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10/12/2010 - Regular - Packet
/ W X 1+I � I "'� City Council Meeting Agenda October 12, 2010 CITY OF PORT ORCHARD 7: 00 p.m. Mayor: Lary Coppola Administrative Official 1. CALL TO ORDER A. Pledge of Allegiance Councilmembers: Fred Chang Chair: LTAC 2. CITIZENS COMMENTS Staff: Clerk's Office Economic Dev/Tourism Committee Please limit your comments to 3 minutes for items not up for Public Hearing. When Public Property Committee recognized by the Mayor, please state your name and address for the official record Jerry Childs (please complete the sign -in sheet located in the hallway). Chair: Economic Dev/Tourism Committee 3. APPROVAL OF AGENDA Staff: Clerk's Office Finance Committee John Clauson 4• CONSENT AGENDA Chair: Finance Committee (Approval of Consent Agenda passes all routine items listed below, which have been Stage City Treasurer distributed to each Councilmember for reading and study. Consent Agenda items are not Utilities/SAC Committee considered separately unless a Councilmember so requests. In the event of such a request, Kitsap County Health the item is returned to Business Items.) Jim Colebank A. Approval of Claim Warrants and Payroll Economic Dev/Tourism Committee KRCC/PSRC/KEDA/PRTPO Work Stud Session Minutes P er B. Approval of the Se temb21, 2010, y C. Approval of the September 28, 2010, Council Meeting Minutes Fred Olin Chair: Public Property Committee D. Adoption of Ordinance No. 021-1o, Re -Adopting the 2009 Staff. Planning Department Comprehensive Sanitary Sewer Plan Update as Approved by the Utilities/SAC Committee Washington State Department of Ecology (Dorsey) Carolyn Powers Public Property Committee E. Approval of Public Event Application: Festival of Chimes and Lights KRCC/TransPol (Kirkpatrick) Rob Putaansuu Chair: Utilities Committee 5, PRESENTATION Staff: Public Works Department Finance Committee A. Employee of the Fourth Quarter (Mayor) Mtsap Housing Authority SAC Committee 6. PUBLIC HEARING Department Director: Patti Kirkpatrick, CMC Administrative Services 7. BUSINESS ITEMS City Clerk A. Adoption of Resolution No. 034-10, Repealing Resolution No. 1872 Allan Martin and Establishing Revised Personnel Policies for Union and Non - City Treasurer Union Represented Employees Classified as FLSA Executive Exempt Debbie Hunt Court Administrator and Not Exempt (Howard) B. Approval of Change Order No. 1 to Contract No. 031-09, for the Bay James Weaver Development Director Street Seawall Safety Upgrade Repairs with N.L. Olson and Associates, Inc. (Dorsey) Al Townsend Police Chief C. Approval of Change Order No. 1 to Contract No. 026-1o, With Mark Dorsey, P.E. Henderson Partners, LLC for the Bay Street Seawall Safety Upgrade Public Works Director Repairs (Dorsey) City Engineer D. Approval of Contract No. o62-1o, Authorizing the Mayor to Execute Contact us: an Agreement for Telephone Service with Qwest Communications 216 Prospect Street Port Orchard, WA 98366 (Kirkpatrick) (36o) 876-4407 Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required Meeting materials are available on the City's website at: www.citofportorchard.us or by contacting the City Clerk's office, 36o.876.4407 October 12, 2010, Meeting Agenda Page i of 2 8. REPORTS OF COUNCIL COMMITTEES 9. REPORT OF MAYOR lo. REPORT OF DEPARTMENT DIRECTORS A. Update: Tremont Corridor (Dorsey) B. Update: Annexations (Weaver) 11. CITIZEN COMMENTS (Please limit your comments to 3 minutes for items not up for Public Hearing. When recognized by the Mayor, please state your name and address for the official record. It is asked that you do not speak on the same matter twice.) 12. EXECUTIVE SESSION: Pursuant to RCW 42.30.11o, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 13. ADJOURNMENT COMMITTEE MEETINGS Date & Time Location Finance Committee Budget Meeting October 13, 2010 City Hall 6:30 p.m. Budget Meeting w/Dept. Directors November 5, 2010 City Hall 8:00 a.m. to 4:30 p.m. Budget Meeting November 10, 2010 City Hall 6:30 p.m. Budget Meeting November 12, 2010 City Hall 7:30 a.m. Tourism Committee October 13, 2010 City Hall 5:30 p.m. Utilities Committee October 15, 2010 Myhre's 7:30 a.m. Sewer Advisory Committee (SAC) October 20, 2010 S.K.W.R.F. 6:30 p.m. Public Property Committee October 12, 2010 Myhre's 7:30 a.m. Work Study Session October 19, 2010 City Hall 7:00 p.m. Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office, 36o.876.4407 October 12, 2010, Meeting Agenda Page 2 of 2 City of Port Orchard Council Meeting Minutes Work Study Session of September 21, 2010 7:00 p.m. Call to Order Mayor Coppola called the meeting to order at 7:00 p.m. Councilmembers Fred Chang, Carolyn Powers, Jerry Childs, John Clauson, Jim Colebank, and Fred Olin was present. City Treasurer Allan Martin, Public Works Director Mark Dorsey, Development Director James Weaver, City Clerk Patti Kirkpatrick, Deputy Clerk Brandy Rinearson, and City Attorney Greg Jacoby were also present. Absent: Mayor Pro-Tem Rob Putaansuu Presentation: KEDA Budget and Performance Plan Bill Stewart, President of Kitsap Economic Development Alliance, was ill and unable to attend the meeting. Mr. Peter Thurman asked the Council to reconsider the policy of requiring garbage service to every resident, as he is and has been responsible for ensuring his waste is disposed of properly. He provided the Council with a letter outlining his request. Council Direction: At this time no direction was given to staff. Presentation: Gordon Thomas Honeywell Regarding Governmental Affairs Cindy Zehnder, Vice President and Briahna Taylor, Governmental Affairs Consultant with Gordon Thomas Honeywell provided an overview of their services in relation to Lobbying efforts at the State level. Council Direction: The Mayor was directed to interview other lobbying firms that specialize in municipal government issues. Council Review of Goals and Objectives Parking Garage — Phase I Design: Mayor Coppola provided an update indicating the conceptual design is complete; and the City continues to seek alternative funding options. Public Works Director Dorsey indicated that the Geotechnical is compete and the next logical step would be to have a schematic design, which will incorporate the new proposed properties; and to designate $1oo,000 into the 2011 budget for appraisal and acquisitions. Council Direction: Staff was directed to put this item on the October 19, 2010, Work Study Session agenda for further discussion of the parking garage design concept. Revenue Sharing Agreement: Mayor Coppola provided an update on the Revenue Sharing Agreement with Kitsap County indicating that the issue is still unresolved. The City is looking to continue to withdrawal from the agreement as originally stated. September 21, 2010, Work Study Session Minutes Page 2 of 4 Council Direction: No direction was given to staff. Tremont Corridor — Shovel Ready: Public Works Director Dorsey reported the project would not be "shovel ready" until 2011; however all the permitting and l00% of the PS&E should be completed by the end of this year, with the final acquisitions completed in mid-2011. Bay Street Pedestrian Pathway — Complete design; obtain easements: Public Works Director Dorsey reported the project is currently on hold until the City and the Port of Bremerton come to a consensus on keeping access to the waterfront park area design cost effective. Council Direction: No direction was given to staff. Sedgwick and Sidney — Infrastructure Plan to be completed in 2010: Mark Dorsey provided an update indicating that the Sewer Comprehensive plan has been approved by DOE; the Water System Plan should be completed next month; and working on the Transportation Plan, which will be completed in 2011. In addition, Mr. Dorsey put into his supplemental budget the funds to have the Joint Planning Area (JPA) do a total prep face map and a water/sewer/storm road pre design. Council Direction: No direction was given to staff. Financial Plan — City Wide: City Treasurer Martin provided the following: • Provided to the Finance Committee at their July meeting what the anticipated ending balances for 2010 would be; • The Interlocal agreement for the property tax, sales tax, Kitsap County Consolidated Housing Authority, and the McCormick Village Park funds are all being set aside to take into account any issues that may arise; • Identified additional revenues in 2010, with the intent that we would project any cash flow earlier in the year than in the past; • Reviewed the Arterial Street Fund 102, which is the matching funds for the grant regarding the Tremont project and ensuring the reimbursements to the fund are timely; • Continued to plan for the Storm Drainage Utility Fund; • Continued to plan for the Municipal Facility Fund 302 (REET Money) for potential projects that could be funded from this fund; and projected an ending balance of $1.8 million; • Met with the Mayor regarding 2011 budget priorities; • Provided the Finance Committee with an outline of "Where the City Dollar Goes"; and • Drafted a policy for a Reserve Fund for the City, of which he will be bringing forward to a future Finance Committee meeting for discussion. Councilmember Clauson indicated he would like to see a line item that incorporated an annual street fund for repaving City streets, as has been done in the past. Council Direction: No direction was given to staff. Discussion: Long -Term Goals and Objectives September 21, 2010, Work Study Session Minutes Page 3 of 4 Council direction: Staff would add discussion on the City's long-term goals and objectives to the October 19, 2010, Work Study Session agenda. Discussion: Veteran's Memorial Development Director Weaver indicated that the Veteran's of Foreign Wars (VFW) submitted a permit request to install a memorial on the City's right-of-way in the grassy area between the Port's bathrooms and Foot Ferry terminal. Staff acknowledged that this request reduced the height to 4 feet; however the wall length increased to 28 feet, and was still located over the City's sewer line. Council Direction: The Mayor will write a letter to the VFW indicating that the City is in support of the project; however the City is in the midst of discussing the redevelopment of the waterfront and have not made any decisions of what that will entail. Update: Parking and Kitsap County Administration Building Public Works Director Dorsey provided an update regarding the Kitsap County Bar Association seeking parking permits, from the City, to park by the County Administration Building; noting that the County has agreed to work with the Kitsap County Bars Association to provide sufficient parking. Council Direction: Staff is to hold pursuing parking permits until the discussion and/or decision of the moving of the Police Department is complete. Discussion: City Telephone Service City Clerk Kirkpatrick provided a spread sheet indicating the cost and savings to the City should the City sign a 3-year contract with Qwest. Council Directions: Staff was directed to provide the number of phones, including faxes, to Councilmember Clauson who would obtain staff with an approximate figure to move the City to VOIP. The Mayor asked staff to also pursue the option of a one-year contract, with option to renew in one-year increments not to exceed three years. Update: McCormick Division Three Development Director Weaver indicated because of the SEPA noticing requirements, this item could be moved to the October 19, 2010, Work Study Session agenda for discussion of the Hearing Examiner's decision. Council Direction: Staff was directed to add this item to the October 19, 2010, Work Study Session agenda. Discussion: Facility's Upgrade Costs Public Works Director Dorsey provided a breakdown of the costs to make the necessary repairs to City Hall and the Port Orchard Library, noting that these costs were broken down by projects and had been included in the 2011 budget as a supplemental. September 21, 2010, Work Study Session Minutes Page 4 of 4 Councilmember Olin stated the Public Property Committee will be meeting with Library representatives to discuss the repairs/maintenance and they had indicated that they are looking into other sources to help with the funding of the library repairs. Councilmember Powers indicated that she would like the list to include an upgrade to the existing recording system for the Council Chambers. Council Direction: No direction was given to staff. Discussion: Liquor Initiatives City Attorney Jacoby stated that there are two initiatives on the November ballot regarding liquor taxes of which the City receives approximately $140,000, a year as its share. Should either initiative pass, the City stands to lose those funds; however, the City could recoup some of the losses as part of the retail sales tax. Council Direction: No direction was given to staff. Discussion: Homelessness Requirements City Attorney Jacoby provided an overview of the state's statute pertaining to religious organizations sponsoring a "Tent City" on their private property and what conditions the City could impose such as health and sanitation. Council Direction: The Mayor and staff would work on drafting an ordinance addressing health and sanitation issues. Next Work Study Session- Tuesday, October 19, 2010 At 9:48 p.m. the meeting was adjourned. Patricia J. Kirkpatrick, CMC, City Clerk Lary Coppola, Mayor City of Port Orchard Council Meeting Minutes Regular Meeting of September 28, 2010 i. CALL TO ORDER AND ROLL CALL Mayor Lary Coppola called the meeting to order at 7:00 p.m. Mayor Pro-Tem Rob Putaansuu and Councilmembers Fred Chang, Jerry Childs, John Clauson, Jim Colebank, and Carolyn Powers were present and constituted a quorum. City Clerk Kirkpatrick, Police Chief Townsend, Public Works Director Dorsey, Treasurer Martin, Development Director Weaver, Deputy Clerk Rinearson, and City Attorney Jacoby were also present. Excused: Councilmember Fred Olin. A. Pledge of Allegiance Tom O'Brian led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT There were no citizen comments. 3. APPROVAL OF AGENDA Councilmember Putaansuu MOVED and Councilmember Childs seconded the motion approving the Agenda. Upon vote, the motion passed unanimously. Councilmember Olin was absent. 4. APPROVAL OF CONSENT AGENDA A. Approval of Claim Nos. 54259 through 54325 in the amount of $146,745.34 B. Approval of the September 14, 2010, Council Meeting Minutes C. Approval of Contract No. 059-1o, Authorizing the Mayor to Execute Interagency Agreement ICA11o85 for Interpreter Funding Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. Councilmember Olin was absent. 5. PRESENTATION A. Proclamation: Domestic Violence Awareness Mayor Coppola read the Domestic Violence Awareness Month Proclamation into the record and noted that the City Clerk's office would mail the proclamation to Mr. Bob Silverstein, Minutes of September 28, 2010 Page 2 of 7 Executive Director with Stop Dating Violence Foundation, who was unable to attend the meeting. 