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RES NO. 2018-24 AMENDING THE 2018 FEE SCHEDULE TO UPDATE FEES FOR OBTAINING PUBLIC RECORDSRESOLUTION NO. 2018-24 A RESOLUTION of the City Council of Bainbridge Island, Washington, amending the City's Fee Schedule to update fees related to requests for public records. WHEREAS, Washington State's Public Records Act ("PRA"), Chapter 42.56 RCW, allows the public to request public records from the City; and WHEREAS, while the PRA precludes the City from charging a fee for inspecting or locating public records, it does allow the City to charge a reasonable fee for the copying of records; and WHEREAS, since the PRA's adoption in 1972, the use of technology has resulted in many public records being stored in an electronic format for which a copying fee was not originally expressly authorized; and WHEREAS, in 2017, the Washington State Legislature passed Engrossed House Bill ("EHB") 1595, authorizing a small fee for providing electronically produced copies of records and a customized service charge for requests that require staff with information technology expertise to prepare data compilations or provide customized electronic access; and WHEREAS, Section 3 of EHB 1595, codified at RCW 42.56.120, permits the City to impose the actual cost of providing records, to impose statutory default fees, or to adopt a one-time flat fee of up to $2.00 for each request; and WHEREAS, to charge the actual cost of providing records, RCW 42.56.120 would require the City to undertake a study to identify the actual costs incurred in providing records, which would need to outline the factors and manner the City used to determine actual costs; and WHEREAS, the City has determined that such a study calculating actual costs would be unduly burdensome for the reasons set forth in the City's Public Records Administrative Rules and in WAC 44-14-070(3); and WHEREAS, the City instead desires to assess the statutory default fees for providing public records; and WHEREAS, an amendment is needed to incorporate these default fees into the City's Fee Schedule; and WHEREAS, on January 23, 2018, the City Council passed Resolution No. 2018- 01, adopting the City's Fee Schedule; and Page 1 of 4 WHEREAS, the City Council last amended the City's Fee Schedule on July 10, 2018, through the passage of Resolution No. 2018-20. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND DOES RESOLVE AS FOLLOWS: Section 1. Section 3, Copy Fees, of the City's Fee Schedule is amended to read as follows: 3. COPY FEES (Resolution Nos. 2011-15,2016-10, wtd 2017-01, and 2018-24) A. PUBLIC RECORDS FEES INSPECTION OF RECORDS (Inspection of records on the City's website or scheduled at Ci�y Hall} MISCELLANEOUS PAPER COPIES OF RECORDS (viaek and hire, 8.5" X 14" 11" x 17" or smaller, double -sided or single -sided I I" x 17 7 black and white eepies No fee $0.15 per page (First 10 pages free). 7 4;0.0 per ., .de on 2 sided eepies OUTSOURCED COPIES OR SCANS OF RECORDS Actual cost Outside vendors can be used for unusual formats large quantities, or when a requester asks for delivery of copies faster than the City can process} ELECTRONIC MED! RECORDS PORTAL, R -P TEI �DISC, DVD, ChCLT DRIVE, ETC .\ $5.00 earah (For eleetmnie copies of meer-ds emeeeding 100 pages irYstaliffient or- -25 MB, audio r-eeerdings and video feeer-dings-. Flash drives to be "u- by scar. qrj Public Records Portal or Email $.10 per gigabyte ($0.00 if < 1 QRj- and $.05 Per every 4 records ($0.00 if < 4 records) Page 2 of 4 Digital Storage Devices (E.g., records are copied too tical storage devices, such as a CD or DVD, or a flash drive) Scans (A per -page charge for converting a record from a pqper copy to an electronic Format MAILING PHYSICAL RECORDS OR STORAGE DEVICES CUSTOMIZED SERVICE (Data compilations prepared as a customized service. Cost is in addition to copy fees above CLERK CERTIFICATION Actual cost $.10 per gage (single or double -sided} Actual cost of postage and container/envelope Actual cost $1.00 per document Copv charges above may be combined to the extent more than one tvpe of charge applies to copies released in response to a particular request. For large requests, the City may take one or more of the following actions: re uire a deposit of 10 percent of the estimated copying costs before making copies; provide copies in installments; or require payment before providing further installments. B. FINGERPRINTS (Ordinance No. 92-24) $10.00 C. CUSTOMIZED GIS MAPS AND CAD DATASET QUERIES Custom maps, or any other kind of GIS work (spatial queries) are available at a $43.00 per hour cost, and will be pro -rated to the nearest'/4 hour. If printed copies are requested, they will be additionally charged at the materials cost detailed below. Internal, or other agency requests that are part of ongoing City -sponsored work are not charged. Commonly requested maps are available for download (at no charge) in a PDF format from the City website. Printed materials are charged per square foot. Following are standard sheet sizes and the associated cost. 18" x 24" $ 7.00 24" x 36" $14.00 28" x 40" $18.00 36" x 48" $28.00 36" x 60" $35.00 Page 3 of 4 PASSED by the City Council this 27th day of November, 2018. APPROVED by the Mayor this 27th day of November, 2018. Kol Medina, Mayor ATTEST/AUTHENTICATE: Iristine Brown, Jerk FILED WITH THE CITY CLERK: November 9, 2018 PASSED BY THE CITY COUNCIL: November 27, 2018 RESOLUTION NO. 2018-24 Page 4 of 4