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Home My WebLink About03/03/99 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA MARCH 3, 1999 1. CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business 2. CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA Items listed below have been distributed to Council members in advance for study and will be enacted by one motion. If separate discussion is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. A. Minutes of Meeting - February 17, 1999 #AB99-035 B. Bid Award Recommendation for Purchase of Ductile #AB99-036 Iron Pipe for 1999 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. LEGISLATIVE REPORT 8. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) 9. NEW BUSINESS A. HOME Project Funding #AB99-037 JO B. Professional Service Agreement for Concession Stand #AB99-038 I ~ Operation at Lions Field and Pendergast Regional Park AGENDA BILL BREMERTON CITY COUNCIL 1. ~: FOR AGENDA OF: MARCH 3, 1999 ORIGINATING DEPT: CITY COUNCIL MINUTES OF MEETING -- FEBRUARY 17, 1999 ORIGINATOR: MIKE SHEPHERD, PRESIDEN1 DATE SUBMITTED: FEBRUARY 24, 1999 2. ~: (comment on back 3. EXHIBITS: if necessary) ENDORSEMENT__ INFORMATION__ APPROVED BY COUNCIL PRESIDENT F~FR~Ij~TAL: MAYOR 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: 8. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED __ DISAPPROVED COUNCIL DIRECTIVE: DATE: TAPE #1597 - UN/~CPROVED DRAFT CITY COUNCIL MEETING MINUTES FEBRUARY 17, 1999 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, February 17, 1999, at 5:30 P.M., with Council President Mike Shepherd presiding. Council members present were Jim Reed, Carlos Montgomery, Carol Arends, David Farr, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen. Also present were City Attorney Glenna Malanca, Deputy City Clerk Paula Johnston, and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council President Shepherd and invocation given by Council member Carol Arends. President Shepherd made the following announcements: (1) The City Council held a Study Session, prior to the Council meeting, 5:05 - 5:25 P.M., in the Council Conference Room, to discuss the "6-Month Review of the Diamond Parking Contract"; (2) The City Council will hold a 20-minute Executive Session immediately following the Council meeting, in the Council Conference Room, to discuss "Potential Litigation"; and (3) The next City Council meeting would be held Tuesday, February 23, 1999 due to Council members attending the AWC conference in Olympia on Wednesday. CONSENT AGENDA A. Minutes of Meeting - February 3, 1999 #AB99-026 B. Paging Contract with Arch Paging for Citywide Use #AB99-027 C. tnterlocal Agreement between the City of Bremerton #AB99-028 and Kitsap Transit for Reimbursable Work D. Master Agreement for Signal Maintenance with #AB99-029 the City of Bremerton and Washington State Department of Transportation (WSDOT) #0057 M/S/C (McConnell/Montgomery) Motion to approve the Consent Agenda as presented. Vote on motion: In Favor: Law, McConnell, Olsen, Reed, Montgomery, Arends, Farr, Shepherd Abstain: Overson Motion carried. TAPE #1597 -- City Council Reg. Mtg. Minutes February 17, 1999 Page 2 of 5 CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0076 M/S/C/U (Montgomery/Arends) On February 17, 1999, the Council does approve for payment those vouchers included and further described as follows: 227999 through 228071 in the amount of $356,470.34. COUNCIL MEMBER REPORTS Mr. Montgomery_ provided a report on the last District 6-7-8 meeting, which was well attended, and thanked Acting-Police Chief Forbes for his presentation. He addressed citizen concerns about the $309,000 reportedly spent for fluoride equipment, and clarified that $110,000 was not used because the work had not yet been completed. He reported that some of the equipment was actually installed and water-tested, but no fluoride chemicals were purchased or used. He pointed out that there are other uses for the equipment purchased, in addition to the possibility of selling the equipment. Several offers have already been received from other companies, so a certain portion of the remaining money will be recovered. Lastly, he reported that both the briefing given by the Commercial Group, as well as newspaper articles on the Sinclair Landing project have reported inaccurately that the City Council has been holding up the project, which disturbs him. He stated that the Council has yet to receive a valid proposal to review. He feels there is a lot of misinformation being given to the public. Mrs. Arends thanked all those who attended the District 6-7-8 meeting held last Thursday, with special thanks to Councilmen Farr and Montgomery, as well as Mrs. Downey, for providing cookies. She pointed out that many residents of District 7 lost power for a few hours yesterday, and how grateful she was to have it restored quickly. Mr. Farr apologized to those who attended the District 6-7-8 meeting for leaving the meeting early, but he was not feeling well. He reported on one suggestion received to use the full name of "Lulu D. Haddon Park" as the official name of the new park, in honor of a former community leader. He also addressed the recent articles regarding Sinclair Landing, and asked everyone to give it time, not prejudge, and to give it a chance to work. He also pointed out that a negative editorial recently in the paper was written by a person who has never even attended any of the meetings held on the Sinclair Landing project. He asked the people not to give up on the project. Mr. Overson also addressed the concerns regarding the Sinclair Landing Project. He reported on his attendance at several meetings recently where this issue was discussed, and he summarized the results by saying there are a lot of people working very hard for the betterment of the City. He assured the public that the Council was also working very diligently on solutions to all the concerns, and even though this will be time consuming and challenging, he believed progress would be seen. TAPE #1597 .... City Council Reg. Mtg. Minutes February 17, 1999 Page 3 of 5 Mr. Law reported on the District 3 meeting held last night, and stated it was a good turn out, with lots of good questions asked. He thanked Municipal Judge James Docter and Mike McCluskey, with the Home Detention Program, for their presentations. He also addressed Sinclair Landing, and felt this was not the time to get into a big discussion with too many things "in the air". Mr. McConnell responded to the many questions being raised by the public. He explained that the City has three branches of government (Legislative, Administrative, and Judicial) and the Council only has jurisdiction over Legislative issues. He further explained that questions would take time to be answered, because a process is in place, which must be followed to get all questions to the appropriate department. Mr. Olsen announced the next District I & 2 meeting scheduled for February 18, 1999 was cancelled, and has been rescheduled to Tuesday, April 15, 1999, with time and location to be announced at a later date. He reminded the public that the Sinclair Landing project was a public as well as private enterprise, and the Council only has control over the public side. He assured