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HomeMy WebLinkAbout12/29/04 AGENDA FILE CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 c~ (360) 473-5280 c~ Fax (360) 473-5251 DECEMBER 29, 2004 CITY COUNCIL MEETING AGENDA 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in COUNCIL CHAMBERS LOCATED ON FIRST FLOOR A. Pledge of Allegiance B. Invocation 3. PUBLIC SERVICE ANNOUNCEMENTS 4. CONSENT AGENDA ~_._. A. Claims & Check Register (#AB04-267) B. Professional Services Agreement with the Bremerton School District for funding a full-time School Resource Officer (#AB04-268) C. Bremerton Housing Authority (BHA) 2004 Contract Addendum; and 2005 Contract for Supplemental Police Services with the City of Bremerton Police Department (#AB04~269) D. Pumhase of Property Insurance from Affiliated FM Insurance Company for 2005 (#AB04-270) 5. NEW BUSINESS - There are no NEW BUSINESS items scheduled... 6. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS A. Ordinance No. 4926 [Second Reading] authorizing Kitsap County Consolidated Housing Authority (KCCHA) to exemise powers of a Public Development Authority (#AB04-265) 7. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING CITY COUNCIL STUDY SESSION Immediately following the City Council Meeting, the Council Members will reconvene in COUNCIL CONFERENCE ROOM 603 for a I £G/$L~ T/VE REWEW MEETING to hear presentations on the following proposed items. Please note that no action will be taken, and the content of these items are subject to change... 1. Ordinance amending BMC Chapter 10.13 relating to fines for violating provisions relating to motorized wheeled transportation devices - Brett Vinson, Assistant City Attorney 2. Resolution accepting annexation proposal from Charles Cash, Virginia Cash, and Seattle Realty, Inc. - Chris Hugo, Community Development Director 3. Information Item Only - Discussion regarding Council Officer Elections [] Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. DATE SUBM!TTED: BILL ~: ~7/~ ---_....Q4~, 7 AGENDA BILL ' CITY OF BREMERTON CITY COUNCIL q ~k SUBJECT: Approval of Claims and Checks Committee Meeting Date: Register COL~ICIL MEETING Date: ~a'~ ,~, ~'~. Department: Finm~cial Services Presenter: Cathy Jotmson Phone: 473-5296 SUMMARY: Consent agenda item. Approval of payroll, checks and electronic ftmd transfers. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount):. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FiNANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: CONSENT AGENDA [] COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to Approve: 1) Check #'s ,~?~*,~'"~ through~P/t~Z:~and EFT's ~'~ through inthe amount orS 2) Regular Payroll for the pay period ending in the amount of $ 3) Retiree Payroll for the pay period ending //,~- ~/~ ~,/r/ in the anaount ors COUNCIL ACTION: ~Approve [] Deny [] Table [] Continue [] No Action DATE SUBMITTED: November 22, 2004 BILL # 0 ~- oq,(a AGENDA BILL C1TY OF BREMERTON q 8 CITY COUNCIL SUBJECT: School Resource Officer Committee Meeting Date: 12-22-2004 Professional Service Agreement with the COUNCIL MEETING Date: 12-29-2004 Bremerton School District Department: Police Presenter: Lt. Jim Burchett Phone: 473-5277 SUMMARY: The City of Bremerton Police Department is providing a full-time School Resource Officer to assist faculty, staff, students and families at Bremerton High School, Junior High School and Mountain View Middle School. The Bremerton School District is funding $23,625.00 from September 1, 2004 to August 31, 2005 towards the cost of the SRO. ATTACHMENTS: Professional Service Agreement FISCAL IMPACTS (Include Budgeted Amount): $23,625.00 in revenue will be paid to the general fund and a full-time dedicated police officer serves as an SRO. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: ~ .-~ CONSENT AGENDA FISCAIdBUDGET: OPERATIONS: cou cm PRESrOENT: RECOMMENDED MOTION: Move to approve the Professional Service Agreement with the Bremerton School District for funding a full-time School Resource Officer and authorize the Mayor to execute in substantially the same form the proposed agreement. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 1 PROFESSIONAL SERVICES AGREEMENT Year 1 - September 1, 2004 through August 31, 2005 The City of Bremerton ("City") and the Bremerton School District 100-C ("District"), referred to collectively as the "Parties," enter into the following Agreement for security services: I. Scope: City will provide a full-time School Resource Officer (SRO) to assist faculty, staff, students, and families at Bremerton High School, Bremerton Junior High School and Mountain View Middle School. Assistance at other Bremerton Schools will depend upon the availability of the SRO. The SRO, along with the Chief of Police or his designee, will work with the District and building administrators to provide a positive, safe environment for students and employees. City officials will work with the District to plan and carry out in-services for staff which will help staff learn to identify safety risks and learn appropriate responses in unsafe situations. The SRO will work with individual students and groups of students to encourage positive behavioral choices. The SRO will at all times follow the procedures laid out by building principals. District and SRO will work closely to plan and implement specific activities designed to improve student behavioral choices at each site. All parties agree to meet together on a regularly scheduled basis. II. Term: This Agreement shall be effective September 1, 2004 through August 31, 2005. School calendar dates attached as Exhibit "A". III. Compensation: In consideration of the services provided pursuant to this Agreement, the District shall pay City of Bremerton Treasurer Twenty Three Thousand Six Hundred Twenty Five Dollars ($23,625) per year. The City Treasurer will invoice District monthly in the amount of One Thousand Nine Hundred Sixty Eight Dollars and Seventy Five Cents ($1,968.75) from September 1, 2004 through August 31, 2005. This Agreement shall not exceed Twenty Three Thousand Six Hundred Twenty Five Dollars ($23,625) per year. IV. Relationship of Parties: SRO is an employee of the City of Bremerton Police Department and will answer to the Police Chief. V. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. VI. Nondiscrimination: City shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability. VII. Termination: This Agreement may be terminated without cause at any time by mutual agreement of the parties hereto, or by either party after 30 days following the other party's receipt of a written intent to terminate. School Resource Officer Page 1 of 3 Each party shall have the right to cancel and immediately terminate this agreement without prior notice upon breach of the agreement by the other party. VIII. Indemnification: The School District shall defend, indemnify and hold harmless the City and its officers, agents and employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, arising out of any act or omission of the School District, its officers, agents, and employees or any of them relating to or arising out of the performance of the agreement; however, the School District shall not defend, indemnify or hold the City harmless from any claims, actions or suits for injury, damage or loss of any kind caused by either intentional act(s) or the sole negligence of the City, its officers, agents and employees, or any of them. In any action which the School District defends the City, the School District shall have the right to select counsel; however, the City may associate additional counsel at the City's own expense. If final judgment be rendered against the City and the School District and their respective officers, agents and employees, or any of them, the School District shall satisfy the same; however, in the event that the final judgment contains any award for injury, damage or loss of any kind caused by the intentional act(s) or the sole negligence of the City, its officers, agents and employees, or any of them, the City shall pay that portion of the judgment. In executing this agreement, the City does not assume liability or responsibility for, or in any way release the School District from any liability or responsibility which arises in whole or in part from the existence or effect of School District policies, roles or regulations. If any cause, claim, suit, action, or administrative proceeding is commenced, in which the enforceability and/or validity of any such School District policy, rule or regulation is at issue, the School District shall defend the same at its sole expense and if judgment is entered or damages are awarded against the School District, the City or both, the School District shall satisfy the same, including all chargeable costs and attomey's fees. The City shall defend, indemnify and hold harmless the School District and its officers, directors, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, out of any act or omission of the City, its officers, agents and employees, or any of them in the performance of this agreement; however, the City shall not defend, indemnify or hold the School District harmless from any claims, actions or suits for injury, damage or loss of any kind caused by either intentional act(s) or the sole negligence of the School District, its officers, directors, agents and employees or any of them. In any action which the City defends the School District, the City shall have the right to select counsel; however, the School District may associate additional counsel at the School District's own expense. If final judgment contains any award for injury or loss of any kind caused by the intentional act(s) or the sole negligence of the School District, its officers, directors, agents and employees or any of them, the School District shall pay that portion of the judgment. School Resource Officer Page 2 of 3 3 IX. Venue Stipulation: This agreement shall be construed as having been made and delivered with the State of Washington, and the laws of the State of Washington shall be applicable to its construction and enforcement. Any action at law, suit in equity, or judicial proceeding for the enforcement of this agreement or any provision hereto shall be instituted in Kitsap County, Washington. CITY OF BREMERTON BREMERTON SCHOOL DISTRICT 100-C Cary Bozeman, Mayor Date Dr. Elizabeth Hyde, Superintendent Date Rob Forbes, Police Chief Date Board Member Date Roger A. Lubovich, City Attorney Date R:~LEGAL\Con tracts~PoIice~B rem School Dist 2004-2005.doc School Resource Officer Page 3 of 3 4 Bremerton School District Page 1 of 1 BREMERTON SCHOOL DISTRICT 10042; FINAL SCHOOL CALENDAR 200412005 t. ..../i ......... ~ .... ,.. .... h,..1 .... /~-alonclar/anmml calendar btm 11/16/2004 DATE SUBMITTED: November 15, 2004 BILL #_ Dc{ ~ ~ AGENDA BILL CITY OF BREMERTON q ~ CITY COUNCIL SUBJECT: Bremerton Housing