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HomeMy WebLinkAbout02/28/2007 AGENDA mT~...i ,I , . ...~' -'---'1 ~ ::~~~'~_~':~~~; '?~J FilE CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 0 (360) 473-5280 ***AMENDED*** FEBRUARY 28, 2007 CITY COUNCIL MEETING AGENDA 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business B. Presentation of an Interlocal Agreement with Kitsap County for Court Security Services by Ken Bagwell, Assistant City Attorney 2. CALL TO ORDER: 5:30 P.M. in CHAMBERS LOCATED ON FIRST FLOOR A. Pledge of Allegiance B. Invocation 3. PUBLIC RECOGNITION & ANNOUNCEMENTS 4. CONSENT AGENDA A. Claims & Check Register (#AB07 -039) 5. GENERAL BUSINESS A. Interlocal Agreement with Kitsap County for Court Security Services by (#AB07-040) 6. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING CITY COUNCIL STUDY SESSION Immediately following the City Council Meeting, the Council Members will reconvene in COUNCIL CONFERENCE ROOM 603 to hear presentations on the following items. Please note that no action will be taken, and the content of these items is subject to change. . . 1. Budget Adjustment for the Purchase of Storage and Equipment at the New Police Building - Police Chief Craig Rogers 2. Purchase of Dry-Pit Submersible Flygt Pumps from WHITNEY EQUIPMENT - Pat Coxon, Public Works & Utilities 3. Professional Services Agreement with MERCHANT PATROL for Security Services - Wayne Hamilton, Public Works & Utilities 4. Pre-Purchase of a 1.5 megawatt generator for the Wastewater Treatment Plant - Michael Mecham, City Engineer 5. Conveyance of 3,550 square feet of City property to the United States of America for Naval Station security improvements - Michael Mechani, City Engineer 6. Budget Adjustment and Contract with CONSERVATION TECHNIX for Park Plan Update - Wyn Birkenthal, Parks & Recreation Director 7. Proposed Resolution approving the New Hope Final Plat and Planned Unit Development for 18 units, File BP06-00190 - Nicole Ward, Community Development 8. Proposed Resolution adopting the Bremerton Neighborhood Enhancement Program - Marie Vila, Community Development Block Grant & Home Program 9. Proposed Resolution ratifying the Kitsap Countywide Planning Policies as approved by the Kitsap Regional Coordinating Council - Andrea Spencer, Community Development Director rI Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. DATE SUBMITTED: BILL# 07-037 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 4-A . . II _ . . . . . . . ... . . . a _ . . . . . . . D . . . a . II . . . . . . . . . . . . . a _ . . . . . . . . . . . . . . . . . . . a II · · · · · · · · · · · · · · · · · II · I SUBJECT: Claim & Checks Register Approval Committee Meeting Date: COUNCIL MEETING Date: ~~;;;2..Sr.-o7 Department: Financial Services Presenter: Cathy Johnson Phone: SUMMARY: ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: I CONSENT AGENDA ~ I FISCAL/BUDGET: OPERA nONS: COUNCIL PRESIDENT: M~~c?- p . RECOMMENDED MOTION: Move to approve: 1) Check#'s :51'19;;2 '7 - ::s/~/57 EFT's 95""C/S- - '7 ~ 3) Retiree Payroll for $ ~70) 3 ?7'r / ~ $ (.p~ 32-~.7( $ 2) Regular Payroll for ;z - ( ~- 0 7 COUNCIL ACTION: ~ove D Deny D Table D Continue D No Action DATE SUBMITTED: February 28,2007 BILL# 07-040 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SA ....a...........ma......................................D............................... SUBJECT: Interlocal Agreement for Court Security Services Committee Meeting Date: February 28, 2007 COUNCIL MEETING Date: February 28, 2007 Department: City Attorney's Office Presenter: Ken Bagwell 16 Phone: 473-2345 SUMMARY: RCW 39.34 authorizes the city to enter into agreements for the joint provision of governmental services. This proposed agreement authorizes the City to use Kitsap County's trained, professional Court Security Officers at the City's new Municipal Court Facility. The County will provide one Court Security Officer who will screen the public as they enter the facility. The Court Security Officer will also provide other general security services for the Court. ATTACHMENTS: Proposed Interlocal Agreement for Court Security Services FISCAL IMPACTS (Include Budgeted Amount): The initial annual cost of the agreement will be a base rate of$47,832 plus additional costs as outlined in the agreement. Funds are available in the 2007 budget for the initial six-month term ofthe contract. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: ~ CONSENT AGENDA D GENERAL BUSINESS ~ PUBLIC HEARING D --:?f-2. /" RECOMMENDED MOTION: Move to approve the Interlocal Agreement for Court Security Services and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action INTERLOCAL AGREEMENT FOR COURT SECURITY SERVICES This Agreement is entered into by and between Kitsap County, a political subdivision of the State of Washington (hereinafter referred to as the COUNTY) and the City of Bremerton, a Municipal Corporation of the State of Washington, (hereinafter referred to as the CITY). WHEREAS, the parties are authorized to enter into agreements for the joint provision of governmental services pursuant to RCW 39.34, the InterIocal Cooperation Act, and WHEREAS the County presently employs court security officers pursuant to the authority found in RCW 9.41.300(b) and pursuant to Resolution Number 82295 of the Kitsap County Superior Court executed August 25, 1995, and WHEREAS the City desires to contract with the County for the furnishing of a full time Court Security Officer to provide security and screening services for the City's municipal court. Now, therefore the County and the City mutually agree as follows: Section 1 1.3 1.4 GENERAL TERMS 1.1 PURPOSE. The purpose of this Agreement is to provide by this contract the services of a full-time Court Security Officer by the County to the City under the terms and conditions specified in this Agreement. 