6. PUBLIC HEARING A. Annexation of Sidney Glen, File No. A-24-10, with Zoning and Comprehensive Plan Designations Development Director Weaver presented the staff report, noting the South Kitsap School District submitted a Petition for Annexation to annex one parcel of approximately 9.85 acres in size. The parcel is located at 500 SW Birch Road, which is situated at the southwest corner of the SW Birch Road and Sidney Road SW intersection. This property was incorporated into the City's Urban Growth Area by Kitsap County as part of the to -year update of their Comprehensive Plan in December 2oo6. The parcel is currently designated Highway Tourist Commercial (10-3o DU/Ac) on the Kitsap County Land Use Map, and Public Facilities on the County Zoning Map. This annexation will extend the western City limit to adjoin this parcel with a Community Facilities -zoned parcel to the east, a Commercially -zoned property to the south, and UGA properties to the west and north that are zoned Highway Tourist/Commercial. Most of the parcels to the north, west, and south contain single-family residences on large lots. Ball fields and churches are the primary uses to the east. The parcel proposed for annexation contains the Sidney Glen Elementary School and is fully developed. The Notice of Intent to Petition for Annexation was submitted on May 19, 2010, and reviewed by the Port Orchard City Council at a regularly scheduled meeting held on June 8, 2010. The Council voted to accept the Notice of Intent and directed the applicant to proceed with the Petition request. The complete Petition for Annexation was submitted August o6, 201o. RCW 35.13.177 allows the City to prepare comprehensive plan and zoning designations to become effective upon annexation of any area which might reasonably be expected to be annexed by the City at any future time. The December 9, 2oo8, adoption of the 2oo8 Port Orchard Comprehensive Update, Appendix A, designated future zoning and comprehensive land use designations for areas inside the urban growth boundary but outside incorporated City limits are determined by Kitsap County to be effective upon adoption. Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing at 7:09 p.m. 7. BUSINESS ITEMS A. Adoption of Ordinance No. oig-io, Approving the Annexation Request for Sidney Glen, File No. A-24-10 Development Director Weaver presented the staff report, noting a Public Hearing was conducted earlier this evening for the annexation of one parcel totaling approximately 9.85 Minutes of September 28, 2010 Page 3 of 7 acres, and the associated right-of-way, located at 500 SW Birch Road, in the vicinity of the intersection of Sidney Road SW and SW Birch Road, within Section 3, Township 23 North, Range 1 East, W.M., Kitsap County, Washington, (Tax Parcel No. 032301-4-026-2007). With approval of this ordinance, the parcel will have interim City of Port Orchard Comprehensive Plan designation of Public and Community Spaces, and Community Facilities zoning, to become effective upon annexation. In response to Councilmember Putaansuu, Police Chief Townsend indicated that this annexation will allow the City to incorporate one school zone to coincide with Cedar Height Jr. High; and will hopefully be incorporated during the winter break or by the end of the school year. Councilmember Colebank MOVED and Councilmember Childs seconded the motion to adopt Ordinance No. oi9-io, approving the Sidney Glen annexation request of Tax Parcel No. 032301-4-026-2007, totaling approximately 9•85 acres, and the associated public right-of-way, and the assumption of city indebtedness by the area to be annexed upon annexation. Upon vote, the motion passed unanimously. Councilmember Olin was absent. B. Adoption of Resolution No. 033-10, Fixing the Date of Public Hearing on a Petition to Vacate a Portion of City Right -Of -Way of the Alley Commonly Known as Plat of Pottery Hill Addition to Sidney City Clerk Kirkpatrick presented the staff report, noting the applicants Jason and Alicia Hill, submitted a request to vacate a portion of City right-of-way in the Alley commonly known as Plat of Pottery Hill Addition to Sidney. RCW 25.79 states that the City needs to adopt a resolution setting the date and time of a Public Hearing to vacate the City's right-of- way. The City Engineer and Public Property Committee have reviewed the request submitted by Mr. and Mrs. Hill and recommend review by the Council. Upon adoption of the resolution, staff will post proper notice of the date and time of the hearing and provide notice to adjacent property owners. After a brief discussion, Council directed staff to determine if the entire alleyway should be vacated, and if so, work with the applicants to determine if they would be willing to vacate the entire ally and what that cost would be; should the applicants' not want to vacate the entire alley, is the original requested vacation accessible and useable to the City. Councilmember Clauson MOVED and Councilmember Colebank seconded the motion to adopt Resolution No. 033-10, setting the Public Hearing for November 9, 2010, to occur during the regular Council meeting, on a petition to vacate a portion of City's right-of-way in the Alley commonly known as Plat of Pottery Hill Addition to Sidney as submitted by Mr. and Mrs. Jason Hill. Upon vote, the motion passed unanimously. Councilmember Olin was absent. Minutes of September 28, 2010 Page 4 of 7 C. Approval of Contract No. o6o-io, Authorizing the Mayor to Execute Interlocal Agreement with Kitsap Public Utility District No. 1 for USGS — Kitsap Peninsula Groundwater Model Public Works Director Dorsey presented the staff report, noting in order to properly manage municipal water systems, and in particular manage the approval process associated with water right applications for said water systems, the need for comprehensive groundwater modeling is now considered necessary. The City of Bainbridge Island has just completed their USGS Groundwater Model and the Pierce County USGS Groundwater Model is currently underway. The City of Port Orchard, as a member of WaterPak (Water Purveyors Association of Kitsap), has been invited to participate in the USGS Groundwater Model for the Kitsap Peninsula. This program, partially funded by USGS, will provide a comprehensive analysis of the ground water systems of the Kitsap Peninsula. Kitsap PUD No. 1 shall be responsible for coordinating with the USGS and Participants in the preparation of the ground water model and administration of the agreement with USGS. As a participant, the City of Port Orchard will be required to agree to fund a share of the project, with payments made to Kitsap PUD No. 1. While the exact amount of the Participants contribution will not be known until all Participants have been identified, in no event shall the City of Port Orchard's share exceed $1o,000 per year for a term of 5-years. Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion to approve Contract No. o6o-io, authorizing the Mayor to execute an Interlocal Agreement between Public Utility District No. i of Kitsap County and the City of Port Orchard relating to the USGS Kitsap Peninsula Groundwater Model with the City of Port Orchard's share as a Participant in an amount not to exceed $io,000 per year for a 5-year term, as approved by the City Attorney, commencing in January 2011. Upon vote, the motion passed unanimously. Councilmember Olin was absent. 8. CITIZENS COMMENTS There were no citizen comments. 9. COMMITTEE REPORTS Councilmember Childs MOVED and Councilmember Clauson seconded the motion to excuse Councilmember Colebank from the October 12, 2010, City Council meeting. Upon vote, the motion passed unanimously. Councilmember Olin was absent. Councilmember Childs provided a spreadsheet indicating the total amount of donations received from various organizations and citizens regarding the City's Christmas decorations Minutes of September 28, 2010 Page 5 of 7 and wreaths; noting the Committee has raised approximately 90% of the wreaths cost and 6o% of the decoration cost; and the next Economic Development Tourism Committee will be held on October 13, 201o, at 5:30 p.m. at City Hall. Councilmember Putaansuu reported the Sewer Advisory Committee draft budget will be brought forward next month for approval. Councilmember Clauson reported the Finance Committee met and discussed the parking meter of timing and placements, noting the Committee recommended not putting in meters at the west end of the parking lot down at the waterfront in order to keep those open for monthly merchant parking and short-term, free parking. He provided an updated on the Finance Committee's budget meeting noting the supplemental budget would be ready on October 8, 2010; Council will discuss the revenue sharing portion of the budget on October 19, 201o, at the Work Study Session; will meet on November 5, 2010, with department directors to discuss their budgets, and hoped to bring to the Council a balanced budget at the November 16, 2010, work study session; with the final Public Hearing on December 6, 201o, and adoption of the 2011 Budget on December 14, 2010. Councilmember Colebank attended the Sewer Advisory Committee meeting regarding the power consumption of the blower, which he noted will drop 78%, plus they will get more air which accumulates to 1300 cubic feet per minute and that the old blower was 125 horse power, while the new one is 35 horse power and more efficient. w. MAYOR'S REPORT The Mayor Coppola reported on the following: • Moderated a Candidate forum for the 23rd, 26th and 35th Legislative District Candidate Fair; • Met with a property owner and developer regarding a proposed development on Pottery Avenue; • Had lunch with retired City Treasurer Kris Tompkins; • Met with representative of Gordon, Thomas Honeywell prior to the Work Study Session and have checked their references of which, they are highly recommend; and will continue to interview other lobbying firms; • Attended the ground breaking of the Housing Kitsap Brownfield Clean-up on Mitchell Avenue; • Met with Delilah Rene regarding some business expansions she is considering within the City; • Met with property owners of land on Bethel Avenue who would like to sell the land to the City to help with a possible police station, Boys and Girls Club and a trail head for the Black Jack Creek Trail; • Attended the Holt Chiropractic Clinic ribbon cutting; Minutes of September 28, 2010 Page 6 of 7 • Attended the Central Park ribbon cutting honoring the South Kitsap Rotary Club's donation of the bench and picnic tables; • Met with the Representative Seaquist and the City Clerk and Treasurer regarding the City's legislative agenda; • Spoke at the Senior Action Committee meeting; • Attended the Housing Kitsap finance sub -committee meeting; • Met with Puget Sound Energy and other local governments with representatives from ECOtality, and Nissan regarding Puget Sound Energy's plan for electric vehicle charging stations and what will be needed for code amendments and infrastructures; and • Meet with department directors regarding their budgets. ii. REPORT OF DEPARTMENT DIRECTORS City Treasurer Martin provided an update on the following: • Received the budget documents from the department directors and have met with Mayor Coppola of which, currently the budget is out of balance by $249,000; Mr. Martin will work with the department directors over the next few weeks and make sure it's balanced before going to the Finance Committee; • Sales tax revenue is lower in September compared to the previous months, but still over the Treasurer's projected estimates; • Continue to monitor the cash flow for the 201 fund for the Tremont property acquisitions; working with the credit card services to extend accepting credit card payments for Planning and Building Department; • The Public Hearing for the 2011 revenue sources is scheduled for October 26, 2010, regular meeting; and • Met with the Mayor, Representative Seaquist and City Clerk Kirkpatrick regarding how the state can provide relief to Washington cities. Public Works Dorsey reported he had met with Puget Sound Energy regarding the finalization of the design for the two charging stations. Development Director Weaver provided an update on annexation, indicating that the next notice of intent to annex into the City is the remainder of Berry Lake, which will resolve the issue of the County sharing Sidney and will extend to the entire western boundary of our Urban Growth Area. City Attorney Jacoby indicated that he will be responding to Norm Olson's letter that was sent to the Council regarding the Tremont Medical Center, to be consistent with the Council's direction as a result of last month's executive session. Minutes of September 28, 2010 Page 7 of 7 City Clerk Kirkpatrick reported the 2oio AWC Regional meeting will be held on Thursdya, October 28, 2010, in Bremerton and asked Councilmembers to contact her office should they wish to attend; noted the annual Kitsap Regional Coordinating Council dinner will be held on December 16, 201o, at Amy's on the Bay Restaurant in Port Orchard; and encouraged the Council and public to attend the Candidates Forum that is being co- sponsored by the Port Orchard and Bremerton Chamber of Commerce on October 14, 2010, and to register with the Chamber for the event. 