the citizens that they would be informed as soon as they are informed, and reminded the public this was a whole new way of doing business. He believed the City would see a Sinclair Landing, but it would just take time. President Shepherd attended the reception hosted by Todd Shipyard at the Admiral Theater last night, and stated he was excited to see new business come to the area. He reassured the public that the Council is 100% behind Sinclair Landing, and the Mayor will address this issue in detail at a later time. MAYOR'S REPORT Discussed her recent trip to San Diego, where she had the opportunity to view some new developments in the area, such as "Horton Plaza", a very successful mall where the developers successfully combined community space with a retail and entertainment environment. She also announced the City of Bremerton was a co-sponsor, as well as hosting a booth at the Home & Garden Showthis year, to be held March 19-21 at the Kitsap Pavilion. $1.00-off admission coupons are available here tonight, or in the Mayor's office. She reported that she too, attended the reception held last night, and welcomed Todd Shipyard. Lastly, she reported that she attend the Puget Rental Operators meeting along with Acting Police Chief Forbes and Officer Wendy Davis, to talk about a program currently being worked on to offer training for landlords and property owners. Once a landlord or property owner completes the training program, they will receive a trademark designation to display, which will represent that their tenants are properly screened, the property received an "environmental safety survey", and a "safety check" was done on the property itself. Anyone interested can call the Mayor's office at 478-5266, or Officer Davis in the Police Department. Patrick McDonald from TCI was in attendance tonight to introduce the new General Manager for TCI Bremerton. Ms. Jo Webster stated that she was honored to be here TAPE #1597 - City Council Reg. Mtg. Minutes February 17, 1999 Page 4 of 5 to meet the Council, and was pleased to be a part of the Bremerton Community. She reported that she has been with TCI for about seven years, and is very familiar with TCI and all their operations. She briefly addressed the Bremerton re-build, stating quite a bit of progress is being made, and the project is on tract to meet the deadlines spelled out in the franchise agreement. Mr. Olsen asked when was the deadline to bring the cable over?. He also inquired about the high speed Intemet modem. Mr. McDonald responded the aim is for 75% of Bremerton to be completed by August of this year, which will allow TCI to extend the 8- year franchise to a 10-year franchise. He stated they are looking at how the high speed Intemet service can be offered in this area. Mr. Law wanted to cladfy if 75% of the system will be upgraded, or 75% of the customers will be upgraded; and when will the customers be able to get the additional channels without paying for the extra box. Mr. McDonald explained the franchise states 75% of home past, or customers activated; and the "digital cable service" would provide additional channels to the expanded basic line-up. He stated when the 16 additional channels are added in the City of Bremerton, there would be some cost adjustment for the new service. In addition, the reduced price for basic service for senior, Iow-income citizens would still be available. Mr. Law stated that it would be a service to the senior citizens to advertise this discount. LEGISLATIVE REPORT It was reported that a list of questions, submitted by Del Knauss at last weeks meeting, has been delivered to the Mayor. She will distribute those questions to the appropriate department for response. A letter from Gene Sampley, Director of Public Works & Utilities was provided to Mr. Virgil Elkinton in response to his concerns about funds spend on fluoridation equipment. It was reported that copies of this letter are available to anyone who would also like to request a copy. PUBLIC RECOGNITION Susan Brown stated her opinion that the last few Council meetings, even without any "New Business" items have contained very valuable conversations between the public and the Council. She asked for an update on the Ethics Committee, and when would the next Study Session be scheduled. She believes there are severe "holes" in the State law, and whether it is addressing the issues brought to Council in the past year. She stated she would be bringing these issues, one at a time, beginning next week. Ms. Malanca stated that she would have an answer next week. Gordy Byrd raised questions about a Consent Agenda item he did not hear Council include in their motion; and also questioned the TCI and AT&T merger. President Shepherd explained the Consent Agenda items are merely routine, Iow-level detail items, which are thoroughly discussed at prior Study Sessions; and regarding the merger, he explained thousands of people from both companies, including those present tonight, would be involved in the merger, if it takes place. TAPE #1597 - City Council Reg. Mtg. Minutes February 17, 1999 Page 5 of 5 Empire Adams also questioned the TCl merger with AT&T; and the source of funding for the Sinclair Landing Project. President Shepherd responded that due to the TCl contract with the City, the City was advised about the proposed merger some time ago, which City Council voted to support. He also explained that Federal money is only being allocated to the Transit Center portion of the Sinclair Landing Project. Kenneth Johnson described his concerns about the lighting problems at Lions Field; and also addressed a problem he was having getting a problem fixed by TCl. Wendy Jobe expressed her frustration at the lack of updated information on the Sinclair Landing Project, and suggested a web page on the Internet. Roy Mclnni$ raised additional concerns about the Sinclair Landing Project, and what he perceives as "misinformation" being provided. Paul Drnjevic reiterated his questions asked at the February 3, 1999 City Council meeting: 1) Has the fluoridation equipment been installed; and 2) Has it been pressure tested. Mr. Montgomery stated these two questions were answered during his "Council Report" earlier in the meeting. He also provided a copy of the memo from Gene Sampley, Director of Public Works, which was written to Mr. Elkinton, to provide him additional information on this same subject. Chris Bell thanked Mr. Montgomery for his concise and thorough report on the fluoride issue. He also complimented the City Parks Department. In response to the questions being asked about public-private partnerships, he suggested the book "The Art of the Deal" which explains the developeYs side very well. With no further business, meeting adjourned at 6:37 P.M. PAULA JOHNSTON, Deputy City Clerk MIKE SI~E-PI~D, Council President City of Bremerton P J/MS/Is C: Normal Distribution File AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: March 3, 1999 BID AWARD RECOMMENDATION - ORIGINATING DEPT: Public Works & Utilities ,. PURCHASE OF DUCTILE IRON PIPE FOR 1999 ORIGINATOR: Wayne Hamilton/Utils Opns Mgr~'-~ DATE SUBMITTED: February 16, 1999 · CLEARANCES: (comment on back--j; 3. EXHIBIT__S O r=to ,Pubn Work /Uti ities id ab,aa onForm City Attorney City Treasurer ~ ,, . .T , I . Council Budget & Fiscal cornrmaee C~5;~z-~:.