(f) Hear such other matters as may be designated by the Bremerton Municipal Code and/or the City Council.
(2) It is the intent that all quasi-judicial appeals of land use decisions, which have prior to the enactment of this chapter
been heard by the city council and/or the planning commission, now be heard by the
Administrative Hearing Examiner pursuant to this chapter, and to the extent other provisions of the Bremerton Municipal
Code are inconsistent, jurisdiction for such quasi-judicial appeals will be with the Administrative Hearing Examiner unless
otherwise required by state or federal law.
(3) Unless otherwise indicated, all other references in the Bremerton Municipal Code to "Hearing Examiner" shall not
mean the Municipal Court Hearing Examiner except for those matters established pursuant to Chapter 2.62 of the
Bremerton Municipal Code over which the Municipal Court Hearing Examiner will have jurisdiction. (Ord. 4970 §1, 2006:
Ord. 4798, Amended, 05/10/2002; Ord. 4778, Added, 11/05/2001)
2.13.080 DUTIES.
The Administrative Hearing Examiner shall have the following duties with respect to applications of matters submitted
before him or her.
(1) Appeals of Administrative Decisions/Determinations. The Administrative Hearing Examiner shall hear open-record
appeals of administrative decisions/determinations submitted before him or her, prepare a record thereof, and enter
findings of fact and conclusions based upon these facts, which findings and conclusions shall represent final action unless
appealed as specified in BMC 2.13.130, for the following:
(a) Appeals of all Type I and Type II project permit decisions identified in BMC 20.02.040 and appealed pursuant
to BMC 20.02.140(a)(3).
(b) Appeals of business license denials, revocations and regulations as authorized pursuant to BMC Title 5.
(c) Appeals of right-of-way use permit application decisions made pursuant to Chapter 11.02 BMC.
(d) Appeals of administrative decisions on shoreline substantial developmental permits pursuant to
BMC 20.02.140(b) and Chapter 7(c)(4) of the City of Bremerton Shoreline Master Program.
(e) Appeals of administrative decisions on short subdivisions and plats pursuant to BMC 20.12.100.
(f) Appeals of administrative determinations applying the City Building Code pursuant to BMC 17.04.140.
(g) Appeals of administrative determinations applying the Uniform Fire Code pursuant to BMC 18.02.180.
(2) Decisions of the Administrative Hearing Examiner. The Administrative Hearing Examiner shall receive and examine
available information, conduct open-record public hearings, prepare a record thereof, enter findings of fact and
conclusions based upon these facts, and render a decision, which decision shall represent the final action on the
application, unless appealed, as specified in BMC 2.13.130 for all Type III project permit applications identified in
BMC 20.02.040.
(3) Recommendations of the Administrative Hearing Examiner. The Administrative Hearing Examiner shall receive and
examine available information, conduct open predecision public hearings, prepare a record thereof and enter findings of
fact and conclusions based upon those facts, together with a recommendation to the city council, for the following:
(a) All Type IV project permit applications identified in BMC 20.02.040.
(b) Local Improvement districts and utility local improvement district formation and assessments pursuant to
Chapter 11.04 BMC and Chapters 35.43 and 35.44 RCW. (Ord. 4970 §2, 2006: Ord. 4798, Added, 05/10/2002)
2.13.090 FILING OF APPLICATIONS AND APPEALS.
Applications to the Administrative Hearing Examiner for a decision, recommendation or an appeal shall be filed with the
Department of Community Development. Applications shall be filed with the applicable filing fee as set forth in
Chapter 3.01 BMC. When it is found an application or appeal meets the filing requirements of the affected City Code, rule
or regulation, the application shall be accepted. The Administrative Hearing Examiner shall be responsible for assigning a
date for the public hearing for each application or appeal. Hearings on project permit applications are subject to the notice
and hearing requirements set forth in the Bremerton Municipal Code. (Ord. 4894 §1, 2004; Ord. 4836, Amended,
12/20/2002; Ord. 4798, Added, 05/10/2002)
2.13.100 OPEN RECORD PUBLIC HEARING.
(1) Before rendering a decision or recommendation on any land use application, the
Administrative Hearing Examiner shall hold one (1) open-record public hearing thereon.
(2) For all applications, notice of the time and place of the public hearing shall be given as provided in the ordinance
governing the application. If none is specifically set forth, such notice shall be given at least ten (10) working days prior to
such hearing.
(3) The Administrative Hearing Examiner shall have the power to prescribe rules and regulations for the conduct of
hearings under this chapter and also to administer oaths, and preserve order. (Ord. 4798, Added, 05/10/2002)
2.13.110 DECISIONS AND RECOMMENDATION.
(1) The Administrative Hearing Examiner's recommendation or decision may be to grant or deny the application, or the
Administrative Hearing Examiner may recommend or require of the applicant such conditions, modifications and
restrictions as the Administrative Hearing Examiner finds necessary to make the application compatible with its
environment, with applicable State laws, and to carry out the objectives and goals of the comprehensive plan, the zoning
code, the subdivision code, and other codes and ordinances of the City. Conditions, modifications and restrictions which
may be imposed are, but are not limited to, additional setbacks, screenings in the form of landscaping and fencing,
covenants, easements and dedications of additional road rights-of-way. Performance bonds or other financial assurances
may be required to ensure compliance with conditions, modifications and restrictions.
(2) In regard to all Type IV project permit applications identified in BMC 20.02.040, the
Administrative Hearing Examiner's findings and conclusions and recommendation shall be submitted to the City Council,
which shall have the final authority to act on such applications. The hearing by the Administrative Hearing Examiner shall
constitute an open-record predecision hearing before the final decision is made by the City Council. The
Administrative Hearing Examiner shall file its recommendation with the City Council at the expiration of the period
provided for reconsideration, or if reconsideration is accepted, within ten (10) working days after the decision on
reconsideration.
(3) When the Administrative Hearing Examiner renders a decision or recommendation, the
Administrative Hearing Examiner shall make and enter written findings from the record and conclusions therefrom which
support such decision. The decision shall be rendered within ten (10) working days following conclusion of all testimony
and hearings, unless a longer period is mutually agreed to on the record by the applicant and the
Administrative Hearing Examiner. The copy of such decision, including findings and conclusions, shall be transmitted by
first class mail to the applicant and other parties of record in the case requesting the same.
(4) In the case of shoreline substantial development permits, pursuant to RCW 90.58.140(11)(a)(iii), appeals shall be
decided within thirty (30) calendar days of filing of the appeal.
(5) The filing fee as set forth in Chapter 3.01 BMC paid by the appellant for any appeal to the
Administrative Hearing Examiner shall be refunded to the appellant if the appellant is the substantially prevailing party.
(Ord. 4970 §3, 2006: Ord. 4894 §2, 2004; Ord. 4798, Added, 05/10/2002)
2.13.120 RECONSIDERATION.
A party of record believing that a decision or recommendation of the Administrative Hearing Examiner is based on
erroneous procedures, errors of law or fact, or the discovery of new evidence which could not be reasonably available at
the prior hearing may make a written request for reconsideration by the Administrative Hearing Examiner within fourteen
(14) calendar days of the date the decision or recommendation is rendered. This request shall set forth the specific errors
or new information relied upon by such appellant, and the Administrative Hearing Examiner may, after review of the
record, take further action as he or she deems proper. If a request for reconsideration is accepted, a decision is not final
until after a decision on reconsideration is issued. (Ord. 5148 §2, 2011: Ord. 4798, Added, 05/10/2002)
2.13.130 APPEAL OF DECISION.
(1) Any party who feels aggrieved by the decision or other final action of the Administrative Hearing Examiner may
submit an appeal within twenty-one (21) calendar days from the date the final decision of the
Administrative Hearing Examiner is rendered to the Superior Court or to another designated forum.
(2) No appeal may be made from a recommendation of the Administrative Hearing Examiner. (Ord. 4798, Added,
05/10/2002)
2.13.140 CITY COUNCIL ACTION.
(1) Any application requiring action by the City Council shall be taken by the adoption of a motion, resolution or
ordinance by the City Council. When taking any such final action, the City Council shall make and enter findings of fact
from the record and conclusions therefrom which support its action. The City Council may adopt all or portions of the
findings and conclusions from the Administrative Hearing Examiner’s recommendation.
(2) The action of the City Council, approving, modifying, or rejecting a recommendation of the
Administrative Hearing Examiner, shall be final and conclusive. Appellants have twenty -one (21) calendar days from the
date of City Council action to file an appeal with the superior court. (Ord. 4798, Added, 05/10 /2002)
2.13.150 CITY ADMINISTRATIVE STAFF ARE TO BE CONSIDERED A PERSON OR PARTY.
For the purpose of BMC 2.13.130 and 2.13.140, the City's administrative staff shall be considered a "person" and/or
"party" and shall have the same rights as any other person or party to make requests for reconsideration to the
Administrative Hearing Examiner or to appeal decisions of the Administrative Hearing Examiner to Superior Court or to
another designated forum. (Ord. 4970 §4, 2006: Ord. 4798, Added, 05/10/2002)
REQUEST FOR QUOTES
ADMINISTRATIVE HEARING EXAMINER SERVICES
PROPOSALS DUE: Noon Friday April 26, 2024
The City of Bremerton (City) utilizes a Hearing Examiner system for considering and
acting on quasi-judicial land use actions, code enforcement cases, technical building
code appeals and related appeals/permits. The current contract for services will end in
August of 2023. The City of Bremerton is seeking quotes for the services of an
Administrative Hearing Examiner to begin on or abou t August 28, 2023. The
Administrative Hearing Examiner is an independent contractor and not an employee of
the City of Bremerton. Quotes should include all the requested information indicated
below.