12. ADJOURNMENT There being no further business, Mayor Coppola adjourned the meeting at 7:47 p.m. Patricia J. Kirkpatrick, CMC, City Clerk Lary Coppola, Mayor City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4D Subject: Adoption of Ordinance No. 020-10, Re -Adopting the 2009 Comprehensive Sanitary Sewer Plan Update as Approved by the Washington State Department of Ecology Meeting Date: October 12, 2010 Prepared by: Mark Dorsey, P.E. Public Works Director Atty Routing No: NA Atty Review Date: NA Summary: At the December 22, 2009 Port Orchard City Council regular meeting, the Port Orchard City Council adopted Ordinance No. 033-09, thereby affirming that the 2009 Comprehensive Sanitary Sewer Plan Update is consistent with the goals and policies of the City's Comprehensive Plan and with the Growth Management Act, Chapter 36.7oA RCW. At that same meeting, Ordinance No. 034-09, was also adopted, thereby incorporating the 2009 Comprehensive Sanitary Sewer Plan Update into the 20o9 Amendment to the Port Orchard Comprehensive Plan - Appendix G. On August 31, 2olo, BHC Consultants made revisions to the 2009 Comprehensive Sanitary Sewer Plan Update as directed by the Washington State Department of Ecology (Ecology). The incorporation of the Re -Adopted 2009 Comprehensive Sanitary Sewer Plan Update as approved by Ecology (with revisions as noted) will occur through an update to Appendix G of the 2olo Amendment to the Port Orchard Comprehensive Plan. Recommendation: Approve Ordinance No. 020-10, thereby re -adopting the 2009 Comprehensive Sanitary Sewer Plan Update as approved by Ecology (with revisions as noted). Motion for consideration: I move approve Ordinance No. 020-10, thereby re -adopting the 2009 Comprehensive Sanitary Sewer Plan Update as approved by Washington State Department of Ecology (with revisions as noted). Fiscal Impact: None Alternatives: N/A Attachments: Ordinance No. 020-10 2009 update to the Port Orchard Comprehensive Sanitary Sewer Plan Introduced by: Requested by: Drafted by: Introduced: Adopted: ORDINANCE NO. 020-10 Public Works Director Public Works Director Public Works Director October 12, 2010 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON RE -ADOPTING THE 2009 COMPREHENSIVE SANITARY SEWER PLAN UPDATE AS APPROVED BY THE WASHINGTON STATE DEPARTMENT OFECOLOGY WHEREAS, on December 22, 2009, the Port Orchard City Council adopted Ordinance No. 033-90, thereby affirming that the 2009 Comprehensive Sanitary Sewer Plan Update is consistent with the goals and policies of the City's Comprehensive Plan and with the Growth Management Act, Chapter 36.7oA RCW; and WHEREAS, on December 22, 2009, the Port Orchard City Council adopted Ordinance No. 034-09, thereby incorporating the 2009 Comprehensive Sanitary Sewer Plan Update into the 2oo9 Amendment to the Port Orchard Comprehensive Plan (Appendix G); and WHEREAS, on August 31, 20ro, BHC Consultants made revisions to the 2009 Comprehensive Sanitary Sewer Plan Update as directedbythe Washington State Department of Ecology (Ecology); and WHEREAS, the incorporation of the Re -Adopted 2009 Comprehensive Sanitary Sewer Plan Update as approved by Ecology (with revisions as noted) will occur through an update to Appendix G of the 2010 Amendment to the Port Orchard Comprehensive Plan; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The City's 2009 Comprehensive Sewer Plan is hereby amended to read as set forth in Exhibit A (Disk) attached hereto and incorporated by this reference. SECTION 2. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. Ordinance No.020-10 Paee 2 of 2 SECTION R. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 12th day of October 2010. ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk APPROVED AS TO FORM: Gregory A. Jacoby, City Attorney Lary Coppola, Mayor Sponsored by: Robert Putaansuu, Councilmember Appendix G: Plans Adopted by Reference Appendix G.0 Plans Adopted by Reference Port Orchard Comprehensive Plan Final: December 2009 Appendix G: Plans Adopted by Reference PLAN OR DOCUMENT City of Port Orchard 2009 Comprehensive Sanitary Sewer Plan Update City of Port Orchard 2009 Sidney / Pottery Corridor Plan South Kitsap School District 2009-2014 Capital Facilities Plan West Sound Utility District / Joint Wastewater Treatment Facility 2009 Capital Facilities Plan City of Port Orchard 2008 Water System Plan City of Port Orchard: 2008 Comprehensive Parks Plan 2006 Kitsap County Comprehensive Plan 10-Year Update Kitsap County 2006 Port Orchard/South Kitsap Sub -Area Plan City of Port Orchard 2005 Economic Development Plan Kitsap County 2003South Kitsap UGA/ULID#6 Sub -Area Plan & EIS Downtown Port Orchard: 1999 Suggestions for Revitalization City of Port Orchard 1998 Pedestrian Plan City of Port Orchard 1994 Shoreline Master Program City of Port Orchard 1994 Ross Creek Comprehensive Management Plan City of Port Orchard 1994 Capital Facilities Plan City of Port Orchard 1992 Tremont Corridor Specific Plan City of Port Orchard 1987 Blackjack Creek Comprehensive Management Plan Port Orchard Comprehensive Plan Final: December 2009 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 0 FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4E Meeting Date: Subject: Approval of Public Event Application: Prepared by: Festival of Chimes and Lights Atty Routing No: Atty Review Date: October 12, 2010 Patti Kirkpatrick, CMC City Clerk NA NA Summary: The Festival of Chimes and Lights is in its 12th year of ringing in the holiday season. With the help of numerous organizations, the Committee successfully organizes a family event for residents and visitors alike in downtown Port Orchard. Each year, the Committee strives to bring holiday colors; pictures with Santa; the Tree Lighting Ceremony; and many other family orientated activities. This year, the Festival will be held on Saturday, December 4, 2010, from 4:00 p.m. to 8:oo p.m. Events, closures, set-up and takedown will be coordinated with Public Works and Police departments. Recommendation: Staff recommends approving the Public Event application with the conditions set forth by City departments and Fire Department. Motion for consideration: I move to approve the Application for Public Event for the Festival of Chimes and Lights that will be held at the downtown businesses along Bay Street, City Hall, and Harrison Avenue on Saturday, December 4, 201o, based upon City Department and Fire Department approvals. Fiscal Impact: None Alternatives: Deny the applications and/or approve with conditions. Attachments: Application for Public Event Map City Department and Fire Department Comments City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 R E C Q �"i�n D (36o) 876-4407 0 FAX (36o) 895-9029 SEP 3 0 2010 CITY OF PORT ORCHARD Public Event Application CITY CLERKS OFFICE NOTE: Acceptance of this application by the City Clerk's Office does NOT indicate or guarantee approval of the application or the dates requested. Each application will be reviewed by City staff and Council Committee. Additional information may be requested by city personnel prior to submittal of the application to the City Council for final consideration. No statement made by city staff or elected official prior to final consideration by the City Council shall obligate the City Council in any manner. Name of Event: Festival of Chimes and Liehts Name of Sponsoring Organization: City of Port Orchard Name of Person Completing This Application: Brandy Rinearson Point of Contact: Jerry Childs/Brandy Rinearson Telephone: (360) 876-7030 Address: 216 Prospect Street Port Orchard WA 98366 Street City State Zip Code Dates of Event (Inclusive) Saturday, December 4, 2010 Location of Event: City Hall, Downtown Port Orchard, Marina Park and Parkine Lot # (If Event Will Have Multiple Activities and Locations, List On Separate Sheet) Anticipated Number of Exhibitors: None Time Open To Public: 4:00 p.m. Anticipated Number of Visitors: 1,500 Time Open To Vendors: NA Closing Time: 5:00 P.M. This application form was designed for use by applicants for carious types of events. Please answer all questions; you may attach additional pages if necessary. 1. Describe type of event and how this event will benefit the community: Annual Holiday Celebration organized by community member and numerous organizations This Festival provides a kick off to the Holiday Season in Downtown Port Orchard and is organized to include the Downtown Merchants for the purpgse of attracting visitors downtown for shopping. dining and entertainment. All activities are free of charge. 2. What is expected traffic pattern for the event? Attach a site map indicating location of each activity/vendor(s), fire lanes, garbage, and restroom/sani•can(s): See attached map for traffic pattern. For garbage & restrooms, please see 3. Describe how public safety, traffic and crowd control will be provided. How many police officers do you anticipate will be needed for (1) traffic control and (2) crowd control? To be determined by the Chief of Police 4. Describe how sanitation control (garbage and restrooms) will be provided and maintained: Garbage has never been an issue beyond the capacity of the downtown garbage cans. Additional garbage cans are also located at the location where snacks are being provided. Restrooms are scheduled to be open at the Marina Park. Marina Lift Station and the Boat 5. How many participants and visitor cars are anticipated and where will parking be provided? The Committee will make arrangement to utilize the Port of Bremerton Parking at the boat launch All other on street parking and parkina lots will be available with the exception of Lot No 4 (this is a viewing area for pedestrian traffic only.) 6. How have parking impacts been coordinated with the neighbors (residential and/or business)? This event is 7. Has shuttle service/park and ride lots been coordinated with Kitsap Transit? Describe locations, frequency of service and name of contact at Kitsap Transit. Attach written verification of commitment for service from Kitsap Transit: Not Necessary 8. Describe how fire lanes will be identified and kept open: Fire lanes will not be affected. 9. Will this event require the closure of any street? If so, list street name with date and time of requested closure:_ Bay Street from Cline to Bank Street and Parking Lot #4 will be closed for pedestrian traffic only. 10. If any event activity or vendor requires electrical connections or other accommodation to operate, indicate location and how you anticipate meeting their needs: An electrical connection will be needed at City Hall (parkins lot) for the trailer providing Cookies and Cocoa. This has been as years past without issue. In addition, we have a sound/PA system hired as in years past. 11. How will the event area be cleaned before, during and after the event? Public Works Department 12. If your event requires vehicles to be towed, your organization must accept responsibility and indemnify the City of Port Orchard and other authorizing property owner(s) by agreeing to pay tow/storage charges or damage claims which result from the vehicle being towed, if a court rules in favor of the registered owner and orders payment of such charges or damage claims. Do you accept this responsibility? Yes No If yes, name of person responsible for rendering payment of tow/storage charges. If no, explain why: We do not anticipate needing to tow vehicles 13. When specifying location of event activity/vendor(s), do you anticipate utilizing any area not owned or managed by the City of Port Orchard? yes no If yes, the owner/manager of subject property must complete and sian the following: (Please ask for additional forms if multiple properties are being used and have different owners.) Name of property owner: Port of Bremerton -Marina Park Authorizing authority: Brian Sauer Title: Address: 707 Sidney Pkwv, Port Orchard, WA 98367 Telephone: (360) 876-5535 Signature of authorizing authority: A. If the City of Port Orchard approves this application for public event, will your organization grant permission for the sponsoring organization to use your property on the dates specified, for the purpose and activities described in this application? Yes No If yes, please complete the following: B. Are there any limitations or restrictions on use of your property? Yes No If yes, please describe in detail: C. Do you require the event sponsor list you as an Additional Named Insured and provide an insurance certificate to your organization prior to the event date? Yes No If yes, please indicate coverage limits you require for general liability, property damage and or personal injury? 14. If nature of this event requires event workers to stay overnight (such as carnival or other event workers) where and how do you anticipate providing their lodging? If you anticipate utilizing private property(s) for lodging or other purposes, the owner of the subject property(s) must complete and sign the following: Name of property owner: Authorizing authority: Title: Address: Telephone: Signature of authorizing authority: A. Are there any limitations or restrictions on use of your property? Yes No If yes, please describe in detail: B. Do you require the event sponsor list you as an Additional Named Insured and provide an insurance certificate to your organization prior to the event date? Yes No If yes, please indicate coverage limits you require for general liability, property damage and or personal injury? C. How will use of your property by event workers impact neighboring property owners? Describe steps that will be taken to mitigate any adverse impact(s): 15. Please provide any other information, which you believe, will assist the city in the review process: I have attached a sample of the 2009 brochure that was distributed before and during the event This brochure includes all free scheduled events, road closures restrooms and designated parking areas 16. INSURANCE REQUIREMENTS: Sponsoring organization must provide an insurance certificate, 10 days prior to the event, with the City of Port Orchard and other applicable parties shown as Additional Named Insured. Minimum coverage to be as follows: $1,000,000 Liability; $1,000,000 Bodily Injury A. Can you provide this Insurance Certificate? Yes. Covered by the City of Port Orchard SIGNATURE OF APPLICANT: Date: 17 REVIEW AND COMMENT BY POLICE DEPARTMENT: REVIEW AND COMMENT BY FIRE DEPARTMENT: REVIEW AND COMMENT BY PUBLIC WORKS: REVIEW AND COMMENT BY FINANCE DEPARTMENT: REVIEW AND COMMENT BY PLANNING DEPARTMENT: DATE APPLICATION RECEIVED: —L ^ l rz;?C)1 40 DECISION OF CITY COUNCIL: ❑ APPROVE ❑ DISAPPROVE DATE OF DECISION: CONDITIONS: Approved Patricia J. Kirkpatrick, CMC City Clerk/Assistant to the Mayor Revised 03/03/2009 Saturday, December 5th, 2009 12 p.m. - 8 p.m. City Hall and Downtown Port Orchard R Celebrate the Season! Please join us for these FREE, family -fun events. 