HomeMy WebLinkAbout08/18/2010 AGENDA ' i
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CITY COUNCIL 345 6� Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473-5280
***AMENDED***
AUGUST 18, 2010
CITY COUNCIL MEETING AGENDA
1. BRIEFING 5:00 — 5:30 P.M. in COUNCIL CONFERENCE ROOM 603
A. General Council Business
2. CALL TO ORDER 5:30 P.M. in FIRST FLOOR CHAMBERS
A. Pledge of Allegiance
B. Invocation
3. MAYOR'S REPORT
4. PUBLIC RECOGNITION
5. CONSENT AGENDA
A. Claims & Check Register
B. Minutes of Meeting — July 21, 2010
C. Minutes of Study Session — July 28, 2010
D. Minutes of Meeting — August 4, 2010
E. Minutes of Study Session —August 11, 2010
F. Appointment of Kallie L. Gatzemeier-Wood to the CDBG/HOME Citizen Advisory Board
Capital Committee
G. Interlocal Agreement with Kitsap County for CDBG Services to share cost for
CDBG/HOME Programs Specialist
H. Automatic and Mutual Aid Interlocal Agreement for Fire Protection, Emergency Medical,
and other services
I. Technical Rescue Mutual Aid Interlocal Agreement
J. Interlocal Agreement with the City of Forks for Prisoner Confinement
K. Contract Extension with BaNK oF AnnERica for Primary Banking Services
6. GENERAL BUSINESS
A. Professional Services Agreement with CASCA�E PowER GROUP, LLC to develop a
Resource Conservation Management Program
7. PUBLIC HEARING
A. Ordinance No. 5119 to Surplus and Transfer Park Property to Right-of-Way for 11
�
Street & Warren Avenue Intersection Improvements 2" of 2 Public Hearings
8. COUNCIL MEMBER REPORTS
9. gDJOURNMENT OF CITY COUNCIL BUSINESS MEETING
� Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations
should contact the City Clerk's O�ce at (360) 473-5323 by noon on the Monday preceding the Council meeting.
BREMERTON CITY COUNCIL
MEETING SPEAKERS LIST
PLEASE PRINT YOUR NAME BELOW
IF YOU WISIT YOUR COMMENTS TO BE
INCLUDED IN THE RECORD
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REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK
, THANK YOU
Bremerton city counsel
I live on the corner of Shorewood drive and Madrona drive. We have lived there for two and one half
years,and have from the start, been blown away by the lawless driving speeds. `The speed limit on
Shorewood is twenty m/h and fifteen on 1Vladrona. Both streets are residential but also main arterial. It
is dangerous and scarey to walk on Shorewood drive.Something must be done. The police come down
occasionally and do traffic patrol and it does help, but very little.It is not nearly enough and never in
the evenings when things are the worst. There are times it reminds me of (MAD MAX) totally
LAWLESS! I arn not alone with my feelings and concern. Other people have tried to get some kind of
traffic control ,but have failed and given up . And things just get worse.
Speed bumps, A permanent speed monitor or ticket camera,or a regular scheduled police traffic
patrols would be a good way to start.This could be a very nice neighborhood but is being ruined by
speeding cars and motor cycles.
PLEASE HELP-HELP-HELP.
Thank you
Ron and Pat Greising
DA'TL-' SUBMITTED: 8/18/201U
AGENDA BiLi.,
C1TY Or BREM�ItTON
CITY COUNCIL
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SU�JECT: Committee Meeting Date:
COUNCIL MEETING Date: Au�ust l8, 2010
Claims & C;heck Re�isteY• Department: Financial Sex•vices
Presenter: C at}�y Johnson �
Phone: 4? 3-5296
�U1V�1li1ARY:
Consent Agenda iiem. Approval of c��ecics aa�d electronic fund transfers.
A'I'T�CI:�MEI`1'I'�: Check Register.
�`�SCAL �MPAC'�`S (Include Bud�eted Afnount):
APPRO�'A�:.S:
DEP�RTMENT DTT2ECTOR:
CITY ATTORN�Y:
I�INANCE DIRT:CTpR:
MAYOR:
COMMITT�E C�IAIR
COUNC]L PR�SIDCNT: _ ��- � �� CONSENT AG�NDA �
,�
GCNERAL BUSINESS ❑
PUBLIC I�EARING ❑
I3EC�Nff1Vd�iVDED ]!►���'Tl�tlN:
i) Cl�eck #'s 339057 throu�;h 3390SG and EFT's 10097 tha�ou�h l O133 in the amount of
$2,526,955, l 0.
2) Re�;ular Payroll for the pay period ending 3uly 3], 2010 in the arnount of $26,835.4G.
3) Regular Payrall for the pay period ending August I 5, 20l 0 in the amount of $696,659.1 S.
COUNCIL ACTYQN: � Approve ❑ Dei;y ❑ Table ❑ Contiizc�c (� No Actiou
I ):\ I I�. til �lil�ifi°I�i:l):
.�GFND�� Bll,l.
� C'IT�' OF E3RE:�1E:R'TUN
('i'fl' C'OL��('IL
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Presentcr: Nick Wofford,
Cbuncil President
Phonc:: (3GU) 473-5230
SU�t�iARY: Attached is the summary of the City Council Nteetin� held Sv (c� 2,� � 2o ( O
ATTACHMENTS: Meeting Minutes for �'v ( Y 2� � 2c� � �j
FISCAL IMPACTS (Include Budgeted Amount): N/A
.4PPROVALS:
DEPARTMENT DIRECTOR: Council President
C[TY ATTORNEY: N/A
FINANCE DIRECTOR: N / A
MAYOR: N/A
C'OMM[TTEE CHAIR N/A
('OUNC'lL PRESIDENT: C'ONSENT AGENDA
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
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' DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, July 21, 2010
The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, Jul�r
21, 2010 at 5:00 PM 111 COU►1C11 C011f21'211Ce ROOfTI 603 Of the NORM DICKS GOVERNMENT CENTER 345 6
Street, Bremerton, Washington, with Council President Nick Wofford presiding. Council Members
present were Will Maupin, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam Brockus,
Cecil McConnell and Jim McDonald. Also present were City Attorney Roger Lubovich; City Clerk Carol
Etgen; and Legislative Assistant Lori Smith. �
A COUNCIL BRIEFING was then held to discuss General Council Business at 5:00 PM in the Council
Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers.
The Pledge of Allegiance was led by Council Member Jim McDonald followed by the invocation
provided by Reverend Debbie Little of First Christian Church.
MAYOR'S REPORT Mayor Patty Lent was out of town...
Mayor Pro Tem Nick Wofford encouraged citizens to sign up for the City's newsletter e-News.
PUBLIC RECOGNITION
Maureen E. Eaquinta, President of the 2010 Bremerton High Grad Night Committee, handed a letter to
the City in an effort to raise the remaining balance due for the expenses she paid out of pocket for the
2010 Bremerton High School Grad Night event held earlier this year. Anyone interested in providing
financial assistance may contact Maureen at (360) 440-1059.