=~ ~ ,.,gs~,,eT~; _ -4 --~ Operations Committee Purchasing Supervisor \ ,N oRs m PROV DBYCOUNCILP S D rr : mYOR COUNCIL 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Call for Bids were prepared, advertised, distributed and received in accordance with City bid procedures. Two (2) bids were received. The low bidder is United States Pipe and Foundry, Auburn, Washington. This company also won the bid award for 1998 and has proven to be a responsible, reliable and cooperative company. If this bid award is approved by City Council, an open purchase order will be established as done in the past. 8. RECOMMENDATION: That the City Council approves the Iow bid of United States Pipe and Foundry and to authorize the Mayor to execute the contract for the purchase of ductile iron pipe, subject to City Administrative Policies and Procedures. 9. RESPONSIBLE OFFICIAL: Public Works & Utilities Director ENFORCEMENT OFFICIAL: Utilities Operations Manager EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED APPROVED DI; COUNCIL DIRECTIVE 11. AGENDA BILL NO: qq ~ 0 ~1;~ 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The Department of Public Works and Utilities would have to purchase ductile iron pipe in smaller quantifies and would not receive the cost benefits from the approval of this contract. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Staffing: N/A Budget: Prices will be held in the budgeted mount of $150,000 and an.Wlfing exceeding that amount would have to be processed through a budget adjustment. Facilities: N/A Equipment: N/A 7. RESEARCH SOURCES CITY OF BREMERTON BID TABULATION BE)TITLE: ~.v4-",1-¢ [ro.,., ~.,[,--- OPENED BY .. ..~ DATE OPENED: .,~..) ~ )~ ~/ TIME OPENED: 7.3. ~ ? ,..,- RECORDED BY BIDDER ITEM 1 ITEM 2 ITEM 3 ITEM 4 ITEM 5 NET BID TAX TOTALl &. ~,~, ~ ~ L~.~v C,~, 9./~ 1~.=~ '~-.~..z~ SUMMARY TOTAL BID COMMENTS ~d ~ AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: March 3, 1999 HOME Project Funding ORIGINATING DEPT.: Neighborhood Development ORIGINATOR: Deborah Peavler-Stewart DATE SUBMITTED: February 9,1999 2. CLEARANCES: ~ EXHIBITS: Economic and Co..9.g~ity Development Director -~~ City Attomey ~__~., ~.~9~ . _ Fiscal and Budget Commi~e_~ .ff~'~ .~.~ ,~ Operations Commi~e~f~'c' 2;0OR2:~____~ .tIN: ~/(~RM~I ON__ AP P R; oV~ DUN; IYLCpOREUNsCi~ILE; TRE 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Kitsap County Consolidated Housing Authority (KCCHA) plans to construct 24 units of affordable housing for extremely low-income individuals with a chronic mental illness in Kitsap County. 8 units are proposed in Port Orchard, 8 in East Bremerton on Petersville Road and 8 units on a vacant site off of Sylvan Road and Pine. Kitsap Mental Health Services (KMHS) will provide services to the individuals in the units. KCCHA has submitted an application requesting $125,000 in HOME funds to assist with the construction of the units at the Sylvan and Pine site. Total development budget for the 8 units is approximately $645,000. The application was submitted prior to the City's development of the HOME policy that specifies a preference for rehabilitation of existing units over construction of housing on vacant land. A community meeting was held on March 31, 1998 to allow neighbors the opportunity to comment on the proposed project. No community members attended the meeting. KCCHA/KMHS presented the application to an interview panel consisting of the Mayor, Councilperson from the District, Director of DECD, Planning Manager, and Neighborhood Development staff. The Petersville site is on the edge of the City and the panel noted that special needs housing should be distributed throughout the County. The panel recommends approval of funding for/i3~6ject at the Sylvan Road and Pine site if KCCHA/K_MHS does not go forward with the Petersville site. 8. RECOMMENDATION: Mot ion to authorize execution of a $125,000 contract with KCCHA/KMHS for construction of housing for chronically mentally ill persons at the Syl van and Pine site as described in the kt0M£ application, provided that the Petersville site 9. RESPONSIBLE OFFICIAL: Project does not go forward. ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE: AGENDA BILL NO.: ~ ~ '~ 0 \D 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: KCCHA/KMHS will not be able to construct the housing until they secure additional funding. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: None 7. RESEARCH SOURCES: The Effect of Subsidized Housing on the value of Non-Subsidized Homes in the Vicinity (Report Follows) The House Next Door Part I _ Page 2 of 4 and Agnes E. Meyer Foundation supplemented by a donation from Sandy Spring National Bank. We greatly appreciate the assistance of staff from Montgomery County's Office of Housing and Community Affairs, The Montgomery County Planning Board and the Fairfax County Redevelopment and Housing Authority. In particular, we want to thank Eric Larsen, Terry McKinney in Montgomery County's Housing Office, and Sally Roman, on the research staff of the Montgomery County Planning Board and Mary Stevens of the Fairfax Redevelopment and Housing Authority. And Jo Reynolds, a Montgomery County Realtor. We are also indebted to the patience and assistance of the staff of the Assessment Offices in both counties and the data collection and report compilation by Joyce Siegel and we are deeply indebted to the thorough and tireless efforts of Eunice and George Gfier who analyzed the data collected from the assessment, planning and housing offices. Many people believe that if "subsidized" housing (lower-than-market-priced housing) is present in a neighborhood, it will lower the value of the "regular" or non-subsidized homes in its vicinity. This study tests the validity of that assumption in two of the nation's most affluent suburbs -- Fairfax County, VA and Montgomery County, MD. In both of these counfes, several govemmental programs to promote subsidized housing have placed subsidized units or units specified for low and moderate income households in the midst of or adjacent to subdivisions of medium- to high-priced homes. The study examined trends in resale prices of 1,012 non-subsidized or "market rate" dwellings sold between 1992 and 1996 either within or next to 14 subdivisions with subsidized housing that had been built in compliance with local laws. Six of these subdivisions were located in Fairfax County and eight in Montgomery County. The maps on pages 11 and 12 show the locations of each of the tested subdivisions, which were widely scattered within their respective counties. In communities with MPDUs ( all Montgomery County subdivisions in the study except Timberlawn Crescent) and ADUs (Affordable Dwelling Units in Fairfax County) the county laws that require developers to incorporate "subsidized" housing in their subdivisions applied only to those of 50 units or more. However,, there are several subsidized housing programs in Fairfax County that are not subject to the 50 unit or more nde and recent adjustments to the ADU ordinance allow some flexibility. In most cases, if mixed income, economically integrated housing is the goal, the subdivisions containing subsidized units tend to be larger ones that usually contain