1.2 PAYMENT OF COSTS. The County shall invoice the City on a monthly basis for reimbursement of the costs of salary and benefits for a Step 5 Court Security Officer. The initial annual salary and benefits for this position shall be $47,832 subject to such adjustments as may be provided for in the County's collective bargaining agreement covering its employees. Both the County and the City shall be bound by the terms and provisions of the County's collective bargaining agreement covering court services for Court Security Officers together with any future amendments or modifications thereto. The City shall also reimburse the County for ordinary and usual uniform fees of approximately $400 per year and uniform cleaning fees of approximately $270 per year. In addition, the City shall provide coverage for the Court Security Officer during the regular morning, lunchtime and afternoon breaks of the Court Security Officer with an individual designated by the City. SUPERVISION OF COURT SECURITY OFFICER. At all times, the Court Security Officer shall remain an employee of the County and shall remain under the supervision and control of the Kitsap County Sheriffs Office. The supervisory contact within the Kitsap County Sheriffs Office shall be Support Services Sergeant or such other Kitsap County Sheriffs employee as may be designated. MODIFICA TION. The terms of this Agreement shall not be altered or modified unless agreed to in writing by the County and City and such writing shall be executed with the same formalities as are required for the execution of this document. Section 2 Section 3 3.2 3.3 1.5 APPLICABLE LAW AND VENUE. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and th~ venue of any action brought hereunder shall be in the Superior Court of Kitsap County. 1.6 WAIVER. The failure of either party to insist upon strict performance of any of the terms and conditions of this Agreement shall not be construed to be a waiver or relinquishment of same, but the same shall be and remain in full force and effect. 1.7 ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the City and County regarding the subject matter of the contract. Any oral or written representations not incorporated in the contract are specifically excluded. DURATION 2.1 This Agreement shall take affed on March 5, 2007 for an initial period of six months. The City will have the option of extending the initial term by a period of an additional 18 month(s) by giving written notice to the County of its intention to extend as provided in Section 4.1 of this Agreement. INDEMNIFICATION 3.1 The City will hold harmless, indemnify and defend the County, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages and judgments of any nature whatsoever, including reasonable costs and attorneys' fees in defense thereof for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the City's acts, errors or omissions in connection with the performance of the contract. The County will hold harmless, indemnify and defend the City, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages and judgments of any nature whatsoever, including reasonable costs and attorneys' fees in defense thereof for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the County's acts, errors or omissions in connection with the performance of the contract. The obligations under Section 3 of this Agreement include, but are not limited to, investigating, adjusting and defending all claims alleging loss from action, error or omission, or breach of any common law, statutory or other delegated duty by the parties, the parties' employees, agents or subcontractors. Section 4 NOTICES 4.1 All notices required by this Agreement to be given to the County shall be made in writing and personally delivered or sent by first class mail, postage prepaid to: Ben Holland, Director of Administrative Services 619 Division Street, MS-7 Port Orchard, W A 98366 4.2 All notices required by this Agreement to be given to the City shall be made in writing and personally delivered or sent by first class mail postage prepaid to: City of Bremerton Attn: Court Administrator 900 Pacific Avenue Bremerton, W A 98337 Section 5 TERMINATION 5.1 Either party of this Agreement may terminate this Agreement by providing 30 calendar days written notice to the other party as provided in Section 4 of this Agreement. 5.2 If funding for the underlying project or matter is withdrawn, reduced or limited in any way after the Contract is signed or becomes effective, the City may summarily terminate the Contract notwithstanding any other termination provision in the Contract. Termination under this provision . will be effective upon the date specified in the written notice of termination sent by City to the County. No costs incurred after the effective date of the termination will be paid. Section 6 SEVERABILITY 6.1 In the event any provision of this Agreement is found invalid or contrary to law, the remainder of this Agreement shall not be affected thereby. Dated this _ day of ,2007. Cary Bozeman Mayor City of Bremerton DATED this day of ,2007. BOARD OF COUNTY COMMISSIONERS KlTSAP COUNTY, WASHINGTON Chris Endresen, Chair Jan Angel, Commissioner Josh Brown, Commissioner ATTEST: Opal Robertson, Clerk of the Board APPROVED AS TO FORM: Deputy Prosecuting Attorney Date APPROVED AS TO FORM: Bremerton City Attorney's Office Date