Carolee Valentine spoke in support of legalizing the ownership of chickens within the City limits of
Bremerton. Renee Hernandez also provided comments in agreement.
Debra McDaniel�addressed the concerns she has heard regarding odorfrom chickens and provided
assurance that four hens would not generate any recognizable odor, and also emphasized that chicken
manure is compostable while pet waste is not.
Kevin Koski suggested that the City's street cleaners also go down alleys every now and then.
CONSENT AGENDA
' A. Check Numbers 338663 through 338845; and EFT-10018 through EFT-10048 in the amount of
I $2,183,335.74; Regular Payroll in the amount of $734,750.44 for the pay period ending July 15,
2010.
� B. Minutes of Meeting — July 7, 2010
C. Minutes of Study Session — July 14, 2010
� D. Purchase of fine art prints created by Don Paulson dba DoN Pau�soN PHOTO�RAPHY located in
� Seabeck, WA
� E. Purchase of two pieces of ceramic tile art created by Paula Gill dba RE� STEP STUD�o located in
,
' Bremerton, WA
I
� F. Grant Approval with EPA for Gorst Creek Comprehensive Watershed Plan
' G. Amendment No. 1 to Memorandum of Agreement with the Kitsap Regional Library
�
! There were no questions or comments from the public...
i
j 05:47:32 M/S/C/U (Runyon/Arends) Move to approve the CoNSE►vT A�EN�A as presented.
! GENERAL BUSINESS
6A — PROFESSIONAL SERVICES AGREEMENT WITH BLUMEN CONSULTING GROUP, INC. FOR
THE SOUTH KITSAP INDUSTRIAL AREA (SKIA) SUB AREA PLAN: Lindsev Sehmel, City Planner,
summarized that the Department of Community Development has selected BLUMEN CONSULTING GROUP,
City Council Reg. Mtg. Minutes
Wednesday, July 21, 2010
Page 2 of 4
INC. to develop a sub area plan for the South Kitsap Industrial Area (SKIA). The plan will include public
outreach, planned action EIS, market study, development regulations and standards, development of
capital facilities and infrastructure improvements, and a greenhouse gas reduction plan.
This consultant was selected following an extensive process. The request for proposals was issued on
May 5, 2010 and was listed for 30-consecutive days in the Daily Journal of Commerce. The City
received seven (7) proposals and interviewed the top four (4) teams. The selection committee consisted
of Will Maupin, Bremerton City Council; Greg Jose, Planning Commission Member; F�ed Salisbury, Port
of Bremerton; David Overton, Property Owner; Mike Mecham, City Engineer; Andrea Spencer, Director
of Community Development; and Lindsey Sehmel, City Planner.
There were no comments from the public...
05:51:41 Mofion was made by Maupin; and seconded by Wheeler... Comments were then provided by
the Council...
Will Maupin was involved during the consultant interview process and was impressed by the expertise
demonstrated by Blumen Consulting Group.
Greq Wheeler was satisfied that Blumen Consulting Group has the necessary qualifications and
experience for this project; and thanked Community Development staff and the Selection Team for their
efforts.
Rov Runvon raised issues about operation and maintenance costs. Ms. Sehmel responded that these
issues will be considered and that the total for the project has a not-to-exceed amount. She added that
remaining amounts may be moved within tasks in this project. Mr. Runvon also thanked staff and fellow
Council Member Maupin for their work in this process.
05:58:25 M/S/C/U (Maupin/Wheeler) Move to approve the Professional Services Agreement with
BLUMEN CONSULTING GROUP INC. to create the SKIA Sub Area Plan and authorize the Mayor to finalize
and execute the contract in substantially the same form as presented.
PUBLIC HEARINGS
7A — ORDINANCE NO. 5118 AMENDING BREMERTON MUNICIPAL CODE (BMC) SECTION
20.48.060 TITLED "RESIDENTIAL PARKING DEVELOPMENT STANDARDS": Nicole Flovd,
Planner, explained that the action before the Council is to conduct a public hearing and adopt an
Ordinance to amend BMC 20.48.060 titled "Residential Parking Development Standards" as follows:
1. Reduce parking setbacks to 3' on side and rear lot lines;
2. Clarify setbacks associated to alleys; and
3. Allow required parking to be located in driveways.
President Wofford opened the public hearing. With no comments, the hearing was closed to the public
and opened to the Council...
06:01:20 Motion was made by Runyon and seconded by Robinson... Council Members then began their
discussion and provided comments... �
Mr. Runvon asked if these changes relate to any changes in parking enforcement. Ms. Flovd
responded that those are separate issues.
Mr. Wheeler was pleased that these changes will increase buildable area for homeowners; and thanked
staff and the Planning Commission for bringing these changes forward.
Mr. Maupin believed this is a common sense change to our Zoning Code; and also commended staff
and the Planning Commission.
City Council Reg. Mtg. Minutes
Wednesday, July 21, 2010
Page 3 of 4
06:04:38 M/S/C (Runyon/Robinson) Move to pass Ordinance No. 5118 to amend Bremerton Municipal
Code (BMC) Section 20.48.060 "Residential Parking Development Standards".
Voted in favor of Motion: Runyon, Wheeler, Robinson, Maupin, McDonald, McConnell, Brockus, and
Wofford
Voted opposed to Motion: Arends
Motion carried: 8-Yes; 1-No
7B — RESOLUTION NO. 3120 ADOPTING CHANGES TO THE 2008 AND 2010 CDBG/HOME ACTION
PLANS: Marie Vila, CDBG Program Administrator, stated that on July 15, 2009, City Council approved
an amendment to the 2008 CDBG/HOME Action Plan concerning allocation of the City's CDBG-
Recovery (R) award, and on October 21, 2009, City Council approved the 2010 CDBG/HOME Action
Plan allocating of the City's CDBG award, both based on Citizen Advisory Committee recommendations.
Because CDBG-R funding must be expended in a timely manner and the Boys & Girls Teen Center
Construction Project has met with project delays related to site change, staff recommends switching its
funding to the 2010 CDBG allocation, and using the 2008 CDBG-R funds for Kitsap Community
Resources' (KCR) Weatherization Project, which already has experience handling CDBG-R funds, and
can meet the Housing and Urban DevelopmenYs (HUD) expected expenditure timelines.
President Wofford opened the public hearing. With no comments, the hearing was closed to the public
and opened to the Council...
06:09:55 Motion was made by Robinson; and seconded by Arends... Council Members then began their
discussion and provided comments...
Mr. Runvon was pleased that the change allows for the City to support its goal in community
sustainability and lowering energy costs.
Ms. Robinson asked for clarification on the change. Ms. Vila clarified that the funding for the Boys &
Girls Club will be moved to the Kitsap Community Resources Weatherization Program for this year.
Mr. Brockus asked for clarification on the location for the Teen Center. Ms. Vila answered that the
location was changed from the Mountain View Middle School to Bremerton Junior High School.
Mr. McDonald emphasized that not accepting these changes may mean that the City would have to
return the funds, which would put projects in jeopardy.
