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HomeMy WebLinkAbout04/01/98 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA APRIL 1, 1998 CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business CALL TO ORDER: 5:30 P.M. A. Pledge Of Allegiance B. Invocation 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. ''-J'~::~x~.P--' A. Minutes - March 18, 1998 #AB98-065 5. 6. 7. CLAIMS/CHECK REGISTERS COUNCIL MEMBER REPORTS MAYOR'S REPORT PUBLIC RECOGNITION - (Comments Limited to 3 Minutes) NEW BUSINESS A. Budget Adjustment - ReqUest For Bremerton Kitsap Access Television For Third Camera And New Control Room B. Intergovernmental Agreement With Kitsap County To Construct A Composting System C. Bid Award - Corrosion Control And Fluoridation Facility Do SR304 Transportation Improvement Project: Agreement With Washington State Department Of Transportation To Provide Funding For Right-of-Way Acquisition #AB98-066 #AB98-067 #AB98-068 ..~ ~ #AB98-069 4 3 QUESTIONS FOR THE MAYOR WHAT REVISED CODE OF WASHINGTON (RCW), OR WHAT ARTICLE OF THE WASHINGTON STATE CONSTITUTION PERMITS THE MAYOR OF BREMERTON TO APPOINT A PAY COMMISSION TO SET CITY COUNCIL SALRIES? NOTE: THE MAYOR SHOULD ASK THE CITY ATTORNEY WHAT PART ARTICLE XXVIII SECTION 1 OF THE WASHINGTON STATE CONSTITUTION PLAYS IN THE MAYOR APPOINTING A CITIZEN'S PAY COMMISSION. WHAT STATE LAW (RCW), BREMERTON MUNICIPAL CODE, OR ARTICLE OF THE WASHINGTON STATE CONSTITUTION FORBIDS THE CITY COUNCIL FROM ANSWERING QUESTION FROM A CITIZEN ABOUT FUTURE PAY INCREASES? THE MEMORANDUM (PARAGRAPH 3) DATED 03/26/98, FROM CITY ATTORNEY GLENNA MALANCA, ADDRESSES ARTICLE XXX SECTION 1 OF THE WASHINGTON STATE CONSTITUTION. QUESTION: WHAT DOES THE LAST SENTENCE OF PARAGRAPH 3 (WHICH STATES UNSOLICITED INVOLVEMENT IN THE COMMISSION'S PROCESS COULD BE INTERPRETED AS ATTEMPTING TO INFLUENCE COUNCIL COMPENSATION), HAVE TO DO WITH ARTICLE XXX SECTION 17 BASED ON THE MEMORANDUM (PARAGRAPH 3) DATED 03/26/98, FROM CITY ATTORNEY GLENNA MALANCA, DOES THIS MEAN THAT EIGHT (8) OF THE CITY COUNCIL MEMBERS VIOLATED THE LAW BY ANSWERING THE PAY COMMISSION QUESTIONAIRE LAST YEAR? CONSIDERING THAT THE MAYOR TAKES AN OATH OF OFFICE THAT REQUIRES YOU TO ~,I~O~, ~r~ l~^WS o~'~ s~^~ ~ ci~, ~I~ ~o~,co~^c~ ~c~,,~ w,~,~o,~ s~r^~ ~o~s~r~o~ ~ ~ ~ws~i, coi,~ o~ w,,s~ro~ DEL KNAUSS 139 OLYMPIC AVENUE BREMERTON, WA 98312 PHONE: 377-4425 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT':· MINUTES - MARCH 18, 1998 FOR AGENDA OF: APRIL 1, 1998 ORIGINATING DEPT: City Council ORIGINATOR: David Farr, President DATE SUBMITTED:~3-z~-gs 2. ~: (comment on back if necessary) ENDORS EME~NT IN FORMAT ! ON MAYOR APPROVED B1r COLrNCIL ~SI~D~-~R, SUBMITTAL: COUNCIL PRESIDENT~~ ~ ^ 4. SUMYakRY STATEMENT AND REOUIREMENT FOg COI~CIL AcTION: 8. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORC~42KNT OFFICIAL: .EXPIRATION DATE: REV%EW DATE: PUTJ, ED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED ~DISAPPROVED ..DATE AMENDI · CLEARANCE COMMENTS NON-PASSAGE: -STAFFING, BUDGETS, FACILITIES, EOUIPMENT OR OTTM RESOURCES: TAPES #1532, #1533 UNAPPROVED DRAFT CITY COUCIL MEETING MINUTES MARCH 18, 1998 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, March 18, 1998, at 5:30 P.M., with Council President David Farr presiding. Council members present were Jim Reed, Carlos Montgomery, Carol Arends, Mike Shepherd, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen. Aisc present were City Attorney Glenna Malanca and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council President Farr and invocation given by Reverend Richard Stone of Bremerton Unity Church. President Farr made the following announcement(s): (1) The City Council held a Study Session prior to the Council meeting to discuss general Council business. (2) The City Council held a Study Session from 5:05 - 5:25 P.M., in the Council Conference Room. The topic of discussion was "Suquamish Tribe's Chico Creek Watershed Project". (3) Immediately following the City Coundl meeting Council will hold a 15-minute Executive Session to discuss a "personnel" issue. (4) The City Council will hold a Study Session on March 25, 1998, immediately following the City Council meeting, in City Council Chambers. Topic of discussion: Kitsap County Comprehensive Plan/Growth Management/Urban Growth Areas - Kitsap County Commissioner Phil Best Paula Johnston, Deputy City Clerk, announced Agenda Item 3C had been pulled off the Agenda. CONSENT AGENDA A. Minutes of Meeting - March 4, 1998 #AB98-050 B. Professional Services Agreement with Kitsap #AB98-051 Peninsula Visitor & Convention Bureau TAPES #1532, #1533 City Council Reg. Mtg. Minutes March 18, 1998 Page 2 of 18 D. Professional Services Agreement with Bremerton Area Chamber of Commerce E. Professional Services Agreement with Kitsap County Historical Society #AB98-053 #AB98-054 #0062 M/S/C/U(McConnell/Montgome~) Motion to approve the Consent Agenda as presented. 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 #0086 M/S/C/U(Montgomery/Olsen) On March 18, 1998, the Council does approve for payment those vouchers included and further described as follows: 217835 through 218040 in the amount of $519,262.78; and Regular Payroll for the period ending March 15, 1998, in the amount of $707,764.48. COUNCIL MEMBER REPORTS Mr. Olsen announced the public is invited to an Arbor Day celebration on April 4, 12:00 noon, at the northern end of the Warren Avenue Bridge (former site of Scotch broom). Access will be via Clare Blvd., and Hemlock Avenue. The area is bordered by the Bremerton Parks Department building and the Bremerton Convalescent Center. The State Department of Natural Resources will be awarding the City with the nationally recognized "TREE CITY USA" award. Two volunteer groups, Youth Volunteer Americorps and KJtsap County Youth At Risk, will plant trees and shrubs. The Statement Department of Transportation donated plant materials and trees for this beautification project in addition to a grant from the National Tree Trust. This is the first step of a five-year plan to re- vegetate all of the right-of-way on the Warren Avenue Bridge. Questions regarding this event can be answered by Jim Trainer, Urban Forester in the Parks Department (478-5305). Mr. McConnell emphasized the importance for members of the public to attend the City Council's Study Session on March 25, 1998, immediately following the City Council meeting. This will be a joint meeting between a Kitsap County Commissioner, the City Council, and possibly the Bremerton Planning Commission. He emphasized the Growth Management Act will have a large impact on the City, County and all residents in those areas. TAPES #1532, #1533 City Council Reg. Mtg. Minutes March 18, 1998 Page 3 of 18 Mr. Law reported on March 17, 1998, he held a District #3 Neighborhood Meeting where residents had an opportunity to hear guest speaker Russ Hauge, Kitsap County Prosecutor. Following Mr. Hauge's presentation there was interesting discussion on issues ranging from parking and its challenges to home detention monitoring. The next District ~3 Neighborhood Meeting will be held April 21, 1998, with the guest speaker being the Design Engineer for the new Manette Bridge. Mr. Shepherd announced the next District #5 Neighborhood Meeting will be held March 26, 1998, 6:30 - 8:30 P.M., at Memorial Lutheran Church. The program for that meeting will include Captain Joe Hatfield, Bremerton Police Department, discussing Police issues and ansWer any questions; Bob Tulp, Public Works Operations Manager, giving an update on street conditions in District #5; Virgil Elkington and Tom Dorton will lead a discussion on parking strips and sidewalks; and there will be a review of the "To-Do-List. Refreshments for that meeting will be provided by Hardson Red Apple. He noted an interpreter for the hearing impaired will be available at that meeting. Mr. Shepherd announced the City of Bremerton Citizen Environmental Committee and City staff will host a Water Quality Open House on March 28, 1998, 10:00 AM - 2:00 P.M., at the Public Works and Utilities Operations Center. Puget Sound Naval Shipyard will also have a display on their efforts to clean up shoreline along Sinclair Inlet. Mrs. Arends thanked two City of Bremerton Animal Control Officers for their efforts in rescuing a stray dog from her yard today. The dog is a young female spaniel mix (white with brown spots) and if an owner is not found, it will be available for adoption through the Animal Control Department. Mr. Montgomery apologized to residents of District #8, who attempted to attend a meeting on March 17, at the Bremerton School District Office, that was canceled. He was out-of-town when it became known that there were scheduling conflicts for several individuals involved with that meeting. Mr. Reed referenced a newspaper article in today's "SUN" that talked about elected officials from several cities meeting in Poulsbo to discuss Kitsap County's Comprehensive Plan and its affect on those cities. He did not agree with the statement that the meeting started and stopped with an impasse. He believes the Study Session, scheduled for March 25, 1998, immediately following the City Council meeting was a direct result of the March 17 meeting. He noted Commissioner Garido intends to meet with the Port Orchard City Council and Commissioner Endresen was scheduled to meet with the City of Poulsbo Council. Mr. Farr reported he attended a presentation on Olympic College's kick-off funding raising to cover the remaining costs to replace and update the college TAPES #1532, #1533 City Council Reg. Mtg. Minutes March 18, 1998 Page 4 of 18 Library that was damaged in a past winter storm. At a later date, the College will make a presentation before the City Council in a Study Session. M~YOR~ S REPORT Mayor Lynn Horton announced the Bremerton School District's and the Bremerton Police Department's Drug and Alcohol Committee are sponsoring a Parent Party Patrol (a question and answer period) on March 26, 1998, 7:00 P.M., at the Bremerton High School Auditorium. Also participating at that meeting will be representatives from the Liquor Control Board, local law enforcement officials, insurance company attorneys, and an Emergency Room nurse. Mayor Horton read the following Proclamation: (1) MARCH 25, 1998 - KITSAP WATER FESTIVAL, which was accepted by Mindy Fohn, Public Works and Utilities Water Resources Division. She reported this is the 4th year of the Kitsap Water Festival. This event will host 1,000 4th grade students from Kitsap County schools for a whole day at Olympic College. The program includes presenters, exhibits, outdoor activities, and assemblies. The City of Bremerton has been an essential part of the festival and the organizing committee appreciates and recognizes the City's commitment to this event. She asked if anyone knew the percent of fresh water available on this earth? BREMERTON ROTARY DONATION TO CITY FOR THE EXPANSION OF EVERGREEN PARK Mayor Lynn Horton referenced a news article in today's SUN newspaper announcing the Bremerton Rotary Club's donation of $100,000 towards the expansion of Evergreen Park. Mayor Horton introduced Ron Pinckney, President Bremerton Rotary Club. Ron Pinckney stated he was accompanied by Carl Kramer, Past Rotary President, who was responsible for getting this idea started and Jerry Read, President-elect effective July, who will take on this commitment and see it through. He also pointed out other Bremerton Rotary members within the Council Chambers, i.e. Spencer Homing, Roger Home and Councilman John Law. The Bremerton Rotary Club is comprised of 112 members, mostly Bremerton business people, who strongly support the Bremerton community. They have watched with approval