market rate housing in a mix of types and prices, including townhouses, rather than higher-priced detached homes only. This mix of housing tends to lower the overall price level of these subdivisions compared to subdivisions with no subsidized housing and where single family detached building types predominate. In addition, in many such developments, the subsidized housing units have been placed closer to the lower-priced townhouses or smaller single houses rather than to the larger and more expensive detached homes. In some subdivisions, the subsidized units are mixed in with the townhouses, or other lower-priced market rate houses, with little visible difference between the two. Thus the market rate houses that are located closest to the subsidized dwellings are most often intrinsically lower in value than those farther away for the reason that they are differently constructed. To keep these differences from confusing the results, we have compared changes in price rather than absolute prices . If the presence or proximity of subsidized housing had a negative effect on values, we would expect that price trends in the context of a dynamic market would reflect this fact in the following ways: http://www.inhousing.org/house 1 .htm 11/6/98 The House Next Door Part I Page 4 of 4 housing values as measured by relative price behavior in a dynamic market. · Finally, there was no significant difference between the two counties in these respects. The size of the total sample analyzed, over 1,000 sales in the 14 subdivisions, plus the fact that this sample included all units sold in these subdivisions over the five years studied, makes it unlikely that random factors could impair the reliability of the overall results. In addition to this quantitative analysis, we conducted structured interviews with 56 residents of non-subsidized homes in both Fairfax and Montgomery Counties whose homes are located close to subsidized units, three MPDU homeowners in units that were no longer under price control regulations, one MPDU homeowner who had made extensive improvements, and with six Realtors with extensive experience selling in communities with subsidized units. The results of the neighborhood survey and a copy of the survey instrument are in Appendix D. The survey found 28 households "very satisfied" with their neighborhoods, 25 "satisfied" and 4 "a bit" or "very dissatisfied." Fourteen of the sixty households specifically mentioned the subsidized units. Of these, six had negative comments. The most frequently mentioned negative comments (whether or not the respondents were satisfied or not satisfied with their neighborhoods) were congestion, traffic and over-development; unsupervised children; behavior of teens; trash collection and Homeowner Associations. When asked about what they liked best about their neighborhoods 38 spoke of neighbors, safety, peace and quiet. Location, amenities and maintenance were mentioned by 24 respondents. Of the 60 persons interviewed ten were renters and 50 were owners. Length of residence varied from four months to fourteen years with the majority in their homes for more than three years. Regarding the Realtor interviews: Three Realtors said they saw no effex:t on property values related to proximity to "subsidized housing." However, one specified location of the subsidized units within the subdivision as sometimes the least favorable and said it would therefore affect value. Another said "as long as houses are well maintained it's a non-issue," and another said sometimes appraisers don't understand the program and unrelated comparable affect the appraisal given. Two Realtors said they felt there was a eon'elation between lower house price and proximity to subsidized units (that proximity lowers house value) and the other Realtor said, "We expect diversity in our communities, as long as there's a reasonable mix." Home I Feedback I Guestbook I Links I Bibliography http://x~ww.inhousing.org/house I .htm I l/6/98 Kitsap Mental Health Services Housing Overview The objective of the Kitsap program is to help consumers find and maintain safe, decent, affordable housing. The Housing Program helps consumers apply for subsidized housing and rent subsidies, search for affordable housing and negotiate rents and damage deposits. In some cases, the Housing Department introduces consumers to appropriate potentiaJ roommates. The Housing Department aJso helps consumers access deposit, utility and rental assistance funds in the community. Additionally, the Housing Program helps consumers maintain their housing by providing landlord mediation and assistance if their housing is jeopardized due to unpaid rent or problems with behavior. We have been providing housing to our consumers for the past seven years. KMHS owns eleven houses that we rent to consumers who are willing to live in roommate situations. These houses consist of one one-bedroom, one two-bedroom, three three-bedroom and seven four-bedroom houses. The houses are located throughout the county; one in Port Orchard, two in Suquamish, one in Central Kitsap, two in unincorporated Kitsap County and five in Bremerton. Additionally, we manage a five-unit property for the Peninsula Regional Support Network which provides housing for individuals wh prefer to live alone. KMHS Consumer Income Levels [ 30% of median iocornn or below /' ~ r80% of median Income or below] 50% of median income or below The federal median income level for a single person was $31,900 for 1997. As you can see by the foregoing graphic, the vast majority of KMHS consumers (86.4%) are at $9,600 (30%) of the median income or lower. This data clearly demonstrates that the consumers of KMHS are truly needy. Ira IHS Supported UVillg Pregram Management Tenant Seleetlen Pmeess The Housing Triage Committee oversees the tenant selection and placement process. The committee includes a Treatment Coordinator from each Community Support Team, a Community Support Supervisor, the Burwell House Manager, a Therapist from the Residential Treatment Center, the Community Housing Coordinator, and the Housing Technician. AdditiOnally, a representative from the administration team attends meetings as needed. The committee considers applications for Burwell House, the Supported Living houses and the Intensive Transitional Apartments. The committee mill consider any act~e KMII$ client wko i~ treatment a~d medication compliant, except for convicted sex o~fe~ders and lmown drug dealer~. The application process is competi~ ^ vacancy in any of the agency housing programs will be announced via Voice Mail. Treatment Coordinators and Supervisors from Adult Outpatient and Older Adult Services, and Therapists from Inpatient programs will be notified. Housing application forms are available from either the Housing Department or program secretaries. Both the client and his/her Clinician will fill out the application form. Clinicians must be specific and include all pertinent information when filling out the form. Specific treatment issues are to be addressed through the treatment plan. These issues cannot be addressed through a lease. However, tke marn~ng letters to tenants mbo are not actively following tkeir treatmoa pi~n 0~ tkeir bekavior causes tke mental beatt~ of their roommates to deteriorate, or 0~ tke~ ~re c~sing proper~ damoge. Placement of tenants by the committee is based on the following factors: current living situation; available housing options; resources available; review of client history; treatment issues; pofem'~/for e. ffect/ve Since housing demands 'are gmat and housing options so limited, the Housing Triage Committee will strive to make its decision based on a reasonable balance of needs and chance of success in the program. However, it a consumer, no matter how carefully screened, cannot adjust to Supported Living, ~ke age~j, reserves d~e r~/~.