06:15:50 M/S/C/U (Robinson/Arends) Move to adopt Resolution No. 3120 approving the amendments to
the 2008 and 2010 Community Development Block Grant Action Plans as described in Exhibit A; and
authorize the Mayor to finalize and execute the contracts with substantially the same terms and
conditions as presented once HUD has approved these Action Plan amendments.
COUNCIL MEMBER REPORTS
Will Maupin attended last home game for the Kitsap Pumas soccer team and participated in the
Bremerton Green Drinks event last night at the marina.
Carol Arends announced that season tickets for the Bremerton Symphony are now available.
Dianne Robinson reported on several meetings including Public Works Committee, Transit Board
Meeting and Long Range Plan Study Session, community chickens, and Neighborhood Block Watch.
Greq Wheeler encouraged people to attend the District 5 Picnic to be held on Saturday, July 31 from
Noon to 3:30 PM at Evergreen Rotary Park Picnic Shelters No. 5& 6 where Council Member Cecil
McConnell will be grilling free hotdogs and hamburgers for attendees; and also local elected officials,
candidates, and members of Ebenezer AME Church were invited to attend. He also announced the
Summer 2010 Union Hill Block Party on Saturday, August 14 from 10:00 AM to 6:00 PM on Veneta
Avenue between 9 th & 11"' Streets, which will include free food and music.
City Councii Reg. Mtg. Minutes
Wednesday, July 21, 2010
Page 4 of 4
Rov Runvon encouraged citizens to visit three new restaurant businesses that recently opened in the
City of Bremerton the FLYING PIG BARBECUE located on Wheaton Way; RACHEL�S ON THE EAST SIDE
located on Sylvan Way and THE DAILY DISH located on 1 Street
Adam Brockus announced that a Neighborhood Garage Sale will be held on Saturday, July 17"', all day
in Manette and at New Life Assembly's parking lot located at Ironsides & East 13' Streets; and asked
residents to mark their calendar for Manette Fest that will be held in September on the �rst Saturday
after Labor Day on East 11 th Street between Shore Drive and Perry Avenue.
Jim McDonald attended the Kitsap Regional Coordinating Council Transportation Policy Board Meeting
where a discussion was held on safe routes to school.
Nick Wofford clarified that the Puget Sound Regional Council is the main funding source (Federal) for
items like the Non-Motorized Transportation Plan and that TransPol is a sub-committee that allocates
the funds. Secondly, he encouraged landlords and homeowners to clean up Bremerton by weeding,
mowing lawns, and picking up trash on their lots.
President Wofford reopened Public Recognition...
PUBLIC RECOGNITION ,
Pattv Zwick spoke in support of the petition to legalize chickens in the City limits and urged the Council
to take control and bring back the ordinance.
Jean Schanen also supported action by the Council to legalize owning chickens in the City.
Laura Movnihan asked that the Council Member be allowed to vote on the issue of legalizing the
keeping of hens in backyards in Bremerton.
06:42:35 President Wofford recessed the Council Meeting for a 20-Minute Executive Session to discuss
"Pending and Potential Litigation"per RCW 42.30.110 (1)(i) and "Real Estate Acquisition"per RCW
42.30.110 (1)(b). There was no action taken on any of these items...
With no further business, President Wofford adjourned the Council Meeting at 7:02 PM.
Prepared and Submitted by:
�
L RI SMITH
Legislative Assistant
Attest:
CAROL ETGEN, City Clerk
NICK WOFFORD, City Council President
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Presentcr: Nick Wofford,
C'uuncil Prc>si�lent
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SU�Ii�[ARY: Attacl�cd is the summary of the City Council Meetin� heid �'v ( v 2,�� 2p � p
1
ATTACHMENTS: Meeting Minutes for �u �� 2 g� ZO � O
FISCAL IMPACTS ([nclude Budgeted Amount): N/A
APPROVALS:
DEPARTMENT D[RECTOR: Council President
C[TY ATTORNEY: N/A
FINANCE DIRECTOR: N/A
MAYOR: N/A
('ONiMITTEE CHAIR N/A
('(�UNCIL PRESIDENT: CONSENT AGENDA
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GENERAL BUSINESS ❑
_ PUB[_IC HEARING ❑
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❑ No Action
DIGITAL RECORDING
CITY COUNCIL STUDY SESSION MINUTES
July 28, 2010
A Study Session of the City Council of the City of Bremerton was called to order in the City
Council Conference Room 603, Of the NORM DICKS GOVERNMENT CENTER, 345 6` Street,
Bremerton, Washington, Wednesday, July 28, 2010, at 5:00 PM, with Council President Nick
Wofford presiding. Council Members present were Will Maupin, Carol Arends, Dianne
Robinson, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell, and Jim McDonald.
Legislative Assistant Lori Smith was present to provide staff support. ,
President Wofford emphasized that the Study Session was open to the public, however there
would be no opportunities for input or participation; that no action will be taken, and the content
of these items is subject to change. Since majority of the items to be presented have just
passed through committees or are receiving legal review, updates will be provided.
A. NO DISCUSSION PLANNED
1. Grinder Pump System Maintenance Agreement with CORRECT EQUIPMENT, INC. — Paul
Wandling, Engineering Division, Public Works & Utilities Department; and Dianne
Robinson, Public Works Committee Chair Consenf Agenda on August 4
2. Elevator Service Maintenance Agreement with THYSSEN-KRUPP ELEVATOR CORPORATION
— Wayne Hamilton, Utilities Operations Manager, Public Works & Utilities Department;
and Dianne Robinson, Public Works Committee Chair Consent Agenda on August 4
3. Janitorial Services Contract for (6) City Facilities with A-1 PERFORMANCE, INC. (STATE OF
WASHINGTON CONTRaCT #00508) — Wayne Hamilton, Utilities Operations Manager,
Public Works & Utilities Department; and Dianne Robinson, Public Works Committee
Chair Consent Agenda on August 4
4. Goods and Services Agreement with FtRE ONE, Itvc. for Monitoring and Maintenance of
Fire/Security Alarm Systems and Fire Suppression Systems — Wayne Hamilton, Utilities
Operations Manager, Public Works & Utilities Department; and Dianne Robinson, Public
Works Committee Chair Consent Agenda on August 4
5. Goods and Services Agreement with PIERCE COUNTY SECURiT1r, Irvc. for Security
Services and Patrols — Wayne Hamilton, Utilities Operations Manager, Public Works &
Utilities Department; and Dianne Robinson, Public Works Committee Chair Consent
Agenda on August 4
B. DISCUSSION PLANNED
6. Interdepartmental Agreement for Gold Mountain Golf Complex Lease and Irrigation
Water Supply between the City's Public Works & Utilities Department (through its Water
Utility); and the Parks & Recreation Department — Michael Mecham, City Engineer; and
Dianne Robinson, Public Works Committee Chair Consenr Agenda on Augusf 4
7. Ordinance to Surplus and Transfer Park Property to Right-of-Way for 11"' Street &
Warren Avenue Intersection Improvements — Michael Mecham, City Engineer; and
Dianne Robinson, Public Works Committee Chair Public Hearings on August 4 8 18
8. Downtown Bremerton Traffic Circulation Enhancements Project Summary Report; and
Recommendation to adopt the Purple Option — Larry Matel, Managing Engineer, Public
Works & Utilities; and Dianne Robinson, Public Works Committee Chair Genera/
Business on August 4
City Council Study Session Minutes
Wednesday, July 28, 2010
Page 2 of 2
C. GENERAL COUNCIL BUSINESS
1. Discussion continued from the June 30 Study Session regarding 2010 & 2011 Council
Goals and Priorities. It was determined that a survey would soon be provided by the
Administration to gather information from the Council to determine their budget priorities
and expectations for 2011.