2:00 - 5:00 Bay Street Merchants 4:00 - 4:30 Port Orchard Library 4:00 - 6:00 Kitsap Bank 4:00 - 7:00 City Hall 4:00 - 8:00 Bay Street 4:30 - 8:00 Port Orchard Library 4:30 - 8:00 Port Orchard Marina Park 4:30 - 5:00 Kitsap Bank Drive Thr 4,11 5:00 - 5:30, 5:00 - 5:30 City Hall 5:00 - 8:00 Port Orchard Marina 5:30 - 6:30 Front of Orchard Theatre 5:30 - 5:45 City Hall 5:45 - 6:00 City Hall 6:05 - 6:10 City Hall 6:35 - 8:00 Port Orchard Marina Park , KChanue, ale sof Events visit wwvv.cityofportorchard.us. Holiday Bazaar Crafting a Miracle! Free chiildren's crafts World Premiere of Debbie Macomber's Mrs. Mrade. Doors open at 1pm for a 2 o'clock showing. Arts Walk and Open House Holiday Skit and Story time Popcorn, Hot Cider, and Balloons by Kitsap Bank Hot Chocolate by Knights of Pythias Hayrides! Start at City Hall and Peninsula Feed Cookies, Hot Cider, and Live Music Refreshments by Calvary Church of Port Orchard Holiday Pooch and Purr Parade Registration Pet Parade and Costume Contest, down Bay Street and back towards City Hall East Port Orchard Elementary Choir Sinclair Inlet Yacht Club's `Christmas Lane- lighted boat contest. Vote for your favorite decorated boat) Chili by Heritage Four Square Church John Sedgwick Junior High "Generals" Choir Pet Parade winners announced Community Sing -Along, Holiday Tree Lighting, and ��, .' Playing of the Chimes. " Santa and Mrs. Claus arrive at City Hall Visit Santa and Mrs. Claus; take photos! Free Movie at the Orchard Theatre - World Premiere of Mrs. Miracle in Debbie Macomber's Mrs. Mnnde, Doris Roberts, of "Everybody Loves Raymond" fame, and James Van Der Beek, "Dawson's Creek" star, bring Debbie's Mrs. Mracle to life in a Hallmark Charnel movie. To learn more about this free family movie, please visit www.debbiemacomber.com. The Festival of Chimes and Lights is proudly presented by the City of Port Orchard. Event Sponsors: Kitsap Bank W Amy's on the Bay, Port Orchard Independent, Wet Apple Publishing, Kitsap Sun, Orchard Theatre, Bay Ford, Olympic Peninsula Antique Tractor Club, Port of Bremerton -Port Orchard Marina, and Jones Tree Farm. Association of Washington Cities Risk Management Service Agency (Pool) Pool Coverage Agreement Declarations NAMED COVERED MEMBER City of Port Orchard TERM OF COVERAGE Effective from January 1, 2010, to December 31, 2010 LIMITS OF LIABILITY In consideration of the contribution by members, this agreement provides coverage in the following amounts: PROPERTY COVERAGE $250,000,000 All Risk of direct physical loss or damage to insured property, except as excluded and as described in the policy, subject to sub4imits and deductibles. ACV Actual Cash Value Coverage for Motor Vehicles, Trucks, Trailers and Equipment Actual Loss Sustained Business Interruptions Sub -Limits: $60,000,000 Earth Movement $500,000 Earth Movement for Automatic Coverage; Errors (Annual Aggregate) and Omissions; Exhibitions, Expositions, Fairs or Trade Shows and Miscellaneous Unnamed Locations $25,000,000 Flood $10,000,000 Flood as respects "High Hazard Zones for Flood" $25,000,000 Flood as respects "Moderate Hazard Zones for Flood" $5W,000 Flood as respects Automatic Coverage (Same as Earth Movement Above) $6,000,000 Accounts Receivable $10,000,000 Newly Acquired Location, Must report within 90 days $5,000,000 Brands & Labels Included Consequential Reduction in Value $1,000,000 Control of Damage Property $5,000,000 Course of Construction $5,000,000 CDC Testing (part of the Course of Construction Sublimit) $5,000,000 Debris Removal $100,000 Decontamination Costs $100,000 Defense Costs $10,000,000 Demolition and Increased Cost of Construction $500,000 Docks, Piers and Wharves (Included Reservoirs maximum limit as scheduled on SOV for Flexa perils only) $10,000,000 Errors and Omissions $5,000,000 Expositions, Expositions, Fairs or Trade Shows $6,000,000 Expediting Expenses $2,500,000 Fine Arts $260,000 Fire Department Service Charges $100,000 Land and Water Contaminants Cleanup, Removal and Disposal $10,000,000 Miscellaneous Unnamed Locations $100,000 Protection and Preservation of Property $5,000,000 Service Interruption $5,000,000 Tax Treatment of Profits $2,600,000 Transportation $6,000,000 Valuable Papers and Records $50,000 Watercraft (subject to receipt of schedule) Sub -Limits: continues $5,000,000 Commission, Profits and Royalties $3,500;000 Gross Earnings $6,000,000 Extra Expense ^ $5,000,000 Leasehold Interest 365 consecutive calendar days l\ $5,000,000 Rental Insurance $250,000 Contingent Time Element Included Extended Period of Liability 90 consecutive calendar days Included Impounded Water $5,000,000 Ingress/Egress 30 consecutive calendar days-1 statue mile $5,000,000 Order of Civil or Military Authority 30 consecutive calendar Days -1 Statue Mile Included Ordinary Payroll — 90 consecutive calendar days $1,600,000 Research and Development Expense $1,000,000 Resultant Mold $100,000 Money & Securities $5,000,000 Vehicles on Premise $1,600,000 Vehicle over the Road $100,000 Animals, not to exceed $25,000 per animal $20,000,000 Certified Act of Terrorism $5,000,000 Green Property Upgrade Coverage Sub -Limits: Boiler & Machinery $100,000,000 Boiler & Machinery $100,000 Boiler & Machinery - Ammonia Contamination $100,000 Boiler & Machinery - Hazardous Substances $100,000 Boiler & Machinery - Spoilage $100,000 Boiler & Machinery - Water Damage $10,000,000 Boiler & Machinery - as respects Automatic Change $250,000 Boiler & Machinery - as respects Brands & Labels $260,000 Boiler & Machinery - as respects Contingent Time $10,000,000 Boiler & Machinery - as respects Demolition and Increased Cost of Construction $10,000,000 Boiler & Machinery - as respects Errors and Omissions $100,000 Boiler & Machinery - as respects Expediting Expenses $250,000 Boiler & Machinery - as respects Miscellaneous Unnamed Location Sub -Limits: Boiler & Machinery continues: $3,600,000 Boiler & Machinery - as respects Business Interruption $250,000 Boiler & Machinery - as respects Computer Equipment Exclusions: Include but are not Electronic Data Limitation; War, Nuclear Hazard limited to: Deductibles: Earthquake 3% of the value per location for Property and Business Interruption separately -subject to a Northwest Seismic Zones minimum of $250,000 per occurrence on Earthquake n Flood $250,000 per occurrence Flood as respects to High Hazard and Moderate Hazard Zones Flood $25,000 per occurrence Flood as respects all other locations Transportation $50,000 per occurrence for Transportation Boiler & Machinery $5,000per accident for Boiler & Machinery 24 Hour Waiting Period on Boiler Machinery Business Interruption LIABILITY COVERAGE $10,000,000 General and Automobile Liability, per occurrence $10,000,000 Products and Completed Operations, per occurrence $10,600,000 Errors and Omissions and Employment Practices, per occurrence $10,000,000 Official Police Duties, per occurrence $15,000,000 Annual Aggregate; Products Liability/General Liability/Law Enforcement Liability $5,000 Automobile Medical Payments, per person Exclusions: Include but are not Participation or membership in any insolvency fund limited to: Nuclear Incident War Lead Mold Sexual Abuse/Molestation Worker Compensation Pollution & Environment Impairment Liability Retroactive coverage for known incidents The Pool Coverage Agreement Declarations are only a summary of coverage. Certain conditions and exclusions may apply. Please refer to the Joint Protection Program Property and Liability Coverage Agreements for complete details of coverages, deductibles, extensions and exclusions. 0 CITY OF PORT ORCHARD Planning Department 216 Prospect Street, Port Orchard, WA 98366 Phone: (36o) 876-4991 • Pax: (36o) 876-498o planning@cityofportorchard.us www.cityofportorchard.us Date: October 1, 2010 To: Patricia Kirkpatrick, City Clerk From: James R. Weaver, City Development Director RE: 2010 Event Application: Festival of Chimes & Lights The Planning & Building Departments have reviewed the submitted 2010 Public Event application with the City of Port Orchard for the enterprise located at the address identified in the following comments. Public Event Application; Festival of Chimes & Lights Date: Saturday, December 4, 2010 Location: City Hall, 216 Prospect St., Port Orchard Organization: City of Port Orchard Comments: Planning Department has the following Comments on this application. 1. Sidewalks adjacent to buildings are required to maintain a clear path width of at least four feet, including the entry of the commercial buildings in compliance with WAC 51-50, regarding the Accessible Design for All; 1106.4.1 Accessible Route of Travel, Width. Any displays or merchandise may not be located in the public right of way that may obstruct this access width. 2. No event signage shall be located as to obstruct or create hazardous conditions for motorists or pedestrians. 9 V. REVIEW AND COMMENT BY POLICE REVIEW AND COMMENT BY FIRE DEPARTMENT: REVIEW AND COMMENT BY PUBLIC WORKS: REVIEW AND COMMENT BY FINANCE DEPARTMENT: REVIEW AND COMMENT BY PLANNING DEPARTMENT: DATE APPLICATION RECEIVED: 'l 3 a _Q DECISION OF CITY COUNCIL: ❑ APPROVE ❑ DISAPPROVE CONDITIONS: DATE OF DECISION: Approved By Patricia J. Kirkpatrick, CMC City Clerk/Assistant to the Mayor Revised OV03/2009 Memo To: City gf P-oit-Orchard City Clerk Office From: Greg Rogers, Fire Prevention Manager CC: Date: September 30, 2010 Re: Festival of Chimes and Lights The South Kitsap Fire and Rescue's Prevention/Education Office has completed a review of the application for public event that was dated received September 30, 2010 for the Festival of Chimes and Lights, located at the Port Orchard City Hall and the Port of Bremerton, and approves the plans with the following comments and stipulations: A permit shall be obtain from the Fire District should there be any open burning during the festival. Fire department access around the area must consist of the following: The unobstructed width of a fire apparatus access road shall be not less than 20 feet. Access roads shall be extended to within 150 feet of all parts of all exterior walls (of the first story) on all buildings or portions of buildings. Nothing in this review is intended to authorize or approve of any aspect of the design that does not comply with all applicable codes and standards. Should additional information become available, these comments may require modification. Please insure that additional information regarding this project is forwarded to our office. If you have any questions, please contact me at 871-2411. Fire Prevention Manager Page 1 of 1 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item Subject: Adoption of Resolution No. o34-1o, Repealing Resolution No. 1872 and Establishing Revised Personnel Policies for Union and Non -Union Represented Employees Classified as FLSA Executive Exempt and Not Exempt Meeting Date: October 12, 2010 Prepared by: Deborah Howard HR Coordinator Atty Routing No: NA Atty Review Date: NA Summary: The City of Port Orchard maintains a Personnel Policies and Procedures Manual as a general informational guide of the City's current employment policies which sets forth operational practices and procedures. The existing personnel polices were adopted on September 27, i999• Since this date, State and Federal employment rules and laws have been adopted making it necessary to bring the City's personnel policies into compliance. Attorney Dave Luxenberg has worked with staff in the revision of these policies in accordance with mandated employment laws and regulations. These personnel policies shall continue be used as the guide, unless the City has a duty to bargain. Recommendation: Staff recommends adoption of Resolution No. 034-1o, revised Personnel Policies. Motion for consideration: I move to adopt Resolution No. 034-1o, approving the revised Personnel Policies. Fiscal Impact: No fiscal impact to the 2010 budget. Alternatives: Not approve this request Attachment: Resolution No. 034-10 Introduced by: Requested by: Drafted by: Introduced: Adopted: RESOLUTION NO.034-10 HR Coordinator HR Coordinator HR Coordinator October 12, 2010 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, REPEALING RESOLUTION NO. 1872 AND ESTABLISHING REVISED PERSONNEL POLICES FOR UNION AND NON -UNION REPRESENTED EMPLOYEES CLASSIFIED AS FLSA EXECUTIVE EXEMPT AND NOT EXEMPT WHEREAS, it is the desire of the City Council to establish a comprehensive collection of personnel policies and procedures, to provide a uniform system of personnel administration, promote communication among employees, and to clarify the responsibilities of employees, now, therefore WHEREAS, the City of Port Orchard has established personnel policies for union and non -union employees, and WHEREAS, the City Council deems it in the best interest of the City and City employees to periodically review and update personnel policies, and, in so doing, has determined it is appropriate to revise the personnel policies, now therefore, THE COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY RESOLVE: SECTION i. Resolution No.1872, of the City of Port Orchard is hereby repealed. SECTION 2. Scope: Unless noted otherwise on a specific policy or procedure, all personnel policies and procedures adopted by the City of Port Orchard apply to all employees and volunteers performing on behalf of the City. They shall not apply to elected officials, and independent contractors unless required by specific state or federal statute. SECTION.a. Policy: The City will maintain a Personnel Policies and Procedures Manual as a general informational guide of the City's current employment policies which sets forth operational practices and procedures. New or revised policies and/or procedures may be adopted from time to time to facilitate the ongoing efficient operations of the City. Revisions or new policies will be reviewed to determine if the City has a duty to bargain for subjects that are a mandatory subject of bargaining. In the event of conflict between these policies and any collective bargaining agreement, City Ordinance, Civil Service Commission rule, state or federal law, the terms and conditions of that contract, rule or law shall prevail. In all other cases, these rules shall apply. When no specific provision exists in a current labor agreement or City Resolution, the City's policies shall be used as the guide, unless the City has a duty to bargain. In the event of the amendment of any ordinance, rule or law incorporated in a document or upon which these provisions rely, these rules shall be deemed amended in conformance with those changes. Resolution No. 034-10 Page 2 of 2 The City specifically reserves the right to (i) repeal, modify, or amend these policies at any time, with or without notice; and (2) deviate from these policies in individual situations, particularly in an emergency, in order to achieve its primary mission of providing orderly and cost efficient services to its citizens. None of these provisions shall be deemed to create a vested contractual right in any employee or to limit the power of the Mayor or the City Council to repeal or modify these rules. These Policies are not to be interpreted as a promise of specific treatment or a contract. SECTION a. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this resolution. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 12th day of October 2010. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7B Meeting Date: Subject: Approval of Change Order No. 1 to Prepared by: Contract No. o31-og, for the Bay Street Seawall Safety Upgrade Repairs Atty Routing No: with N.L. Olson and Associates, Inc. Atty Review Date: October 12, 2010 Mark Dorsey, P.E. Public Works Director NA NA Summary: On April 28, 2009, the Port Orchard City Council authorized the Mayor to sign Contract No. 031-09 with N.L. Olson & Associates, Inc. for the 20o9 Bay Street Seawall Safety Upgrade Plans, Specifications and Estimate (PS&E) and Permitting in an amount not to exceed $50,712.50. On April 27, 2010 the Port Orchard City Council authorized the execution of Contract No. 026-10 with Henderson Partners LLC for the construction of the seawall safety upgrade repairs. On May 21, 2olo a substantial change in field conditions was realized and a revision to the final design PS&E from the Engineer of Record was required. The design revision was implemented, construction continued and the project was able to be completed on schedule. Recommendation: Staff recommends that the City Council authorize the Mayor to execute Change Order #i to the N.L. Olson & Associates, Inc. contract in the amount not to exceed $5,962.5o for a revised total Contract Amount not to exceed $56,675.00. Motion for consideration: I move to authorize the Mayor to execute Change Order No. 1 to the N.L. Olson and Associates, Inc. Contract No. 031-09, in an amount not to exceed $5,962.5o for a revised total contract amount not to exceed $56,675. Fiscal Impact: 2olo Arterial Street Fund (to be partially reimbursed through WSDOT grant funding) Alternatives: None Attachments: WSDOT Supplemental Agreement No. 1 COPO Change Order No.1 Su lemental A reement I� p g Organization and Address N.L. Olson &Associates, Inc. Number 1 2453 Bethel Avenue Port Orchard, WA 98366 (360) 876-2284 Original Agreement Number Phone: Project Number Execution Date Completion Date STPUS-6601 001 4/22/2009 12/31 /2010 Project Title New Maximum Amount Payable Bay Street Seawall Safety Upgrades $ 56,675.00 Description of Work PS&E and environmental permitting assistance for new reinforced concrete traffic barrier and future pedestrian walkway. The Local Agency of City of Port Orchard desires to supplement the agreement entered into with N.L. Olson & Associates, Inc. and executed on 4/22/2009 and identified as Agreement No. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: N/A II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: N/A III Section V, PAYMENT, shall be amended as follows: Ti 967.50 far constmetinn changes (original contract was �50711 50) as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: Nann Olson, N Consultant Signature DOT Form 140-063 EF Revised 9/2005 Approving Authority Signature Date 10/5/2010 2:38 PM Authorization for Change Order #1 Date: October 12.2010 Project: Bay Street Seawall Contract / Job # C031-09 Contractor: N.L. Olson & Associates, Inc. Brief Description of Change Order work (Documentation to be attached): STPUS - 6601 (001) Construction Administration; necessary redesign of approved PS&E due to change of conditions in the field (associated with actual location of the City's sanitary sewer force main.) Original Contract $50,712.50 28-Apr-09 Council Change Order 1 $5,962.50 12-Oct-10 Council Total Contract $56,675.00 I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate, Submitted by: Title: Pu irector/City Engineer Change Orders over $1,000 up to $15,000 are to be approved by the Mayor. Approved: Mayor Attest: City Clerk Change Orders over $15,000 (per project) require Council action. Council Approval Date Page 1 of 1 Common/CITY OF PORT ORCHARD change order City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7C Meeting Date: Subject: Approval of Change Order No. 1 to Prepared by: Contract No. 026-ro, with Henderson Partners, LLC for the Bay Street Atty Routing No: Seawall Safety Upgrade Repairs Atty Review Date: October 12, 2010 Mark R. Dorsey, P.E. Public Works Director NA Summary: On April 27, 2010 the City awarded the construction contract for the Bay Street Seawall Safety Upgrade Repairs (STPUS-66o1 (oo1)) to Henderson Partners, LLC in an amount not to exceed $102,g80.58. Construction began on May 17, 2010. On May 21, 2010 the construction crew discovered the sanitary sewer force main to be 2-feet north from its' marked and pre -design location. The City worked with the Engineer of Record (N.L. Olson & Associates, Inc.) and redesigned around the existing sanitary sewer force main location by installing five (5) helical anchors under the roadway. This work, being a change in condition, was outside the original scope of work and requires a Change Order in the amount of $i.%8sr.76. Please note, the revised contract amount would be $116,812-14, however, after completing the final invoice with the Contractor, the City realized the final construction cost to be only $104,012.4g. Therefore, this will result in a final change to the original contract amount by only 1 o i. i. Please note: WSDOT has requested additional safety improvements (impact attenuation) at the east end. Staff is hopeful that this issue will be satisfactorily resolved within 2010. Recommendation: Staff recommends that Council authorize the Mayor to execute Change Order Number 1 with Henderson Partners, LLC for the construction of the Bay Street Seawall Safety Upgrades Project for $13,831.76. Motion for consideration: I move to authorize the Mayor to execute Change Order No. 1 to Contract No. 026-1o, with Henderson Partners, LLC for the construction of the Bay Street Seawall Safety Upgrades Project in an amount not to exceed $13,831.76. Fiscal Impact: 2olo Arterial Street Fund (to be partially reimbursed through ESDOT grant funding) Alternatives: None Attachments: WSDOT Change Order No. i COPO Change Order No. i Contract No. 026-io 10/5/2010 3:56 PM Authorization for Change Order #1 Date: October 12, 2010 Contractor: Henderson Partners, LLC Project: Bay Street Seawall Contract / Job # CO29-10 Brief Description of Change Order work (Documentation to be attached): STPUS - 6601 (001) Change in Field Conditions; placement of (5) helical springs as needed to mitigate the actual location of the City's sanitary sewer force main. Submitted by: Title: Change Orders over $1,000 up to $15,000 are to be approved by the Mayor. Approved: Attest: Change Orders over $15,000 (per project) require Council action. I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. P rks Director/City Enginee Mayor City Clerk Council Approval Date Common/CITY OF PORT ORCHARD change order Page 1 of 1 Washington State ASK CAPDepartment of Transportation Change Order Project: (Name) Bay Street Seawall Safety Upgrades Change Order Number 1 (Address) 1800 Block Bay Street Change Order Date May 27, 2010 To: (contractor) F—Henderson Partners, LLC Contract Number CO26-10 11302 Burnham Drive NW — Gig Harbor, WA 98332 Contract Date April 27, 2010 You are directed to make the following changes in this Contract: Sewer force main was field located two feet north of the designed location. The change in location does not allow sufficient separation between the back of the deadman and the outside diameter of the force main. Due to this proximity, helical anchors were used in place of two feet of concrete for the deadman to maintain the necessary cover for the sewer force main. Bid item 15-Concrete Class 4000 will be reduced by 9 CY at $365 per CY, for a total of $3,285. Bid Item 7-Structure Excavation Class A Including Haul will be reduced by 90 CY at $25 per CY, for a total of $2,250. A new bid item 27 is added for SSR 150 Heavy Duty Chance Helical Anchor and Pier. Additionally, an option of an additional cost per foot of depth beyond 14 foot of vertical deep to reach 10 kip (7 ft-lb of torque) shall be billed at $24 per foot. The base contract was for $12,226, to reach the needed torque the depths needed to increase on three anchors, which increased the contract by an additional $1,605.76. Total value of Bid Item 27 is $13,831.76. Not valid until signed by both the Approving Authority and Contractor. Signature of the Contractor indicated agreement herewith, including any adjustment on the Contract Sum or Contract Time. The original Contract Sum was ...... ... ............................... .................................................... $ 102,980.58 Net change by previous Change Orders.................................................................................$ 0.00 The Contract Sum prior to this Change Order..........................................................................$ 102,980.58 The Contract Sum will be: X Increased ❑ Decreased ❑ Unchanged by this Change Order $ 13,831.76 The new Contract Sum including this Change Order will be ............................................. ..........$ 116,812.34 The Contract Time will be: ❑ Increased ❑ Decreased N Unchanged by 35 working days The new Contract Time will be Working days Contractor Approval Recommended Approved Project Administrator Approving Authority By By By Title -- Date— - --- - Title - - Principal Architect By - Date _ Date Date Original to: ❑ Contractor Copies to: ❑ Region ❑ Construction Administrator DOT Form 570-001 EF ❑ OSC Accounting ❑ Architecture Administrator Revised 9/99 Bay Street Seawall Safety Upgrades Project City Contract No. CO26-10 Contract THIS AGREEMENT, made and entered into this 27th day of April by and between the City of Port Orchard, herein after called the PURCHASER, and Henderson Partners, LLC, the heirs, executors, administrators, successors, and herein after called the CONTRACTOR. WITNESSETH THAT IN CONSIDERATION OF THE PAYMENTS, COVENANTS, AND AGREEMENTS herein after mentioned to be made and performed by the parties hereto, the parties hereto covenant and agree as follows: DESCRIPTION OF WORK: Provide traffic safety upgrades along approximately 160 feet of Bay Street North near the City limits. The project includes installation of traffic detour signs, removal of asphalt, excavation, constructing cast -in -place concrete traffic barriers and grade beams, compaction of road subgrade, placing hot mix asphalt, and striping lanes. The contract price is $102,980.58. EMPLOYMENT AND PAYMENT: The Purchaser hereby promises and agrees with the Contractor to employ, and does so employ the Contractor to provide the labor, materials, and other things set forth in the preceding paragraph and to do and cause to be done the above described work and to complete and furnish the same according to the attached specifications and proposal at the time and manner and upon the conditions of this contract and every part thereof. COMPLETION OF WORK: Time is of the essence for this contract. The Contractor agrees to commence work within FIFTEEN (15) days of signing this contract. The contract shall be physical complete within 35 working days. The Contractor shall be allowed extensions to the contract, due to weather conditions. Such extensions must be mutually agreed to by both parties. If failure of the Contractor to complete the contract in the amount of time which is reasonably ascertainable, the Contractor shall be liable for any additional cost or damages of Two Hundred Fifty Dollars ($250) per calendar day. INSURANCE REQUIREMENTS: Contractor shall furnish and maintain all insurance as required herein (or by attachment) and comply with al'. limits, terms and conditions stipulated therein (or by that attachment), at their expense, for the duration of the contract. Any exclusions must be pre- approved by the City. Work under this contract shall not commence until evidence of all required insurance and bonding is provided to the City. The Contractor's insurer shall have a minimum A.M. Best's rating of A- and shall be licensed to do business in the State of Washington. The insurance policy or policies will not be canceled, materially changed or altered without forty five (45) days prior notice submitted to the City. The policy shall provide and the certificate shall reflect that the insurance afforded applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability. The policy shall be endorsed and the certificate shall reflect that the insurance afforded Page 2 of 3 therein shall be primary insurance and any insurance or self-insurance carried by the City shall be excess and not contributory insurance to that provided by the contractor. REQUIRED COVERAGE: The insurance shall provide the minimum coverage as set forth below, all coverage $1,000,000.00 per occurrence with no deductible. GENERAL LIABILITY INSURANCE: The Contractor shall have Commercial General Liability with limits of $1,000,000.00 per occurrence and at least $2,000,000.00 in the annual aggregate, which includes general aggregate, products, completed operation, personal injury, fire damage and medical expense. ADDITIONAL INSURED ENDORSEMENT: General Liability Insurance must state that the City of Port Orchard, it's officers, agents and employees, and any other entity specifically required by the provisions of the Agreement will be specifically named additional insured(s) for all coverage provided by this policy of insurance and shall be fully and completely protected by this policy from all claims. Language such as the following should be used "CITY OF PORT ORCHARD, ITS OFFICERS, AGENTS AND EMPLOYEES ARE NAMED ADDITIONAL INSURED AS RESPECTS TO PROJECT NUMBER (insert project number here)." PROOF OF BUSINESS AUTOMOBILE INSURANCE: The Contractor shall have Business Automobile Liability with limits of $1,000,000.00 combined single limit. WORKERS COMPENSATION: If applicable, the Contractor shall show proof of Worker's Compensation coverage by providing its State Industrial Account Identification Number. Provision of this number will be the Contractor's assurance that coverage is in effect. PROOF OF INSURANCE: The Contractor shall not commence work, nor shall the Contractor allow any subcontractor to commence work on any subcontract until a Certificate of Insurance, meeting the requirements set forth above, has been provided to the City. Upon request, the Contractor shall forward to the City the original policy, or endorsement obtained, to the Contractor's policy currently in force. FAILURE OF COVERAGE: Failure of the Contractor to fully comply with the above insurance requirements during the term or the contract shall be considered a material breach of contract and cause for immediate termination of the contract at the City's discretion. Alternatively the City may procure and maintain, at the Contractor's sole expense, insurance to the extent deemed proper up to the amount of the required coverage(s). The City may offset the cost of such insurance against payment due to the Contractor under this contract. LIABILITY OF NEGLIGENCE: The Contractor shall be liable for any additional expenses incurred by the Purchaser as a result of carelessness or negligence on the part of the Contractor. The Contractor agrees that the Purchaser may deduct such additional cost on its own behalf from the monies due or to become due to the Contractor. Page 3 of 3 CANCELLATION OF CONTRACT FOR VIOLATION OF STATE POLICY: This contract may be cancelled by the official or agents of the Purchaser authorized to contract for or supervise the execution of such work in case such work is not performed in accordance with the policy of the State of Washington relating to such work. It is further provided that the Contractor shall hold harmless the Purchaser and that no liability shall attach to the Purchaser by reason of entering into this contract, as expressly provided herein. AGREEMENT: The Contractor himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all covenants herein contained upon the part of the