*o ~,/ct. If such an unfortunate situation occurs, in addition to the 20-day notice legally required, K/~HS will make intensive efforts to help the tenant find alternate housing. Additionally, if there are more applicants than vacancies available, the Housing Department will work with those clients who don~ receive agency housing to secure safe, decent appropriate housing. Cenfldentlamy and Tenant Rlgkts: All consumers involved with the program ore treated with respect and dignify. Medical information concerning the client and his/her involvement in treatment is confidential and will not go beyond K/v~HS staff. Information will not be provided to individuals or agencies outside of the treatment community without the expressed permission of the client as indicated by his/her signed Release of Information form. Our Experience in Kitsap County Kitsap Mental Health Services (KMHS) has just completed its 20th year of service in Kitsap County. It offers a continuum of care for persons of all ages. Consumer service has grown from 1,900 in 1993 to 3,999 in 1998. In addition, the Crisis Clinic received nearly 1 7,000 calls last year from persons in crisis situations and the CDMHPs (County Designated Mental Health Professionals) received 6,000 crisis calls last year and made 1,321 face-to-face contacts in the field. 'x KMHS Employment- 384 + Volunteers- 60 J230 Full Time '" 60 Vol untee~s J J32 Part Time I~ wscc Con*rae, . I J 1 Temporan/J 129 Wo,,o.o. Program I Employment · Kitsap Mental Health Services is one of Kitsap County's largest employers. Two-hundred and thirty full time, 32 part-time and 86 on-call workers work within the 23 varied programs at KMHS. Crossroads adult day treatment program enables 29 vocational employees to receive training while being integrated into a working environment and fine-tuning life skills. · KMHS is also fortunate to have 60 volunteers involved with its programs. Distribution of Medicaid Eligible Persons in Kitsap County Note: The state eligibility file contains many clients that are "associated" with the Kitsap County area but whose listed zip code is not a Kitsap County zip. Medicaid eligible lisyted with a Kitsap County zip total 20,346. I zip Code I Location I # of Medicaid Eligible I 98337 Bremerton 1,345 98312 Bremerton 4,629 98311 Bremerton 1,832 98310 Bremerton 2,849 10,655 98386 Southworth 21 98384 South Colby 30 98378 Retsil ! 47 98366 Port Orchard 3,749 98359 Ollala 388 98353 Manchester 53 98322 Burley 62 4,450 98392 Suquamish 251 98370 Poulsbo 1,752 98346 Kingston 714 98345 Keyport 39 98342 Indianola 70 98340 Hansville 95 2,921 98393 Tracyton 54 98383 Silverdale 1,348 98380 Seabeck 246 98315 Bangor 35 1,683 98110 Bainbridge Island 624 98061 Rolling Bay 13 637 Total Eligible 20,346 Treatment Costs: Monthly Annually .(Daily Avg.)_ Cost Offset Case Management $ 140.00 $1~680.00 Physician (PSychiatrist) 18.33 219.96 Medication 715.00, 8~580.O0 , , Crossroads 182.10 2r185.20 ~ Total Treatment Costs $1,055.43 $12,665. t6 $34.70 SSI $ 498.40 $ 5~980.80 Food Stamps 44.00 528.00 Total LivingCosts ,. $ 542.40 $ 6~508.80 $17.83 Treatment & Living Cost . $1,597.83 $19,173.96, $52.53 Burwell House-Costs $4,866.67 $58,400.00 $160.00 $39,226.04 Washington State Hospital $12, t66:67 $146,000.00 $400.00 $126,826.04 Estimated Costs In addition to the inherent benefits of living independently in the community with access to family and friends, the economics of guiding chronic clients along the path of the least restrictive applicable treatment course is self evident. The reduction of XXXXX's treatment costs from a conservative estimate of $400.00 per day to $35.00 per day speaks for itself. Although XXXXX does, and will need support for the foreseeable future, it can be provided in an effective, efficient manner enabling XXXXX to live a reasonable yet very modest quality of life. *SSI $498.40 $5~980.00 Food Stamp. s 44.00 528.00 Job 65.20 782.40 Total $607.60 . $7,291.20 23% of federal median income * Forty-one percent of Income ($247.50 per month) is used to pay rent to a private landlord. Health Overview Mental Community Mental Health Community Mental Health prevention and treatment, in conjunction with health, social, educational and juvenile and adult corrections services, has a vital role to play in the overall quality of life and safety in our communities. A society's well being is ultimately dependent upon how well it takes care of its temporarily disadvantaged members: the mentally ill, the chemically addicted, those unable to afford health care, the homeless and the hungry. What is Mental IIIness~ Mental illness is a term that encompasses a whole group of psychiatric disorders including severe depression, manic depression, schizophrenia, and some severn cases of anxiety or behavioral disorders. Symptoms include a limited capacity, for coping with the day to day demands of life.due to major disturbances in though~s, feelings or interactions with others. In the case of children and adolescents, serious emotional problems-may also .manifest -themselves in less obvious ways such as eating and sleeping difficulties, poor school performance, aggression and an inability to trust. The Need for Treatment · Approximately 3~2% of the population suffers from a severe mental illness. More than 17% of Americans ages 15 to 54 have a history of one major depressive episode in their lifetime, and more than 10% had an episode in the past 12 months. More than 14% of Americans have a single episode, lifetime history of alcohol dependence, and mom than 7% continued to be dependent on alcohol for the last 12 months. a 3.2% of children ages 9 to 15 have a severn mental disorder, with 12% of the children under the age of 18 in need of mental health services. The Cost · A study by the Massachusetts Institute of Technolo. gy found that Corporate America is losing $23.8 billion par year from absenteeism and lost productivily attributed to clinical depression alone. · Eli Lilly and Company state that schizophrenia "costs our economy roughly.S19 billion a year in direct treatment expenses and an estimated $46 billion a year in indirect costs." The Dilemmas · The technology is available to treat mental illness, but a high percentage of mental illness is misdiagnosed. The untreated mentally ill become very high utilizers of physical health care and other services. Service Delivery Descriptions · KMHS has developed more than 30 collaborative relationships with ancillary service 'providers to meet the multiple and complex needs of the severely mentally ill. · KMHS is collaborating with local school districts to demystify mental · KMHS has outstationed a psychiatrist at the Kitsap Community Health