and excitement and anticipation many very positive things happening in Bremerton both through the City itself and other components, such as the School District and Puget Sound Naval Shipyard. Rotary tries to make contributions to things that will help the community as often as possible. This year the Rotary Club contributed funds to complete the playground at Kitsap Elementary School, which serves in the absence of a neighborhood park. They also contributed $30,000 to the Olympic College Library Replacement Fund to help make it more than just reconstruction of what it was, but to improve it and give Bremerton and Olympic College the TAPES #1532, #1533 City Council Reg. Mtg. Minutes March 18, 1998 Page 5 of 18 "first class" library that is deserved by extension makes Bremerton a better place to live too. Approximately three years ago, the City announced the intent to improve and expand Evergreen Park. At that time, their club took an interest in the project because it is an important element in what he would call the "renewal of Bremerton". By improving an area that currently is in a condition that detracts, it will go a long way improving the image of Bremerton both from the outside and from within the community. Over these past months, they have periodically checked in with the Parks and Recreation Department and Mayor Horton to get an update on what the City was doing in the way of park enhancement/expansion at Evergreen Park. From past experience, the City does have the opportunity to apply for grant funds and they see Rotary's donation as a way to leverage more dollars through matching grants that are; warranted based on community involvement and frequently are a multiple of whatever financial contribution might come. They understand there are no guarantees that will happen, but it did put them over the top in their decision making that they felt this was a great opportunity to get more "bang for their buck" and hopefully the City of Bremerton will be the recipient of that "bang". He envisions the day when he can be driving north on Pacific Street to 11th Street and look down on Smith Cove and see beautiful emerald green park land that will draw people to it. This week the Rotary Board authorized pledging $100,000 to the City of Bremerton for the renewal and expansion of Evergreen Park. He noted this donation equals or exceeds the largest donation the Bremerton Rotary Cub has ever granted for Bremerton in its 57 years, which is an indication of how important they see this project. Mayor Horton gratefully accepted the Rotary's donation of $100,000. She also sees this as an opportunity to use the Rotary's funds to leverage grant funding greater than the $300,000 ceiling in past years. The City of Port Angeles was the recipient of a one million-dollar grant for aquatic land preservation. From past experience, the City has learned the importance of community involvement in projects that involve grant applications. City applies for grant funding. This $100,000 is a true commitment to the Community and support for this park project. A meeting was held with Mr. Shepherd to talk about some housing opportunities that would start construction by year-end that would be a catalyst for other housing opportunities around Smith Cove. Another spin-off benefit would be if the city is fortunate to get grant funding, the Rotary donation could be used for improvements in another park within the City, i.e., VVhite's Blueberry Farm, etc. that is equally as needy for park facilities. Mayor Horton introduced Roger Home, representing Failure Analysis, whose firm has been working with the City and the Department of Ecology to address environmental concerns. RoRer Home, Failure Analysis Associates Inc., explained they have been studying the environmental problems in the industrial area of Smith Cove, i.e., soil sampling, lab work, developing reports. They have met frequently with the State Department of Ecology (DOE); and last week DOE provided comments on TAPES #1532, #1533 City Council Reg. Mtg. Minutes March 18, 1998 Page 6 of 18 the last technical report that Failure Analysis submitted. A meeting was held with DOE to resolve the comments made so that now the City is in a position to move forward. Another meeting with DOE is scheduled for March 19, 1998, which will involve the State legal side and the City. He anticipates once that issue is dealt with the City should be ready to make use of those grant funds. He emphasized this is a very positive project and it has the State's support. Mayor Horton extended a special "thank you" to all of the members of the Bremerton Rotary Club for their contribution. Mayor Horton announced one of the issues discussed at the City Council Retreat on February 28, 1998, was the formation of a Citizens Advisory committee to review the City's Ethics Code. Due to heavy work schedules, she felt it was not possible to put this committee together until after April 1. Anyone interested in serving on that committee can apply through her office. President Farr thanked the generosity of the Bremerton Rotary Club and noted the citizens of Bremerton are indebted to them. Mr. Shepherd also extended his "thank you". The seed money for the rebuilding of Evergreen Park is the beginning of a fondly held dream for many District #5 residents. PUBLIC RECOGNITION Carol Atkinson, Bremerton Main Street, thanked everyone, who participated in the St. Patrick's Day Parade on March 14, which was well attended and it was a sunny day. She acknowledged the parade sponsors: Puget Sound Beverages, Tim Ryan Construction, and THE SUN. She thanked April Chandler for the newspaper article in the Neighbor's section of today's SUN. She also thanked the U.S. Bank and Washington Mutual Bank for allowing the use of their parking lots for a staging area. She acknowledged the support of the Bremerton Police Department and the KCR Americorps. She'also thanked Council members John Law, Wayne Olsen, Mike Shepherd for attending. She extended a special "thank you" to Councilman Cecil McConnell for serving as Grand Marshal, Lois McFatter for being the Honorary Grand Marshal, Bob Winters for announcing the parade, all the contest winners, and the Knights of Columbus for their service as Color Guard. Del Knauss, Bremerton resident, stated last week he handed out a questionnaire concerning City Council salary; however, the City Attorney advised them to not answer Mr. Knauss' inquiry. He felt he should have been notified, either by the Council Office or the City Attorney's Office, that Council members were advised not to respond to his questions. He formally submitted, in writing, the following question to the City Attorney: "Why have you advised the City Council not to answer the attached questionnaire (questions he asked last Wednesday)? Which law, RCW or BMC did she base her decision?" He reminded the City Council that last year they answered similar questions for the TAPES #1532, #1533 City Council Reg. Mtg. Minutes March 18, 1998 Page 7 of 18 Council Salary Commission, which were made available to the public. The questions he asked were the topic of discussion at the Commission's last meeting in a public open forum. In regard to the Commission, he was concerned when one of the members stated they don't really care whether the Council gets a pay raise as long as the position of President receives a substantial pay raise. David Chivis, volunteer with the Roxy Theatre, announced the Theatre is featuring a Silent Film Festival March 21-22, and funds from that event will benefit the Kitsap County Historical Museum. An upcoming event at the Theatre will be a community-wide Talent Show. Susan Brown, Bremerton resident, referenced a 'comment that she heard Councilman Montgomery make at Council's Retreat on February 28, 1998, regarding who would serve on a citizens advisory committee to review the City's Ethics Code. It concerned her that he made the following statement: ..."that there wasn't anyone in Bremerton that was qualified to be on the Ethics Committee". She wanted Mr. Montgomery to clarify his statement at this time. Mr. MontQomerv stated he did not recall saying those words, however, he would review the tape recording from that meeting. Mrs. Brown cautioned Mr. Montgomery to be careful what he says. She used the example of what happened when Mayor Horton used a slang word in front of THE SUN's Editorial Board that was interpreted differently than what she meant. Mrs. Brown felt Mr. Montgomery's comment was very disrespectful to the people of Bremerton and she believes there are capable people in the City. She would like Mr. Montgomery to apologize for his remarks, if he finds that he did make them. Glenna Malanca, City Attorney, stated the City Council has a rule that personal complaints, especially those of a derogative nature against any official or employee of the City shall not be discussed at a Council meeting. Mrs. Brown asked if that was what she was doing? She believed she was responding to something she heard at a public meeting. Don Larson, President Kitsap Diving Association. Encouraged the City Council to participate in the Sinclair Inlet clean up event on April 18, 1998, 11:00 AM, starting at the boardwalk and extending to Evergreen Park. On that same day, volunteers are also needed to help enhance the shoreline along Lions Field. He also encouraged Council to consider a marine protected area along the waterfront. He noted the bottom fish stocks in Washington are in serious trouble. Edmond's Waterfront Park is one of the shinning examples of where divers can see large and great quantities of fish. A point of contact for marine protected areas is Mary Lou Mills of the Washington State Department of Fish and Wildlife at milIsmlm@VFW.WA. GOV or (360) 902-2834. He handed out a flyer published by a San Juan Island County group that is working to establish a marine protected area. TAPES #1532, #1533 City Council Reg. Mtg. Minutes March 18, 1998 Page 8 of 18 Officer Derrick Chandler, Department of Defense Police, extended an invitation to the City Council to attend the first annual Hoopin It Up Basketball Tournament on March 20 at Olympic College, and March 21, and 22 at Bremerton High School. The Bremerton Police Department and the Department of Defense Police sponsor a Police Explorer group, which is for youth ages 14-20. Two Explorer members handed out passes for the Hoopin It Up Tournament to the Council members. Officer Chandler explained the Explorers volunteer their time in the community and receive training in law enforcement practices and procedures, civil leadership, etc. The Hoopin It Up Tournament is a fund raising event. Anyone interested in donating to this event can call Officer Chandler at 476-2165 or Officer John Neal, Bremerton Police Department - 415-8575 8A- REAPPOINTMENT OF BILL ROBINSON TO THE BREMERTON PLANNING COMMISSION, #AB98- 055 The term of Bill Robinson on the Planning Commission will expire April 1, 1998. It is recommended he be re-appointed to another term. Mayor Lynn Horton stated Mr. Robinson has served three years on the Planning Commission and is currently chairing the Commission; and he also serves on the City's Audit Committee. She noted he takes a very pro-active role on the Planning Commission. She urged Council to approve the reappointment of Bill Robinson to the Planning Commission. Public comment - none. Mr. Overson stated he has been acquainted with Mr. Robinson for a number of years and found him to be a super Engineer and individual, and a great contribution to the City's Planning Commission. Mr. Mont.qomery commended Mr. Robinson for volunteering to serve and doing an outstanding job on both committees. Mr. Shepherd pointed the need for committed