With no further business, President Wofford adjourned the Study Session at 8:20 PM.
Prepared and Submitted by:
�
L RI SMITH
Legislative Assistant
Attest:
CAROL ETGEN, City Clerk
NICK WOFFORD, City Council President
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Presenter: Nick Wufford,
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5U�1i�i��RY: Attached is the summary of the City Council tiieeting helJ (� v q ks �, � Z� ( 0
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,
��TTACHMENTS: Meeting Minutes for �} Vq �5.�. �,/ � ( �
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FISCAL IMPACTS (Include Budgeted Amount): Iv/A
APPROVALS:
DEPARTMENT DIRECTOR: Council President
C[TY ATTORNEY: N/A
FINANCE DIRECTOR: N/A
�1AYOR: N/A
('OMMITTEE CHAIR N/A
('C>UNC'IL PRESIDENT: CONSENT AGENDA �
(lENERAL BUSINESS ❑
_ PUBLIC HEARING ❑
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DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, August 4, 2010
The weekiy meeting of the City Council of the City of Bremerton was called to order Wednesday, August
4, 2010, at 5 :00 PM 111 COUt1Cll CO�f2�@�Ce R00111 603 Of the NORM DICKS GOVERNMENT CENTER 345 6'
Street, Bremerton, Washington, with Council President Nick Wofford p�esiding. Councit Members
present were Will Maupin, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Cecil
McConnell and Jim McDonald. Council Member Adam Brockus was absent. Also present were City
Attorney Roger Lubovich; City Clerk Carol Etgen; and Legislative Assistant Lori Smith.
A CouNCi� BRiEF�tv� was then held to discuss General Council Business at 5:00 PM in the Council
Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers.
The Pledge of Allegiance was led by Council Member Jim McDona{d followed by the invocation
provided by Reverend Paul Meeker of Our Saviour's Lutheran Church.
MAYOR'S REPORT Mayor Patty Lent...
• Introduced Bob Battin of the Bremerton Centra{ Lions Club who then introduced Japanese
Exchange Students Saori Ooka; Aiko Karakawa; and Yumi Komatsu. The Mayor added she will
be hosting Ryoii Ishikawa, who is also visiting from Kure, Japan.
• Presented Colen Corev; Joanne Corev; Eduardo Aban; Larrv Matel; Scott Correv; Terrv Deverv
Ghvrn Hobson; John Corev; Mike Hart; and Jim lovenelli with certificates of appreciation to thank
them for their efforts in creating the new "fish pond" arrangement at the intersection at 4` Street and
Pacific Avenue.
• Recognized members of the Bremerton Women's Roller Hockev Team and their Coach Frankie
Lee with a plaque to honor the win of their 17 National Title out of the last 18 years;
• Wished the United States Coast Guard a Happy 220` Birthday; and particularly thanked all the
local men and women shipmates stationed in and around our community for their service guarding
our military and civil maritime interests and responsibilities around the globe;
• Proclaimed Thursday, August 26, 2010 as "Women's Equality Day" in recognition of the gptn
anniversary of the day the 19' Amendment was ratified, giving women the right to vote, which was
accepted by Judv Matchett and Sharon Shrader from the Kitsap League of Women Voters;
• Also proclaimed and Saturday, August 7, 2010 as "Kitsap County Interfaith Day of Prayer" to
show our community's support for those struggling to survive and keep their hopes alive, which was
accepted by ; and invited all citizens to participate in the event scheduled from 10:00 to 11:00 AM at
Evergreen Rotary Park;
• Acknowledged the Kitsap PUMA Soccer Team for advancing one additional level in the US Open
Cup this season, and shared the sentiments sent out by the owners and members of the team
thanking the community for their support; and
• Introduced and welcomed the City's new Public Works & Utilities Director Vincent Akhimie.
PUBLIC RECOGNtT10N 8 ANNOUNCEMENTS
Ed Cain asked the City to take a good look at the unfinished sidewalks near recent street projects
completed downtown because he has personally suffered a knee injury; and also asked if the City can
address the pigeons and their droppings that are out of control.
John Thomas expressed his concern that the City must have known about the financing problems with
the City pool before it was made public; and also referred to stories he has read recently in the Kitsap
Sun about the City's interest in renting more space in the Norm Dicks Government Center and
questioned why the City didn't use this money instead to make much needed street improvements.
City Council Reg. Mtg. Minutes
Wednesday, August 4, 2010
Page 2 of 3
CONSENT AGENDA
A. Check Numbers 338846 through 339056; and EFT-10049 through EFT-10096 in the amount of
$1,946,749.63; Regular Payroll in the amount of $733,933.65 for the pay period ending July 31,
2010; and Retiree Payroll in the amount of $79,078.99 for the pay period ending July 31, 2010.
B. Grinder Pump System Maintenance Agreement with CORRECT EQUIPMENT Itvc.
C. Elevator Service Maintenance Agreement with THYSSEN-KRUPP E�EVaTOR CoRPO►�TioN
D. Janitorial Services Contract for (6) City Facilities with A-1 PERFORnnANCE, INC. (State of Washington
Contract No. 00508)
E. Goods and Services Agreement with F�RE OtvE, INC. for Monitoring and Maintenance of Fire/Security
Alarm Systems and Fire Suppression Systems
F. Goods and Services Agreement with PiERCE CouNrir SECUR�n, INC. for Security Services and
Patrols
G. Interdepartmental Agreement for Gold Mountain Golf Complex Lease and Irrigation Water Supply
between the City's Public Works and Utilities Department (through its Water Utility) and the Parks
and Recreation Department
There were no questions or comments from the public...
06:03:31 M/S/C/U (Arends/Robinson) Move to approve the CotvsENT A�Erv�a as presented.
PUBLIC HEARING
6A— ORDINANCE NO. 5119 TO SURPLUS AND TRANSFER PARK PROPERTY TO RIGHT-OF-WAY
FOR 11 STREET AND WARREN AVENUE INTERSECTION IMPROVEMENTS: Mike Mecham, City
, Engineer, used a PowerPointO presentation titled "11 Street & Warren Avenue Intersection
Improvements for Safety and Mobility" to further explain the highlights of the project, which will require
additional property for the roadway. The Parks Board was consulted and issued an advisory report in
March 2006 recommending the Parks property located at 11 & Warren be surplused in accordance with
BMC 13.12.030 with a portion transferred to right-of-way and the remainder sold. City Council
authorized the sale of the former tennis courts portion of the property and deferred transfer of the
remnant portion of the property until further review was complete. The projects right-of-way plan was
approved by the Washington State Department of Transportation in March and the City is now acquiring
additional property needed for the improvements which includes completing the transfer.