Authority Committee Meeting Date: 12-22-2004 Contract for Supplemental Police Services COUNCIL MEETING Date: 12-29-2004 with the City of Bmmerton Police Department: Police Department Presenter: Lt. Greg Rawlins Phone: 473-5277 SUMMARY: The City of Bremerton Police Department has a contract with the Bmmerton Housing Authority to provide police service for the Westpark Housing development. There is a contract addendum that extends the existing 2004 contract two months for October and November 2004. The services are identified in the addendum and the extension will not exceed $23,040.00. Secondly, the 2004 contract was rewritten and updated to meet BHA grant and community policing requirements. The 2005 contract identifies staffing levels, financial terms and specific services. The contract is for one year. ATTACHMENTS: Contract Addendum for Supplemental Police Services and 2005 Contract for Supplemental Police Services FISCAL IMPACTS (Include Budgeted Amount): The Bremerton Police Department dedicates one Patrol officer to support the contract for one year. The BHA funds the full-time officer and services according to the contract. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: RECOMMENDED MOTION: Move to approve~t~e 2004 contract addendum with the Bremerton Housing Authority to support community policing in Westpark Housing and authorize the Mayor to finalize and execute the contract addendum with substantially the same terms and conditions as contained in the proposed agreement. Second motion: Move to approve the 2005 service contract with the Bremerton Housing Authority to support community policing in Westpark Housing and authorize the Mayor to finalize and execute the contract addendum with substantially the same terms and conditions as contained in the proposed agreement. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action CONTRACT ADDENDUM FOR SUPPLEMENTAL POLICE SERVICES The Housing Authority of the City of Bremerton ("BHA") and the City of Bremerton and the Bremerton Police Department ("City"), referred to collectively as the "Parties", entered into a Contract for Supplemental Police Services ("Contract") as of November 1, 2003 for a term of eleven months, terminating on September 30, 2004. Pursuant to Section IX, §D of the Contract, BHA and the City elects to modify the Contract by extending the supplemental police services as of August 1, 2004, for a term of two months. BHA recognizes the need to increase the police presence in the Westpark public housing development. The extended contract will apply to the overtime salary for the Westpark Community Officer and other Officers from the City. The City will provide the following professional services: 1. Supplemental bike patrols operating with two person teams in four-hour shifts, three times per week. 2. Supplemental Special Operations Groups (SOG) patrols operating with the entire team of six persons in four-hour shifts, every other week. 3. Two emphasis patrols consisting of four to six bicycle officers, scheduled for August 3, 2004 (National Night Out) and another in early September. 4. Overtime for the Westpark Community Officer to support special projects. The extension of the supplemental services will not exceed $23,040.00 in total. The parties hereby expand the scope of work of the Contract for a period of two months, beginning August 1, 2004 and ending September 30, 2004. All other terms and conditions of the Contract will remain in full force and effect. CITY OF BREMERT~~ BREMERTON HOUSING AUTHORITY ~o~~m,~r/~ ~y: ~ By: ' ~ Merrill '~allace II, Executive Director Robert D. Forbes, Chief~fPolice APPROVED AS TO FORM: Roger A. Lubovich, City Attorney RECEIVED FOR FILING: By: Paula Johnston, City Clerk CONTRACT FOR SUPPLEMENTAL POLICE SERVICES The Housing Authority of the City of Bremerton ("BHA') and the City of Bremerton ("City"), referred to collectively' as the "Parties," enter into the following Agreement for professional services: I. Scope: The City agrees to perform the services more specifically described in the Scope of Work, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section IX.G. of this Agreement. If BHA desires services not specified in the Scope of Work, then the parties, by letter agreement signed by both parties, may add the additional services to the Scope of Work, and adjust the compensation, if appropriate. II. Term: This Agreement commences on October 1, 2004, and terminates on September 30, 2005 unless another date is substituted pursuant to Sections IX.F. or VIII. III. Compensation: In consideration of the services provided pursuant to this Agreement, BHA shall pay City $60,605.88 ($4,956.38 x 3 months- October 1 to December 31, 2004, $5,081.86 x 9 months- Jan 1, to September 30, 2005). BHA shall pay City an additional $11,000.00 for extended supplemental services as outlined in Subsection 4 under the Section of Illustrative Tasks in the Scope of Work of Exhibit A. City shall submit monthly billing statements. Upon receipt of a conforming monthly billing statement, the BHA shall promptly process payment. City shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. City shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be adjusted, if appropriate, and specified by letter agreement signed by both parties. If a billing statement does not conform to this Agreement, BHA may withhold payment until the statement is reconciled. Such withholding does not relieve City of its obligations