GENERAL SCOPE OF SERVICES:
The successful applicant shall perform the duties of the Administrative Hearing
Examiner as set forth in City of Bremerton Municipal Code, as now in effect or as
hereafter amended. The City of Bremerton Hearing examiner system is adopted
pursuant to RCW 35A.63.170 and Bremerton City Ordinances 4778 and 4798 and
Bremerton Municipal Code Chapter 2.13 Administrative Hearing Examiner.
The Administrative Hearing Examiner conducts quasi‐judicial hearings on complex land
use matters, code enforcement matters and regulatory compliance issues on behalf of
the City, and other issues designated to the Hearing Examiner by ordinance or
resolution. The Hearing Examiner shall issue decisions and r ecommendations based on
relevant ordinances, regulations, policies, statutes, and other authorities.
All duties shall be performed in a manner consistent with accepted practices for hearing
examiner services, including interpreting, reviewing, and implementing the City's land
use regulations and the pertinent and appropriate provisions of Bremerton Munici pal
Code; conducting orderly and impartial hearings and hearing appeals; and preparing
written decisions in a timely manner which are understandable and based upon
reasoning and all applicable laws.
The City of Bremerton Department of Community Development will provide preparation
of case files and records; staff support during hearings; set agendas in consultation with
the examiner; prepare legal notices; provide reproduction, mailing, distribution o f notices
and decisions.
QUALIFICATIONS:
The applicant shall provide information regarding the applicant's background and
familiarity with general land use law and regulations and land use hearing processes.
The hearing examiner must have expertise and experience in land use planning. A
practicing land use attorney is preferred. The applicant must have knowledge of the
Washington State Growth Management Act and Washington State Environmental Policy
Act. The Administrative Hearing Examiner shall hold no other elective or appointive
office or position with the City of Bremerton.
PROPOSAL:
The applicant shall submit a proposal indicating the general conditions of a contract with
the City, if the applicant is chosen, including all costs that would be incurred by the City
for the provision of the Hearing Examiner services. Prior to beginning work, the
Examiner will be required to procure and maintain for the duration of the contract and at
the Examiner's expense (not required as part of quote)
Automobile Liability insurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
Commercial General Liability insurance written on an occurrence basis with limits
no less than $1,000,000 combined single limit per occurrence and general
aggregate for personal injury, bodily injury and property damage. Coverage shall
include but not be limited to: blanket contractu al; products/completed
operations/broad form property damage; explosion, collapse and underground
(XCU) if applicable; and
Excess Liability insurance with limits not less than $1,000,000 limit per
occurrence and aggregate; and
Professional Liability insurance with limits no less than $1,000,000 limit per
occurrence/claim; and
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.
SUBMITTAL REQUIREMENTS:
Interested parties should submit the following:
1. Letter of Interest – No more than one (1) page in length that includes contact
information and signature. The letter should state the educational degree(s) held
by the person, institutions issuing degree(s) and the date such degree(s) were
issued. If the proposal is submitted by a law firm, information on all attorneys
anticipated to provide services must be provided.
2. Summary of Qualifications, Experience and Availability – This must be no
more than three (3) pages in length. It should summarize the applicant’s
qualifications to be a hearing examiner, including his/her relevant experience as
a hearing examiner or other type of administrative judge, experience with land
use law, environmental law, shoreline laws, municipal codes, code enforcement
and building codes. For judicial or quasi-judicial experience, please list
jurisdictions, types of cases, number of cases and approximate dates such work
was performed.
3. Method and Approach – A summary of the applicant’s approach to providing
examiner services, including a description of applicant’s support staff and how
applicant will have the ability to meet decision deadlines.
4. Example of Written Work – At least three (3) examples of the applicant’s
written decisions, preferably as a hearing examiner, must be provided.
5. Professional References – At least three (3) professional references,
including phone numbers and other contact information.
6. FeeProposal–A description of the proposed compensation required by the
applicant. Specify whether the proposal is for a lump sum annual fee, a cost per
hour fee or a combination of lump sum and cost per hour fees. Specify whether
mileage, travel time and/or out of pocket expenses are factored into the fee
proposal.
SELECTION CRITERIA AND PROCESS:
Selection will be based upon:
1. Knowledge and experience in:
• Adjudication or Litigation related to land use planning and zoning
• Growth Management Act
• State Environmental Policy Act
• Municipal Code Enforcement
• Administrative Procedures
2. Experience with writing legally defensible local land use decisions.
3. Approach to quality control, case management and decision delivery.
4. Making effective use of public resources through a reasonable fee proposal.
5. Experience and manner of holding public meetings and quasi -judicial
proceedings in various formats (in-person and via Zoom).
6. Response of references.
All proposals shall be submitted by e-mailing andrea.spencer@ci.bremerton.wa.us by
Noon., on Friday, April 26, 2024. Proposals received after this time will not be
considered. For specific questions concerning this Request for Quotes (RFQ) please
email Andrea Spencer, Director of Community Development at
andrea.spencer@ci.bremerton.wa.us
TERMS AND CONDITIONS:
1. The City reserves the right to reject any and all proposals, to waive irregularities and
informalities in the submittal and evaluation process, and to change the selection
process or timeline.
2. The City reserves the right to request clarification of information submitted and to
request additional information from any proposer.
3. The contract resulting from acceptance of a proposal by the City shall be in a form
supplied by the City and shall reflect the specifications on this RFQ. This RFQ does not
obligate the City to accept or contract for any expressed or implied services.
4. The City shall not be responsible for any costs incurred by an interested party in
preparing, submitting, or presenting its response to the RFQ.
5. All submitted documents are public record and subject to disclosure.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: May 8, 2024
Contract Award for Reservoir 17 – Interior
Coating Replacement
COUNCIL MEETING Date: May 15, 2024
Department: Engineering
Presenter: Bill Davis
Phone: (360) 473-2312
SUMMARY: Reservoir 17 is a 1.0-million-gallon steel water reservoir located at 400 Ridge Drive.
The scope of work includes abrasive blasting and recoating the entire interior with a 3-coat epoxy
coating system. The interior was last coated in 1995. Additional work under this contract includes
cleaning the exterior of eight (8) steel reservoirs located at multiple sites to remove organic matter
that could reduce coating life.
Bids were opened on May 7, 2024. _____ bids were received. ____________________ was the
lowest responsible, responsive bidder in the amount of $_____________ (which includes sales tax).
ATTACHMENTS: 1. Agreement; 2. Location Map; 3. Bid Tabulation
FISCAL IMPACTS (Include Budgeted Amount): This project is included in the 2024 Water Capital
Budget.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move to award the contract for the Reservoir 17 – Interior Coating
Replacement project to ________________________ in the amount of $_________, including sales
tax, 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
A2
Item pulled
RESERVOIR 17 – INTERIOR COATING REPLACEMENT AGREEMENT
APRIL 2024 00500-1
SECTION 00500
AGREEMENT
THIS AGREEMENT is dated the day of in the
year 2024 by and between City of Bremerton (hereinafter called OWNER) and
(hereinafter called CONTRACTOR).
OWNER 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 OWNERS's Contract
Documents entitled RESERVOIR 17 – INTERNAL COATING REPLACEMENT.
ARTICLE 2. CONTRACT TIMES.
The WORK shall obtain Substantial Completion within 90-calendar days from 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. Final Completion and Acceptance of WORK
shall be achieved no later than 30 calendar days following Substantial Completion.
ARTICLE 3. LIQUIDATED DAMAGES.
OWNER and the CONTRACTOR recognize that time is of the essence for this Agreement and that the
OWNER 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 Article 12 of the General Conditions and
Supplementary Conditions. They also recognize the delays, expense, and difficulties involved in proving
in a legal proceeding the actual loss suffered by the OWNER if the WORK is not completed on time.
Accordingly, instead of requiring any such proof, the CONTRACTOR shall pay the OWNER liquidated
damages for the delay (Not as a penalty) in the amount of $750 per day that expires after the time
specified in Article 2.
ARTICLE 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the WORK in accordance with the Contract
Documents in the amount set forth in the Bid Schedule(s).
ARTICLE 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General
Conditions.
Contractor Initials
RESERVOIR 17 – INTERIOR COATING REPLACEMENT AGREEMENT
APRIL 2024 00500-2
ARTICLE 6. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the WORK consist of this Agreement (Section 00500) and the following which are either
attached or incorporated herein by reference:
· Notice Inviting Bids (Section 00030).
· Bidders Checklist (Section 00100).
· Bid Proposal including the Bid, Bid Schedule(s), Information Required of Bidder, Bid
Bond, and all required certificates and affidavits (Section 00300).
· Performance Bond (Section 00610).
· Payment Bond (Section 00620).
· General Conditions (Section 00700).
· Supplementary General Conditions (Section 00800).
· Technical Specifications as listed in the Table of Contents, including appendices.
· Drawings as listed in the List of Drawings
· Addenda numbers to , inclusive.
· 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 3.04 of the General Conditions.
ARTICLE 7. WAIVER OF IMMUNITY.
The CONTRACTOR and OWNER 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. The CONTRACTOR and OWNER
acknowledge and agree to the requirements for indemnification in Sections 6.20 of the General
Conditions and Supplemental Conditions. The provisions of this section shall survive the termination of
the contract.
ARTICLE 8. SUSPENSION OF WORK AND TERMINATION.
The CONTRACTOR agrees to the right of the OWNER to suspend work or terminate this agreement as
indicated in Article 15 of the General Conditions and Supplementary Conditions.