President Wofford opened the public hearing to receive comments from the public...With no comments
the hearing was closed to the public and opened to the Council for discussion...
Mr. Runvon asked if the 200-ft. extension would be pervious or impenrious pavement; questioned if a
less expensive solution to the problem was considered such as synchronized traffic lights all the way
down Warren Avenue; and whether the City's in-house architect would provide assistance with the
landscaping design; Mr. Mecham replied a soil investigation has not yet been completed but preliminary
indications suggest it will be pervious pavement; answered that synchronized traffic lights will be
considered in addition to this current plan, which came at the recommendation of a traffic engineer hired
to provide an assessment; and lastly that yes, the in-house architect was asked to provide assistance,
but it was his understanding that she is already working on a lot of other projects.
Mrs. Arends commented that the traffic seems to only be getting heavier and therefore felt this project
to extend the right hand turn lane onto 11' Street was very much needed.
Ms. Robinson asked if there has been any difficulty in obtaining the needed houses along Warren
Avenue. Mr. Mecham responded no, that it has been straight forward. Out of five houses, the City
purchased two outright, and three are under contract.
City Council Reg. Mtg. Minutes
Wednesday, August 4, 2010
Page 3 of 3
06:15:23 First Public Hearing concluded. Because two Public Hearings are required for the sale of Park
property, no action wiU be taken until the second public hearing scheduled for August 18...
SbMMARY °��R T/lf���gAoT Tuc o� �oo� G A�TIA�1 �tem was postponed...
COUNCIL MEMBER REPORTS
Rov Runvon briefed the Council on the issues discussed at the Public Safety and Parks (PSP)
Committee meeting held earlier today.
Greq Wheeler was pleased at the large turn-out at the District 5& 2 Picnic held last Saturday and
thanked all those who helped with the event including Pastor Spears, the nurses who provided blood
pressure checks, PROA for providing the burgers, Council staff, spouse Sunny, and fellow Council
Member Cecil McConnell for his service as grill master. He mentioned the fun that his family was having
by being a host-family for Yumi Komatsu from Kure, Japan; invited the public to the Union Hill Block
Party to be held on Saturday, August 14 from 10:00 AM to 6:00 PM along Veneta Avenue befinreen g`
and 11 Streets; encouraged the public to attend the Fat Dog Tuesday event as part of the last "Concert
at the Park" at Evergreen Rotary Park on Tuesday, August 10; and was proud to announce that his
daughter Lucky won 4 gold medals in a recent ice skating preliminary which now qualifies her for a
chance to go to the national State Games of America next year in San Diego.
Dianne Robinson announced that a New Health Care Law Forum will be held here in the Chambers on
Tuesday, August 16 beginning at 1:00 PM and the public is invited. She also expressed her condolences
to the family of Kara Lynn Radabah, and mentioned that Kara was in the group of Bremerton High
School students that she chaperoned while on a class trip to Italy last year and Kara was always a
pleasure to be around.
Carol Arends welcomed new Public Works & Utilities Director Vincent Akhimie; and encouraged
citizens to participate in the many events going on throughout the summer.
Will Mauqin talked about a recent visit by his family and the fun time they had at the new fountains in
several locations of downtown Bremerton.
Nick Wofford reminded the citizens to help clean up the City by cutting tall grass and overgrown weeds.
06:26:18 President Wofford recessed the Council Meeting for a 25-Minute Executive Session to
discuss "Potential Litigation"per RCW 42.30.190 (1)(i). No action was taken.
With no further business, President Wofford adjourned the Council Meeting at 7:00 PM.
Prepar d and Submitted y:
<
LO I MITH
Legislative Assistant
Attest:
CAROL ETGEN, City Clerk
NICK WOFFORD, City Council President
NW:CE:Is:cg
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FISCAG [MPACTS (Include Budgeted Amou�it): N/A
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DEPARTMENT DIRECTOR: Council President
C'[TY ATTORNEY: N/A
f� [NANCE DIRECTOR: N/A
ti1AYOR: N/A
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DIGITA� RECORDING
CITY COUNCiL SPECIAL SESSiON & STUDY SESSION MINUTES
August 11, 2010
A Special Session and Study Session of the City Council of the City of Bremerton was calied to
order in the City Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER 345
6"' Street, Bremerton, Washington, Wednesday, August 11, 2010, at 5:00 PM, with Council
President Nick Wofford presiding. Council Members present were Will Maupin, Carol Arends,
Dianne Robinson, Greg Wheeler, Roy Runyon, Cecil McConnell, and Jim McDonald.
Legislative Assistant Lori Smith was present to provide staff support.
President Wofford emphasized that the Special Session was open to the public, comments
were welcome from the public, and that action would be taken.
A. SPECIAL SESSION •
A1 — BID AWARD AND APPROVAL OF CONTRACT FOR CONSTRUCTION OF THE PARK
AVENUE PLAZA PARKING GARAGE: Garv Sexton, Executive Department, explained that a
call for bids was issued for the construction of the Park Avenue Plaza Parking Garage with the
bid opening held on August 5, 2010, and that nine qualified bids were received. It is
recommended that the bid be awarded to SERPANOK CotvsTRUCT�oN, Itvc. of Tacoma, the fowest
responsible bidder with a bid within the bond funds available for the contract and is further
recommended that the Construction Contract Agreement be executed. The garage will be part
of a planned 50,000 sq. ft. development at the corner of Park Avenue and Bunnrell Street, with
room for about 250 parking spaces.
There were no comments from the public...
05:10:00 Motion was made by Arends; and seconded by Wheeler... Discussion was then open
to the Council...
Rov Runvon referred to several sections of the contract to address his questions and concerns
regarding the cap on Change Orders; hazardous materials; and if perFormance and payment
bonds would be required. Mr. Sexton answered the cap on Change Orders is $250,000; there
would be a$300,000 contingency; and that performance and payment bonds were required.
Cecil McConnell expressed his concerns about, access to the United Way parking lot and
encroachment of the street right of way; and commented that the City did not need another
parking garage in that area. Mr. Sexton stated that negotiations were continuing with
representatives of United Way regarding access to their parking lot; and provided further details
of the plan for the right of way, width of street, bulb outs, and sidewalks for the area.
Council Member Brockus arrived to the meeting at 5:23 PM...
05:24:00 M/S/C (Arends/Wheeler) Move to approve the bid award for•the construction of the
Park Avenue Plaza Parking Garage to SERPANOK CONSTRUCTION, INC., the lowest responsive
qualifying bidder, and authorize the Mayor to finalize and execute the Construction Agreement
with substantially the same terms and conditions as presented.
Voted in favor of Motion: McDonald, Brockus, Runyon, Wheeler, Robinson, Arends, Maupin,
and Wofford
Voted opposed to Motjon: McConnell
Motion carried: 8-Yes; 1-No
The Special Session was concluded at 5:25 PM.