under this Agreement. IV. Relationship of Parties: City represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. City and its personnel are independent contractors and not employees of BHA. City and its personnel have no authority to bind the BHA or to control the BHA's employees and other Consultants. None of the benefits provided by BHA to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from BHA to the employees, agents, representatives, or sub-Consultants of the City. City will be solely and entirely responsible for its acts and for the acts of City's agents, employees, representatives, and sub-Consultants during the performance of this Agreement. Page 1 of 12 9 BHA shall have the right, with reasonable cause, to have a different officer assi~ned to the position. Reasonable cause shall be the failure to provide the level of service BHA reasonably expects on all categories in the Scope of Work. As an independent Contractor, Contractor is responsible for its own management. The BHA's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over City or its personnel. As an independent contractor, City is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. Failure of the contractor to fully comply with tax and licensing requirements will be considered a material breach of contract and at the option of BHA will be cause for such action as may be available by law including termination of the contract. V. Indemnification: BHA shall protect, defend, indemnify, and hold harmless the City, its officers, officials, employees, and agents, from any and all claims, demands, suits, penalties, losses, damages, judgments, attorneys' fees, and/or costs of any kind whatsoever, arising out of or in any way resulting from acts or omissions of the BHA, its officers, employees, agents, and/or subcontractors. The City shall protect, defend, indemnify, and hold harmless BHA, its officers, officials, employees, and agents, from any and all claims, demands, suits, penalties, losses, damages, judgments, attorneys' fees, and/or costs of any kind whatsoever, arising out of or in any way resulting from acts or omissions of the City, its officers, employees, agents, and/or subcontractors. If a claim is made that both parties are responsible for all or a portion of damages alleged to have been sustained as a result of acts or omissions of the parties hereto, then the above referenced indemnity and hold harmless provisions shall apply only to the extent of the proportion of liability attributable to the indemnifying party. If liability is not or cannot be apportioned, then the parties shall be responsible for their own costs and attorneys fees incurred in the matter and shall indemnify and hold the other party harmless for one half of any amount awarded by the Court or other decision making body with jurisdiction as a result of the alleged acts or omissions. Except for damages caused by the sole negligence of the City, the provisions of the proceeding paragraph not withstanding, BHA's obligation under this section shall include, but not be limited to, the duty to promptly accept tenders of defense and provide defense to the City at BHA's expense. VI. Insurance: Prior to the conunencement date of this Agreement, City shall provide Certificates of Insurance to the BHA's Risk Manager verifying the following coverage: 1) a professional liability policy ("E&O") providing coverage of $2,000,000 per occurrence for errors and omissions committed by City while performing its obligations under this Agreement, and 2) a comprehensive general liability ("CGL") policy providing coverage of at least $2,000,000 per Page 2 o f 12 10 occurrence and including bodily injury and property damage. Both policies shall remain in full force and effect, and provide coverage for the full term of this Ageement. Insurer shall provide the Risk Manager with 30 days' written notice of any cancellation or change of coverage of either policy. VI1. Nondiscrimination: City shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. VIII. Termination: This Agreement may be terminated, at will, by either Party upon sixty (60) days notice to the other Party. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Notice by BHA shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If BHA receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is canceled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, BHA may summarily terminate this Agreement. Termination shall be effective ten calendar days after City's receipt of the written notice by certified mail. A. Excusable Delays: The right of City to proceed shall not be terminated nor shall City be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of BHA, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the City, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the City must promptly notify BHA within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, BI-IA shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, BHA shall pay for all services performed by the City to the effective date of termination, as described on a final invoice submitted to BHA. After termination, BHA may take possession of all records and data within the City's possession pertaining to this project which may be used by BHA without restriction. Any such use not related to the project which City was contracted to perform shall be without liability or legal exposure to the City. Page 3 of 12 11 IX. General Conditions: A. Reports and Information: When requested by BHA, City shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. City shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: ©riginal documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of BHA. All written information submitted by BHA to the City in connection with the services performed by the City under this Agreement will be safeguarded by the City to at least the same extent as the City safeguards like information relating to its own business. If such information is publicly available or is already in City's possession or known to it, or is ri~tfully obtained by the City from third parties, City shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents, and files created by City under this Agreement may be stored at City's office in Bremerton, Washington. City shall make such data, documents, and files available to BHA upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as BHA is capable of storing such information in the BHA's offices. Duplicate copies of this information shall be provided to BHA upon its request, and at reasonable cost. Ail documents, including all reports, drawings, specifications, computer sof~are or other items prepared or furnished by City pursuant to this Agreement, are instr~ncnts of service with respect to the project and are the property of BHA. Any reuse by BHA for other than the specific purpose intended will be at BHA's sole risk. C. City to Maintain Records to Support Independent Contract Stat~s: On the effective date of this Agreement (or shortly therea~cr), City shall: 1. File a schedule of expenses with the Internal Revenue Service for the type of business City conducts; 2. Establish an account with the Washington State Department of Revenue and other necessary state agencies for the payment of all state taxes normally paid by employers, register to receive a unified business identifier number from the State of Washington; and 3. Maintain a separate set of books and records that reflect all items of income and expenses of City's business, all as described in the Revised Code of Washington (RCW) Section 51.08.195, as required to show that the services performed by City under this Agreement shall not give rise to an employer-employee relationship between the parties which is subject to RCW Title 51, Industrial Insurance. D. Work Performed at City's Risk: City shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subconsultants in the performance of the Page 4 of 12 12 work hereunder and shall utilize all protection necessary for that purpose. All ~vork shall be done at City's own risk, and City shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Contractor shall perform the work authorized under this Agreement at its office in the Westpark Community Center, 76 Russell Road, Bremerton, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the Westpark Community Center office, or at locations mutually agreed upon by the parties. F. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. G. Modification: This Agreement may only be modified by written instrument signed by both Parties. H. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. BHA Address City Address Bremerton Housing Authority City of Bremerton 110 Russell Road Police Department Bremerton, WA 98312 239 Fourth Street Bremerton, WA 98337 I. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. J. Non-Waiver of Breach: The failure of BHA to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. K. Compliance with Laws: City shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. M. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. Page 5 of 12 EXHIBIT A SCOPE OF WORK To enforce the law and assure that unlawful activity, including drug-related crimes in and around housing owned or managed by BHA is identified, reported, monitored, and tracked. To support the goals and objectives of the BHA and the residents of the Westpark Housing development in the prevention of crime and the elimination of drug-related criminal activity. SUMMARY OF CONTRACTED SERVICES TO BE PROVIDED BY BPD 1. Provide a conwnissioned and qualified Police Officer to the Westpark Housing development to deliver supplemental law enforcement services for a period of one (1) year, which may be extended. 2. Provide information required to compile data for criminal analysis and statistical reports for the City of Bremerton and Westpark specific. 3. Cooperate to the fullest extent possible with other law enforcement and governmental agencies and the BHA to achieve the goals and meet the objectives as stated in the Scope of Work. 4. All of the above ~vill occur in addition to the baseline services already afforded to the residents of the City of Bremerton as outlined in Attachment A: "BPD Baseline Services." 5. Provide extended supplemental services during the summer months for increased coverage and special projects. ILLUSTRATIVE TASKS 1. Liaison with BHA and residents of the Westpark Housing Development. a. Attend and participate in meetings when required. b. Document and forward all reports of criminal activity in Westpark to the BHA in a timely manner. c. Keep the Director of Housing or his/her representative informed of all investigations as appropriate. d. Maintain a filing system for confidential documentation in strict compliance with local, state, and federal laws. e. Periodically inspect building exterior and fencing for physical security and safety in Westpark and prepare a report of all findings. Page 7 of 12 14 f. Participate in the Washington Law Enforcement Exploring Advisors (WLEEA) program as a mentor to participants and promote the program within the community. 