Contractor Initial
RESERVOIR 17 – INTERIOR COATING REPLACEMENT AGREEMENT
APRIL 2024 00500-3
ARTICLE 9. 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
OWNER, 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 subcontractors and suppliers.
OWNER 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, OWNER and CONTRACTOR have caused this Agreement to be executed
the day and year first above written.
OWNER: City of Bremerton CONTRACTOR
(Signature) (Signature)
By By
(Printed name) (Printed name) [CORPORATE SEAL]
Attest Attest
Address for giving notices: Address for giving notices:
City of Bremerton
345 6th Street, Suite 100
Bremerton, WA 98337
License No.
Approved as to Form:
(Signature)
Agent for service of process:
City Attorney
(Title)
RESERVOIR 17 – INTERIOR COATING REPLACEMENT AGREEMENT
APRIL 2024 00500-4
AGREEMENT 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
, 2024, the following resolution was duly passed and adopted:
"RESOLVED, that , as
President
of the Corporation, be and is hereby authorized to execute the CONTRACT dated ,
2024, by and between this Corporation and City of Bremerton and that his/her execution thereof, attested
by the Secretary of the 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 , 2024.
Secretary
(SEAL)
RESERVOIR 17 – INTERIOR COATING REPLACEMENT AGREEMENT
APRIL 2024 00500-5
AGREEMENT 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
, 2024, the following resolution was duly passed and adopted:
"RESOLVED, that , as
of the Partnership,
be and is hereby authorized to execute the CONTRACT dated ,
2024, by and between this Partnership and 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 , 2024.
Partner
(SEAL)
RESERVOIR 17 – INTERIOR COATING REPLACEMENT AGREEMENT
APRIL 2024 00500-6
AGREEMENT 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
, 2024, the following resolution was duly passed and adopted:
"RESOLVED, that , as
of the Joint Venture,
be and is hereby authorized to execute the CONTRACT dated ,
2024, by and between this Joint Venture and 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 ,2024.
Managing Partner
(SEAL)
RESERVOIR 17 – INTERIOR COATING REPLACEMENT AGREEMENT
APRIL 2024 00500-7
AGREEMENT 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
, 2024, the following resolution was duly passed and adopted:
"RESOLVED, that , and
as members of the Limited Liability Company,
be and are hereby authorized to execute the CONTRACT dated ,
2024, 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 , 2024.
A Limited Liability Company
By:
Member
By:
Member
(SEAL)
THIS PAGE INTENTIONALLY LEFT BLANK
RESERVOIR 17 LOCATION MAP
SALES TAX TOTAL
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
SECOND LOW BIDDER $
THIRD LOW BIDDER $
DATE
OPENED:
RECORDED
BY:
$ENGINEER ESTIMATE (INCLUDING SALES TAX)
APPARENT LOW BIDDER $
SUMMARY
CURRENT SALES TAX RATE 9.20%
CITY OF BREMERTON
BID TABULATION
BOND BASE BID NAME OF BIDDER
OPENED BY:
5/7/2024 TIME
OPENED:
Reservoir 17- Interior Coating Replacement
Noreen Bolo
Angela HooverBID TITLE:
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: May 8, 2024
Select Funding Alternative to close design
funding gap for Warren Avenue Bridge
Project
COUNCIL MEETING Date: May 15, 2024
Department: PW&U
Presenter: T. Knuckey
Phone: (360) 473-2376
SUMMARY:
Depending on the outcome of Initiative 2117 this fall, there is an estimated budget shortfall beginning
in 2025 between $300K and $800K for design of the Warren Avenue Bridge improvements. The
attached summary outlines options to close the shortfall.
Staff recommend Alternative 1 which would reduce the chip seal program for both 2024 and 2025.
Alternative 3 would rely on REET to fund the full funding shortfall is not recommended since revenue
projections do not indicate this is feasible.
ATTACHMENTS:
1) Alternative Summary
FISCAL IMPACTS (Include Budgeted Amount): See attached Alternative Summary.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to identify Alternative ____ as the approach for the Administration to address the design
funding gap for the Warren Avenue Bridge Multimodal project.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/09/2021
A3
Item pulled
Warren Ave Bridge Design Budget Shortiall
Alternatfve Summary
May 8, 2024
The cost to design the Warren Avenue Bridge Multfmodal Improvements Project is projected to exceed
grant funds by $800K. The legislature has identffied $500K in funding to partfally close that funding gap;
however, those funds are contfngent on the outcome of Initfatfve 2117 in the November electfon. If the
initfatfve fails and the Climate Commitment Act (CCA) remains, then the City would receive the
additfonal grant funds, and the design funding gap would be $300K. If it passes, then the design funding
gap is $800K.
This memorandum offers three optfons to close the design funding gap – to be conservatfve, it is
assumed that the Initfatfve will pass, and the funding gap will be $800K.
Alternatfve 1 – the annual Pavement Preservatfon (Chip Seal) budget is $650K. This alternatfve would
reduce the 2024 Chip Seal contract from $650K to $350K (savings of $300K) to partfally offset the design
funding shortiall. If the CCA is rescinded in the fall, the 2025 Chip Seal contract would similarly be
reduced to $350K and the remaining shortiall would be made up using REET.
Note that while the 2024 budget for Chip Seal is $650K, there is only $350K remaining in the 3-year Unit
Price Contract that was executed in 2022. Should Council no prefer this alternatfve, we will bring a
Change Order for approval to increase the constructfon contract by $300K to allow the contractor to
deliver the $650K in work for 2024.
Alternatfve 2 – this alternatfve would defer all program reductfons to 2025, and likely result in
suspending all Chip Seal for 2025. Any remaining shortiall would be covered by REET.
Alternatfve 3 – fully fund the design gap using REET.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: May 8, 2024
Proposed Ordinance amending Section
2.50.032 of the Bremerton Municipal Code
entitled “Actual Salary Rate”
COUNCIL MEETING Date: May 15, 2024
Department: Legal/HR
Presenter: Charlotte Nelson
Phone: (360) 473-5926
SUMMARY: The proposed ordinance amends Section 2.50.032 of the Bremerton Municipal Code to
allow department heads to promote management/professional employees above a rate higher than
one rate above what they are currently making with the approval of the Mayor.
ATTACHMENTS:
Ordinance No. ___
FISCAL IMPACTS (Include Budgeted Amount):
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to pass Ordinance No. amending Section 2.50.032 of the Bremerton Municipal Code
entitled “Actual Salary Rate”.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/09/2021
A4
Page 1 of 3
BMC 2.50.032
Actual Salary Rate
ORDINANCE NO. ________
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Section 2.50.032 of the
Bremerton Municipal Code entitled “Actual Salary Rate.”
WHEREAS, the City Council desires to amend provisions of Section 2.50.032
relating to setting the salary rate for management and professional employees upon promotion;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 2.50.032 of the Bremerton Municipal Code entitled
"Actual Salary Rate" is hereby amended to read as follows:
2.50.032 ACTUAL SALARY RATE.
(a) Initial Rate. The salary rate of a person upon appointment to a management or
professional position shall be set no lower than Rate 1 of the salary band to which an employee’s
position is assigned. When it is in the best interest of the City, the department heads (with the
Mayor’s approval) may authorize an initial salary of a newly hired or promoted person at a rate
which exceeds Rate 1. Newly hired persons who report directly to the Mayor require the
approval of City Council when being hired at a rate which exceeds Rate 1.
(b) Salaries may be increased as follows:
(1) Salary Rate Advancement. Each person shall be eligible for a salary rate
advancement upon completion of twelve (12) full months of regular (as opposed to interim)
service at each rate in the salary band. To receive a salary rate advancement, the employee must
be evaluated as "meets expectations" (or equivalent) on his or her work performance evaluation.
Salary rate advancements shall be an increase of one (1) rate in the same salary band, if
available.
(2) Additional Advancement. Those employees who receive a rating that
exceeds the rating "meets expectations" (or equivalent) may be eligible to receive an additional
salary rate advancement for an increase of one (1) additional rate in the same salary band, if
available, above the initial rate advancement provided in subsection (b)(1) of this section. This
additional advancement shall require the recommendation of the department head, or equivalent,
and approval of the Mayor and City Council.
(3) A rate advancement that was denied may be granted following a minimum
sixty (60) day review period of the employee’s performance.
(4) Notwithstanding the above, when it is in the best interest of the City, the
City Council upon the recommendation of the Mayor may authorize an in-range adjustment to
provide additional salary in instances of promotion, to provide for internal equity corrections, or
for another reason deemed appropriate by the City Council.
(c) Changes to Employee Classifications.
(1) Downgrading an Employee’s Classification. Upon the City Council’s
approval of downgrading a person’s classification to a lower salary band, the person’s initial
Page 2 of 3
BMC 2.50.032
Actual Salary Rate
salary rate will be set at the same rate in the new band that was in effect in the former salary
band. In the event a person’s salary rate exceeds the maximum rate of the salary band to which
his or her position is assigned on the date of downgrading, his or her actual salary rate shall be
frozen until such time as the maximum rate of the new band is equal to or greater than his or her
actual salary and, at such time, the employee’s salary rate shall be set at the maximum rate of the
salary band to which his or her position is assigned.
(2) Upgrading an Employee’s Classification. If an employee’s classification is
moved from one salary band to a higher band (excluding promotions), the employee’s salary rate
at the higher band shall be set at the next rate which is higher than the salary the employee was
receiving at the former band. Any additional rate advancements shall require City Council
approval. The employee’s salary rate advancement date does not change.