volunteers to serve on City Boards and Commissions. He also acknowledged the fact Mr. Robinson will be helping to make the future of the Bremerton community through the Planning Commission portion. Mr. Olsen stated he and Mr. Robinson served together on the Planning Commission and he would describe him as a forward leader. At times they would disagree over issues, but Mr. Robinson always had a reason for his opinion. He agreed the City could use more people like Mr. Robinson. Mr. Reed stated he serves on the Audit Committee with Mr. Robinson, admired several of his decisions, and disagreed on others. He finds Mr. Robinson to be /0 TAPES #1532, #1533 City Council Reg. Mtg. Minutes March 18, 1998 Page 9 of 18 an upstanding citizen and he will support the Mayor's recommendation to reappoint him to the Planning Commission. #1517 MISlClU(ArendslOverson) Motion to confirm reappointment of Bill Robinson to the Planning Commission. Vote on Motion: In Favor: Montgomery, Reed, Arends, Shepherd, Farr, Overson, Olsen Abstain: Law, McConnell Motion carried. Mr. Robinson thanked the Mayor and Council for their support. He has enjoyed serving on the Planning Commission over the past three years where they have had lots of interesting discussions. He believes the Commission has made some differences in some areas of the City and hopes to continue to do so. As chairman of the Planning Commission and speaking for Commission members, he thanked the City Council and Mayor for the support they receive. That support gives the Commission an idea of their goals, agendas, and what the Mayor is trying to do for the City. He believes the Commission is in full agreement with that focus and attempting their very best in spite of some contentious issues. A new Commissioner was seated at their last meeting, who is an ex-Ambassador, and he too supports the City and what the Council and Mayor are trying to achieve. 8B - ELECTRONIC MONITORING AGREEMENT WITH THE WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS, #AB98 - 056 The City intends to increase its use of home monitoring both in response to the over-crowding of the county jail, and as an alternative to the high cost of incarceration. Electronic home detention is a process that allows for confinement of defendants in their homes for a specific period of time, in lieu of jail, or as an enhancement to community supervision, and monitors their activity on a prescribed schedule. The court estimates approximately 15-20 defendants per month may be eligible for home detention. The contract with the Washington Association of Sheriffs and Police Chiefs provides for a cost of $5.75 per client per day for radio frequency only, and $8.75 per client per day for RF and breath. This price includes equipment, maintenance, training, one-way shipping, and monitoring devices. The City will be hiring a part-time temporary employee to review applications for home monitoring, make recommendations to the Court regarding eligibility, meet with the defendant to install the home monitoring bracelet, monitor compliance reports, and follow-up with the defendant and court as necessary. TAPES #1532, #1533 City Council Reg. Mtg. Minutes March 18, 1998 Page 10 of 18 Police Chief Paul Du Fresne stated the Summary Statement explained the program and at this time the City has access for these services through the Kitsap County Sheriff's Office. Through consultation with the City's own Court and Police officers, it was deemed desirable to have those services readily available. April Chandler, Reporter for THE SUN, asked if it was true that people are having to "take a number" and wait for a vacancy before serving their jail time in the County Jail? Chief Du Fresne explained the jail overcrowding situation has been critical over the past several months. A recent report indicated that in February the jail population was averaging 270 inmates per day and the jail was originally built to house only 200 inmates. That condition has made it difficult for the Bremerton Police Officers to get people into jail that had a warrant out on a misdemeanor infraction. It also makes it difficult for Municipal Court to schedule defendants that have been convicted or plead guilty to serve their time or have responsible service back to the community. He sees the Electronic Monitoring Program as an alternative to simply not attending some consequence for some people. Roy Mclnnis, Bremerton resident, stated he recently read in the newspaper where another City had a $15.00 per day charge for this same service and questioned why the City would be only charging $13.00 per day? He also questioned how that charge would be collected once the program is implemented? Chief Du Fresne stated he could not respond to the difference in charges through the County Sheriff's office. The fees of $13.00 are for costs that have been determined for the City's use of that equipment on a daily basis. The City will only be charged for the days that it is in use. The City will bill, in advance, those defendants that are financially able to pay because it does provide an opportunity to not go to jail and only certain people will qualify for the program, i.e. those not threatening to the community or likely to damage the equipment, etc. That collection will be done at the Court Clerk's Office. In some jurisdictions, as an alternative to going to jail, a defendant can agree to opt for a longer pedod of home detention than if placed in jail. He anticipates having this program ready for implementation within 2-3 weeks. Mr. Montgomery stated several Police Officers related to him the circumstances where they have put someone in jail in Port Orchard expecting them to be held behind bars, but in fact that actually beat the Police officer back to Bremerton upon his return. On Sunday, a person was arrested in his neighborhood for breaking into a garage and the Police Officer had to call ahead to the Jail to determine if they had space to hold him. He hoped this home detention method would free up enough room so that those that should be in jail are incarcerated and not free to roam the streets. TAPES #1532, #1533 City Council Reg. Mtg. Minutes March 18, 1998 Page 11 of 18 Mr. McConnell asked if the City would be using the equipment described in Section III Compensation and Method of Payment..."The City agrees to pay WASPC the sun of $150.00 each month for each Drive-BI unit provided? Chief Du Fresne explained that was a unit that the City would probably not use. Some jurisdictions place those units in Police vehicles, which allow the Police Officers to drive by a convicted person's residence and determine their location within that structure. Those systems are used for more high-risk people that may be on home detention for minor felony charges. Mr. McConnell questioned if the Inventory Cost of $3.85 was a one-time charge? Kathleen McCluskey, Director of Administrative Services, stated based on her discussion with the Sheriff's Department, that charge is being waived and she recommended that the two paragraphs referenced by Mr. McConnell be stricken from the contract. Mr. McConnell stated at the District #3 Neighborhood Meeting on March 17, 1998, Russ Hauge, Kitsap County Prosecutor, talked about the home detention program including the Drive-BI monitoring equipment. Chief Du Fresne stated he also believes that particular equipment has been used for pre-incarceration defendants or people that are awaiting appeals or going to trial. Since the Bremerton Municipal Court handles only cases of misdemeanors and civil infractions, there would be no need for that level of monitoring. However, it may be advantageous for Kitsap County Courts to utilize that level of service. Mr. Overson stated he does not support this program and views it as a "bad idea" based on the fact that it would be used for people that should be in jail for committing crimes. On close scrutiny, this program is essentially the same as letting people out on the streets to do what they like because there is no real monitoring. The City's Police Department does not have the resources to monitor properly. He was very concerned that it will provide people with an opportunity to recommit crimes that could end up with the City being sued. Not long ago in Kitsap County a heinous crime was committed by an individual on work release. He sees this as another example how something like that could happen. It is also a tendency toward leniency for a situation where it should be the exact opposite and there are lots of victims because of this leniency approach. He would like to see something done more strongly reverse the crime situation. Mr. Law concurred with Mr. Overson and hoped this would be more the drunk- driving group than the ones committing domestic violence acts. He questioned if those charged with domestic violence would be allowed on this program? Chief Du Fresne stated the decision as to who qualifies to be offered this option of home detention will be made by the Municipal Judge after review of a request by either the Prosecutor or Defense Attorney. He doubted those charged with drunk driving would be allowed to use home detention since State law requires them to serve a jail sentence. The ability for Bremerton Police to put people in jail for TAPES #1532, #1533 City Council Reg. Mtg. Minutes March 18, 1998 Page 12 of 18 violent crimes is critical and even for less violent crimes it is getting critical because there isn't a place to put them. He was very doubtful that this program would ever be used for someone who had committed a violent crime. If there is appropriate jail space, they would be put into that facility for their crimes. This program is proposed because there is not adequate jail space, not because of any wish to avoid people paying the consequence for committing a crime. Mr. Law stated he would support this proposal, but was apprehensive about someone feeling threatened by an individual that was on the home detention program thereby possibly having the opportunity to disable the equipment. In answer to Mr. Mclnnis' concern, the City may be "stiffed" by someone for $5.00 per day, but that is better than the $57.00 charge at the County jail. Municipal Court Jud.qe James Docter stated he doubted anyone promoting this program disagrees with Mr. Overson. Ultimately, his response would be "build me a jail", which is truly the alternative that he would prefer, but the City is not financially able to do that at this time. With regard to the type of crime, Chief Du Fresne and he serve on a committee that works with the Kitsap County Judges and law enforcement officers to prioritize who goes into the County jail both from a municipality level and the County level. That is an important and necessary aspect of this whole equation because he will be putting people on home detention, who he cannot get into the County jail. If the jail decides that domestic violence misdemeanants are acceptable there, then they will not be on his program. If the sub-committee or the jail decides that domestic violence misdemeanants will not be among those included in the jail, then they will be included for home detention. The current situation is he cannot get anyone into the jail for a commitment; however, they can be arrested. He noted that upon their arrest drunk drivers and domestic violence defendants are held in jail for a brief period of time to allow a cooling off period, to sober up, or until they can come before a Judge. The home detention program will at least give him a way to confine someone, who would not otherwise be confined due to limited space in the County Jail. Chief Du Fresne pointed out if someone cuts their "bracelet" and chooses to leave their residence, they will have committed a felony. He can get someone in the jail that commits a felony and the City will process charges against anyone that disregarded the monitoring system, and they will know that at the time they are set up on the system. Mr. Olsen agreed with Mr. Overson's and Mr. Law's concerns; however until a larger jail facility is constructed he views this as a viable option. #2648 MISIC(MontgomerylMcConnell) Motion to approve agreement with WASPC for electronic monitoring devices and monitoring as mended by deleting the paragraph addressing the cost of Inventory under Section TAPES #1532, #1533 City Council Reg. Mtg. Minutes March 18, 1998 Page 13 of 18 Vote on motion: In favor: Reed, Montgomery, Arends, Shepherd, Farr, Law, McConnell, Olsen Opposed: Overson Motion carried. 