Centers' Bremerton office and, with the help of United Way, has also placed a Master's level R.N. at the clinic to work with the Clinic's primary care physicians and provide health/mental health services to the patients. Child and Family Community Support Services · Care Coordination Team (cc'r) -The CC[ is Kitsap Mental Health Services' centralized access to children and family services, providing family-centered, strengths-focused needs identification to coordinate individually-tailored care. This team provides community information and referral services, screening, initial care plan development and facilitation, interagency team coordination and facilitation for enrolled children, brief family, therapy, crisis response and outreach services, as well as two regional functions - Children's Long- Term Inpatient Placement (CLIP) referral coordination, and voluntary hospitalization authorization/extension for Medicaid children. · Outpatient/Community Support - I(,k4HS Child and Family Services offers individually- tailored outpatient services for children with serious emotional problems. The available services include, but are not limited to, individual, family, group therapy; case management and coordination with other involved child-serving systems (juvenile justice, DSHS, schools); psychiatric evaluation and medication monitoring; and substance abuse assessment, treatment, and education. Some of the group topics available are problem solving/peer support, 1-2-3 Magic, anger management, caregivers of special needs children, parenting, and a variety of substance abuse education and treatment groups. The child and his or her family participate in designing and implementing a plan that will help insure the child's success whild being'maintained-in the least-mstrictive environment. Outpatient and community support services may be provided in the child's home or other location when necessary. One staff works primarily 'on the streets" targeting services specifically to runaway youth. · Youth MICA Services - Staffed by a Qualified Chemical Dependency Counselor, services to mentally ill, chemical-abusing adolescents include initial screening/referral, comprehensive evaluation and assessment, individualized and coordinated treatment plan development, therapy, education, community support and resource linkage facilitation. The Youth MICA Program is certified by the State of Washington. · Therapeutic Day Care - This service is provided in collaboration with the Division of Children and Family Services and Learning Tree Preschool/Day Care and offers clinical consultation, parenting skills training, and play therapy to young children displaying put them at substantial likelihood of out-of-home placement. Services including brief solution-focused family therapy, natural support building or enhancement care coordination, respite, etc. are provided on a limited basis for up to six months. The goal is to help to build on the family's strengths and address their needs to avert the need for placement or reunite the family after placement. Adult Community Support Services · Outl:x~ient Services - This program provides individual therapy for consumers who will profit from insight-oriented therapy and/or are experiencing situational crises. Additionally, the program provides~mity and group therapy. A broad menu of psychoeducational groups has recently been developed and is being implemented. · Case Management Service~ - This program provides access to whatever supports chronically mentally ill consumers need to remain within the community. Using outreach case management services, this unit provides and/or coordinates treatment, crisis intervention, education in community and coping skills, housing and financial resources, vocational rehabilitation, and advocacy in dealing with community services. The frequency and intensity of case management services are determined by the individual needs of each consumer. A very intensive level of services is routinely provided to those individuals recently discharged from inpatient care. The objectives of the program are to reintegrate the consumer into the community, red6ce-the frequency of re-hospitalization and help to improve the individual's level of functioning and quality of life within the community. · Adult MICA Services (For individuals with a mental illness and chemical addidion) - For those individuals affected by mental illness and chemical addiction, KJ~HS provides MICA Specialists who perform chemical abuse asse~ment~ and group therapy, coordinate cross-sysSems treatment efforts, and provide consultation. The MICA Specialists also se~,,e as a resource to case managers. The program focuses on abstinence from chemical abuse, including alcohol, illicit drugs and improper use of prescription drugs. One of the goals of the MICA program is to help consumers learn different coping skills to make it possible for them to change their behavior as it relates to chemical abuse. · Pm-Cam Services - The purpose of this program is to assure timely assessments, referral and access to treatment for individuals who are seeking services at KMHS. Immediate intervention, support and assessment are provided os appropriate for new consumers. · After-Care Services - This program provides medication maintenance services to stable KMHS consumers who have graduated from more intensive programming. Medication clinics and groups such as the weekly Clozaril group provide ongoing support and medication monitoring. · Day Treatment - This program is designed to assist adults with chronic and severe mental illness develop the skills necessary to assure maximum independence. The program is committed to members' achieving or regaining the confidence and skills authorities, providing maximum access to Section 8 and other subsidized housing options for any client in need, as well as a variety of other tenant counseling services. · Therapeutic Adult Foster Homes - KMHS provides training and support to foster families in the community who can provide care in their homes to older adult individuals with psychiatric disabilities. · Nursing Home Team - This team will consist of a part-time Psychiatrist and Registered Nurse who will provide targeted on-site consultation, evaluation and medication services to Kit~ap County nursing homo r~ident~ with severn i~,'ychiatric conditions which place them at high risk for hospitalization. The purpose is to reduce the number of admits, bed days and involuntary hospitalizations by providing on-site diagnosis and psychiatric treatment of residents' psychiatric conditions and by providing consultation and support to nursing home staff. Older Adult_ Community Support Services · Outpatient Treatment/Case Management Services - This program provides specialized assessment, individual and group treatment, case management, outreach, consultation and education and medication management services to individuals 60 years of age or older. By working with consumers and their support systems, including families, nursing homes and other social service providers, this program helps individuals maintain their independence and quality of life. · Partial Hosp'rtalizafion - Group and activities therapies are provided five days per week to older adult consumers to help