(3) Promotions.
(A) In the event an employee is promoted from one
management/professional classification to a higher classification (one (1) salary band to a higher
salary band), the employee’s salary shall be set no lower than Rate 1 of the salary band to which
an employee’s position is assigned. When it is in the best interest of the City, the department
heads (with the Mayor’s approval) may authorize the rate of a promoted person at a rate which is
higher than described above.rate at the higher band shall be set at the next rate which is higher
than the salary the employee was receiving at the former band. Promoted employees shall be
eligible for a salary rate advancement upon completion of twelve (12) full moths of regular (as
opposed to interim) service at each rate in the new salary band, which shall be the employee’s
new salary rate advancement date.
(B) In the event an employee is promoted to a management/professional
classification from another employee group, excluding IAFF Bargaining Unit members, their
salary shall be set no lower than Rate 1 of the salary band to which an employee’s position is
assigned. When it is in the best interest of the City, the department heads (with the Mayor’s
approval) may authorize the rate of a promoted person at a rate which is higher than described
above. Promoted employees shall be eligible for a salary rate advancement upon completion of
twelve (12) full months of regular (as opposed to interim) service at each rate in the new salary
band, which shall be the employee’s new salary rate advancement date.
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 of the remaining portion of this ordinance and the same shall remain in full force and
effect.
SECTION 4. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the___________ day of ____________________, 20___.
Page 3 of 3
BMC 2.50.032
Actual Salary Rate
_________________________________
JENNIFER CHAMBERLIN,
Council President
Approved this ________ day of ________________________, 20___.
_________________________________
GREG WHEELER, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ _________________________________
ANGELA HOOVER, City Clerk KYLIE J. FINNELL, City Attorney
PUBLISHED the ________ day of ______________________, 20__.
EFFECTIVE the ________ day of ______________________, 20__.
ORDINANCE NO. ________.
R:\Legal\Legal\Ordinances\Human Resources\2024.04.23 Ordinance - BMC 2.50.032 - Actual Salary Rate.docx
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: May 8, 2024
Council Review of Parks & Recreation
Director Job Description
COUNCIL MEETING Date: May 15, 2024
Department: Legal/HR
Presenter: Charlotte Nelson
Phone: (360) 473-5926
SUMMARY: City Council review of the Director of Parks and Recreation job description.
ATTACHMENTS:
1. Job Description – Director of Parks & Recreation;
2. BMC Chapter 2.17 Parks and Recreation Department;
3. BMC Chapter 13.15 Parks and Recreation Commission; Added 5/6/24 12:55 PM
4. Class Specification Bulletins: City of Olympia, City of Longview, City of Marysville, and City of
Puyallup;
5. Emails from Council Members and Mayor.
FISCAL IMPACTS (Include Budgeted Amount):
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the Director of Parks and Recreation job description as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/09/2021
A5
City of Bremerton Classification Specification July 2017
DIRECTOR OF PARKS & RECREATION
Page 1 of 3
GENERAL FUNCTION
This is a professional Parks & Recreation executive management classification. Under general direction
of the Mayor, the Director of Parks & Recreation performs a variety of management, administrative and
professional work in providing and managing parks and various recreational programs and facilities.
DISTINGUISHING CHARACTERISTICS
Work consists of planning, organizing, directing, supervising and managing community parks and
recreation services by applying current professional methods and practices in conformance with
applicable statues, regulations and policies. Participates as a member of the Mayor's leadership team in
setting and supporting administrative policy and direction and communicating administrative policy and
direction internally and externally.
REPRESENTATIVE ESSENTIAL DUTIES and RESPONSIBILITIES (Note – this list is intended
only to illustrate the various types of work that may be performed. The omission of specific
statements does not exclude them from the position.)
Professional Services: Provides information, data and advice supportive to the development of policy and
legislation related to the preservation of open space, urban landscaping, parks and recreation facility
acquisition, and construction. Manages the maintenance and safe operation of parks, recreation facilities
and programs. Directs and implements recreation and community organized sports, recreation and leisure
programs of interest to various age groups and assures access to appropriate public facilities and
equipment for sports and leisure activities.
Department Operations: Directs and implements changes to department services and funding levels,
operating policies, standards, procedures and rules. Monitors budget and service contract and compliance
control systems. Establishes work methods, selects operating systems, equipment and procedures.
Prepares reports on department activity and operations.
Program Budgeting: Describes and quantifies program activity, trends and resources; establishes
objectives; justifies and presents funding requirements for department programs short and long range
resource allocation levels for personnel, services and supplies, capital equipment and facilities
acquisition, maintenance and repair for the department as a whole and for special departmental projects.
Department Organization: Establishes the internal organizational structure of the department, assigns
duties to positions, arranges for classification of positions, and obtains budget authority for funding
positions. Serves as appointing authority for all employees of the department. Supervises and/or directs
the supervision, selection, training, evaluation, discipline and discharge of department personnel.
General City Management: Responds to inquiries from officials, staff, outside agencies and the public.
Participates in policy development considerations such as setting general budget priorities, contract
negotiation strategies, capital improvement programs, etc. Participates in the activities of civic,
community, and parks and recreation organizations. Performs other assigned work which is consistent
with the responsibilities assigned to the classification and necessary to the operations of the department
and/or the City.
Other Duties
– Regular attendance is an essential requirement
– Performs related work as assigned and/or required
City of Bremerton Classification Specification July 2017
DIRECTOR OF PARKS & RECREATION
Page 2 of 3
KNOWLEDGE, SKILLS and ABILITIES (Entry Requirements)
Knowledge of:
Principles, practices, methods and technical support functions of park and recreation services;
Current professional standards applicable to open space, parks and recreation services;
Fundamental intent and basic provisions of municipal, state and federal financing mechanisms for
open space, parks and recreation services;
Techniques used for gathering, evaluating and summarizing parks and recreation department
service information in preparing budgets;
Management, personnel and ethical practices as they apply to parks and recreation department
operations.
Ability to:
Apply professional parks and recreation principles to specific service program operations;
Interpret and apply the intent and specific provisions of laws and regulatory provisions to
particular conditions and determine a course of action;
Evaluate, plan and establish a proper sequence of action for multiple functional units and
personnel to accomplish goals;
Provide verbal and written directives, information and advice to a wide variety of people and
officials;
Persuasively and ethically communicate ideas and assert a point of view in complex or
controversial situations;
Exhibit and instill in subordinates a high public service priority in contacts with the public and
others encountered in the work;
Develop and implement open space, parks, facilities and recreation operating methods which
provide a high degree of environmental and human safety;
Prepare clear, concise and comprehensive correspondence, reports, studies and other written
materials.
QUALIFYING EDUCATION and EXPERIENCE (Minimum Requirements)
Graduation from an accredited college or university with a bachelor’s degree preferably in parks and
recreation or a closely related field and seven (7) years of full-time paid experience in parks and
recreation work; at least two (2) of which involved preparing service program funding just ifications, and
at least three (3) of which involved supervisory responsibility at the senior management level; or any
combination of training, education and experience which provides the required knowledge skills and
abilities. Excellent skills in written and verbal communications, interpersonal relationships, problem
solving, as well as a customer service orientation and sound computer skills are essential.
A VALID Washington State driver’s license is required and must be obtained prior to date of appointment
or another date set by the City.
An equivalent combination of education, experience, and training sufficient to successfully perform the
essential duties of the position as listed above must be demonstrated by the applicant.
LEGAL and REGULATORY EMPLOYMENT CONDITIONS
Occupational Group: Executive Management. In addition to the essential function of administrative
head of an office or department, a person in executive management actively participates in: 1) evaluating
City of Bremerton Classification Specification July 2017
DIRECTOR OF PARKS & RECREATION
Page 3 of 3
the costs and effects of all existing operations and services; 2) devising strategies, advising, supporting
and coordinating the activity of elected officials considering issues which involve conflicting or
competing internal and external needs and resources; and 3) implementing City-wide service and
operational changes.
Fair Labor Standards Act: The position qualifies for exemption from the Fair Labor Standards Act
minimum wage and overtime provisions under the Act's Executive Employees exemptions.
Representation: This position is excluded from bargaining unit representation.
Civil Service: The classification is excluded from the City's Civil Service System.
Appointment and Removal Authority: The position is filled by Mayoral appointment pursuant to the
Bremerton City Charter Article IV Section 21 which states in relevant part: "The Mayor shall be the
administrator of the City...and shall make all appointments of administrative heads with confirmation by
the City Council." Removal is at the will of the Mayor.
This classification specification does not constitute an employment agreement between the City and
employee. It is subject to change by the City, with the approval of Human Resources, as the needs
of the City and requirements change.