Contractor. IN WITNESS WHEREOF, this agreement has been duly executed by the parties wherein before named, on the day and year, first above written. CITY OF PORT ORCHARD CONTRACTOR I:, Lary Coppola Mayor ATTEST: Patricia J. Kirkpatrick, CIVIC City Clerk P-W Print Name Print Title City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7D Meeting Date: October 12, 2010 Subject: Approval of Contract No. o62-10, Prepared by: Patti Kirkpatrick, CMC Authorizing the Mayor to Execute an City Clerk Agreement for Telephone Service Atty Routing No: o98-io with Qwest Communications Atty Review Date: October 6, 2010 Summarv: At the September 21, 2010, Work Study Session staff presented the Council with the cost savings for telephone services, should the City enter into a 3-year contract with Qwest. At that meeting staff was directed to not pursue a 3-year contract, as Council was unsure of the City's needs for future phone services. Since that discussion, it has come to the City Clerk's attention that should the City not enter into a 3-year contract with Qwest for the PRI T-r truck lines, which is the City's main voice lines for employees to make and receive direct calls, it will convert to a month -to -month tariff rate, as the current contract expired back in February of 2009, which will result in a higher cost to the City. Qwest has provided the City with the following options: r. A 3-year contract for a monthly reduction of $ioo per month, or reduce from $600 to $500 per month (governmental discount rate); 2. A one-year contract for an additional $200 per month, or the rate increases from $600 to $800 per month (tariff based public rate); or 3. Revert the account back to a month to month rate, which is an additional cost of $800 for a total monthly invoice of $1,400 (tariff based public rate). Quest has indicated that the City will have need for the PRI T-r truck lines regardless if we convert to Voice Over Internet Protocol (VOIP). Recommendation: Staff recommends the Council approve a 3-year contract with Qwest for telephone service on our PRI T-r lines in an amount not to exceed $500 per month, plus tax, for an expiration date of October 12, 2013, as Qwest has indicated that the City will still need this service regardless of any future changes. Motion for consideration: I approve Contract No. o62-1o, authorizing the mayor to execute a 3-year contract with Qwest for telephone services on our PRI T-r lines in an amount not to exceed $5oo per month, plus tax, with an expiration date of October 12, 2013. Fiscal Impact: Cost savings of $roo per month for a total monthly amount of $5oo plus tax. Alternatives: Approve a r-year contract for an additional $200 per month or revert back to a month - to -month for an additional cost of $800 per month Attachments: Contract No. o62-10 E-mail dated October 4, 2010 with Qwest OWEST ISDN PRS, DSS OR UAS lP INDIVIDUAL CASE BASIS ("ICB") RATE PLAN AGREEmcNT This Qwest Corporation ICB Agreement ("Agreement") is between Owest Corporation including its subsidiaries ("Qwest") and City of Port Orchard ("Customer") and is effective on the date Qwest signs it ("Effective Date'). In order to qualify for the pricing under this Agreement, Customer will purchase Qwest Integrated Services Digital Network Primary Rate Service ("ISDN PRS"), or Digital Switched Service ("DSS") with "Advanced" or "Basic" trunks, or Uniform Access Solution Service ("UAS") (individually and collectively referred to as the "Service"), which must be installed within 30 days of the Effective Date ("Ramp Period"), unless an installation delay is caused by Qwest. The circuits may be aggregated across Qwest's local serving areas in Arizona, Colorado, Idaho, Iowa, Minnesota, Montana, Nebraska, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington and Wyoming. Filing Concurrence Qwest may be required to submit this Agreement and any subsequent addenda for the Service to certain regulatory agencies for approval because the rates and some terms in this Agreement are being offered on an individual case basis ("ICB"). The service specific rates, and the terms and conditions in the Termination Section of this Agreement require filing with or approval by regulatory agencies ("ICB Terms"). Although the general terms and conditions of this Agreement are effective on the Effective Date, the ICB Terms will not become effective for a given jurisdiction until the filing and approval requirements for that jurisdiction are fulfilled. The Service will be offered in accordance with the applicable Tariff until the ICB Terms become effective. If Customer receives reduced pricing under this Agreement and a regulatory agency later invalidates the ICB Terms after they had become effective, Customer will pay to Qwest any difference in the amounts listed in the applicable Tariff for the Service and the amounts Customer was charged for the Service. When approved by the regulatory agencies, Customer may add additional quantities of Services pursuant to the Service Changes Section under the same terms and conditions with no further filing required. In the event a regulatory agency does not approve this Agreement, the parties will enter into good faith negotiations to mutually resolve the failure to receive the necessary approval. This Agreement will remain in full force and effect for the Service in all otherjurisdictions. Tariff Any Qwest tariff, price list, price schedule, administrative guideline, catalog, and other rate and term schedules (whether individually or together, "Tariff") applicable to the Service is incorporated into this Agreement by reference and made a part of this Agreement. Other than the ICB Terms in this Agreement, the Service will be governed by: (a) the Tariff applicable to the Service; and (b) to the extent a comparable Tariff term or condition does not apply to the Service, the terms and conditions set forth in this Agreement. Qwest reserves the right to amend, change, withdraw, or file additional Tariffs in its sole discretion, with such updated Tariffs effective upon posting or upon fulfillment of any necessary regulatory requirements. Service is subject to technical publication 77400 located at http://www.gwest.com/techpub/ ( Tech Pub"). 1. Scope. 1.1 ISDN PRS. If Customer purchases ISDN PRS, Qwest will provide digital intraLATA, intrastate, switched local exchange telecommunications service utilizing ISDN PRS technology that transports and distributes voice, data, image, and facsimile communications separately or simultaneously over the public, switched, local exchange network. An ISDN PRS circuit includes a DS1 facility, an ISDN PRS service configuration, and trunks. ISDN PRS operates at 1.544 megabits per second (Mbps). ISDN PRS may be configured as 23 B channels and one D channel, 24 B channels only (24B), or 23 B channels and one back-up D channel (23B+BUD). Each B channel transmits voice or data at 64 kilobits per second (Kbps). The D channel carries signaling information at 64 Kbps. 1.2 ISDN PRS-UAS. If Customer purchases ISDN PRS, Customer may also select Uniform Access Solution service as an optional feature as that service is defined in the Tariff under Primary Rate Service. An ISDN PRS-UAS circuit provides digital service with single -number route indexing, which includes a DS1 facility with common equipment, and a network connection which provides for local exchange, toll network access. Each DS1 facility utilizes channels configured as: (a) In -only trunking; or (b) Two-way trunking. 1.3 DSS. If Customer purchases DSS, Qwest will provide Customer with a circuit that includes a digital DS1 facility, common equipment to interconnect with Qwest's local exchange switching office and Advanced or Basic flat -usage trunks and DID trunk termination for access to the local exchange and toll networks. DSS Advanced and Basic operates at a maximum speed of 1.544 Mbps. 1.4 UAS. If Customer purchases UAS, Qwest will provide Customer with a digital circuit with single -number route indexing, which includes a DS1 facility with common equipment, and a network connection which provides for local exchange, toll network access. Each DS1 facility utilizes channels configured as: (a) In -only trunking; or (b) Two-way trunking. 1.5 Customer represents and warrants that it (check one box): ® IS NOT a provider of "information service," as that term is defined in 47 U.S.C. §153 (20). ❑ IS a provider of "information service," as that term is defined in 47 U.S.C. §153 (20), and that ISDN PRS under this Agreement WILL NOT be used to provide information service to its End Users, including termination or origination of Voice over Internet Protocol ("VOIP"). "End Users" means any entity to which Customer provides information service. If at any time during the Term of this Agreement this representation and warranty is no longer accurate, Customer agrees to notify Qwest and execute an amendment to add the ISP Certification Addendum. ❑ IS a provider of "information service", as that term is defined in 47 U.S.C. §153 (20), and that ISDN PRS under this Agreement WILL be used to provide information service to its End Users, including but not limited to termination or origination of Voice over Internet OMR #Q586609 Copyright © Qwest. All Rights Reserved. Page 1 v1.080410 CONFIDENTIAL OWEST ISDN PRS, DSS OR UAS i INDIVIDUAL CASE BASIS ("ICB") RATE PLAN AGREEiwFNT Protocol ("VoIP") and therefore agrees to the additional terms and conditions set forth in the ISP Certification Addendum attached hereto and incorporated herein by reference. "End Users" means any entity to which Customer provides information service. 1.6 Customer represents and warrants that it will use ISDN PRS and its optional features for communication purposes only. If Qwest determines that ISDN PRS or any optional feature is being used inappropriately, Qwest may disconnect the ISDN PRS service or feature without notice in accordance with any applicable subsection of Section 2.2.9 or other termination provision of the Tariff, and the Termination Charges specif led in the Termination section below may apply. 2. Term. 2.1 This Agreement will expire thirty-six (36) months from the date the Service is available to Customer under this Agreement, as evidenced by Qwest records ('Term"). The Minimum Service Period for Service is 12 months from the date Service is available for use ("Minimum Service Period"). Any Service installed for 12 consecutive months prior to the Effective Date of this Agreement will be deemed to have met the Minimum Service Period. 2.2 Should Qwest continue to provide the Service after this Term without a further agreement, the service charges will convert to the applicable month -to -month rate under the terms and conditions of the applicable Tariff, or in its absence, this Agreement. 3. Service Provided. 3.1 Owest will provide and maintain the Service at the locations and in the quantities specified in the Pricing Attachment(s), incorporated herein by this reference, and as requested on any subsequent order for Service or amendment to this Agreement. 3.2 Owest will notify Customer of the date Service is available for use. In the event Customer informs Qwest that it is unable or unwilling to accept Service at such time, the subject Service will be held available for Customer for a period not to exceed 30 business days from such date ("Grace Period"). If after the Grace Period, Customer still has not accepted Service, Qwest may either. (a) commence with regular monthly billing for the subject Service; or (b) cancel the subject Service. If Customer cancels an order for Service prior to the date Service is available for use, or is unable to accept Service during the Grace Period and Qwest cancels the Service at the end of the Grace Period, the Tariff cancellation charges may apply. 4. Charges and Billing. 4.1 Customer will pay the total monthly recurring charges ("MRC") and nonrecurring charges ("NRC") for Service specified in the Pricing Attachment(s). For Service requested on any subsequent orders or amendments to this Agreement, Customer will also pay the total MRC and NRC specified on the subsequent orders or amendments. The MRC will not change during the Term of this Agreement provided that the Minimum Circuits are installed by the end of the Ramp Period. If due to Customers request, actions or failure to act, the Minimum Circuits are not installed by the end of the Ramp Period, Qwest may adjust the pricing and Permitted Disconnects defined herein based on the actual number of circuits installed. Such adjusted pricing will be effective immediately following the end of the Ramp Period. 4.2 Customer must pay Qwest all charges by the payment due date on the invoice. Any amount not paid when due will be subject to a late charge as specified by the Tariff, or if there is no such late charge specified in the Tariff, the amount due will be subject to late interest at the lesser of 1 %2% per month or the highest rate permitted by applicable law. Customer must also pay Qwest any applicable federal, state and local taxes, surcharges, and other similar charges ("Taxes") assessed in connection with Customer's Service. Taxes are subject to change. Qwest may reasonably modify the payment terms or require other assurance of payment based on Customer's payment history or a material and adverse change in Customer's financial condition. Customer will not pay for Service with funds obtained through the American Recovery and Reinvestment Act (or ARRA) or other similar stimulus grants or loans that would obligate Qwest to provide certain information or perform certain functions unless each of those functions and obligations is explicitly identified and agreed to by the parties in this Agreement or in an amendment to this Agreement. 4.3 If the MRCs herein, are based upon Customer's intent to transition DS1 facilities to contracted DS3 or higher facilities ("Higher Facility") when available as indicated in the Pricing Attachment(s) Customer will have ten business days from the date the contracted Higher Facility is installed to migrate the Service contained herein to the contracted Higher Facility. In the event Customer's Service is not migrated, a pricing adjustment will be made to all DS1 facilities in service. The adjustment will be retroactive to the original installation date, as evidenced by Qwest records, and will be the difference between the rates provided herein based on the facilities riding a Higher Facility and the applicable rates for facilities not riding a Higher Facility. 4.4 The charges for Service under this Agreement, including any and all discounts to which Customer may be entitled, will be offered and charged to Customer independently from and regardless of the Customer's purchase of any customer premises equipment or enhanced services from Qwest 4.5 If Service is not available in Customer's wire center, standard interoffice private line mileage charges ("Mileage MRC" and "Mileage NRC") for transport between switches will apply in addition to the rates and charges for the Service. 