2. Program Reporting. a, Prepare and provide progress reports to BHA, b. Monitor and track all expenditures and accomplishments of supplemental activities. c. Provide crime statistics and other related data for program reporting purposes. 3. Supplemental Services. a. Address the following activities: i. Drags and Gangs ii. Criminal Prosecution iii.Organized Crime iv, Domestic Violence b. Develop Scope of Work for all supplemental activities needed. c. Obtain appropriate authorization and approval from BHA. d. Monitor performance of supplemental activities to ensure goals are being achieved. e. Review and approve monthly payment requests. f. Negotiate contracts for additional services. g. Respond to calls if patrol officer is not available. The patrol officer is to be the primary point of contact for calls; responding to calls is not the sole responsibility of the contracted Westpark officer. 4. Extended Supplemental Services During Summer Months a. Supplemental bike patrols operating with two person teams in four-hour sh/fts, three times per week. b. Supplemental Special Operations Groups (SOG) patrols operating with the entire team of six persons in four-hour shifts, every other week. c. Two emphasis patrols consisting of four to six bicycle officers. d. Overtime for the Westpark Community Officer to support special projects. Page 8 of 12 15 5, Investigations. a. Investigate all reports of unlawful activity, including all calls taken outside of the hours at the Westpark Community Center. b. Prepare comprehensive detailed reports on all investigations. c. Maintain detailed files on investigations. d. Maintain monitoring and tracking logs of all investigations. e. Perform special inspection of public housing units when reports of illegal activity have been reported or suspected. 6. Hearings. a. Attend all hearings to present Housing Authority findings. 7. Evictions. a. Serve Summons and Complaints for Unlawful Detainers on tenants. b. Represent Housing Authority interests in court. c. Coordinate all physical evictions with Sheriffs Department. 8. Resident Education. a. Circulate information to residents about security and safety. b. Coordinate and attend resident safety and block watch meetings. 9. Miscellaneous Functions. a. Special projects as assigned by BHA and agreed to by BPD. 10. Service Objective - Responsibilities to the Public. a. Courteous and respectful. b. Responsive to requests. 11. Organization Improvement. a. Commitment to a philosophy of quality. b. Display initiative to resolve problems. c. Cost-effective use of the orgm~izations resources. Page 9 of 12 16 BHA, in its efforts to support and promote a good working relationship with BPD will provide the following support: 1. Provide office space and meeting rooms as required for the implementation of this enforcement effort. 2. Cooperate to the fullest extent possible with BPD and other judicial, governmental, and law enforcement agencies. PROGRAM EVALUATION City and BHA will jointly develop and utilize an effective assessment tool for evaluating contract compliance and overall performance. A performance assessment and compliance review will be conducted quarterly by both BHA and City or as may be necessary, to identify areas of concern. Page 10 of 12 17 ATTACHMENT A BPD BASELINE Baseline Services to Public Housing U.S. Department of Housing Residents by Local Law Enforcement and Urban Development Agencies Current law enforcement baseline police services are defined, but may not be limited to, as the ordinary and routine police services provided to the residents of public housing developments as a result of the overall, city/county-wide deployment of police resources to respond to crime and other public safety incidents, including 911 communications, processing of calls for services, routine patrol, police officer response to calls for service, and investigative follow-up of criminal activity. The actual or estimated time spent on supporting basic patrol and investigative services by administrative and technical personnel may be included in baseline services. The Westpark Officer will not be involved in baseline services unless available to assist the area unit that provides the baseline services. The Westpark Officer will respond to Priority One and Two calls (defined below) with the area unit and will assist in Priority Three, Four, and Five calls when available. Current and Supplemental Law Enforcement Services for Public Housing Residents Police Services Provided to Current Hours Proposed Hours Above Public Housing Residents (Baseline Services) Baseline Patrol Services 1700 1490 Criminal Investigations 400 0 Specialized Units 200 361 Traffic (if applicable) 400 400 Arrests & Processing 1100 1194 Court Time 100 100 Dispatch Support 288 0 Records Support 150 0 Hiring & Training 100 0 Administrative Time 520 0 Other 200 0 Total Time 5158 3545 PRIORITY 1: IMMEDIATE LIFE THREAT Precedence is usually assigned when speed of arrival may be a matter of life or death. To aid chances for suspect apprehension, it will also be assigned to felony crimes or violent crimes involving a weapon that have occurred within the past five minutes. It is not assigned lightly because in most cases, the Page 11 of i2 18 responding field