Chapter 2.17
PARKS AND RECREATION DEPARTMENT
Sections:
2.17.010 DEPARTMENT CREATED.
2.17.020 PARKS DIRECTOR - POSITION CREATED AND APPOINTMENT.
2.17.030 DUTIES.
2.17.010 DEPARTMENT CREATED.
There is hereby created the Parks and Recreation Department for the purpose of performing parks and
recreation services for the City. The department shall be supervised by the parks director who shall serve
as its director, who shall have complete charge of all of the work of the department, and who shall be
responsible for hiring and supervising employees of the department. (Ord. 4810, Added, 09/14/2002)
2.17.020 PARKS DIRECTOR - POSITION CREATED AND APPOINTMENT.
There is hereby created the position known as Parks Director. The Parks Director shall be appointed by
the Mayor, subject to confirmation of the City Council, on the basis of professional experience, education
and demonstrated knowledge of accepted practices relating to the duties of the department. (Ord. 4810,
Added, 09/14/2002)
2.17.030 DUTIES.
It shall be the duty of the parks director to provide for the proper maintenance and operation of public
parks, playgrounds, recreational and golf course facilities, and Ivy Green Cemetery; and to provide
recreational programs on behalf of the City. The Parks Director shall perform such other duties as the City
Council or Mayor may direct or as may be required by law. (Ord. 4810, Added, 09/14/2002)
Chapter 13.15
PARKS AND RECREATION COMMISSION
Sections:
13.15.010 CREATED.
13.15.020 REMOVAL.
13.15.030 RULES.
13.15.040 MEETINGS AND OFFICERS.
13.15.050 POWERS AND DUTIES.
13.15.010 CREATED.
That the City of Bremerton Parks and Recreation Board shall be known as the Parks and Recreation
Commission. The Parks and Recreation Commission shall consist of seven (7) members who shall be
residents of the City of Bremerton. The appointments shall be for three (3) year terms. Members shall be
appointed for staggered terms so that two members shall be appointed for terms commencing September
30, 2001, two members shall be appointed for terms commencing September 30, 2002; and three members
shall be appointed for terms commencing September 30, 2003. The current Commission members whose
terms expire in 2001, 2002 and 2003 shall continue to serve their terms until September 29 of the year of the
expiration of their terms. The members shall serve without compensation. (Ord. 4724, Added, 12/08/2000)
13.15.020 REMOVAL.
Any member of the Commission may be removed from office with notice from the Mayor upon the formal
recommendation of the Commission for incompetence, incompatibility of office, dereliction of duty,
malfeasance in office, lack of attendance at meetings, or other good cause. Members of the Commission
may be dismissed from the Commission if they miss more than three (3) consecutive meetings, unexcused,
or any five (5) meetings within a twelve (12) month period. (Ord. 4724, Added, 12/08/2000)
13.15.030 RULES.
The Bremerton Parks and Recreation Commission shall conduct all meetings in accordance with the rules
adopted by the Commission which are designated as the Parks and Recreation Commission By-Laws. (Ord.
4724, Added, 12/08/2000)
13.15.040 MEETINGS AND OFFICERS.
The Commission, each year, shall elect its own chairperson and create and fill such other offices as it may
determine it requires. The Commission’s regular meeting shall be held at 5:30 p.m. on the fourth Tuesday of
each month, unless a change in the scheduled date or time is approved and duly noticed by the
Commission. (Ord. 4724, Added, 12/08/2000)
13.15.050 POWERS AND DUTIES.
The Parks and Recreation Commission shall serve in an advisory capacity to the City Council, the Mayor,
and the Parks and Recreation staff concerning formulation of policy and plans for development,
management, and operation of the City’s parks and recreation programs. Duties of the Commission shall
include, but not be limited to:
A. Assist with review of the Parks and Recreation budget;
B. Promote parks and recreation programs to the community;
C. Assist in the establishment of short-term and long-term goals for the future of the City’s park system,
including recreational programming and park maintenance; and
D. Monitor and assess the park system.
In its advisory capacity, the Parks and Recreation Commission may advise, make recommendations, to and
guide the Parks and Recreation Department on issues relating to recreational programming and the City’s
parks and open space system, and to assist the City in the following:
A. The development of a broad variety of programs, facilities and services to meet the needs and
demands of the community;
B. Education of the public about the importance of and need for Parks and Recreation programs, facilities
and services;
C. Enhancement of citizen involvement in the planning and development of the parks system and the
identification of local needs;
D. Establishment of an effective public relations program utilizing all appropriate communications media;
E. Long range capital improvement planning;
F. Development of a close liaison and coordination with other agencies to ensure total cooperative
community effort to provide the most effective and efficient service possible; and
G. Periodic review of the Parks and Recreation Department’s programs, facilities, services and
relationships to assure that its goals and objectives are relevant to community needs. (Ord. 4724, Added,
12/08/2000)
The Bremerton Municipal Code is current through Ordinance 5491, passed February 7, 2024.
Disclaimer: The City Clerk's Office has the official version of the Bremerton Municipal Code. Users should contact the City
Clerk's Office for ordinances passed subsequent to the ordinance cited above.
City Website: https://www.bremertonwa.gov/
City Telephone: (360) 473-5323
Code Publishing Company
From: Denise Frey <Denise.Frey@ci.bremerton.wa.us>
Sent: Tuesday, April 9, 2024 7:58 AM
To: Jennifer Chamberlin <Jennifer.Chamberlin@ci.bremerton.wa.us>
Cc: Kylie Finnell <Kylie.Finnell@ci.bremerton.wa.us>; Mike Riley <Mike.Riley@ci.bremerton.wa.us>
Subject: Fw: Notification of Retirement (Jeff Elevado)
President Chamberlin,
With this morning's news of Jeff Elevado's retirement after such a long period of service,
I'd like to make certain that the job description for the position is updated and that a
national search is conducted to find his replacement. While I know that Council is not
responsible to hiring, we ARE responsible for the approval of the job description and
salary level.
This is an exciting opportunity for our Parks and Recreation Department to evolve and
Council has a responsibility to see that it's fully taken advantage of!
Thanks as always for your leadership!
Denise Frey
Denise Frey
Council Member, District 2
Chair, Public Safety Committee
Chair, Lodging Tax Advisory Committee
Member, Public Works Committee
Bremerton City Council
(360)473-5280
denise.frey@ci.bremerton.wa.us
www.BremertonWA.gov
From: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us>
Sent: Monday, April 22, 2024 12:26 PM
To: Charlotte Nelson <Charlotte.Nelson@ci.bremerton.wa.us>; Kylie Finnell
<Kylie.Finnell@ci.bremerton.wa.us>
Subject: RE: Proposed changes to Parks Director Job Description
Experience selecting, installing, and maintaining PNW native, drought-tolerant trees,
shrubs, and plants would definitely limit our search to the Pacific Northwest Puget
Sound Region.
Updated 2/20/24 - visit pdc.wa.gov for most current information 1
Guidelines for Local Officials and Employees Who Engage in Election Campaigns
•10 Basic Principles •
This document is an expression of the Commission's view of the meaning of RCW 42.17A.555 and relevant rules and case law. It is
intended to provide guidance regarding the Commission's approach and interpretation of how the statutory prohibition on the use of
public facilities for campaigns impacts activities that may be contemplated by government employees and other s who may seek to
utilize those public facilities. Readers are strongly encouraged to review the statute and rules referenced in these
guidelines.
The PDC urges agencies to review the guidelines in their entirety, and to consult with their own legal counsel and
with the PDC. For additional information, visit www.pdc.wa.gov or use your phone’s camera to scan the QR code.
1.Public facilities may not be used to support or oppose a candidate or ballot proposition. RCW 42.17A.555. Facilities include local
government agency equipment, buildings, supplies, employee work time, and agency publications. The statute includes an
exception to the prohibition for "activities which are part of the normal and regular conduct of the office or agency." (See page 3
for definition of “normal and regular.”)
2.The Public Disclosure Commission holds that it is not only the right, but the responsibility of local government to inform the
general public of the operational and maintenance issues facing local agencies. This includes informing the community of the
needs of the agency that the community may not realize exist. Local governments may expend funds for this purpose provided
that the preparation and distribution of information is not for the purpose of influencing the outcome of an election.
3.Public employees do not forfeit their rights to engage in political activity because of their employment. Neither may agency
employees be subjected to coercion, pressure, or undue influence to participate in political activity or to take a particular position.
Public officials and employees should make it clear that any participation is personal rather than officially sponsored.
4.Supervisory personnel have a duty to know, apply, and communicate to their staffs the difference between acceptable informati on
activities and inappropriate promotional activities in support of local government ballot measures.
B2
Updated 2/20/24 - visit pdc.wa.gov for most current information 2
5. Local elected officials are free to support agency ballot issues and engage in other political activities as long as such acti vities do
not make use of government facilities, time or resources and do not either pressure or condone employees' use of agency
facilities, time or resources to support ballot issues.
6. The PDC is charged with enforcing RCW 42.17A.555. This requires consideration and analysis of activities, which may or may not
be determined to be in violation of the statute. The PDC has, over the years, developed methods of considering and analyzing
activities engaged in by public offices. Among the factors considered are the normal and regular conduct and the timing, tone, and
tenor of activities in relation to ballot measure elections. As in any matter where intent is to be considered, hard and fast rules,
which will be applicable to all situations, are difficult to establish.
The combination of a number of activities into a coordinated campaign involving close coordination between agency activities and
citizens' committee activities which closely resembles traditional election campaign activities and which is targeted at and/or
occurs close in time to a ballot measure election is likely to draw close scrutiny and careful consideration by the PDC as to whether
a violation has occurred.
7. a. Historically, the PDC has routinely advised and held that with respect to election -related publications, one jurisdiction-wide
objective and fair presentation of the facts per ballot measure is appropriate.
In addition, if an agency* has also customarily distributed this information through means other than a jurisdiction -wide mailing
(e.g. regularly scheduled newsletter, website, bilingual documents, or other format), that conduct has also been permitted un der
RCW 42.17A.555 so long as the activity has been normal and regular for the government agency.
b. The PDC will presume that every agency may distribute throughout its jurisdiction an objective and fair presentation of the facts
for each ballot measure. If the agency distributes more than this jurisdiction -wide single publication, the agency must be able to
demonstrate to the PDC that this conduct is normal and regular for that agency. In other words, the agency must be able to
demonstrate that for other major policy issues facing the government jurisdiction, the agency has customarily communicated wi th
its residents in a manner similar to that undertaken for the ballot me asure.