them maintain their living skills and remain socially active. · Nursing Home Outreach - Consultation and psychiatric evaluation is provided to seniors in area nursing homes. Emergency Services.for Children, Adults and Older Adults. · Crisis Response Team - The County Desig~ Mental Health Professionals provide 24-hour, seven-days-per-week response to those persons in Kitsap County suffering emotional disturbances of crisis proportion. Response includes telephone counseling and face-to-face contacts for purposes of crisis resolution and/or inVOluntary treatment evaluations anywhere in Kitsap County. The purpose is to provide fast, expert response facilitating safe, short-term resolution to crisis situations; to consult with professionals, family members, and consumers to enhance their ability to resolve crises; and to provide collaboration with cam providers to ensure continuity of care. · Crisis Clinic '- The-Crisis Clinic is sponsored by KMHS and funded in part by the Community Development Block Grant and United Way. The service is performed by trained Volunteers under the supervision of a full-time KMHS employee and operates 24 hours a day, 7 days a week. it provides an information and referral service, crisis intervention, and a listening ear to members of the community who are experiencing situational disi~ess. Westem State Hospital Liaison Services · These services are provided by a Mental Health Professional who oversees consumers' treatment at WSH and facilitates wrap-around services that include family advocates and professionals. The focus is on providing access to a variety of community residential programs with the intention of reducing and diverting Kitsap County consumers' utilization of the state hospital system. Mental Health Chaplaincy · The Alliance for the Mentally III of Kitsap County recently sponsored a presentation by the Reverend Paul D. Rietmann, Director of the Mental H~alth Chaplaincy of Tacoma; With Reverend Rietmann's-help,-KNtttS velt be contracting with'arrespecially-trained mental -health 'chaplain to provide a non-denominational, spiritual 'presence" and a spiritual support group for our consumers in inpatient and outpatient services. The chaplain will also facilitate contacts with specific religious communities whenever that is requested by a consumer. On-Call Services '" The On-Call Program provides a trained group of experienced individuals who can fill in for regular staff when needed. In addition, On-Call staff are trained and utilized to supplement regular staff in the provision of individually-tailored and non-categorical community-based wrap-around services. These staff also serve as a ready resource when workloads exceed the capacity of individual programs. On-Call staff provide an excellent resource when hidng for full-time position~. Resource Management Services · Assigned clinicians plan, coordinate and authorize residential and community support services pursuant to the individual needs and service plans of consumers. Services include 7-days-a-week, 24-bourn-a-day availability of information regarding enrollment and individual service plans to Crisis Response Teams, Evaluation and Treatment facilities and others as appropriate. Coordination and Operating of PRSN's MIS '" The information needs of the PRSN are met using software provided by CMHC Systems of Ohio. The software is quite flexible and allows for customized prograrn,~ to meet changing requirements. The computer is an HP 9000/800 model G40 and uses the UNIX operating System. The RSN contracts with I(MHS .to provide computer support to each provider in the RSN as well as to maintain'theP, SN data base. Data is collected from each provider on a daily basis and passed onto the RSN system and the State system. Ml~S.staff-at'l(MHS-handle the system security, daily backup, program revisions, management reporting, accounts receivable setup, and training for the four regional providers. AGENDA BREMERTON CITY COUNCIL 1. SUBJECT: FORAGENDA OF: MARCH 3, 1999 Professional Service Agreement for concession ORIGINATING DEPT: Parks & Recreation stand operation at Lions Field and Pendergast ORIGINATOR: Jim Spencer, Interim Director RegionalPark. DATE SUBMITTED: 2-16-99 Viscal & l~udget Cc~itte~-'~'.~df_~~ ~ . ~Professional Service Agreement Parks & Recreation Director:/--" '--~~a~/~ 2. Budget Adjustment City AttorneY: ~ ~?/~-~/~~ Purchasing: I*.NDORSEME1N-T }( INFO~O~ APPROVED BY COUNCIL PRESIDEblT FOR~'UBMJ;UT_AL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: In December '98 a Request for Proposal was advertised for concession smd operation at Lions Field and Pendergast Regional Park. Only one (1) bid was received fi.om Ryen's Quay Inc. The terms of the agreement call for the City to receive One Thousand Dollars ($1,000.00) up front per location and five percem (5%) of the gross for revenue over Thirty Thousand ($30,000.00). 8. RECOMMENDATION: ~.0.,~~~,y That City Council approve the attached Professional Sem'ces Agreement~and associated budget adjust- 9. RESPONSIBLE OFFICIAL: Jim Spencer ENFORCEMENT OFFICIAL: Jim Spencer EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL #: qq '~ 03~ 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: The concession stands at both facilities would continue to be nan by the City. 6. IMPACT ON STAFFING, BUDGETS, FACIIJTIES~ EQUIPMENT OR OTHF~R RE- SOURCES: A net increase of $1,000.00 in revenue from what was budgeted in 1999, plus considerably less time required by staffto manage as apposed to mn the operation. 7. RESEARCH SOURCES: PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is between the CITY OF BREMERTON, PARKS AND RECREATION DEPARTMENT (hereinafter referred to as "CITY"), and RYEN'S QUAY, INC./ BREMERTON CLOVERLEAF SPORTS BAR & GKILL (hereinafter referred to as "CONCESSIONIARE"). WITNESSETH: 1. SCOPE: CONCESSIONAIRE shall provide concession services, which consist of the sale of products and items as approved by the Director o£ Bremerton Parks and Recreation. CONCESSIONAIRE agrees to have ready to sell items included in its concession in sufficient quantity to satisfy demand of patrons during this agreement. The operation of such concessions shall be in strict compliance with the Rules and Regulations for CONCESSIONAIRE as set forth by BREMERTON PARKS AND RECREATION. 2. PRICES: Prices charged by the CONCESSIONAIRE and the items sold must be in accordance with price schedules as approved by Bremerton Parks and Recreation Director and such items and price schedules shall be clearly and plainly posted by the CONCESSIONAIRE on a professional looking or professionally made sign, and such signs must be approved by the Director of Bremerton Parks and Recreation. 3. FEES: CONCESSIONAIRE agrees to pay CITY for the privilege of selling at Lions Field and Pendergast Regional Park, a fiat fee of One Thousand Dollars ($1,000.00) per location, a total of Two Thousand Dollars ($2,000.00) per year. This fiat fee shall be paid in full by 1 April of each year. Additionally, in the event that the total sales from said concession are over the total sum of Thirty Thousand Dollars ($30,000) for a given year, CONCESSIONAIRE shall pay CITY an additional five percent (5%) of total gross concession and catering sales. 