8C - BUDGET ADJUSTMENT REC~UESTS FOR STAFFING CLERK'S OFFICE~ #AB98- 057 The Tax & License Division of the Clerk's office has an Office Assistant ! position that was recently vacated. In order to better serve the public at the main counter of City Hall, we would like to reclassify this position to an Accounting Assistant ! so that all cashiering services can be offered at this station. This can be accomplished with current budget appropriation. The Civil Service Officer has reviewed the proposed duties of this position and determined that Accounting Assistant ! is the most appropriate. Kathleen McCluske¥, Director of Administrative Services, stated the benefit of this proposed change would enhance customer service, handle cashiering and act as a back up to the other cashiers, i.e., vacation, sick leave, or times of heavy workloads. President Farr asked if this means Bremerton is moving forward with one-stop bill paying? Mrs. McCluske¥ gave an affirmative response. Public comment - none. Mr. McConnell questioned if this change created any problem with the Civil Service Commission? Mrs. McCluskey stated no, the City's Civil Service Officer has reviewed this proposal and preliminary steps were taken prior to its coming before the Council to develop the Job Description, which has been approved by her. The next step will to take it through a posting process. Mr. McConnell stated cross-training has been recognized as a way to make any kind of operation more efficient and he wholeheartedly supports this action and would like to see it used in more areas where it can be accomplished in the City. Mr. Overson complimented staff on this progressive change and positive attitude toward customer service. #2906 MISICIU (Arends/Montgomery) Motion to approve Budget Adjustment #98-4, reclassifying Office Assistant ! to Accounting Assistant ! in the Tax & License Division. 8D - CONTRACT 360t ADDENDUM - KITSAP COMMUNITY RESOURCES FOR BREMERTON COMMUNITY SERVICE WORK PROGRAM, #AB98 - 058 In 1995, the City entered into a contract with Kitsap Community Resources (KCR) wherein KCR agreed to manage the City of Bremerton Community TAPES #1532, #1533 City Council Reg. Mtg. Minutes March 18, 1998 Page 14 of 18 Service Work Program. The program provides that defendants convicted in Bremerton Municipal Court are directed to the Community Service work program to perform a specific number of hours of labor for the City in lieu of jail or fines. This addendum renews the Agreement with KCR for an additional 1-year term, and amends the scope to include weed abatement services coordinated through the Department of Community Development. Kathleen McCluskey, Director of Administrative Services, pointed out one change to the Addendum to the Contract, Section III - deleting the following sentence: "The City will also reimburse KCR up to $1,000.00 for tools and supplies." The City's budget does have another $1,000.00 available in addition to the $12,000 and $1,000 previously identified, but it is not a reimbursement amount. The amount will be used by the City to purchase needed supplies and materials and maintain ownership. This program stated in 1993 or 1994 with contracted retired Police Officers running the program. At that time, the City paid approximately $20,000 per year. In 1995 the City contracted with the Kitsap Community Action Program (KCAP) at a cost of $5,500.00 per year and was part of the Americorps Program. Americorps picked up some of the cost, which carried on to 1996. In 1997 KCR (formerly KCAP) submitted a proposal, at a cost of $1,000 per month to the City for those services. The cost of the program for 1998, is at the same $12,000 per year with additional funds for insurance. The annual report for 1997 revealed that 396 workers were referred to the program with about 50% complete the program. Upon checking with other communities, Bremerton's percentage of workers completing the program is similar to other jurisdictions. The amount saved in Jail time was over $20,000 and the amount saved in Court cost and fees that would not have been paid because these were indigent individuals amounted to approximately $20,000. Public comment - none. TAPE #1533 Mr. Overson stated he strongly endorses this program and the results of earlier research have indicated it is one of the most successful programs in the whole judicial system and an opportunity to turn people around. David Boynton~ KRC, agreed with Mr. Overson and the numbers of people completing the work are increasing. One of the positive aspects has been relocating the services away from City Hall and the location of the old City jail. Also, with KRC being a social services agency, the community service workers can access other services they might need, i.e. WICK Program, Housing Program, Weatherizing Program, Readiness to Work Program, etc. He is not seeing as many people repeating, except for those that may not have shown up on their assigned day. He views this program as a win-win situation not only for the individual that Chooses to accept that responsibility, but it also helps KRC and the community. The work being done is visible to the community, i.e., clean sidewalks and alleys, etc. He TAPES #1532, #1533 City Council Reg. Mtg. Minutes March 18, 1998 Page 15 of 18 also believes that the individuals take more pride in their community now that they have had a hand in making it more attractive. President Fan' extended his thanks to Mr. Boynton. He has heard only positive comments about this program and Mr. Boynton's supervision. He questioned if this program was involved in removing graffiti? Mr. Boynton stated yes. approximately 150 - 200 pieces of graffiti per year have been removed and that work is on a continuing basis. The prioritized items are: removal of graffiti, yard abatement, and sidewalk/street/alley cleaning. He noted' many individuals have volunteered for other KRC projects after they completed their community service hours. So far in 1998, approximately 600 hours of service have been completed in January and February. Mrs. Arends asked what happens to those who do not show up to complete their assignment? Mr. Boynton explained their paperwork is reverted back to the Court and the Judge has the opportunity to issue a Bench Warrant to have that person arrested and brought back before him. Judge Docter stated if the paperwork is returned to the Court, there are two options: (1) summons the person in if they believe they will show up in response to the summons; or (2) issue a Bench Warrant. Either way the person is back before the Court or is placed in jail, if the jail will accept them. The individuals are given the opportunity to explain why they did not show up on the assigned day, in some instances those excuses are accepted, and a new date assigned. If the individual does not have sufficient funds to pay off their fines, the only option he has is community service. Mr. Boynton pointed out the program is managed just as if it were a job assignment in the sense if they don't show up then they are terminated; however, if they call in sick or some other extenuating circumstance, they may give the individual a few more days to set things in order and give them another opportunity to complete the work assignment. Mr. Montaomery stated he discussed this program with Judy Johnson, Interim Director of Community Development, and she was pleased to have the help to manage the Yard Abatement Program. He questioned the number of individuals that actually show up a second time, if they were a no-show the first time? Mr. Boynton stated the ones that complete their prescribed time might be seen again on some other pending court case that occurred during the time frame when they were going the system. Judge Docter stated he also gets a feel for those that would be good candidates for this program and are responsible enough to complete it. He also sees others coming back through the Court system 2-3 times and it is apparent they will not comply with the directed assignment. TAPES #1532, #1533 City Council Reg. Mtg. Minutes March 18, 1998 Page 16 of 18 Mr. Overson complimented the Bremerton voters for electing a quality Judge. This kind of program works because the Judge is willing to work to make the system successful. #0250 MISICIU (Overson/Shepherd) Motion to approve the contract addendum with Kitsap Community Resources. 8E - BUDGET ADJUSTMENT FOR THE LEGAL DEPARTMENT~ #AB98 - 059 The administration and staff have determined that it is in the best interest of the City to increase the level of professional staff in the Legal Department. It is believed that increasing City staff in this area and relying less on outside counsel will provide better service to City departments, the Mayor, and City Council at a lower overall cost. Glenna Malanca, City Attorney, stated prior to September 1997, Council authorized % time Assistant City Attorney. She initially filled that position and is now vacant. After review of some of the outside Counsel costs, which she considered astronomical for the City, she determined it was worth an attempt to fill the position with a full time person, who would be devoted to two issues: (1) to take some of the outside Counsel work costing between $75-180.00 per hour;, and (2) Code enforcement. This request involves transferring funds from the outside counsel services to a full time in-house Assistant Attorney ($21,500). Public comment - none. Council members McConnell, Mont.qomery, Arends, Shepherd and Olsen stated their support of this proposal based on the heavy workload the City Attorney is currently carrying, legal services will be more readily obtained by Council members and Administrative staff, a cost savings would be realized and allows flexibility when circumstances change. #0410 MISICIU (Arends/Olsen) Motion to approve Budget Adjustment Request No. 98-5. 