Updated 2/20/24 - visit pdc.wa.gov for most current information 3
c. Agencies are urged to read the definitions of "normal and regular" at WAC 390-05-271 and WAC 390-05-273. Agencies need to
be aware, however, that in no case will the PDC view a marketing or sales effort related to a campaign or election as normal
and regular conduct.
8. The PDC attributes publications or other informational activity of a department or subdivision as the product of the local agency
as a whole.
9. Providing an objective and fair presentation of facts to the public of ballot measures that directly impact a jurisdiction's
maintenance and operation, even though the measure is not offered by the jurisdiction, may be considered part of the normal
and regular conduct of the local agency. The agency must be able to demonstrate that for other major policy issues facing the
jurisdiction, the agency has customarily communicated with its residents in a manner similar to that undertaken for the ballo t
measure.
10. State law provides certain exemptions from the prohibition on the use of public office or agency facilities in campaigns for an
elected legislative body, an elected board, council or commission of a special purpose district, and elected officials that a re not
afforded appointed officials. RCW 42.17A.555 (1) and (2) apply only to these elected bodies and elected officials.**
*Agency means any county, city, town, port district, special district, or other state political subdivision.
**See Chapter 215, Laws of 2006 and AGO 2005 No. 4.
Definition of Normal and Regular Conduct WAC 390-05-273
Normal and regular conduct of a public office or agency, as that term is used in the proviso to RCW 42.17A.555, means conduct
which is (1) lawful, i.e., specifically authorized, either expressly or by necessary implication, in an appropriate enactment , and (2)
usual, i.e., not effected or authorized in or by some extraordinary means or manner. No local office or agency may authorize a use of
public facilities for the purpose of assisting a candidate's campaign or promoting or opposing a ballot proposition, in the a bsence of a
constitutional, charter, or statutory provision separately authorizing such use.
Updated 2/20/24 - visit pdc.wa.gov for most current information 4
Guidelines for Local Officials and Employees Who Engage in Election Campaigns
• Chart by Group Category •
The categories of persons identified below identify groups more likely to consider undertaking the activity mentioned in the adjacent
columns. If an activity is described as "Permitted," it is viewed as permitted for all agency personnel otherwise having the authority
under law or agency policy to undertake that action, not just the persons identified in the chart. The same approach is applied to the
"Not Permitted" column. The remarks in the chart's "General Considerations" column have relevance for the entire section.
Group Permitted (May…) Not Permitted (Shall not…)
Administrators (City
Manager, PUD Manager,
Fire Chief, etc.)
• Inform staff during non-work hours of
opportunities to participate in campaign activities
• Communicate to staff the difference between
acceptable and unacceptable activities related to
a ballot measure
• In the course of normal publications for the
agency, distribute an objective and fair
presentation of the facts based on and expanded
upon the information prepared by the agency in
accordance with the normal and regular conduct
of the agency
• Speak at community forums and clubs to present
factual and objective information on a ballot
measure during regular work hours
• Encourage staff and members of the public to
vote, as long as such encouragement routinely
occurs for other elections
• Respond to questions regarding a ballot measure
if such activity is consistent with his or her normal
and regular duties
• Pressure or coerce employees to participate in
campaign activities
• Use internal memoranda solely for the purpose of
informing employees of meetings supporting or
opposing ballot measures
• Coordinate informational activities with campaign
efforts, in a manner that makes the agency appear
to be supporting or opposing a ballot measure
• Use public resources to operate a speakers'
bureau in a manner that may be viewed as
promoting a ballot measure
Updated 2/20/24 - visit pdc.wa.gov for most current information 5
Group Permitted (May…) Not Permitted (Shall not…)
• Wear campaign buttons or similar items while on
the job if the agency's policy generally permits
employees to wear political buttons
• Engage in campaign activities on their own time,
during non-work hours and without using public
resources
Community Groups • Use agency facilities for meetings supporting or
opposing a ballot measure to the extent that the
facilities are made available on an equal access,
nondiscrimina-tory basis, and it is part of the
normal and regular activity of the jurisdiction
• Use agency facilities to produce materials that
support or oppose a ballot measure
Local Elected Legislative
Body
• Collectively vote to support or oppose a ballot
measure at a properly noticed public meeting,
where opponents of the measure are given an
equal opportunity to express views
• Pressure or coerce agency management to
participate in campaign activities
• Explicitly include passage of a ballot measure in
the agency's annual goals
Local Elected Officials • Engage in political activities on his or her own
time, if no public equipment, vehicle or facility is
used (An elected official may use their title but
should clarify that they are speaking on their own
behalf, and not on behalf of the agency. If the
elected legislative body has adopted a resolution,
the official can then speak on behalf of the
agency.)
• Attend any function or event at any time during
the day and voice their opinion about a candidate
or ballot proposition as long as they are not being
compensated and are not using any public
equipment, vehicle or other facility
• Direct agency staff to perform tasks to support or
oppose campaign activities or ballot measures
• Use public facilities or resources to engage in
political activities
Appointed Officials • Engage in political activities on his or her own
time, if no public equipment, vehicle or facility is
• Direct agency staff to perform tasks to support or
oppose campaign activities or ballot measures
Updated 2/20/24 - visit pdc.wa.gov for most current information 6
Group Permitted (May…) Not Permitted (Shall not…)
used (they may use their title, but should clarify
that they are speaking on their own behalf, and
not on behalf of the agency)
• Attend any function or event at any time during
the day and voice their opinion about a candidate
or ballot proposition as long as they are not being
compensated and are not using any public
equipment, vehicle or other facility
• Use public facilities or resources to engage in
political activities
• Use public facilities to express a collective decision
or actually vote upon a motion or resolution to
support or oppose a ballot proposition
• Use public facilities to make a statement at a press
conference or responding to an inquiry in support
or opposition to any ballot proposition
Management Staff or
Designees
• Speak at community forums and clubs to present
an objective and fair presentation of the facts on a
ballot measure during regular work hours
• Participate in campaign activities, including
meeting with citizens' campaign committees to
plan strategies, during non-work hours and
without the use of public resources
• Inform staff during non-work hours of
opportunities to participate in campaign activities
• Respond to questions regarding a ballot measure
if such activity is consistent with his or her normal
and regular duties
• Wear campaign buttons or similar items while on
the job if the agency's policy generally permits
employees to wear political buttons
• Place window signs or bumper stickers on their
privately owned cars, even if those cars are parked
on government property during working hours
• Communicate to staff the difference between
acceptable and unacceptable activities related to
a ballot measure
• Use public resources to operate a speakers'
bureau in a manner that may be viewed as
promoting a ballot measure
• Use public resources to promote or defeat a
candidate or ballot measure
• Pressure or coerce employees to participate in
campaign activities
• Use agency resources to organize the distribution
of campaign materials
Updated 2/20/24 - visit pdc.wa.gov for most current information 7
Group Permitted (May…) Not Permitted (Shall not…)
• Encourage staff and members of the public to
vote, as long as such encouragement routinely
occurs for other elections
Agency Employees • Speak at community forums and clubs to present
an objective and fair presentation of the facts on a
ballot measure during regular work hours
• Inform staff during non-work hours of
opportunities to participate in campaign activities
• Engage in campaign activities on their own time,
during non-work hours and without using public
resources
• Respond to questions regarding a ballot measure
if such activity is consistent with his or her normal
and regular duties
• Wear campaign buttons or similar items while on
the job if the agency's policy generally allows
employees to wear political buttons
• During non-work hours, make available campaign
materials to employees in lunchrooms and break
rooms that are used only by staff or other
authorized individuals
• Place window signs or bumper stickers on their
cars, even if those cars are parked on government
agency property during working hours
• Encourage staff and members of the public to
vote, as long as such encouragement routinely
occurs for other elections
• Use work hours or public resources to promote or
oppose a candidate or ballot measure (such as
gathering signatures, distributing campaign
materials, arranging speaking engagements,
coordinating phone banks, or fundraising)
• Pressure or coerce other employees to participate
in campaign activities
• Use agency resources to organize the distribution
of campaign materials
Union Representatives • During non-work hours, make available campaign
materials to union members in lunchrooms and
• Use the agency's internal mail or email system to
communicate campaign-related information,
including endorsements
Updated 2/20/24 - visit pdc.wa.gov for most current information 8
Group Permitted (May…) Not Permitted (Shall not…)
break rooms that are used only by staff or other
authorized individuals
• Distribute campaign materials at union-sponsored
meetings
• Post campaign materials on a bulletin board, if
such a board is in an area that is not accessible to
the general public and if such activity is consistent
with the agency's policy and the collective
bargaining agreements
• Distribute promotional materials in public areas
Updated 2/20/24 - visit pdc.wa.gov for most current information 9
Guidelines for Local Government Agencies in Election Campaigns
• Chart by Tool Category •
Public facilities may not be used to support or oppose a candidate or ballot proposition. RCW 42.17A.555. Facilities include local
government agency equipment, buildings, supplies, employee work time, and agency publications. The statute includes an exception
to the prohibition for "activities which are part of the normal and regular conduct of the office or agency."
The Public Disclosure Commission holds that it is not only the right, but the responsibility of local government to inform th e general
public of the operational and maintenance issues facing local agencies. This includes informing the community of the needs of the
agency that the community may not realize exist. Local governments may expend funds for this purpose provided that the
preparation and distribution of information is not for the purpose of influencing the outcome of an election.