City Council Study Session Minutes
Wednesday, August 11, 2010
Page 2 of 2
B. STUDY SESSION - NON DISCUSSION ITEMS
President Wofford announced that the Study Session was open to the public, however there
would be no opportunities for input or participation; that no action will be taken, and the content
of these items is subject to change. Since majority of the items to be presented have just
passed through committees or are receiving legal review, updates will be provided.
1. Appointment to CDBG/HOME Citizen Advisory Board Capital Committee — Mayor Patty
Lent Consent Agenda on August 18
2. Interlocal Agreement with Kitsap County to share cost for CDBG/HOME Programs
Specialist — Marie Vila, CDBG Administrator; and Greg Wheeler, Planning Committee
Chair Consent Agenda on August 18
3. Automatic and Mutual Aid Interlocal Agreement for Fire Protection, Emergency Medical,
and other services — Fire Chief AI Duke; and Roy Runyon, Public Safety & Parks
Committee Chair Consent Agenda on August 18
4. Technical Rescue Mutual Aid Interlocal Agreement — Fire Chief AI Duke; and Roy
Runyon, Public Safety & Parks Committee Chair Consenf Agenda on August 18
5. Professional Services Agreement with CascaoE PowER GROUP, LLC to develop a
Resource Conservation Management Program — Michael Mecham, City Engineer; and
Dianne Robinson, Public Works Committee Chair Consent Agenda on August 18
6. Interlocal Agreement with the City of Forks for Prisoner Confinement — Police Capt.
James Burchett; and Roy Runyon, Public Safety & Parks Committee Chair Consent
Agenda on August 18
C. FULL DISCUSSION ITEMS
1. Contract Extension with BANK oF AnnERICA for Primary Banking Services — Cathy
Johnson, Interim Financial Services Director; and Adam Brockus, Finance Committee
Chair Consent Agenda on August 18
2. Update on Budget — Cathy Johnson, Interim Financial Services Director; and Adam
Brockus, Finance Committee Chair (Information Only...)
Caroline Tompson, Budget Analyst disfributed a copy of the July Budget Status Report
to the Council and was also available to answer questions. A copy of the report is
available on the City's web page athttp://www.ci.bremerton.wa.us/displav.nha?id=765
3. Discussion on Council's Budget Priorities; and Results of 2011 Budget Priorities and
Expectations Survey — Cathy Johnson, Interim Financial Services Director; and Adam
Brockus, Finance Committee Chair (Information On/y...)
D. EXECUTIVE SESSION
A 20-minute Executive Session was held to discuss "Potential Litigation" per RCW
42.30.110(1)(i) (Information Only...No action was taken...)
E. GENERAL COUNCIL BUSINESS
A discussion was held to determine the Council's 2011 key legislative issues, and agreement
was reached to continue to show support for the same items submitted on the "2010 Kitsap
City Council Study Session Minutes
Wednesday, August 11, 2010
Page 3 of 2
Regional Coordinating Council Legislative Agenda" that includes wide-ranging interests
affecting Kitsap County and local governments.
Council Committee Chairs provided briefings on their Committees, and general information was
shared.
With no further business, President Wofford adjourned the Study Session at 7:25 PM.
Prepared and Submitted by:
,
LORI SMITH
Legislative Assistant
Attest:
CAROL ETGEN, City Clerk
NICK WOFFORD, City Council President
NW:CE:Is:cg
�
DATE SUBMITTED: July 29, 2010
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
.......................................................................................�
SUBJECT: Appointment to the Committee Meeting Date: ��u � � �, �p � p
CDBG/HOME Citizen Advisory Boazd COUNCIL MEETING Date: p
Capital Committee Department: xe ive
Presenter: Mayor Lent
Phone: 360 473 5266
SUMMARY: There is a vacancy on the CDBG/HOME Citizen Advisory Board Capital Committee.
It is recommended the vacancy be filled by Kallie L. Gatzemeier-Wood.
ATTACHMENTS: Application for reappointment available in the Mayor's office.
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR �
COUNCIL PRESIDENT: CONSENT AGENDA
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMMENDED MOTION:
Move to confirm the appointment of Kallie L. Gatzemeier-Wood to the CDBGJHOME Citizen
Advisory Board Capital Committee.
I �
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
i
�
I
DATE SUBMITTED:
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
........................................................................................
SUBJECT: Approval of Interlocal Committee Meeting Date: August 11, 2010
Agreement between Kitsap County and the COUNCIL MEETING Date: August 18, 2010
City of Bremerton for CDBG Services. Department: DCD — Block Grant
Presenter: Marie Vila
Phone: 360-473-5375
SUMMARY: At the Apri121, 2010 City Council Meeting, City Council approved creation of the
CDBG/HOME Programs Specialist position, which is authorized for funding in the 2010 Budget. In
response to funding constraints, the program will be entering into an Interlocal Agreement with the
Kitsap County Block Grant Division to shaze the costs of this position. This agreement will allow us
to further enhance our collaborative efforts through streamlining and consolidation of redundancies to
create effective administrative cost savings for both jurisdictions. At this time, the City's Block Grant
Program has filled its vacant CDBG/HOME Specialist position, and is now ready to move forward
with an agreement to share this position with the County.
ATTACHMENTS:
1. Staff Memo
2. Interlocal Agreement
Exhibit A: ILA Attachment A— Eligible Expenses
FISCAL IMPACTS (Include Budgeted Amount): Reimbursement from Kitsap County Block Grant
Division to City of Bremerton Block Grant Program of not more than $52,316 through agreement end
date of December 31, 201 l.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR: �
MAYOR: �_
COMMITTEE CHAIR
COUNCIL PRESIDENT: CONSENT AGENDA
GENERAL BUSINESS
PUBLIC HEARING
RECOMMENDED MOTION: Move to approve the Interlocal Agreement between Kitsap County
and the City of Bremerton for CDBG Services, and authorize the Mayor to finalize and execute the .
agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
! ::_ = �.-�= = � �_., =�._�w_� - - - --
' �'� �```� l�`�,���; � DEPARTMENT OF
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,;,,.,, , ` -- , ' � COMMUNITY DEVELOPMENT
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�� '� ����� ~��- '. M E M O RAN D U M �
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,
To: City Council
From: Marie Vila, CDBG/HOME Administrator
Date: August 18, 2010
Re: 2010 ILA with Kitsap County to Share CDBG/HOME Specialist Position
The Block Grarrt Program relies on two fult time staff members—Program Administrator, who
manages the program, and either a Program Coordinator or Program Specialist, who support all
program functions. The Coordinator pos'rtion is at Pay Band 10, and the Specialist Position is at Pay
Level 7 of the Professional Corifidential and Fiduciary Pay Plan. The full-time Program Specialist
position was authorized by the Mayor and in the 2010 Budget
At this time, the City's Block Grant Program has filled its vacant pos�ion with a CDBG/HOME Program
Specialist. However, in response to anticipated funding constraints, the program will be entering into
an interlocal agreement with the Kitsap County Blodc Grant Division to share the costs of this staff
member. We are now ready to move forward with an agreement to share this position with the
County.