9A - PUBLIC HEARING ON ORDINANCE (FIRST READING) AMENDING THE OFFICIAL ZONING MAP FROM "FOREST MANAGEMENT" TO "SF-2" TO CORRECT A 1989 OMISSION AFFECTING A PARCEL NEAR GORST, #AB98 - 060 In 1989, Puget Western, Inc. acquired a 20-acre parcel of City Utility surplus property in the Gorst area. The City Council approved a rezone from "Forest Management" to "Low Density Residential" to allow development of the property. However, the approved Rezone was never recorded on the City's Official Zoning Map, which continued to show "FM". This oversight was brought to our attention in late 1997, and staff initiated this Rezone to correct the Zoning Map to show the TAPES #1532, #1533 City Council Reg. Mtg. Minutes March 18, 1998 Page 17 of 18 zoning that was approved in 1989. The Planning Commission reviewed this proposal, and recommends City Council approval. The Council must conduct a Public Hearing prior to its final decision and action on the Ordinance. Ron Hough, Department Of Community Development, stated in 1989, Puget Western was negotiating with the City of Bremerton for the acquisition of a 20- acre parcel of City Utility-owned surplus property on the south side of Highway 3 in the Gorst area. Part of the proposal was to rezone the parcel for light industrial use. At the same time, an adjacent ten-acre parcel was being considered for annexation. Due to steep terrain, unstable soils, and other factors, the industrial zoning proposal was not well received. The City received strong opposition from the Kitsap County Board of Commissioners and from the Director of Kitsap County DCD. As a result, the City Planning Commission recommended that the property be zoned for Iow-density residential. The City council agreed in November 1989 and Puget Western acquired the property with "SF-2' zoning. The smaller 10- acre parcel was never annexed. The zoning action was considered part of a larger acquisition and annexation package and the annexation files were never completely closed. As a result, the Official Zoning Map was never updated, although the Rezone had been approved. No activity occurred on the Puget Western property for several years. In 1995, the City adopted its new GMA Comprehensive Plan and followed later with a revised Zoning Map that was consistent with the Plan. Neither the new Plan nor the new Zoning Map included the SF-2 zoning that was approved for the subject property in 1989. The property continued to be viewed as City utility land and zoned "Forest Management". Since 1989, the City of Bremerton had not taken any action to change the zoning of this parcel back to "Forest Management". Apparently an oversight occurred in 1989 when the Zoning Map was not immediately amended to show the new SF-2 zoning. Because of this oversight, City staff is recommending a "correction of error" action to correct the Zoning Map. Public comment - none. President Farr asked if any Council member believed their participation would conflict with the Appearance of Fairness doctrine, and headng none all Council members were seated. TAPES #1532, #1533 City Council Reg. Mtg. Minutes March 18, 1998 Page 18 of 18 #1023 M/S/C/U(Montgomery/Shepherd) Motion to approve Ordinance on first reading, amending the Official Zoning Map of the City of Bremerton, Washington, for a single parcel south of Highway 3 near Gorst. President Farr thanked the TV camera crew for their services: Robert Neal, Carl Heard, David Saunders, and Mike Peebles. With no further business meeting adjourned at 7:20 P.M. PAULA JOHNSTON, Deputy City Clerk DAVID FARR, City Council President City of Bremerton P J/DF/me cc: Normal Distribution FileNault ~GENDA BILL BREMERTON CITY COUNCIL SUBJECT: Budget Adjustment Request for Bremerton Kitsap Access Television for third camera and new control room FOR AGENDA OF: April 1~ 1998 ORIGINATING DEPT: Admin. Services ORIGINATOR: K. McCluskey DATE SUBMITTED: March 26. 1995 P~: (comment on back 3. if necessa~ Treasurer Fiscal/Budget~~~F~0~.c~-~--=~ Operations Budget Adjustment Request Revenue Worksheet ENDORSEMENTZ I~~I ON SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: A budget adjustment is required for allocating Bremerton Kitsap Access Television (BKAT) funding for additional expansion of the city council chamber equipment upgrade that includes the third remote camera and the control booth conversion. The funding source is the retroactive County reimbursement to the City for 1997 BKAT operations. RECOMMENDATION: Motion to approve Budget Adjustment # q -q RESPONSIBLE OFFICIAL: Admin. Svcs. ENFORCEMENT OFFICIAL: Admin. S¥cs. EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: Citizen's For Safe Water P. O. Box 493 Bremerton, WA 98337-0120 1 April 1998 Bremerton City Council Members, We request you delay voting on and awarding the contract for construction of the planned Corrosion Control Facility (CCF). Recently learned information indicates there were three tests done to determine the lead content of water at the faucet in houses in Bremerton. The first and third tests indicate a 90% probability that lead levels are within tolerance. The second test was not quite clear and appears to be inconclusive. This does not seem to be a basis for justification for installing the CCF and adding another chemical to our water. People are wanting to avoid exposure to chemicals, not adding more chemicals. Both Kathleen Cahall, of the Water Department, and Mr. Samply, of the Public Works Department, have indicated the CCF is needed because Bremerton's water is so soft that it leaches lead from piping installed in the houses. It is planned to add lye (sodium hydroxide, caustic soda - commonly known as Drano) to at least the water from Casad Dam. Mr. Samply also said that when fluoride is added to the water (itta,~_pears 8remerton will use fluosilicic acid), more lye will have to~ded to the water. This indicates that the reason for adding lye may be as a buffer to prevent the fluosilicic acid from creating much damage to the water system. Great damage has been proven and known to occur in many water systems where t~ use a fluoride base acid and don't add a buffering agent such as _~ or lime. Even with the addition of a buffering agent, there is damage to water systems and an increase in lead at the faucet. About 1993 Tacoma, Washington had a lead content of 0.035 PPM (the allowable upper limit is 0.015 PPM). When fluoridation system failed and fluoride was not being added to the water, the lead content dropped to 0.017 PPM. A definite indication that fluoride leaches lead from water systems. The information provided so far does not indicate a need for a CCF and definitely should not be a reason to spend more of 8remerton taxpayers money on an unneeded project. Please delay award of the CCF contract. All persons interested in and who want more information should call 377-7206. I will repeat the number - call 377-7206. Also call this number if you are interested in collecting signatures to put the fluoridation issue to a vote of the people. Paul Drnjevic IgGENDlg BILL BRERERTON CITY COUNCIL SUBJECT: Budget Adjustment Request for Bremerton Kitsap Access Television for third camera and new control room FOR AGENDA OF: April 1~ 1998 ORIGINATING DEPT: Admin. Service~ ORIGINATOR: K. McCluskey DATE SUBMITTED: March 26~ 199~ me ~: (comment on back 3. if necessa~ Treasurer Fiscal/Budget Operations Budget Adjustment Request Revenue Worksheet MAYOR ~ ~' COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: A budget adjustment is required for allocating Bremerton Kitsap Access Television (BKAT) funding for additional expansion of the city council chamber equipment upgrade that includes the third remote camera and the control booth conversion. The funding source is the retroactive County reimbursement to the City for 1997 BKAT operations. RECOMMENDATION: Motion to approve Budget Adjustment # in the amount of $16,482.92. and chan~ order #1 RESPONSIBLE OFFICIAL: Admin.' Svcs, ENFORCEMENT OFFICIAL: Admin. Svcs, EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: AMENDED 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.!: IMPACT ON NON-PASSAGE: Further enhancement of the council chamber equipment upgrade will not occur. IMPACT ON STAFFING, BUDGETS, FACILITIES~ EOUIPMENT OR OTHER RESOURCES BKAT Budget will reflect correct allocation of funding from City and County. 7. RESEARCH SOURCES: Requesting Department: CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST ADMINISTRATIVE SERVICES Adjustment Number: 98-9 I Approval Authority Required: ["'~mreasurer SOURCE OF FUNDS: Increase: BKAT Revenues [-'~Mayor F 25,000 Fiscal & Budget USE OF FUNDS: Increase: Supplies & Services Capital r-~C°uncil I 5,000 20,000 NARRATIVE: SEE ATTACHED Department Head Si~lnature Treasurer Comments: Date Director Si~inature ~) Date Recommended Mayor Comments: Not Recommended Treasurer's S,~lnature Date Recommended ['---] Approved r'---] Not Recommended Denied FisCal & Budget Committee Comments: Mayor's Si~inature Date Approved ['---"] Denied Fiscal & Budget Committee Signature Date BUDGET ADJUSTMENT 98-9 NARRATIVE During the 1998 budget process there were funding elements of BKAT that were still unknown. Since then the City and County have entered into a governmental service agreement and the County has reimbursed the City for 1997 BKAT operations (August thru December). This budget adjustment reflects this additional revenue and projected revenue that will be received throughout 1998 from the County for government services. It also transfers to Administrative Services funds to pay for the projected City expenditures for completing the City Council Chambers equipment upgrade, including the third remote camera, expanding the chambers control room capability and providing supplies for City public access purposes. BKAT BUDGET: 1998 Budgeted Revenue County pass through County governmental services City pass through City governmental services Total Budget: REVENUE WORKSHEET $57,600 -0- 20,800 30,000 $108,400 1998 Revenue Adjustment County Pass through County Governmental services City Pass through City govermental services $57,600 15,000 20,800 15~000 <move $15,000 to Administrative Services for city access purchases only> Total: $108,400 ADMINISTRATIVE SERVICES BUDGET From BKAT budget for city access purchases only County reimbursement for August, September 1997 Total: Capital $20,000 Supplies 5,000 $15,000 10,000 $25,000 AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Intergovernmental Agree- ment with Kitsap County to construct a composting system FOR AGENDA OF: April 1, 1998 ORIGINATING DEPT: Parks & Recreation ORIGINATOR: Jim Spencer, Dir. DATE SUBMITTED: March 24, 1998 2. CLEARANCES: (Comment on back if necessary) Parks & Recreation Director:~v~ City Treasurer."~ EXHIBITS: 1. Intergovernmental Agreement (KC-101-98) 2. Budget Adjustment Request 3. Conditional Operating Requirements Plan ENDORSEMENT ~/ INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: KJtsap County has provided an Intergovernmental Agreement that makes funding available that will enable the City to build a composting system for use by the Bremerton Parks and Recreation Department to compost vegetative/organic waste originating in our Park system. The cost of the project is not to exceed $10,000. A composting structure will be built in Stephenson Canyon adjacent to the nursery. The composted product will be recycled to the benefit of City Parks and land. RECOMMENDATION: That the City Council authorize and direct the Mayor to enter into the Intergovernmental Agreement with Kitsap County that establishes a composting system in Stephenson Canyon and approve the associated budget adjustment. RESPONSIBLE OFFICIAL: Tom Cressman ENFORCEMENT OFFICIAL: Jim Spencer EXPIRATION DATE: December 31, 1998 REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: AMENDED ll. AGENDAB[LL #: q ~- 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: The City will not be able to build the composting facility in Stephenson Canyon. IMPACT ON STAFFING, BUDGETS~ FACILITIES: EQUIPMENT OR OTHER RESOURCES: Minimal impact to staff to initiate the program. The structure will be built by contracted forces. A budget adjustment and assignment of a project number for the Parks Maintenance section is necessary. 