Guidance around use of common communication tools is summarized below. For a full list, visit www.pdc.wa.gov
or use your phone’s camera to scan the QR code.
Tool Permitted Not Permitted
Agency Publications
(Specific to Elections)
• Agencies may develop an objective and fair
presentation of the facts regarding agency needs
and the anticipated impact of a ballot measure
and may distribute it in the agency's customary
manner. This information may be printed in
various languages and communicated in other
formats as required by the ADA.
• In the course of regular publications for the
agency, the agency may distribute an objective
and fair presentation of the facts for each ballot
measure in accordance with the normal and
regular conduct of the agency.
• Agencies shall not distribute election-related
information in a manner that targets specific
subgroups. Targeting does not refer to mailing
information to agency constituencies such as
community leaders, or some other group, or to
the agency's regular distribution list to provide
information in a manner that is consistent with
the normal and regular conduct of the agency.
• Agencies shall not publicize information
supporting or opposing a candidate or ballot
measure.
Updated 2/20/24 - visit pdc.wa.gov for most current information 10
Tool Permitted Not Permitted
Agency Publications
(Regular)
• Agencies may include all or part of the
information regarding agency needs and the
anticipated impacts of a ballot measure in the
agency's regular publications, such as agency and
department newsletters. (For example, a
department newsletter may specifically describe
the projects and/or programs planned for that
department.)
• Agencies may inform staff and/or others of
community meetings related to ballot measures if
other such information is normally published in a
newsletter or community calendar, and if both
those supporting or opposing a ballot measure
have the opportunity to appear on the calendar or
in the newsletter.
• Agencies may factually report jurisdictional
support for a ballot measure, so long as it is the
normal and regular conduct for the agency. (For
example, a community newsletter that ordinarily
reports on governmental actions may report that
the jurisdiction adopted a resolution supporting a
ballot measure.)
• Agencies may thank citizens for their support after
an election in agency publications.
• Agencies shall not use internal memoranda or
other agency publications to encourage
employees to participate in campaign activities.
• Agencies shall not publish materials supporting or
opposing a candidate or ballot measure.
Equipment and Supplies • Agency employees, in the course of their
employment, may use equipment to make an
objective and fair presentation of the facts at
community forums and clubs.
• Agency employees, in the course of their
employment, may produce information that is an
• Public resources (including but not limited to
internal mail systems, email systems, copiers,
telephone) shall not be used to support or oppose
a candidate or ballot measure, whether during or
outside of work hours.
Updated 2/20/24 - visit pdc.wa.gov for most current information 11
Tool Permitted Not Permitted
objective and fair presentation of the facts using
public resources.
• Citizens' campaign committees and other
community groups shall not use agency
equipment (including but not limited to internal
mail systems, projectors, computers, and copiers)
to prepare materials for meetings regarding ballot
measures.
Technology (Websites,
Calling Systems, etc.)
• An agency may develop an objective and fair
presentation of the facts and post that
information on its website, including information
regarding agency needs and the anticipated
impacts of a ballot measure. This information
may be reformatted so that it is consistent with
the manner in which the agency customarily
presents information on its website.
• Agency websites may permit viewers to make
selections to learn about the anticipated impacts
of a ballot measure for a specific division, or
otherwise allow readers to explore issues in
greater or lesser detail.
• Agencies may update the information on their
websites in a manner that is customary for the
agency.
• Staff may respond to inquiries regarding a ballot
measure in an objective and fair manner, via email
or by telephone, if it is part of their normal and
regular duties.
• Agency computers, email systems, telephones,
and other information technology systems shall
not be used to aid a campaign for or against a
candidate or ballot measure.
• Electronic communication systems shall not be
used to generate or forward information that
supports or opposes a candidate or ballot
measure.
• Agency websites shall not be used for the
purposes of supporting or opposing a candidate or
ballot measure.
Reader Boards and
Posters
• Information encouraging staff and members of the
public to vote, or providing the dates of upcoming
elections such as "vote on February ___", may be
posted, as long as such encouragement is
• Agencies shall not display a "Vote for "." sign or
other promotional messages on reader boards or
posters.
Updated 2/20/24 - visit pdc.wa.gov for most current information 12
Tool Permitted Not Permitted
customarily posted for elections other than just an
agency's ballot measure.
• Agencies may thank citizens on their reader
boards for their support after an election.
• May post objective and fair information at an
agency or at a future site regarding anticipated
improvements to be funded by a ballot measure
that is specific to that agency or site.
• Signs advocating for or against candidates or
ballot measures shall not be posted on agency
property in any area accessible to the general
public.
• Publicly owned vehicles shall not be used to carry
or display political material.
Meeting Facilities • Agency meeting facilities, including audio visual
equipment, may be used by campaign committees
for activities on the same terms and conditions
available to other community groups, subject to
the provisions of the agency's policy.
• Use of agency meeting facilities is permitted when
the facility is merely a "neutral forum" where the
activity is taking place, and the public agency in
charge of the facility is not actively endorsing or
supporting the activity that is occurring.
Lists • Lists of names (such as agency vendors or
customers) that an agency has obtained or
created in the course of transacting its regular
public business are subject to public disclosure
requirements; thus, unless otherwise exempt, the
lists must be released subject to public records
requests.
• Agencies may charge a pre-established fee to
cover the costs of providing copies of such lists on
an equal access, nondiscriminatory basis.
• Agencies shall not sell copies of such lists (though
they may charge a pre-established fee to recover
the costs of providing copies of the lists).
• If a list is generally available as a public record, it
cannot be denied to a person or group on the
grounds that it might be used in a campaign.
Updated 2/20/24 - visit pdc.wa.gov for most current information 13
Agency Calendars • Agency officials, appointees and employees may
place on their individual agency calendar the basic
information that they are scheduled to be out of
the office to attend campaign events. They may
synchronize their personal electronic calendars
with agency electronic calendars if only basic
information gets placed on the agency calendar
about campaign events.
• Agency officials, appointees and employees may
respond to public inquiries, including from
campaigns, about the employee's, appointee's or
official's availability on their schedule to attend a
campaign event.
• A supervising employee, appointee or official may
request their scheduling staff to block out time on
the supervising employee's, appointee's or
official's calendar for campaign events.
• A scheduling assistant may receive information
and block out time on the supervising employee's,
appointee's or official's individual calendar for
campaign events, as directed by that person.
• A scheduling assistant may respond to public
inquiries, including from campaigns, about the
supervising employee's, appointee's or official's
availability to attend a campaign event.
• Agencies may inform staff and others of
community meetings related to ballot measures if
other such information is normally published in a
community calendar, and if both those supporting
or opposing a ballot measure have the
opportunity to appear on the calendar.
• Agency officials, appointees and employees shall
not use, nor direct their staff to use, public
facilities or resources to arrange or plan campaign
activities, or to assist with a campaign activity.
Arranging details of the official's, appointee's or
employee's appearance or participation in the
campaign activity such as travel logistics, tickets,
invitations to other participants, or agenda while
at the event, are not permitted. Communicating
about the individual's interest and/or potential for
participating in planned or possible future
campaign events or activities, including
endorsement interviews, are not permitted. Those
activities must use campaign resources and staff,
not public agency resources and staff.
• Agency officials, appointees and employees shall
not place their individual campaign-related events
on agency-wide distributed calendars such as
monthly calendars of agency events, or regularly
scheduled newsletters with agency events
provided or distributed to staff or the public.
B2
Supporting/Opposing Ballot Measures and
Candidates
August 17, 2022 by MRSC Insight
During election season local government staff and elected officials often contact MRSC with
questions about supporting or opposing ballot issues or candidates for office. What can be
done and what cannot? One statute that provides the answer to all of these questions, as
well as many others, is RCW 42.17A.555, which states in part:
No elective official nor any employee of his or her office nor any person appointed to or
employed by any public office or agency may use or authorize the use of any of the facilities
of a public office or agency, directly or indirectly, for the purpose of assisting a campaign
for election of any person to any office or for the promotion of or opposition to any ballot
proposition.
The prohibitions against using public facilities for campaign purposes have been crafted to
respect free speech rights in the political process and provide options for elected officials
and agency staff to inform the public.
This blog addresses questions local governments often have when it comes to supporting or
opposing ballot measures and candidates for public office.
Common Questions Regarding Candidates
As an elected (or appointed) official, what can I do to support of a candidate for
office?
An elected/appointed official may write a letter or record a video/write a social media post
or sign an endorsement in support of a candidate. You may even use your title, but it must
be clear that this is your personal opinion and not made on behalf of the governing body
that you serve on.
Also, regardless of how you express your support be sure that you don’t use government
resources (including office equipment, facilities, social media channels webpage, or staff
time), as that is prohibited in RCW 42.17A.555.
May a local government host a candidates’ night in a council or commissioners
chambers or other room?
Yes, such a forum would be alright if it's a “neutral forum” where all the candidates are
allowed to participate and the public agency is not actively offering endorsement or support
to any one candidate.
May uniforms be used in a candidate brochure or advertisement?
It depends. According to the PDC:
Agency employees and campaigns may use uniforms that are not the property of the
agency and are rented or purchased with non-public funds (such as campaign funds), to
assist campaigns including to support or oppose ballot propositions.
Common Questions Regarding Ballot Measures
How may an elected or appointed official support or oppose a ballot measure?
As long as an elected/appointed official (or local government employee) is not using agency
resources, they can support or oppose a ballot proposition, give money in support or
opposition of the proposition, and be involved in campaigns.