5. Service Changes. 5.1 Moves. Customer may move the physical location of all or part of a Service to another location within a Qwest serving area, provided the following conditions are met: (a) Service moved to the new location is provided to Customer by Qwest; (b) Customer advises Owest that Service at the new location replaces the existing Service; (c) Customer's request for disconnection of the existing OMR #0586609 Copyright* Qwest. All Rights Reserved. Page 2 v1.080410 CONFIDENTIAL OWEST ISDN PRS, DSS OR UAS INDIVIDUAL CASE BASIS ("ICB") RATE PLAN AGREEMENT Service and installation of the Service at the new location are received by Qwest on the same date; (d) Customer requests that Qwest install the Service at the new location on or prior to the disconnection date of the existing Service; and (e) Customer agrees to pay all applicable rate and charges for the requested move and Service at the new location. 5.2 Additions to Service. Service may be added up to 12 months prior to the expiration date of this Agreement, at the rates specified herein. Qwest will supply such additions to Customer, subject to the following conditions: (a) the necessary facilities are available as determined by Qwest to provide the Service; and (b) a new Minimum Service Period is established for each new addition to Service. If the Service being added is not itemized in a Pricing Attachment, Customer agrees to execute a written amendment evidencing such addition to Service. 5.3 Additions During Last 12 Months of Term. Service ordered during the last 12 months of the Term must be added (a) pursuant to a new agreement that may include the existing Service; or (b) on a month -to -month basis at the rates in effect in the Tariff. 6. Customer Responsibilities for 911 Call Routing. 6.1 If Customer purchases ISDN PRS under this Agreement, Customer understands and acknowledges that the PBX's main number Automatic Number Identification (ANI) may be forwarded to a Public Safety Answering Point ("PSAP") during a 911 call. DID digits assigned to a PBX station may not be used for 911 calls unless an Automatic Location Identification (ALI) record has been created for the DID number. 6.2 Customer's PBX must be capable of recognizing "911" or "9911" digits as a complete dialing sequence, and routing those calls as an outbound local call. 6.3 Customer hereby agrees to release Qwest from any liability if an incorrect telephone number is forwarded to a PSAP as a result of PBX or ISDN PRS signaling parameters set by Customer. 7. Termination. 7.1 Either party may terminate this Agreement in accordance with the applicable Tariff or for Cause. "Cause" means the failure of a party to perform a material obligation under this Agreement, which failure is not remedied: (a) for payment defaults by Customer, within five days of separate written notice from Qwest of such default (unless a different notice period is specified in the Tariff); or (b) for any other material breach, within 30 days of written notice (unless a different notice period is specified in the Tariff or this Agreement). Customer will remain liable for charges accrued but unpaid as of the termination date. 7.2 Customer may disconnect up to zero (0) circuits ("Permitted Disconnects") during the Term without incurring a Termination Charge; provided that such Service has satisfied the requirements of the Minimum Service Period before any termination may be effective. If, prior to the conclusion of the Term, Service is terminated in excess of the number of Permitted Disconnects, either by Qwest for Cause or by Customer for any reason other than Cause, then Customer will also be liable for 100% of the MRC for terminated Service in excess of the Permitted Disconnects times the number of months (or fraction thereof) remaining (if any) in the Minimum Service Period, and 50% of the MRC limes the number of months (or fraction thereof) remaining in the Term after the Minimum Service Period ("Termination Charge"). 7.3 A Termination Charge will be waived when all of the following conditions are met: (a) Customer discontinues Service and signs a new service agreement(s) for any other Qwest-provided service(s); (b) the new service agreement(s) have a total value equal to or greater than 115% of the remaining prorated value of the existing agreement(s) (excluding any special construction charges, applicable nonrecurring charges, or previously billed but unpaid recurring and nonrecurring charges); (c) Customer places the orders to discontinue the Service and establish new service at the same time (within 30 calendar days of each other if service is in New Mexico); (d) the new service(s) installation must be completed within 30 calendar days of disconnection of the Service, unless such installation delay is caused by Qwest; and (a) a new minimum service period, if applicable, goes into effect when the new service agreement term begins. The waiver does not apply to changes between regulated and unregulated or enhanced products and services. 8. Out-cf-Service Credit. If Qwest causes a Service interruption, an out -of -service credit will be calculated under the state local exchange Tariff. If there is no applicable Tariff and the interruption lasts for more than 24 consecutive hours after Qwest receives notice of it, Qwest will give Customer a credit calculated by dividing the MRC for the affected Service by 30 days and multiplying that daily rate by the number of days that Service was interrupted. 9. Disclaimer of Warranties. QWEST DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY QWEST, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. 10. Limitation of Liability. NEITHER PARTY, ITS AFFILIATES, AGENTS, OR CONTRACTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS OR REVENUES OR LOST DATA OR COSTS OF COVER RELATING TO THE SERVICE OR THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED. WITH REGARD TO ANY SERVICE RELATED CLAIM BY CUSTOMER FOR DAMAGES THAT IS NOT LIMITED BY THE PRECEDING SENTENCE, CUSTOMER'S EXCLUSIVE REMEDIES FOR SUCH CLAIM WILL BE LIMITED TO THE APPLICABLE OUT -OF -SERVICE CREDITS, IF ANY. This limitation of liability will not OMR #iQ586609 Copyright© Qwest. All Rights Reserved. Page 3 vl.080410 CONFIDENTIAL QWEST ISDN PRS, DSS OR UAS j INDIVIDUAL CASE BASIS ("ICB") RATE PLAN AGREEMENT apply to a party's indemnification obligations or Customer's payment obligation for charges under this Agreement, (e.g., Service charges, Taxes, interest, and termination or cancellation charges). 11. Personal Injury, Death, and Property Damage. Each party will be responsible for the actual, physical damages it directly causes to the other party in the course of its performance under this Agreement, limited to damages resulting from personal injury or death to a party's employees and loss or damage to a party's personal tangible property arising from the negligent acts or omissions of the liable party; PROVIDED, HOWEVER, THAT NEITHER PARTY, ITS AFFILIATES, AGENTS, OR CONTRACTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS OR REVENUES OR LOST DATA OR COSTS OF COVER. 12. Confidentiality; Publicity. Neither party will, without the prior written consent of the other party: (a) disclose any of the terms of this Agreement or use the name or marks of the other party or its Affiliates; or (b) disclose or use (except as expressly permitted by, or required to achieve the purposes of, this Agreement) the Confidential Information of the other party. Each party will use reasonable efforts to protect the others Confidential Information, and will use at least the same efforts to protect such Confidential Information as the party would use to protect its own. Qwest's consent may only be given by its Legal Department. A party may disclose Confidential Information if required to do so by a governmental agency, by operation of law, or if necessary in any proceeding to establish rights or obligations under this Agreement. "Confidential Information" means any information that is not generally available to the public, whether of a technical, business or other nature and that: (c) the receiving party knows or has reason to know is confidential, proprietary or trade secret information of the disclosing party; or (d) is of such a nature that the receiving party should reasonably understand that the disclosing party desires to protect such information against unrestricted disclosure. Confidential Information will not include information that is in the public domain through no breach of this Agreement by the receiving party or is already known or is independently developed by the receiving party. 13. Governing Law; Dispute Resolution. 13.1 Governing Law: Forum. This Agreement will be governed by the laws of the state of Colorado, except with regard to matters which are within the exclusive jurisdiction of the state or federal regulatory agency. Those matters alone will be governed by the laws of the appropriate jurisdiction. Any legal proceeding relating to this Agreement will be brought in a U.-S. District Court, or absent federal jurisdiction, in a state court of competent jurisdiction, in the location of the party to this Agreement not initiating the action, as indicated in the Notices section. But Qwest may, at its discretion, initiate proceedings in Denver, Colorado to collect undisputed amounts billed. This provision is not intended to deprive a small claims court or state agency of lawful jurisdiction that would otherwise exist over a claim or controversy between the parties. 13.2 Waiver of Jury Trial and Class Action. Each parry, to the extent permitted by law, knowingly, voluntarily, and intentionally waives its right to a jury trial and any right to pursue any claim or action relating to this Agreement on a class or consolidated basis or in a representative capacity. 14. Notices. Unless otherwise provided herein, all required notices to Qwest must be in writing, sent to 1801 California St. # 900, Denver, CO 80202; fax #: 888-778-0054; Ann.: Legal Dept., and to Customer at its then current address as reflected in Owest's records Attn.: General Counsel or other person designated for notices. Unless otherwise provided herein, all notices will be deemed given: (a) when delivered in person to the recipient named above; (b) three business days after mailed via regular U.S. Mail; (c) when delivered via overnight courier mail; or (d) when delivered by fax its duplicate notice is also sent by regular U.S. Mail. 15. General. Customer may not assign this Agreement or any of its rights or obligations under this Agreement without the prior written consent of Qwest, which consent will not be unreasonably withheld. Customer may not assign to a reseller or a telecommunications carrier under any circumstances and Customer represents that it will not resell the Service. This Agreement is intended solely for Qwest and Customer, and not to benefit any other person or entity e.g. Customers members, End Users, customers, or any other third parties who utilize or access the Service or the Qwest network via the Service. If any term of this Agreement is held unenforceable, such term will be construed as nearly as possible to reflect the original intent of the parties and the remaining terms will remain in effect. Neither party's failure to insist upon strict performance of any provision of this Agreement will be construed as a waiver of any of its rights hereunder. All terms of this Agreement that should by their nature survive the termination of this Agreement will so survive. If there is a conflict in any term or condition of any documents that govern the provision of the Service hereunder, the following order of precedence will apply in descending order of control: the ICB Terms; the Tariff, the other terms in this Agreement; the Tech Pub; and Qwest records. Neither parry will be liable for any delay or failure to perform its obligations hereunder if such delay or failure is caused by a Force Majeure Event. "Force Majeure Event" means an unforeseeable event beyond the reasonable control of that party, including without limitation: act of God, fire, flood, labor strike, sabotage, cable cuts, acts of terror, material shortages or unavailability, government laws or regulations, war or civil disorder, or failures of suppliers of goods and services. Except for Tariff or Service modifications initiated by Qwest, all amendments to this Agreement must be in writing and signed by the parties' authorized representatives. However, any change in rates, charges, or regulations mandated by the legally constituted authorities will act as a modification of any contract to that extent without further notice. Each party reserves the right at any time to reject any handwritten change to this Agreement. OMR #0586609 Copyright© Qwest. All Rights Reserved. Page 4 v1.080410 CONFIDENTIAL j QWEST ISDN PRS, DSS OR UAS ) INDIVIDUAL CASE BASIS (" 1CB") RATE PLAN AGREEMENT 16. Entire Agreement. This Agreement constitutes the entire agreement between Customer and Qwest and supersedes all prior oral or written agreements or understandings relating to this subject matter. Electronic signatures on this Agreement will be accepted only in the form and manner prescribed by Qwest. City of Port Orchard Authorized Signature Name Typed or Printed Date Address for Notices: Qwest Corporation Authorized Signature Name Typed or Printed Offer Management Title Date ATTENTION: FINAL EXECUTED AGREEMENT MUST BE FORWARDED TO THE APPROPRIATE STATE REGULATORY FILING MANAGER. OMR #Q586609 Copyright© Qwest. All Rights Reserved. Page 5 v1.080410 CONFIDENTIAL i QWEST ISDN PRS, DSS OR UAS INDIVIDUAL CASE BASIS ("ICB") RATE PLAN AGREEMENT PRICING ATTACHMENT FOR THE STATE OF WASHINGTON CITY OF PORT ORCHARD Customer AQCB Contract Number: Type of Service USOC &MRC per line for 36 month Term NRC PRS Voice/Data Z4D $500.00 $0.00 Circuit ID Total Service Location including City and State or Type of Service Higher Facility Qty. MRC per BTN es or No location 216 Prospect St 206-T360-0482 216 PRS Voice/Data Port Orchard, WA 98366 USOC: Z4D No 1 $500.00 Total MRC: $500.00 OMR #Q586609 Copyright © Owest. All Rights Reserved. Page 6 v1.080410 CONFIDENTIAL Brandy Rinearson From: Nguyen, Thuyhong [Thuyhong.Nguyen@gwest.com] Sent: Monday, October 04, 2010 3:00 PM To: Patricia J. Kirkpatrick; Brandy Rinearson Subject: RE: City of Port Orchard/Qwest - Summary Thanks Patti. I'll forward this on. The information below is correct. I'll be out from Oct 11 - 15th but will still have access to email to assist with this. Thanks. From: Patricia J. Kirkpatrick [mailto:pkirkpatrick@cityofportorchard.us] Sent: Monday, October 04, 2010 2:56 PM To: Nguyen, Thuyhong; Brandy Rinearson Subject: RE: City of Port Orchard/Qwest - Summary Twee, Per our conversation this afternoon, you clarified that the City has been granted a 3o-day extension to finalize which contract option for PRI phone service the Council wishes to select. Based on this information, below is a timeline of what I anticipate happening from the City's perspective: 1. October 12, 2010, present the Council with the option of a one-year contract for an additional $200 per month, or the rate increases from $600 to $800 per month (tariff based contract), or 2. Present Council with option to renew for a 3-year contract for a monthly reduction of $too per month, or reduce from $600 to $500 per month (governmental rate contract), or 3. Failure to enter into either contract will revert the account back to month 2 month at an additional cost of $800 for a total monthly invoice of $1,400 (tariff based), or 4. Should the Council have additional questions or information, this will delay their vote to the October 26, 2010 meeting. To summarize, the very earliest I can get Council buy -in will be on the evening of October 12d'. Depending on Council direction to staff (my office) could delay the Council's vote to the October 26, 2010, meeting. Either way, I will keep you advised as to what Council directs or decides. If any of the above is not accurate, please notify me immediately. Thank you, Patti Kirkpatrick, CMC City Clerk/Asst to the Mayor Administrative Services Director City of Port Orchard 36o-876-7024 360.536.o8o2 (cell) 36o-895-9029 (fax) Budgeting is a black artpracticed by bureaucratic magicians.... David Muchow Please be aware that e-mails which pertain to City business maybe considered public records and may be subject to public disclosure laws. Any information contained in this e-mail message may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this e-mail message in error, please notify the sender via e-mail or telephone at 36o.876.7024. From: Nguyen, Thuyhong[mailto:Thuyhong.Nguyen@gwest.com] Sent: Thursday, September 30, 2010 4:02 PM To: Patricia J. Kirkpatrick; Brandy Rinearson Subject: RE: City of Port Orchard/Qwest - Summary Hi Brandy and Patti, I just got off of the phone with our legal/offer management group and they are honoring the attached for another 5 days. We will need to request this same rate if and when the City decides to go this route after the 60 days you mentioned. Otherwise, the City can decide to pursue the tariff pricing of 1 year, 2 year, 3 year, 4 year, or 5 year rates. The account will be reverted to monthly rates after 30 days and I will request that they not revert this rate back to when the contract expired. Also, as you can see from the below, this topic was mentioned several times and included in my notes below in number 2 back on April 7. Thanks, Twee From: Nguyen, Thuyhong Sent: Wednesday, April 07, 2010 12:06 PM To: 'pkirkpatrick@cityofportorchard.us'; 'Brandy Rinearson' Subject: City of Port Orchard/Qwest - Summary Hi Brandy and Patti, Thanks for inviting me to meet with both of you last Friday. Outline is a BRIEF summary of what we discussed: 1. Difference between a DID# (on an ISDN PRI T1/voice T1) and POTS/Flat business line vs. a DID# used for FAX and a POTS used as FAX line. 2. Renewing the current PRI T1 under the Government rates of $530 MRC for a 5 year term or $500 MRC for a 3 year term - we'll decide after the followup meeting with MikeNince/and Police Chief. 3. Patti and Twee will work on how to get the sales and local city tax waived/exempt. Patti - any info on your end? 4. 411 - Patti and Brandy will put out memo (or speak with Mayor) concernign the directory assitance and 411 usage. 5. Police Chief needs vs. Mayor needs - look into IP Tel phone system (aka VOIP phone system/CPE) for Police Site, PUblic Works (TTY) vs. City Hall (police, court, main office, public works). Police still uses address of 88 Bay ST. Brandy/Patti - Mike and I might be going out on the 15th and not the 13th. I will update when I hear back from Jeff Collins with City of Bremerton. 6. Wiring - might be needed if pulling friber from county, if new system is needed, etc... 7. If new wiring/phone system is needed after Mike/Vince/and Chief of Police meeting, Patti/Brandy will need to work on bond/levy, etc. Also, Patti mentioned of an RFP being needed. Could you please advise on the City's requirement for going out for RFP - dollar amount, language? This might not be needed since most of our contracts have Interlocal language. S. Patti/Brandi - needs to check on maintenance agreement with Commerical Communications - annual, monthly, per call? If possible, please email me or fax me the contract. I believe the phone system is a Vodavi Infinite for all sites - last upgraded about 6 or 7 years ago - we can find this out from Vince or the maintenance contract. 9. Reviewed the difference between nonlisted vs. nonpublished charge. Twee will need to find out the non listed charge on 360-895-3071 account. 10. Check on PAC codes for the Long Distance and enable long distance on the phone that is in the 'conference room". 11. Patti/Brandy - will send Twee the excel sheet detailing usage of fax/etc/hr assignment. I believe I have summarized everything we discussed. Please let me know if I have left any other items off of this list. Thanks, Thuy ('Twee") Nguyen Government & Education Solutions 1600 7th Avenue, 14th Floor Seattle, WA 98121 email: thuvhonc.nouyen@awest.com phone: 206-224-1156 fax: 206-224-1156 QWC 5t 127 a UVNESS This communication is the property of Qwest and may contain confidential or owleged information. Unauthorized use of this communication is strictly prohibited and may be unlawful. If you have received this communication in error, please immediately notify the sender by reply e-mail and destroy all copies of the communication and any attachments. This communication is the property of Qwest and may contain confidential or privileged information. Unauthorized use of this communication is strictly prohibited and may be unlawful. It you have received this communication in error, please immediately notify the sender by reply e-mail and destroy all copies of the communication and any attachments. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 0 FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Business Item Subject: Receiving the Lodging Tax Advisory Committee's Recommendations Meeting Date: October 12, 2010 Prepared by: Patti Kirkpatrick, CMC City Clerk For Distribution of 2oi1 Hotel/Motel Atty Routing No: Tax Funds Atty Review Date: NA NA Summary: The Lodging Tax Advisory Committee (LTAC) met on September 16, 2olo and September 23, 2010, to review and make recommendations for the 2o11 Hotel/Motel tax revenues. The Committee is appointed by the Mayor and confirmed by the Council and is comprised of three hoteliers and three funding recipients. The City Treasurer projected 2011 Hotel/Motel tax revenues to be at $71,000, which is slightly higher than the 2010 projection of $62,000. The Committee, after careful consideration and based upon the proposed allocated funding, chose to provide funding to all recipients. A copy of the Lodging Tax Advisory Committee's recommendation is attached for your review. The Council will not be making any decisions tonight as to the approval of the funding recommendations as that is done during the budget process. Rather, the action tonight is to just acknowledge receipt of the Lodging Tax Advisory Committee's recommendation. Recommendation: Staff recommends the Council accept receipt of the Lodging Tax Advisory Committee's recommendation for distribution of 2011 Hotel/Motel tax funds. Motion for consideration: I move to accept receipt of the Lodging Tax Advisory Committee's recommendation for distribution of 2o11 Hotel/Motel tax funds. Fiscal Impact: Allocated dollars are taxes received from the Hotels, Motels, and Bed and Breakfasts within the City limits. There is no direct fiscal impact on the City. Alternatives: Modify the Committee's recommendations. Attachments: 2011 LTAC Funding requests and recommendations CITY OF PORT ORCHARD City Clerk 216 Prospect Street, Port Orchard, WA 98366 Voice: (36o) 876 4407 •Fax: (360) 895 9029 pkirkpatrick@cityofportorchard.us www.cityofportorchard.us TO: City Council FROM: Port Orchard Lodging Tax Advisory Committee (LTAC) RE: Recommendation of 2011 Lodging Tax Allocation DATE: October 4, 2010 Committee Members: Chair Fred Chang, Chan Park, Comfort Inn, Heather Cole, Hidden Treasures Bed and Breakfast, Al Mahaney, Fathom O'Fun, John Ready, Port Orchard Bay Street Association. Absent were Stephen Saffel, Days Inn and Brian Sauer, Port of Bremerton. Staff present: City Clerk Patti Kirkpatrick. The City of Port Orchard Lodging Tax Advisory Board met on September 30, 2010, at City Hall, at 1:00 p.m. The City Treasurer projected the lodging tax revenues for the 2011 budget year at $71,000. Based upon that figure, the LTAC would have $71,000, to distribute among the 2011 applicants. Based upon the City Treasurer's projected 2011 budget year Lodging Tax Revenue of $71,000, the Lodging Tax Advisory Board makes the following funding recommendations: 2011 Lodging Tax Request Recommendation % Cedar Cove Days $11,500 $ 6,390 9% Festival of Chimes and Lights $10,000 $ 3,550 5% City ED-Tourism Committee $ 7,500 $ 3,550 5% City — Waterfront Restrooms $ 0.00 $ 0.00 City — Police Department $ 0.00 $ 0.00 Fathoms O'Fun Festival $10,000 $ 8,520 12% Fathoms O'Fun — Concerts by the Bay $ 5,000 $ 4,970 7% Foot Ferry $ 3,000 $ 2,840 4% Kitsap Visitor Convention Bureau $20,000 $ 7,100 10% Port of Bremerton $ 1,000 $ 1,065 2% Port of Bremerton — Kitsap Harbor Festival $ 7,350 $ 2,840 4% Port Orchard Chamber of Commerce $23,976 $15,620 22% Port Orchard Bay Street Association $ 9,100 $ 7,100 10% Saints Car Club — The Cruz $ 2,100 $ 1,775 3% Sidney Museum and Arts Association $13,000 $ 4,970 7% Totals: $132,983 $70,290 100% It should be noted that the City Treasurer did not project a "Cash" reserve to carry over into the 2011 funding cycle. Committee members discussed the purpose of Lodging Tax Revenue funding, changes to the requirements for eligibility to receive funding, and allowable uses of the monies. Lodging tax revenues are to be used for "tourism promotion" that will attract "out of town visitors" or "tourism -related facility acquisition and operation" (RCW 67.28.1815). 2011 BUDGET NARRATIVE PORT ORCHARD, WASHINGTON Page 1 of 3 The following are summaries of the Committee's review and recommendations for the 2011 funding allocations: Cedar Cove Days: Cedar Cove Association requested funding in 2009 to promote a four -day arts and literary festival in August 2009. Cedar Cove Association is looking to hold another four -day art and literary festival in August 2011 and their funding request is $11,500. Recommended allocation: $7,100 (9%) City of Port Orchard — Festival of Chimes and Lights: Festival of Chimes and Lights requested funding for advertising and promotion of the Festival including newspaper and print media, brochures, flyers, posters, and banners. Total request was for $10,000. 4• Recommended allocation: $3,550 (5%) City of Port Orchard — Tourism Committee: The Port Orchard Tourism Committee submitted a request to promote easy access to local business that caters to family -related recreation and tourism. The requested funding amount is $7,500. 4• Recommended allocation: $3,550 (5%) Fathoms O'Fun Festival: Fathoms O'Fun Festival requested funding for 2010 to promote family recreational activities that attract and benefit local and regional residents as well as visitors from throughout the state, the country and internationally. Fathoms O'Fun Festival's funding request is for $10,000. Recommended allocation: $8,520 (12%) Committee members agreed Fathoms provided advertising to out of town communities and supported their efforts. Fathoms O'Fun — Concerts by the Bay Committee: Fathoms O'Fun Festival requested funding for 2010 to promote free family concerts that attract and benefit local and regional residents as well as visitors from throughout the state, the country and internationally. Fathoms O'Fun Festival's funding request is for $5,000. Recommended allocation: $4,970 (7%) Foot Ferry Festival Sunday Service: On behalf of the City Council, the City Clerk has worked with the City of Bremerton, the Port of Bremerton, and the Kitsap Harbor Tours to provide foot ferry services on festival and event days that occur on Sundays. This is the third year for this partnership, which has been very successful over the past two years. Each year, the City supports its one-third share from Lodging Tax revenues and the funding request is for $3,000. •? Recommended allocation: $2,840 (4%) 2011 BUDGET NARRATIVE PORT ORCHARD, WASHINGTON Page 2 of 3 Kitsap Peninsula Visitor & Convention Bureau: The KPVCB submitted requested funding for effectively marketing Port Orchard and the Kitsap Peninsula as a premier Puget Sound tourist destination. The requested funding amount is $20,000. Recommended allocation: $7,100 (10%) Port of Bremerton: The Port of Bremerton submitted a request for $1,000 for advertising promotion for "Welcome to Port Orchard" canvas totes, which were filled with local merchant coupons and discounts and given to visiting boaters. Recommended allocation: $1,065 (2%) Port of Bremerton/Kitsau Harbor Festival: The Port of Bremerton submitted a request for $7,350 for advertising promotion for an annual festival promoting tourism in Kitsap County, including Port Orchard. ❖ Recommended allocation: $2,840 (4%) Port Orchard Chamber of Commerce: The Chamber of Commerce submitted a request to focus tourism efforts of established tourism events/festivals; increased distribution of consumer/tourism response packets and a more efficient tourism response phone system; design and production of a brochure promoting Port Orchard as a destination; and general media promotion of Port Orchard. The requested funding amount is $23,976. Recommended allocation: $15,620 (22%) Port Orchard Bay Street Association: Bay Street Association requested increased funding for 2011 which will include the Boating Season Kickoff and the Downtown Waterfront Art Walk for advertising and brochures. Bay Street Associations' funding request is $9,100, which is up from their 2010 request of $8,615. Recommended allocation: $7,100(10%) Saints Car Club — The Cruz: Saints Car Club submitted a request to support the annual "Cruz" car show. The requested funding amount is $2,100. Recommended allocation: $1,775 (3%) Sidney Museum and Arts Association: Sidney Museum and Arts Association submitted a request to increase publicity to increase tourism in Port Orchard through visits to the Sidney Gallery and Museums. The requested funding amount is $13.000. Recommended allocation: $4,970 (7%) 2011 BUDGET NARRATIVE PORT ORCHARD, WASHINGTON Page 3 of 3