personnel are placing their lives in jeopardy in ma emergency lights-and-sirens mn through the streets. It should be empt~asized that the decision to use lights-and-sirens shall be the responsibility of the responding Public Safety Agency. PRIORITY 2: POTENTIAL DANGER TO LIFE Precedence usually includes those calls which demand immediate service, but may not be sufficiently urgent to require emergency lights-and-sirens response. A Priority 2 incident is often an incident that could become a Priority 1 if not dealt with promptly. PRIORITY 3: PROPERTY THREAT / NO LIFE THREAT Precedence includes those calls that do not require a lights-and-siren response. An expeditious response to this type of call could involve apprehending a suspect ora less violent type of crime. This type of call does not put a life in jeopardy but has the potential to damage property. PRIORITY 4: INVESTIGATION / HARASSMENT All other calls and radio transmissions relative to Public Safety Agencies. It should be understood that the dispatch may be delayed. PRIORITY 5: ROUTINE / CITIZEN All other calls, other than Priority 1, 2, 3 or 4 are routine / citizen. It is understood that a citizen request dispatch may be delayed. The person receiving the call will make the original priority assignment as he/she is closest to the source of available information. The person taking the call has the best opportunity to assess the tone of the call. The original priority may be changed as new information and circumstances become known. Such changes will be signed and justified in the comments section of the event. Page 12 of 12 19 N. Assignment: Any assignment of this agreement by City without the xvritten consent of BHA shall be void. O. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement betxveen the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. HOUSING AUTHORITY OF CITY OF BREMERTON THE CITY OF BREMERTON By: M~rfill Wallace II, PHM its: Executive Director its: ~ Date: ///o;b]~ Date: Approved as to form: Attest: Bremerton City Attorney City Clerk Page 6 of 12 20 DATE SUBMITTED: December 15, 2004 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of Property Insurance Committee Meeting Date: December 22, 2004 COUNCIL MEETING Date: December 29, 2004 Department: City Attorney's Office Presenter: Peggy Lesser ~'~-~.~ Phone: 473-5302 SUMMARY: Bremerton's property insurance expires on December 31, 2004. Renewal specifications have been marketed to a variety of insurers. The most favorable option for 2005 coverage is to renew the existing policy with Affiliated FM Insurance, increasing the limit of liability for earthquake and flood on the WWTP and the Conference Center to $40 million. The premium for this coverage would be $171,062, which is about 4% less than we paid for similar coverage in 2004, subject to a $100,000 deductible. ATTACHMENTS: None FISCAL IMPACTS (Include Budgeted Amount): The 2005 budget includes sufficient funds to cover this expenditure. APPROVALS: ~.~J J~ DI CTOR: CITY ATTORNEY: : ii~ ~ MAYOR: ~ ~ ~ FIS CAL/BUDGET: ~ OPERATIONS: . ~ Cf ,~. .:_, COUNCIL PRESIDENT: :)~-~ ~,., ~ { , ,~ RECOMMENDED MOTION: I move to authorize the ~{sk Manager to purchase property insurance from Affiliated FM Insurance Company for 2005. AGENDA STATUS: Consent New Business Old Business Ordinance COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution Public Hearing Information Study Session DATE SUBMITTED: November 22, 2004 BILL# AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing on Ordinance q~ Committee Meeting Date: 12/8/04 authorizing KCCHA to exercise public COUNCIL MEETING Date: -L?d. kS-and- 12/22/04 '~p t1~/~ development authority powers Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: RCW 35.82.070(12) provides that a city may authorize a housing authority to exercise not only the powers of a community renewal agency under chapter 35.81 RCW but also the powers of a public corporation, commission or authority (collectively, a "public development authority") under RCW 35.21.730 through .759. The proposed ordinance authorizes Kitsap County Consolidated Housing Authority to exercise powers of a public development authority in order to assist the City in (1) the allocation of federal new markets tax credits within portions of the City that may not be within the boundaries of a community renewal area, and (2) facilitating replacement housing in connection with the renewal and revitalization of West Park, including replacement housing in areas of the City not within the boundaries of a community renewal ATTACHMENTS: 1. StaffReport 2. Proposed Ordinance ~,10. c{~D.~, FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: ~~--4~ .~ ~ _ FINANCE DIRECTOR: ' ,1 (~.. fi' ~[~.__.~ FISCAL/BUDGET: W~'t"~i~ 'iN~g/°~/ CONSENT AGENDA ~ OPE~TIONS: ~C~ ~ I ~/{~/o ~ COUNCIL PRESIDENT: ' [ ~ RECOMMENDED MOTION: 1. ~1o appro~ ordinmiceVn"~adi~utkcSz~~- m-e~i*e p~ers ofa~ d~mcnt watho~. 2. I move to pass ~dinance No. q~!