4. HOURS OF OPERATION: CONCESSIONAIRE shall maintain hours of operation as follows: LIONS FIELD and PENDERGAST REGIONAL PARK - The beginning of April through the end of September or October depending on league and tournament schedules. It will be the responsibility of the CITY to provide this information and inform CONCESSIONAIRE of any changes in said schedule. Changes in hours of operation shall be in writing and agreed to by both parties prior to implementation. CITY reserves the right to offer concession services for special events and programs that CITY is sponsoring. (e.g., Blues Festival, etc) In instances of questionable weather, CONCESSIONAIRE is directed to phone the rain line at 479-4700 to check playability of fields after 4:00pm. The games may be called at anytime by the umpires at no recourse to the CITY. 5. HEALTH INSPECTIONS: CONCESSIONAIRE shall allow the Bremerton-Kitsap CounW Health Department to make regular and ordinary inspections of the premises herein above described, as said Health Department may deem proper. CONCCESSIONAIRE is expected to follow Bremerton-Kitsap County Health Department regulations and is responsible for the cleanliness of the facility during term of this agreement. 6. TERM: Contract shall commence on March 1, 1999 and will terminate on December 31, 1999 unless otherwise mutually extended by both parties in writing. 7. RELATIONSHIP OF PARTIES: The parties understand and agree that CONCESSIONAIRI:i is a f'mm skilled in matters pertaining to food service and concession operations and its personnel shall act as independent contractors and not employees of CITY. As such they have no authority to bind neither CITY or control employees of CITY, contractors, or other entities. It will be the responsibility of the CONCESSIONAIRE to provide its own equipment necessary to operate the concession stands. The CITY will provide space, power, and water. 8. INDUSTRIAL INSURANCE: CONCESSIONAIRE agrees to provide for State industrial insurance coverage for its personnel as required by State law. PROFESSIONAL SERVICES AGREEMENT - 2/1/99 - 1- 9. LICENSE AND TAXES: CONCESSIONAIRE shall possess a current City of Bremerton Business License and any regulatory license required to fulfill CONCESSIONAIRES obligations under this Agreement. B & O taxes shall be paid when due and CONCESSIONAIRE, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes, which have been declared delinquent. 10. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreement, CONCESSIONAIRE shall provide the Risk Manager for the City of Bremerton with evidence that it has obtained and maintains in full force and effect during the term of this Agreement a policy of comprehensive general liability insurance, including products liability, providing coverage of at least $500,000.00. The City shall be named an additional insured on the comprehensive general liability insurance policy. CONCESSIONAIRE shall, at all times, be solely responsible for the acts or failures to act of its personnel which occur or arise in any way out of the performance of this agreement. CONCESSIONAIRE agrees to defend and indemnify and hold harmless the CITY, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage, and expense, including costs and attorney fees in defense thereof, because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons, and on account of damage to property, arising or alleged to have risen directly or indirectly out of or in consequence of the negligent performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of the CONCESSIONAIRE, its subcontractors, its agents or assigns. This provision shall be inapplicable to the extent such damage or injury is judicially found to be caused by the sole negligence of the CITY. 11. ASSIGNABILITY: CONCESSIONAIRE shall not assign any interest in this contract, and shall not transfer an interest in the same (whether by assignment or notation), without the prior written consent of CITY thereto. 12. GENERAL CONDITIONS: a. Reports and Information - CONCESSIONAIRE, at such times and in such forms as CITY may require, shall furnish CITY such reasonable periodic reports and documents as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. CONCESSIONAIRE will maintain accounting records in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. Monthly sales records will be submitted within ten (10) day's of the previous month's end, and payment of percent of gross revenues over Thirty Thousand Dollars ($30,000.00) will be paid within 10 days of billing. b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. c. Amendments - The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. d. Notices - Any notices required to be given by CONCESSIONAIRE to CITY shall be in writing and delivered to the parties at the following addresses: City Clerk ** 239 Fourth Street ** Bremerton, WA 98337 e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. f. Compliance with State, Local and Federal Laws - CONCESSIONAIRE agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. PROFESSIONAL SERVICES AGREEMENT - 2/1/99 -2- h. Attorney Fees - The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 13. NONDISCRIMINATION: CONCESSIONAIRE 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 employment actions based on a bona fide occupational qualification. 14. TERMINATION: This Agreement may be terminated by either party for convenience upon thirty (30) days written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, CITY will be entitled to reports showing the status of all matters upon which CONCESSIONAIRE is advising CITY as of the effective date of termination. 15. DUTY OF TERMINATION: CONCESSIONAIRE shall remove from the park grounds all of it.s personal property, goods and effects (if not otherwise arranged for) at the end of the contract. Failure to do so, will require CITY, by its officers and agents, to remove CONCESSIONAIRES property, goods and effects at the expense of CONCESSIONAIRE. It is understood and agreed that all concession space under license to the CONCESSIONAIRE is the property of CITY at the termination of this agreement. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. RYEN'S QUAY, INC. Date: BY: PAUL PETERSON, OWNER BY: ROGER PASCHAL, OWNER CITY OF BREMERTON Date: BY: LYNN S. HORTON, Mayor DEPARTMENTAL APPROVAL: JIM SPENCER, Parks and Recreation Director APPROVED AS TO FORM: GLENNA MALANCA, City Attorney RECEIVED FOR FILNG KATHLEEN McCLUSKEY, CITY CLERK PROFESSIONAL SERVICES AGREEMENT- 2/1/99 -3- CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: PARK DEPT. Adjustment Number: 99-3 IAppro val Authority Required: r-~Treasurer [--~Mayor F Fiscal & Budget r-~Council SOURCE OF FUNDS: USE OF FUNDS: ~ Amount Description Amount Reduce Expenditures 23,000 Reduce Concession Revenue 23,000 NARRATIVE: This adjustment will reduce the operating budget to reflect the contracting of concessions at Lions and Pendergast Parks. This activity was originally budgeted to be performed by City staff. Department Head Signature Date nature _ e Treasurer Comments: ~ Recommended ~ Not Recommended ~:~.!r-, ~' '~' ' Treasurer's Signature --'"~ Date Mayor Comments: r-~ Recommended ~ Not Recommended ~ Approved ~ Denied Mayor s Signature D'ate Fiscal & Budget Committee Comments: '-~ Fiscal & Budget Commit~e Sign'~a~Jre Date