7. RESEARCH SOURCES: N/A INTERGOVERNMENTAL AGREEMENT KITSAP COUNTY '- CONTRACT NUMBER: KC-101-98 This Agreement, entered into, l~y, and between Kitsap County (hereinafter referred to as the COUNTY) and the City of Bremerton (hereinafter referred to as the CITY), WITNESSES THAT: WHEREAS, the COUNTY is the lead agency for solid waste planning as required by Chapter 70.95 RCW; and, WHEREAS, the COUNTY is therefore eligible to receive funding from the Coordinated Prevention Grants (CPG) program administered by the Washington State Department of Ecology; and, WHEREAS, the CITY has the right to request the COI.FNTY to include their needs in that application; and, WHEREAS, the Washington State Department of Ecology has approved CPG funding for the project requested by the CITY; NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter contained, the parties hereto a~ee as follows: FUNDING The total funds to be disbursed to the CITY for the agreement period shall not exceed ten thousand dollars ($10,000). AGREEMENT PERIOD The effective date of this AGREEMENT shall be the date it is executed by both parties. The AGREEMENT period shall be upon signing through December 3 l, 1998. SERVICE PROVISIONS Funds provided to the CITY under this AGREEMENT shall be used solely for activities undertaken to fulfill the requirements of the Kksap County Comprehensive Solid Waste Management Plan and to implement the CITY's CPG request as described in ATTACHMENT: SCOPE OF WORK, which, by this reference, is made a part of this AGREEMENT. REIMBURSEMENT PROVISIONS The CITY shall submit an invoice voucher quarterly to the COUNTY during the progress of the terms of this AGREEMENT. Upon completion of the scope of work for the contract period, the CITY shall submit an invoice voucher to the COUNTY for the balance of the funds specified in this AGREEMENT by no later than December 31, 1998. NONASSIGNABIL!TY Neither this AGREEMENT, nor any claim arising under this agreement shall be transferred or assigned by the CITY. .,RECORDS AND DOCUMENTS The CITY shall maintain books, records, documents and other evidence of accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. These records shall be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by law, rule, regulation, or contract. The CITY will retain all books, records, documents, and other materials relevant to this AGREEMENT for six years from the date of final payment, and make them available for inspection by persons authorized under this provision. 10. I1. 12. 13. 14. RIQHT Of INSPECTION The CiTY shall provide right of access to its facilities to the COUNTY, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this AGREEMENT. NONDISCRIMINATION During the performance of this AGREEMENT, the CITY shall comply with all federal and state nondiscrimination laws, including, but not limited to Chapter 49.60 RCW, Washington's Law Against Discrimination, and 42 U.S.C. 12101 et seq., the Americans with Disabilities Act. In the event of the CITY noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, this AGREEMENT may be rescinded, canceled or terminated in whole or in part, and the CITY may be declared ineligible for further AGREEMENTS with the COUNTY. The CITY shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 'CITY NOT EMPLOYEE OF THE COUNTY The CITY and its employees or agents performing under this AGREEMENT are not employees or agents of the COUNTY. The CITY will not hold itself out as nor c~aim to be an office or employee of the COUNTY by reason thereof, nor will the CITY make any claim of right, privilege or benefit which would accrue to an employee under Chapter 41.06 RCW or Chapter 28B.16 RCW. AGREEMENT MODIFICATIONS '~'he COUNTY and the CITY may, from time to time, request changes to this AGREEMENT. Any such changes that'are mutually a~eed upon by the COUNTY and the CITY shall be incorporated herein by written amendment to this AGREEMENT. It is mutually agreed and understood that no alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the parties hereto, and that any oral understanding or agreements not incorporated herein, shall not be binding. DISPUTES Except as otherwise provided in this AGREEMENT, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute hearing. The parties shall select a dispute resolution team to resolve the dispute. The team shall consist ora representative appointed by the COUNTY, a representative appointed by the CITY, and a third party mutually agreed by both parties. The team shall attempt, by majority vote, to resolve the dispute. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. TERMINATION OF AGREEMENT A. If, through any cause, the CITY shall fail to fulfill in a timely and proper manner its obligations under this AGREEMENT, or if the CiTY shall violate any of its covenants, agreements or stipulations of this AGREEMENT, the COUNTY shall thereupon have the right to terminate this AGREEMENT and withhold the remaining allocation if such default or violation is not corrected within twenty (20) days after submitting written notice to the CITY describing such default or violation. Notwithstanding any provisions of this AGREEMENT, either party may terminate this AGREEMENT by providing written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date. Reimbursement for services performed by the CITY, and not otherwise paid for by the COUNTY prior to the effective date of such termination, shall be as the COUNTY reasonably determines. SPECIAL PROVISION The COUNTY'S failure to insist upon the strict performance of any provision of this AGREEMENT or to exercise any right based upon breach thereof or the acceptance of any performance during such breach, 'shall not constitute a waiver of any right under this AGREEMENT. HOLD HARMLESS A. It is understood and agreed that this AGREEMENT is solely for the benefit of the parties hereto and gives 2 15. 16. 17. 18. 19. 20. no right to any other party. No joint venture or parmership is formed as a result of this AGREEMENT. Each party hereto agrees to be responsible and assumes'liability fo"its own negligent acts or omissions, or those of its officers, agents, or employees to the fullest extent required by law, and agrees to save, indemnify, defend, and hold the other party harmless from any such Iiability. In the case of negligence of both the COUNTY and the CITY, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. This indemnification clause shall also apply to any and all causes 'of action arising out of the performance of work activities under this AGREEMENT. Each contract for services or activities utilizing funds provided in whole or in part by this AGREEMENT shall include a provision that the COUNTY is not liable for damages or claims from damages arising from any subcontractor's performance or activities under the terms of the contracts. PROPERTY Title to any property furnished by the COUNTY for the performance of this agreement shall remain with the COUNTY. Title to any property furnished by the CITY shall remain with the CITY. Title to property pUrchased by the CITY the cost of which the CITY has been reimbursed as a direct item of cost under this agreement shall pass to and vest in the COUNTY upon delivery of such property by the vendor unless the COUNTY specifically agrees to grant title to such property and in that case title shah pass to the CITY. Property furnished by the COUNTY, or property purchased with the funds delivered pursuant to this agreement, may be ased only for the performance of this agreement. GOVERNING LAW AND VENUE This AGREEMENT shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit bet~veen the parties arising out of this AGREEMENT shall be the superior court of Kitsap County, Washington. SEVERABIL1TY In the event any term or condition of this AGREEMENT or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, and applications of this AGREEMENT which can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this AGREEMENT are declared severable. PROVISION A. In the event that the CITY fails to expend state funds in accordance with state law or the provisions of this AGREEMENT, the COUNTY reserves the right to recapture state funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for a period not to exceed six (6) years following termination of the AGREEMENT. Repayment by the CITY of state funds under this recaptuYe provision shall occur within thirty (30) days of demand. In the event that the COUNTY is required to institute legal proceedings to enforce the recapture provision, the COUNTY shall be entitled to its costs thereof, including reasonable attorney's fees. REDUCTION IN FUNDS The COUNTY may unilaterally terminate all or part of this AGREEMENT, or may reduce its scope of work or budget under this AGREEMENT, if there is a reduction of funds by the source of those funds, and if such funds are the basis for this AGREEMENT. ADMINISTRATION A. The COUNTY'S representative shall be Gretchen Olsen, Solid Waste Program Manager, Kitsap County Public Works. B. The CITY'S representative shall be Tom Cressman. 21. ENTIRE AGREEMENT This AGREEMENT including referenced exhibits represents all the terms and conditions agreed upon by the parties. No other understandings or representations, oral or otherwise, regarding the subject matter &this AGREEMENT shall be deemed to exist or to bind any of the parties within. IN WITNESS WHEREOF, the COUNTY and the CITY have executed this AGREEMENT as of the date and year written below: Dated this day of ,1998. Dated this day of ,1998. CITY OF BREMERTON KITSAP COUNTY BOARD OF COMMISSIONERS' Lynn Horton, Mayor CHRIS ENDRESEN, Chair Printed Name of Representative CHARLOTTE GARRIDO, Commissioner ATTEST: PHIL BEST, Commissioner HOLLY ANDERSON, Clerk of'the Board 4 ATTACHMENT: SCOPE OF WORK KC-101-98 Goal: The goal of this project is to provide funds to Bremerton Parks to build a composting system for use by the Bremerton Parks and Recreation Department to compost vegetative/organic waste originating in their parks system. The facility/system will serve as a pilot demonstration project for possible construction of other composting sites in city or county-operated park systems in Kitsap County. Project Description: The COUNTY shall provide funds to the Bremerton Parks Department to plan, design, construct and equip a covered, three- bin compost system. The system shall be suitably designed and constructed to effectively reduce the Bremerton Parks Department's disposal of organic material at landfills, and the amount of wood waste being burned. The system will produce soil amendment for use in Bremerton Parks Department facilities. The COUNTY shall, in cooperation with the Bremerton Parks Department, develop and locate signage at the system that credits the use of Ecology grant funds and the cooperation of the COUNTY and the Bremerton Parks Department in the development and construction of the facility.. The composting system shall, where practical, be included in public information and outreach messages to the general public. In accordance with the appended "General Terms and Conditions," paragraph K, "Termination" of the CPG Agreement Grant No. G9800197, Ecology reserves the right to terminate this task number 5 if the COUNTY fails to commence work for this task within four months after the effective date of this agreement. The Bremerton Parks Department system shal[ be completed no later that June 30, 1997. The CITY shall, in quarterly reports to the COUNTY, document the volume of organic waste diverted from the waste stream and recycled for subsequent agricultural use. The COUNTY and the Bremerton Parks Department shall maintain, administer, account for, and dispose of equipment in accordance with the requirements outlined in the Administrative Requirements for Ecology Grants and Loans, Revised 7/95, (Publication No. 91-18). Expected Outcomes/Impacts: The CITY expects that approximately 350 cubic yards of organic material will be diverted from disposal at public/private landfills. 