The shared staff member will be employed full time with the City of Bremerton, reporting to the
CDBG/HOME Programs Administrator. The City and Cour�ty Block G�ant programs will collaborate on
hiring and assignment of tasks for the shared staff member, but all final decisions regarding this
position shall be Bremerton's.
The shared staff member will track hislher hours to accurately reflect 20 hours per week for the
County, and 20 hours per week for the City. The City will bill the County monthly for eligible staffing
and related costs, which shall include payroll and benefits, training and travel, and a contingency to
cover any changes to the 2011 payroll and benefits estimates.
This agreement will allow the City and County Block Grant programs to further enhance its .
collaborative efforts through streamlining and consolidation of redundancies to create effective
administrative cost savings for both jurisdictions.
If you have any questions about the program or recommended funding, please do not hesitate to
contact me at 473-5375.
i
INTERLOCAL AGREEMENT
BETWEEN KITSAP COUNTY AND THE CITY OF BREMERTON
FOR CDBG SERVICES
� THIS INTERLOCAL AGREEMENT made and entered into, pursuant to the Interlocal
Cooperation Act, Chapter 39.34 of the Revised Code of Washington, by and between KITSAP
COIJNTY, 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 "Bremerton"),
WITNESSETH:
WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative
purchasing between public agencies;
WHEREAS, the City of Bremerton and Kitsap County Block Grant Departments seek to
enhance collaborative efforts through streamlining shazed processes and consolidating redundant
efforts; '
WHEREAS, the streamlining of processes and consolidation of CDBG efforts will create
effective administrative cost savings for both jurisdictions; and
WHEREAS, The City of Bremerton and Kitsap County Block Grant Departments are
seeking to fill vacant entry-level positions, and both Departments favor sharing a staff member to
fill the vacancies to begin the efforts to reduce staff budget costs while fixrthering collaborative
efforts.
NOW THEREFORE in consideration of their mutual covenants, conditions and promises,
THE PARTIES HERETO DO HEREBY AGREE as follows:
1. CITY OF BREMERTON RESPONSIBILITIES
A. Bremerton agrees that it will attempt to fill its vacant entry-level CDBG position.
Should Bremerton hire a person to fill the CDBG position, Bremerton will be responsible for the
management and oversight of the individual. The individual hired will be a full-time employee
of Bremerton and will be compensated for their services by Bremerton. However, under the
direction of Bremerton CDBG Programs Administrator, the CDBG individual will provide an
average of twenty (20) hours per week of program assistance and support to the Kitsap County
Block Grant Department. While actual hours per week dedicated to the County may fluctuate,
Bremerton agrees that on an annual basis at least 1,040 hours of the individual's time shall be
available for County Block Grant program assistance.
[nterlocal Agreement Between Kitsap County and the City of Bremerton - Page t
B. At all times, the CDBG employee shall remain an employee of Bremerton and
shall remain under the supervision and control of Bremerton. The supervisory contact shall be
the Bremerton CDBG Programs Administrator such other employee as may be designated by
Bremerton. However, Bremerton agrees to collaborate with the County in its hiring processes.
Bremerton shall allow the County to participate in any interviews conducted and shall also allow
the County to provide input on candidates. However, all final hiring decisions shall be
Bremerton's.
� ��
C. Bremerton agrees to immediately inform the County if any circumstances change
regazding the employment status of the employee hired by Bremerton and providing assistance to
the County program.
2. COMPENSATION ,
County agrees to pay Bremerton for one `�half of staffing costs of the CDBG/HOME
Programs Specialist, when this position is filled, as detailed in Exhibit A, Eligible Expenses in
an amount not to exceed $52,316 (Fifty Two Thousand, Three Hundred Sixteen and Zero Cents).
Bremerton will bill County each month for the prior month based on hours worked. County will
make payment to Bremerton within 30 days of billing date.
3. DURATION
,
This Agreement shall take affect on September l, 2010 and shall expire on December 31,
2011.
4. PROPERTY AND EQUIPMENT.
Upon termination or non-renewal of this agreement, all property purchased by the County
in furtherance of this agreement shall remain the property of the County and all property
purchased by Bremerton in furtherance of this agreement shall remain the property of Bremerton.
, All property shall be returned to its owner upon termination or non-renewal of this Agreement. �
5. LEGAL ENTITY
No separate legal or administrative entity is intended to be created pursuant to this
agreement.
6. TERMINATION
Either party of this Agreement may terminate this Agreement by providing thirty (30)
calendaz days written notice to the other party.
�
[nterlocal Agreement Between Kitsap County and the City of Bremerton - Page 2
7. INDEMNIFICATION
A. Bremerton shall indemnify and hold the County and its agents, employees, and/or
officers, harmless from and shall process and defend at its own expense any and all ctaims,
demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind
or nature, brought against the County arising out of, in connection with, or incident to the
execution of this Agreement and/or the City of Bremerton's performance or failure to perform
any aspect of this Agreement; provided, however, that if such claims are caused by or result from
the concurrent negligence of the County, its agents, employees, and/or officers, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of Bremerton ; and
provided further, that nothing herein shall require Bremerton to hold harmless or defend the
County, its agents, employees and/or officers from any claims arising from the sole negligence of
the County its agents, employees, and/or officers. No liability shall attach to the County by
reason of entering into this Agreement except_as expressly provided herein.
B. The County shall indemnify and hold Bremerton and its agents, employees, and/or
officers, harmless from and shall process and defend at its own expense any and all claims,
demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind
or nature, brought against Bremerton arising out of, in connection with, or incident to the
execution of this Agreement and/or the County's performance or failure to perform any aspect of
this Agreement; provided, however, that if such claims are caused by or result from the
concurrent negligence of the City of Bremerton, its agents, employees, and/or officers, this
indemnity provision shall be valid and enforceable only to the extent of the negligence of the
County; and provided further, that nothing herein shall require the County to hold harmless or
defend Bremerton, its agents, employees and/or officers from any claims arising from the sole
negligence of the City of Bremerton, its agents, employees, and/or officers. No liability shall
attach to Bremerton by reason of entering into this Agreement except as expressly provided
herein.
8. TITLE 51 RCW IMMUNITY WANER.
With regazd to any claim against the County, its officers, officials, employees and agents
by any employee of Bremerton, its agents, employees, offcers, anyone directly or indirectly
employed by any of them, or anyone for whose acts any of them may be liable, Bremerton's
indemnification obligation under Section 7.A will not be limited in any way by any limitation on
the amount or type of damages, compensation or benefits payable by or for Bremerton under
workers' compensation acts, disability benefit acts, or other employee benefit acts. It is clearly
agreed and understood by the parties to this Agreement that Bremerton expressly waives any
immunity Bremerton might have had under industrial insurance laws. By executing the Contract,
Bremerton acknowledges that this waiver has been mutually negotiated by the parties and that the
provisions of this Section will be incorporated, as relevant, into any contract Bremerton makes
with any subcontractor or agent performing work under this Agreement.