%(> on second reading authohzing KCCHA to exercise powers of a public development authority. COUNCIL ACTION: ~] Avvrove ~] Deny ~z~ Table ~ Continue ~] No Action Office of the City Attorney Roger A. Lubovich, City Attorney Memorandum TO: City Council F~om: Roger A. Lubovich, City Attorney 116: Public Development Authority Powers Dat~: November 22, 2004 Attached is draft ordinance that would authorize the Kitsap County Consolidated Housing Authority (Housing Authority) to exercise public development authority (PDA) powers within the boundaries of the City of Bremerton. This issue relates primarily to Housing Authority's desire to distribute federal new market tax credits for economic development, outside of Bremerton's Community Renewal Areas (urban renewal areas). For economic development work, the Housing Authority, as the City's Community Renewal Agent, must perform this work in the Community Renewal Areas for which the City appointed the Housing Authority as the Community Renewal Agency. The Housing Authority may want to hand out New Market Tax Credits in low-income areas that don't happen to be in a Community Renewal Area. According to Housing Authority, there are three or four census tracts in the City that are eligible for New Market Tax Credits, and there are three Community Renewal Areas (downtown, West Park, and Anderson Cove). But there are parts of those eligible census tracts that aren't in the Community Renewal Areas. For example, the Downtown Community Renewal Area is only 6 blocks, and they might want to use new market tax credits in an adjoining block that doesn't happen to be within the Downtown Community Renewal Area. There is a section in the housing authority law that says that a city can appoint a housing authority as a PDA. PDA's have broad powers to carry out federal programs, such as new market tax credits. Accordingly, the attached ordinance declares that Housing Authority may exercise community renewal powers outside the community renewal areas--but only for certain specified purposes. The first is the New Market Tax Credits. The other purpose is to facilitate replacement housing for West Park. R:\LEGAL\Memos\Roger\KCCHA PDA authority.doc ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton authorizing the Kitsap County Consolidated Housing Authority to exercise powers of a public development authority within the City of Bremerton. WHEREAS, by Section 9 of Ordinance No. 4870, the City of Bremerton (the "City") ratified and confirmed its prior election, by Resolution No. 2755 and Ordinance No. 4830, to authorized and assign the Kitsap County Consolidated Housing Authority (the "Kitsap Authority") to exercise the powers of a community renewal agency pursuant to Chapter 35.81 RCW; and WHEREAS, RCW 35.82.070(12) provides that a city may authorize a housing authority to exercise not only the powers of a community renewal agency under chapter 35.81 RCW but also the powers of a public corporation, commission or authority (collectively, a "public development authority") under RCW 35.21.730 through .759; and WHEREAS, public development authorities, and housing authorities exercising the powers of public development authorities, have useful statutory powers to execute and administer federal programs; and WHEREAS, the City desires that the Kitsap Authority assist in (1) the allocation of federal new markets tax credits within portions of the City that may not be within the boundaries of a community renewal area, and (2) the provision of assistance to both the City and the Bremerton Housing Authority to facilitate replacement housing in connection with the renewal and revitalization of West Park, including replacement housing in areas of the City not within the boundaries of a community renewal area; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDA1N AS FOLLOWS: SECTIONL The recitals set forth above are hereby incorporated as if set forth herein in full. SECTION2. Pursuant to RCW 35.82.070(12), the City of Bremerton requests and authorizes the Kitsap County Consolidated Housing Authority to exercise any powers of a public corporation, commission or authority under chapter 35.21 RCW, specifically those powers authorized by RCW 35.21.730 through .759. The Kitsap Authority is authorized to exercise such public development authority powers: (1) in conjunction with the Kitsap Authority's activities as a community renewal agency for the City of Bremerton; (2) in conjunction with the allocation and use of"new markets tax credits" under Section 45D of the Internal Revenue Code in any qualifying area of the City; (3) to facilitate replacement housing in connection with the renewal and revitalization of West Park; and (4) for such other purposes as may be subsequently approved by ordinance or resolution of the City. 1 KCCHA Public Development.4 uthority 24 SECTION 3. Pursuant to RCW 35.21.730(5), the liability ofthe Kitsap County Consolidated Housing Authority for its obligations that arise in connection with exercising the powers of a public development authority pursuant to this ordinance shall be limited to the assets and properties of the authority that are used, pledged or applied to the activities specified in Section 2 of this ordinance, and no recourse shall be permitted to the assets or credit of the City in connection therewith. SECTION 4. The City Council ratifies and confirms all prior actions by officers or employees of the City or of the Kitsap Authority consistent with the provisions of this ordinance. SECTION 5. Severability. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the ~ day of Lf~'-'r'l~)J ,2004 PASSED by the City Council the cJ,U:h day of --'~..I' ~b.li ,2004 Approved this ... ~) day of ~ '200~ C~MAN' ~a:or ., APPROVED AS TO FORM: R A. LUBOVICH, City Attorney PUBLISHED the ~) day of rf:::2~:~~ ' 200S" EFFECTIVE the / ~) day of ,200S ORDlliANCENO. 4q~~ R:\LEGAL\Ordinances\Granting PDA Powers to KCCHA.DOC 2 KCCHA Public Development Authority