5 CITY OF BREMERTON -' BUDGET ADJUSTMENT REQUEST Requesting Department: PARK FACILITIES FUND Adjustment Number: IApproval Authority Required: NTreasurer F"~MayOr F Fiscal & Bad,let 98-7 SOURCE OF FUNDS: Increase: Grant from Kitsap County 10,000 USE OF FUNDS: Increase: Capital r~Council 10,000 NARRATIVE: This adjustment will provide for the construction of a composting facility with funding from Kitsap County. Department Head Si~lnature Treasurer Comments: Date Da/te / ~:~ Recommended ~ Not Recommend~d-~ Treasurer's Si ,,, Date Mayor Comments: Recommended r---] Not Recommended ~'] Approved ~ Denied ~. ~L 3/z_ y/F~ Fiscal & Budget Committee Comments: Mayor's Signature Date [----~ Approved [-~ Denied -<~~.~~~/ .~ ~//'/~ (_ Fiscal & Budget Comm~(ee~SJ~qn~ure Date Bremerton .:. Kitsap County Health District Willa ,4. Fisher, MD, MPH, Director 109 Austin Drive Bremerton, WA 98312 CONDITIONAL OPERATING ~QUIREMENTS PLAN Bremerton-Kitsap County Health District Environmental Health Division Section I. Administrative Information Operation Type: Operation Name: Operation Location: Operation Mailing Address: Operation Contact: Operation Phone: Composting Operation: 1. Non-Commercial 2. Non-Farm 3. Type 1 Feedstocks Only 4. <500 yd.S Feedstocks On-Site City of Bremerton Parks and Recreation Stephenson Canyon 680 Lebo Boulevard, Bremerton, WA 98310 Mr. Tom Cressman (360) 478~5305 This Conditional Operating Requirements (COR) Plan is issued by the Bremerton-Kitsap County Health District (Health District). The City of Bremerton (site owner/operator) shall maintain and conduct site operations in a manner consistent with the requirements herein and notify the Health District in advance of any alterations or changes in site operations. The COR Plan regulatory approach for this operation is consistent with permitting and fee modifications adopted administratively by the Health District on October 8, 1997. Section II. Operation Overview The City of Bremerton Parks and Recreation Department has requested approval to operate a small-scale composting operation on City of Bremerton property at the Stephenson Canyon site on Lebo Road in Bremerton. The operation will be a non-commercial, non-farm operation, using only vegetative feedstocks (as described in Section IV), with 500 yd.3 or less of feedstocks and active compost material on-site at ,any one time. As such, the site owner/operator has agreed to maintain the size of the operation as described above, use low hazard feedstocks as described in Section IV of this COR Plan, and not to sell or distribute the finished compost product to the public. POULSBO ANNEX Solid and Hazardous Waste Program ! Water Q,_,~_~ Program 19540 Front Street Mailing Address: P.O. Box 1076 - Poulsbo, WA 98370-0050 (360) 692-3611 FAX (360) 692-6684 City of Bremerton Parks and Recreation Compost Operation Conditional Operating Requirements Plan Page 2 of 5 A three (3) bin composting system will be constructed to contain yard waste generated by City of Bremerton Parks personnel during park maintenance activities. Feedstocks will be mixed and composted to produce a finished product used as a soil conditioner on park land owned by the City of Bremerton. The composting operation will be constructed on a concrete pad, and covered to prevent rain water infiltration. The Kitsap County Department of Public Works Recycling Coordinator will assist City of Bremerton personnel with implementation of the composting process. Section IH. Operation and Maintenance Requirements A. The site owner/operator shall operate and maintain the operation in compliance with the following minimum general requirements: 1. Ensure that at least fifty percent of the wastes have been recycled every three years and no material has been on-site more than five years; and 2. Ensure that no ground water, surface water, air, and/or land contamination has occurred or will likely occur under operating conditions or in case of fh'e, or flood; and 3. Ensure compliance with all other applicable federal, state, and local air quality, water quality, and land use regulations and requirements. B. The site owner/operator shall operate and maintain the operation in compliance with the following minimum specific requirements: 1. Maintain all access roads and ditches; 2. Maintain all project structures and systems in good operating condition; 3. Minimize birds, insects, rodents, and other potential vectors by using best management practices; 4. Minimize unauthorized entry and/or disposal of waste material on-site; 5. Prevent nuisance odors; 6. Manage stormwater mn-on in a manner that will prevent washout of all feedstocks, active composting material, and finished product; and Store all active feedstocks and compost material and operate the site in a manner that will prevent leachate mn-off to subsurface soil and to surface and/or ground water. At a minimum, all active feedstocks and compost material shall be stored on a concrete pad to prevent subsurface soil and potential ground water contamination. The pad shall be of City of Bremerton Parks and Recreation Compost Operation Conditional Operating Requirements Plan Page 3 of 5 sufficient thickness and strength to withstand stresses imposed by compost handling vehicles and the compost itself. Section IV. Acceptable Wastes A. The site owner/operator shall only accept vegetative waste material generated at City of Bremerton parks facilities for feedstock(s) used in the composting process. Bo The site owner/operator shall have no more than 500 cubic yards of feedstock(s) and active compost material accumulated on-site at any one time. The maximum volume of feedstock(s) on-site is based the size of the operation and the operation's ability to process that waste generated in any given year. Co The site owner/operator must make a verbal or written request to the Health District prior to accepting any material other than the vegetative waste generated at City of Bremerton parks facilities. The site owner/operator shall direct this request to: Bremerton-Kitsap County Health District Solid and Hazardous Waste Program P.O. Box 1076 Poulsbo, WA 98370 Phone: (360) 692-3611 FAX: (360) 692-6684 The Health District will verbally respond to this request, followed by a written response which shall be sent to the site owner/operator. Do All non-approved solid waste types, which for any reason are left, or are present, at the site, shall be removed immediately and deposited at a permitted solid waste facility approved to accept that specific waste type. Eo The site owner/operator shall immediately remove all active composting material and finished product from the site upon permanent closure. These materials shall be deposited at a permitted solid waste facility approved to accept that specific waste type. The site owner/operator shall in advance notify the Health District of its intent to permanently close the operation. Section V. Inspections Ao Site Owner/Operator Inspections: The site owner/operator shall inspect the operation to prevent malfunctions and deterioration, and operator errors and discharges which may cause or lead to the release of contaminants to the environment or a threat to human health. The site owner/operator shall report all instances of non-compliance to the Health District as soon City of Bremerton Parks and Recreation Compost Operation Conditional Operating Requirements Plan Page 4 of 5 as possible. Instances of non-compliance which may result in potential public health risk and/or envirOnmental damage shall be reported immediately. Bo Health District Inspections: Any duly authorized officer, employee, or representative of the Health District or the Washington State Department of Ecology may, upon giving prior notice to the site owner/operator present, enter and inspect the site, at any reasonable time for the purpose of determining compliance with the COR Plan. Section VI. Reporting The site owner/operator shall complete and submit an ~snntlal Report to the Health District. The annual report shall be submitted to the Health District on or before March 31 each year for the previous calendar year. The annual report shall include an estimate of the quantities and types of wastes recycled for purposes of determining progress towards achieving Kitsap County's goals of waste reduction. The annual report shall be submitted to: Bremerton-Kitsap County Health District Solid and Hazardous Waste Program P.O. Box 1076 Poulsbo, WA 98370 Section VII. Fees The site owner/operator will not be assessed fees for routine Health District regulatory activities while the operation is in compliance with the conditions of the COR Plan. Non- assessed Health District activities include the following: 1. Initial COR Plan drafting/issuance; 2. COR Plan and design review; and 3. Site inspections. The site owner/operator will be assessed fees for non-routine Health District regulatory activities associated with opera, tion non-compliance as described in this Section and in Section VII.C. below. If the site owner/operator or the Health District identifies a non- compliant condition, either during a site inspection or as the result of a complaint, the Health District and site owner/operator shall work together on an agreement on what corrective action is needed and when the corrective action needs to occur. This agreement shall be made in writing. The corrective action completion date shall become the compliance date. Fees will not be assessed for the Health District's time associated with this initial agreement and the Health District's subsequent re-inspection to determine compliance with the agreed corrective action. City of Bremerton Parks and Recreation Compost Operation Conditional Operating Requirements Plan Page 5 of 5 If the compliance date is not met, the Health District will issue a "Notice and Order to Correct Violation" letter to the owner/operator. Fees will be assessed for issuance of this letter, any subsequent compliance inspection, and any additional enforcement actions beyond those described in Section VII.B. above. The fee for these activities will be based on the current hourly billing rate provided in the Health District fee schedule in effect at the time these activities occur. The current 1997 hourly billing rate is $54.00 per hour. The site owner/operator will be sent a billing statement reflecting those fees assessed for activities performed. The site owner/operator shall then send check or money order within thirty (30) business days from receipt of statement. Payments shall be made to the following address: Bremerton-Kitsap County Health District c/o Accounting Department 109 Austin Drive Bremerton, WA 98312 Section VIII. Amendments The COR Plan may be amended by the Health District. Amendments shall be made in writing and become specific conditions of the COR Plan. Amendments will be forwarded to the site owner/operator for review and comment. Upon consideration of the site owner/operator's comments, the final amendment will be issued and become effective. Section IX. Non-Compliance The site owner/operator shall maintain and operate the operation in compliance with the conditions provided in this COR Plan. Failure to do so may result in the revocation of this COR Plan by the Health District, and the requirement by the Health District that the site owner/operator cease operations and close the operation. Section X. Signatures The undersigned representatives accept the provisions of this COR Plan. This COR Plan sha)l be in effect when signed by both parties. ' Si e Owner/Operator Date City of\Bf?merton ~eme~{o~7~dtsap County Health District Date Envirolnmohtal Health Division / c~sc~ w-~vq 16~solid'~sTcom posYl~mc or.doc~ 1 O- 23-~7 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: CORROSION CONTROL AND FLUORIDATION FACILITY - BID AWARD 2. CLEARANCES: (Comment on back if.nece/s~y) , ~)i/~f/y~uz~of Pu~tq~ W/o~s & Utilities City Treasurer ,,C4~mcil Operations Committee FOR AGENDA OF: April 1. 