In enacting the prohibitions that are in RCW 42.17A.555, the legislature affirmed that
Washington State has a longstanding policy of promoting informed public discussion
regarding proposed ballot measures. Elected/appointed officials and agency staff have an
important voice in that discussion.
Here are some specific circumstances MRSC consultants have been asked about in the past:
Making a statement in support of or in opposition to a ballot proposition at an open
press conference or in response to a specific inquiry: Approved, as long as it is clear
the support is not made on behalf of the local government they represent, and the
press conference is not held in a public facility or otherwise uses public resources.
Having the official (and their title) listed on advertisements, such as a privately
funded mailer in support of/opposition to a ballot proposition: Approved, but the
mailer should include a footnote that the title is provided for identification purposes
only.
How may a governing body support or oppose a ballot measure?
RCW 42.17A.555 allows a legislative body to express support or opposition if its meeting
notice includes the title and number of the ballot proposition, and if those who have an
opposing view are afforded an approximately equal opportunity to express their opinions.
The governing body is free to adopt a resolution supporting or opposing a ballot
proposition; make facilities available on a nondiscriminatory; equal access basis for political
purposes; and/or make an objective and fair presentation of the facts relevant to a ballot
proposition if such an action is part of the normal and regular conduct of the agency. See,
e.g., WAC 390-05-271 (general applications of RCW 42.17A.555) and WAC 390-05-
273 (definition of normal and regular conduct).
May a local government allow photographs of agency facilities or grounds to be
included in advertisements?
An advertisement could include a photo or image of agency facilities or grounds if the
photo/image was obtained from a Public Records Act (PRA) request or is otherwise available
to the public (e.g., downloaded from a website, etc).
A good rule of thumb on these issues is to consider public perception. Will anyone viewing
this advertisement think agency facilities or resources were used? To address such
concerns, real or perceived, the advertisement could include a footnote noting how the
photo or image was obtained (e.g., publicly available or through a PRA request), though
such a footnote is not a requirement.
May a local government allow candidates, ballot sponsors, or ballot opponents to
place campaign materials in a government building?
Probably, as long as there is a policy setting aside an area where election campaign
brochures and related materials are made available to the public. Additionally, all candidates
or competing sides of a ballot issue must be allowed to place their literature at that location
and the agency should not provide an advantage to any particular candidate or position.
The practice, if routinely allowed, could be considered “normal and regular conduct,” a
recognized exception to RCW 42.17A.555.
May a local government prepare a fact sheet on a ballot issue?
A local government may prepare such a sheet as long as it is an objective and fair
presentation of the facts of the ballot measure, and if creating a fact sheet would be part of
the agency’s normal and regular communications. Other information may be provided, for
example through a newsletter or website, if the information is fair and objective and if the
manner in which the local government shares the information is a normal, regular, and
customary means of providing information to the public.
A recommended approach for an agency in preparing a fact sheet is to:
1. Determine the set of objective facts applicable to the issue that voters need to know;
2. Determine what the agency does as part of its normal and regular conduct in
communicating with its constituency (e.g., sending out regular newsletters on
substantive issues, creating webpages, etc.); and
3. Ensure the content of the fact sheet is not promotional (i.e., it does not support or
oppose the issue).
Additional Resources
The Public Disclosure Commission (PDC) is an excellent resource that helps local
governments, staff, and elected/appointed officials operate within the constraints of these
laws. If you question whether an informational brochure is objective and fair or whether the
proposed use of a facility or government resource is appropriate, the PDC can provide
answers. The key is to contact the PDC before undertaking a particular action.
MRSC staff have written on a variety of election-related topics, from campaign buttons to
pandemic-related considerations and more. MRSC also maintains a webpage on the use of
public facilities in campaigns, and, of course, you can always reach out for tailored guidance
from one of our legal, financial, or policy consultants.
MRSC is a private nonprofit organization serving local governments in Washington State.
Eligible government agencies in Washington State may use our free, one-on-one Ask MRSC
service to get answers to legal, policy, or financial questions.
C1
Original Handout submitted by
Council Member Mockler, reviewed
at April 24, 2024 Study Session
[PLACEHOLDER until UPDATE is received]
FAQ – How Do I ...?
Report an Emergency? Dial 911
Report a Non-Emergency Issue of Concern? Bremerton1
Vandalism. Flooding. Pothole. Abandoned vehicle. Encampment. For these and other non-emergency
issues, email Bremerton1@bremertonwa.gov or download the Bremerton1 app here:
https://bremerton1.bremertonwa.gov/
Find out if I live inside Bremerton City Limits?
Many Bremerton mailing addresses are actually in unincorporated Kitsap County.
https://cobgis.bremertonwa.gov/wab/Council%20Districts/
Contact my City Councilor?
https://www.bremertonwa.gov/635/Council-Districts Click on the photo of your Councilor to learn
more about them, including email address.
Find out who’s doing what, where, and when on streets and other infrastructure ?
https://www.bremertonwa.gov/404/Projects
Look up property information, like owner, critical area designation, etc.?
https://psearch.kitsap.gov/psearch/
Find out who’s planning or building what and where?
You can learn about the permit application and the 14-day comment period from notices in the
Kitsap Sun, from the Notify Me webpage https://www.bremertonwa.gov/list.aspx, or from a mailed
notice sent to households less than 300 feet away. A few permit applications that aren't Type I are
posted with a notice board on-site, visible from the street.
You then call the Staff Planner listed on the notice. When you reach the Planner, you ask about
permit application by Parcel # and the File #.
The Planner will tell you when the DCD counter at Norm Dicks is open to look at the site plans and all
other permit application materials. Or you can request these materials be emailed to you (typically
very large files). Land use legal notices currently in the comment period are also posted on the DCD
webpage here.
After you review the materials, you provide comment. You can ask to see other public comments and
project plans. A list of public comments are provided with the Staff Report decision that is provided
to all interested parties, including those that commented on the permit. City staff and the applicant
separately review public comments. If a public comment is related t o items within the City’s review
authority (traffic, utilities, allowed uses, etc.) those comments are analyzed by staff members
specializing in those specific disciplines for resolution. At their discretion, the applicant may choose
to alter proposed plans for items that are outside the city review authority.
Our permit processes are provided in the municipal code per BMC 20.02.
(Adapted from 8 Sept 23 email between AM and DCD; not yet reviewed by DCD 21Mar24)
Page 1 of 2
Resolve Conflict with Neighbors?
• For noise complaints and violent harassment, dial 911.
• For non-violent harassment, Bremerton1.
• Bremerton’s Chronic Nuisance Property Ordinance can help with neighbors who rent by
working with their landlords to resolve the issue.
https://www.bremertonwa.gov/339/Chronic-Nuisance-Property-Ordinance
UTILITIES – How Do I ...?
Report a missed Waste Management pickup, change service, etc.?
800.592.9995 or wm.com/MyWM
Learn more about water, wastewater, and stormwater bills and services?
https://www.bremertonwa.gov/524/Utility-Billing
Apply for low-income senior or disabled reduction on water bills?
Details of eligibility and how to apply here: https://www.bremertonwa.gov/576/Low-Income-
Programs
Apply for low-income senior or disabled exemption or deferral on property taxes?
https://www.kitsap.gov/assessor/Pages/SeniorDisabledExemptionDeferral.aspx
Possible links to add, per Jeff & Anna 20 Mar:
Business licensing
Animal licensing
Where was my car towed to?
Outdoor burning
Page 2 of 2
From: City Council <City.Council@ci.bremerton.wa.us>
Sent: Friday, May 3, 2024 1:56 PM
To: City Council <City.Council@ci.bremerton.wa.us>
Cc: Mike Riley <Mike.Riley@ci.bremerton.wa.us>; Kelsie Donleycot <Kelsie.Donleycot@ci.bremerton.wa.us>;
Dave Sorensen <Dave.Sorensen@ci.bremerton.wa.us>; Kylie Finnell <Kylie.Finnell@ci.bremerton.wa.us>
Subject: FW: New Reply Received - May 8 , Item C1
Kelsie, thank you for this valuable input to the proposed [Constituents FAQ Links] , which I will share with the
Council Members for their advanced review and consideration, and to aid in the discussion during the May 8
Study Session.
Attn: Attn: Council Members (FYI)
** For informational purposes only. Please do not reply to this email **
From: Kelsie Donleycott
Sent: Friday, May 3, 2024 12:49 PM
To: City Council <City.Council@ci.bremerton.wa.us>
Cc: Mike Riley <Mike.Riley@ci.bremerton.wa.us>; Dave Sorensen <Dave.Sorensen@ci.bremerton.wa.us>
Subject: Re: New Reply Received - May 8 - City Council Study Session Notice & Agenda
I reviewed the handout and noted the following:
• Page 1 under the "Find out who’s planning or building what and where?" question, notices are not
generally sent via Notify Me regarding permit applications or 14-day comment periods. I believe this
information is posted on the Land Use Legal Notices webpage, which is referenced in the third
paragraph of this question.
o You may want to remove: "from the Notify Me webpage
https://www.bremertonwa.gov/list.aspx,"
o You may want to add the following within the "FAQ - How Do I...?" section":
Sign-up to receive alerts and news from the city?
https://www.bremertonwa.gov/alerts
• In addition to Bremerton1, Bremerton Police Department also has an Online Reporting System.
• The Utilities FAQs may have information to include: https://www.bremertonwa.gov/Faq.aspx?TID=16
• For the "Possible Links to Add" the following may be helpful:
o Animal Licenses
o Tax & License or Business Licenses
o Parking Enforcement
o Outdoor Burning FAQs (PDF)
Please let me know if I can provide further information.
Thank you,
Kelsie