1998 ORIGINATING DEPT: Public Works & Utils . ORIGINATOR: R. Witt, City DATE SUBMITTED: March 16, 1998 3. EXHIBITS: 1. Location Map 2. Bid Tabulation ENDORSEMENT)~ INFOR/~IATION [] APPROVED BY COU~IL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: (SUMMARY STATEMENT ON PAGE 2) 5. RECOMMENDATION: The City Council award a contract for $857.329.21 (including sales tax) with Pease & Sons. Inc.. tbr construction of the project titled "Corrosion Comrol and Fluoridation Facility" in response to request for bids. In the event Pease & Sons. Inc. does not enter into the contract the bid roma titled "List of Proposed Substitute Equipment/Material Suppliers" be waived on the TEK Construction. Inc. bid. and a contract be awarded to TEK Construction. Inc.. for 5937.315.58 (including sales tax) for construction of the project titled "Corrosion Control and Fluoridation Facility." alld authorize the Mayor to execute the same. 9. RESPONSIBLE OFFICIAL: Director Pub Wks & Util ENFORCEMENT OFFICIAL: Director Pub Wks & Util EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED Il TABLED Il APPROVED 11 DISAPPROVED Il AMENDED COUNCIL DIRECTIVE: (OVER) 11. AGENDA BILL NO.: qg- 06 3 2. CLEARANCE COMMENTS: 3. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation The Con'osion Control and Fluoridation facility will provide two functions; adjustment of water pH for corrosion control, and addition of fluoride. Construction of a corrosion control facility is required to comply with the Lead and Copper Rule as administered by the Washington State Department of Health. The Department of Health has mandated that the con'osion control facility be operating not later than November 30, 1998. In April 1997. City Council directed staff to implement fluoridation of the Water System. Bids were opened for construction of the Corrosion Control and Fluoridation Facility Proje~ct on March 12, 1998. Ten bids were received for this project. The bid from Pease & Sons, Inc. for $793,089.00 (857,.~29.21 including sales tax,) was the low bid. Pease & Sons requested to withdraw their bid due to a bid error. The second lowest bid was from TEK Construction, Inc., fbr $867,081.94, ($937,315.58 including sales taxl) The bid from TEK Construction included a bid form titled "List of Proposed Substitute Equipment/Material Suppliers" which was deleted by addenda. The engineer's estimate for this project was $950,000 including sales tax. The action before the City Council is award of a contract with Pease & Sons, Inc., for construction of the project ti{led "Corrosion Control and Fluoridation Facility" in response to request for bids. In the event Pease & Sons, Inc. does not enter into the contract, the bid form titled "List of Proposed Substitute Equipment/Material Suppliers". be waived on the TEK Construction, Inc. bid. and a contract be awarded to TEK Construction, Inc., for $937,315..58 (including sales tax) for construction of the project titled "Corrosion Control and Fluoridation Facility." 6. IMPACT ON NON-PASSAGE: Construction of the Corrosion Control and Fluoridation Facility will be delayed. The Department of Health deadline to begin corrosion control of the City water system will not be met. 7. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES: Staffing: Budget: No impact - City staff have been allocated for the construction administration and inspection. No impact - This project is included in the 1998 budget. Facilities/Equipment: No impact. 8. RESEARCH SOURCES: dVi~, NoI,Cvgoq f! "~ ON ~110Aa353~1 I ! 1 / ,UJ'IIOVJ NOU.YGlUOn'L4 ONY qO~UNO0 NOI$O~I~JO0 I CITY OF BREMERTON BID TABULATION BID TITLE: DATE OPENED: ¢ORROSSION CONTROL FACILITY ~ TIME OPENED: 2:00 P.M. OPENED BY GIL RECORDED BY , SUMMARY I ooo -- 2:27 TOTAL BID "/~ 3; o~' 9 lC'. 5'0 5'Z~. L-I 770.6% 77-, 7'5~.G~' 7 7,,7S2.,,51 37, ~7. ~ I I ,0~% ,0%(0 .~,~' COMMENTS AGENDA BILL BREMERTON CITY COUNCIL RECEIVED I,'i~r] 2 3 1998 CITY OF BREMERTON ENGINEERS SUBJECT: SR304 Transportation Improvement Project: Agreement with State to provide funding for Right of Way acquisition FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: April1,1998 Public Works & Utilities Randy Witt, City Engin.eer~ April 23, 1998 3. EXHIBITS 2. CLEARANCES: (comment on b~ Director, Public Works/Utilities City Attomey City Treasurer Council Budget & Finance Committe~~ ENDORSEMENT /~ %/_I~ORMATION MAYOR_~C~ ' ..~. Y~4~.. A. Agreement (WSDOT #GCA-1179) APPROVED BY COUNCI~_SIDF~F:~~MITTAL: COUNCIL PRESIDENT [~.~..~ ,~J~L.~. 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: City staff in cooperation with the project partners have actively pursued grant funding for the project. As part of the various grant applications, all project partners have provided matching funds. To access the matching funds provided by other agencies an agreement must be executed. The Washington State Department of Transportation (WSDOT) through its participation in various grant applications has agreed to provide $431,653 towards Right of Way acquisition on the project. The attached agreement provides for disbursement of those funds to the City of Bremerton for use on the project. Staff recommends that the City Council authorize execution of the attached agreement. 8. RECOMMENDATION: That the Mayor is authorized and directed to execute the attached agreement with the Washington State Department of Transportation for Right of Way funding on the SR304 Transportation Improvement Project. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: City Engineer N/A PULLED TABLED 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENDED COUNCIL DIRECTWE DATE: 11. AGENDA BILL NO: q ~- 06q -43 2. CLEARANCE COMMENTS: IMPACT_ON NON-PASSAGE: Failure to execute the attached agreement will mean that inadequate matching funds are available for the grants received for the project. New matching funds sources will need to be developed or the grants returned to the granting agency. e IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: There is no impact on staffing, budgets, facilities, equipment or other resources. This funding was anticipated in development of the 1998 budget and has already shown as revenue and budget for this project. 7. RESEARCH SOURCES 98128\bk AGREEMENT GCA-1179 THIS AGREEMENT, made and entered into this ~day of , 1998, by and between the State of Washington, Department of Transportation, acting by and through the Secretary of the Department of Transportation, hereinafter called the "STATE", and the City of Bremerton, 239 4th Street, Bremerton, Washington 98337, acting by and through the Mayor, hereinafter called the "CITY" ~. WHEREAS, the CITY is the lead agency in Transportation Improvement Board (TIB)' project entitled "SR 3/SR 304 Gorst to Bremerton Ferry Terminal", and WHEREAS, the CITY, K/tsap Transit, Kitsap County, STATE, TIB, Federal Highway Adrrdnistration and the Department of the Navy are project partners on the SR 3/SR 304 Gorst to Bremerton Ferry Terminal project, and WHEREAS, the project partners provide funding for the project which has been used for project expenditures or to provide matching funds for grant applications, and WHEREAS, the CITY and the STATE previously entered into Agreement GC-9282 to cooperatively participate in the preparation of the Environmental Impact Statement (EIS) for the SR 3/304 Gorst to Bremerton Ferry Terminal project, and WHEREAS, the ElS has been cOmpleted and the Federal Highway Administration on May 21, 1997 issued a Record of Decision, and WHEREAS, the CITY has begun the development of the fight of way plans and the plans, specifications and estimate for the portion of the SR 3/304Gorst to Bremerton Ferry Term/nal project on SR 304 from the SR 3 Interchange to the Bremerton Ferry Terminal, and WHEREAS, the Federal Highway Admirfistration on September 15, 1997 authorized the CITY to begin with the early acquisition of total take parcels, and WHEREAS, the STATE has several projects programmed for improvements to SR 304 from the SR 3 Interchange to the Bremerton Ferry Terminal, and WHEREAS, the STATE has committed to the CITY to cooperatively participate in the completion of the CITY's project on SR 304 from the SR 3 Interchange to the Bremerton Ferry Terminal up to the amount available from the STATE's programmed projects in this area. GCA-1179 -1- NOW, THEREFORE, by virtue of RCW 47.28.140 and in consideration of the terms, conditions, convenants and performance contained herein, or attached hereto and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: I GENERAL CITY shall be responsible for the early right of way acquisition of total take parcels for the improvements to SR 304 from the SR 3 Interchange to the Bremerton Ferry Terminal. This agreement may be supplemented if the STATE receives additional funding and or to add additional phases of work. PAYMENT The STATE~ in consideration of faithful performance of the work to be done by the CITY agrees to reimburse the CITY for the actual direct and related indirect cost of the work up to a maximum of $431,653. An itemized estimate of cost for the work to be performed by the CITY at the STATE's expense is marked EXHIBIT "A", and is attached hereto and by th/s reference made a part of this AGREEMENT. Partial payments shall be made by the STATE, upon request by the CITY, to cover costs incurred. These payments are not to be more frequent than one (1) per month. It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any item and that, at time of final audit, all required adjustments will be made and reflected in a final payment. The CITY agrees to submit a final bill to the STATE within forty-five (45) day after the CITY has completed the work. During the progress of the work and for a period of not less than three(3) years from the date of the final payment to the CITY, the records and accounts pertaining to the work of the project and accounting therefore are to be kept available for inspection and audit by the STATE and/or Federal Government and copies of all records, accounts, documents, or other data pertainLng to the project will be furnished upon request. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until all litigation, claim, or audit finding has been resolved even though such litigation, claim, or audit continues' past the 3-year retention period. -2- GCA-1179 HI LEGAL RELATIONS No liability shall attach to the CITY or to the STATE by reason of entering into this Agreement except as expressly provided herein. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. APPROVED AS TO FORM; BY Glenna L. Malanca, City Attorney DATE: ASSET: BY: Kathleen McCluskey, City Clerk CITY OF BREMERTON BY: ~ W. Eugene Sample ,~'F;'--'''~ Director of Public Works and Utilities BY: Lynn H~rton, Mayor APPROVED AS TO FORM; · STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION ?d~ant A~tt-omey ~n'~ral (2/' / BY: -3- AGREEMENT GCA-1179 47 EXHIBIT A GCA-1179 ESTIMATED COST Right of Way 9.245.909 NOTE: State's partidpation is limited to a maximum amount of $431,653 -1- EXgl-lBIT "A' GCA-1179 Washington State Department of Transportation Sid Morrison Secretary of Transportation SR 304 Transp. Improv. Project File: ¢.o,~ ~, / ~oT / '~,l.S Olympic Region Headqu~rtm 5720 Capitol Boulevard, Tumwater P.O. Box 47440 Olympia, WA 98504-7440 (360) 357-2600 Fax (360) 357-2601- March 16, 1998 Mr. Randy Witt, P.E. City Bremerton 3027 Olympus Drive Bremerton, WA 98310-4799 SR 304 Gorst to Bremerton Ferry Terminal City of Bremerton Agreement GCA-1179 Attached for execution by the City are two duplicate originals of the subject agreement. After execution by the City please remm both originals to me for execution by the State. If you have any questions please call me at 357-2666. Sincer , '~'om~e~~ E Holcomb P.E. TransAid Engineer MAR 1 7 998 C/Yy OF B/~t/~r0N ENGIN~RS