Interlocal Agreement Between Kitsap County and the Ciry of Bremerton - Page 3
9. COMPLIANCE WITH REGULATIONS AND LAWS
The parties shall comply with all applicable rules and, regulations pertaining to them in
connection with the matters covered herein. _
10. � ASSIGNMENT �
T'he parties shall not assign this Agreement or any interest, obligation or duty therein
without the express written consent of the other party.
11. ATTORNEYS' FEES
In the event of litigation to enforce any of the terms or provisions herein, each party shall
pay all its own costs and attomey's fees.
` 12. NOTICES
All notices and payments hereunder may be delivered or mailed. If mailed, they shall be
sent to the following respective addresses:
To the Countv ' To Bremerton: , ,
Kitsap County City of Bremerton
` 614 Division Street, MS-4 345 6th Street, Suite 600
Port Orchazd, WA 98366 Bremerton, WA 98337
� Attn: County Administator Attn: City Clerk
Phone: (360) 337-4403 Phone: (360) 473-5290
or to such other respective addresses as either party hereto may hereafter from time to time
designate in writing. All notices and payments mailed by regular post (including first class) shall
be deemed to have been given on the second business day following the date of mailing, if
properly mailed and addressed. Notices and payments sent by certified or registered mail shall be
deemed to have been given on the day next following the date of mailing, if properly mailed and
addressed. For all types of mail, the postmark affixed by the United States Postal Service shall be
conclusive evidence of the date of mailing.
13. FILING. This document shall be filed with the County Auditor pursuant to RCW 3934.
14. ENTIRE AGREEMENT_ This Agreement and its Exhibits constitutes the entire
agreement between the Parties, and the Parties acknowledge that there are no other agreements,
written or oral, that have not been set forth in the text of this Agreement.
i
Interlocal Agreement Between Kitsap County and the City of Bremerton - Page 4
15. CHOICE OF LAW AND VENUE. This Agreement shall be interpreted according to the
laws of the State of Washington. Any judicial action to resolve disputes arising out of this
Agreement shall be brought in Kitsap County Superior Court.
16. MODIFICATION. The terms of this Agreement shall not be amended, altered, or
modified unless agreed to in writing by the County and Bremerton and such writing shall be
executed with the same formalities as are required for the execution of this document.
17. 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.
18. SEVERABILITY. If any provision of this Agreement is held invalid by a court of
competent jurisdiction, such invalidity shall not affect the remaining provisions of this
Agreement, provided that the remaining provisions can be given effect without the invalid
provision and conform to applicable law and the fundamental purposes of this Agreement. To
this end and to this extent, the provisions of this Agreement are declazed to be severable.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and
yeaz first above written.
DATED this day of , 2010.
Approved as to form: CITY OF BREMERTON
Roger A. Lubovich Title:
City Attorney
STATE OF WASHINGTON )
) ss.
COUNTY OF )
ON THIS day of , 2010, before me,
personally appeared and , to me
known to be the and of ,
being one of the municipal corporations that executed the within and foregoing instrument, and
they acknowledged said instrument to be the free and voluntary act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath stated that they were authorized to
execute said instrument, and the seat of said municipal corporation is affixed hereon.
Interlocal Agreement Between Kitsap County and the City of Bremerton - Page 5
WITNESS my hand and official seal hereto the day and year in this certificate first above written.
Notary Public in and for the State of Washington,
Residing at
My commission expires
DATED this day of , 2010.
KITSAP COUNTY BOARD OF COMMISSIONERS
Josh Brown, Chair
ATTEST:
Steve Bauer, Commissioner
Opal Robertson, Clerk of the Board Chazlotte Garrido, Commissioner
[nterlocal Agreement Between Kitsap County and the City of Bremerton - Page 6
EXHIBIT A
' INTERLOCAL AGREEMENT
BETWEEN KITSAP COUNTY AND THE CITY OF BREMERTON
FOR CDBG SERVICES
ATTACHMENT A: Eligibie Expenses `
CDBGIHOME Programs Specialtst Staffing Costs
Staffins� Costs. CDBG/HOME Proarams Suecialist -100%
2010 (Sept-Dec) 2011 est (Jan-Dec) Totai
Salary � $17,963 $56,243 $74,206
Benefits $2,362 $8,346 $10,708
Worker's Comp $42 $125 $167
Medicai $2,413 $7,472 $9,885
Subtotal - P�8 $22,779 $72,186 $84,966
Training & Travel Costs $1,667 $5,000 $6,667
Salary 8 Benefits Contingency $0 $3,000 $3,000
Subtotal - Misc $7,667 $8,000 $9,667
Total $24,446 $80,186 $104,632
Source of fundins� for CDBG/HOME Proarams Snecialis�
2010 �2011 Total
Kitsap County Block Grant Division $12,223 $40,093 $52,316
City of Bremerton Block Grant $12,223 $40,093 $52,316
$24,446 $80,186 $104,632
DATE SUBMITTED: 08-03-10
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
.......................................................................................�
SUBJECT: Automatic and Mutual Aid Committee Meeting Date: 08-11-10
Interlocal Agreement regarding Fire COUNCIL MEETIIVG Date: 08-18-10
Protection, Emergency Medical, and other Department: Fire
Services Presenter: Al Duke, Fire Chief
Phone: 473-5380
SUMMARY: This is an agreement between the City of Bremerton and every fire districddepartment
including Navy Region Northwest to provide automatic and mutual aid to each other. The current
mutual aid agreements are outdated. The agreements did not define the specific services rendered and
are among specific entities. The new consolidated agreement is between all parties and specifically
identifies the services rendered and received from each entity.
ATTACHMENTS: Interlocal Agreement between the City of Bremerton and the parties.
FISCAL IMPACTS (Include Budgeted Amount): N/A
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY: -
FINANCE DIRECTOR: ��
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT: CONSENT AGENDA
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMMENDED MOTION: Move to approve the Automatic and Mutual Aid Interlocal
Agreement and authorize the Mayor to finalize and execute the Agreement with substantially the
same terms and conditions as presented.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
AUTOMATIC AND MUTUAL AID
INTERLOCAL AGREEMENT
REGARDING
FIRE PROTECTION, EMERGENCY MEDICAL, AND OTHER SERVICES
Summarv for Recorder's Use (RCW 65.04.045)•
1. Reference Number of documents being assigned or �eleased: Not Applicable. �
2. Grantors:
1. Bremerton Fire Department;
2. North Kitsap Fire & Rescue;
3. Central Kitsap Fire & Rescue;
4. South Kitsap Fire & Rescue;
5. Bainbridge Island Fire Department;
6. Poulsbo Fire District 18;
7. Kitsap County — Office of the Fire Marshal;
8. Navy Region Northwest.
3. Grantees: �
1. Bremerton Fire Department;
2. North Kitsap Fire 8� Rescue;
3. Central Kitsap Fire & Rescue;
4. South Kitsap Fire & Rescue;
5. Bainbridge Island Fire Department;
6. Poulsbo Fire District 18;
7. Kitsap County — Office of the Fire Marshal
8. Navy Region Northwest;
9. The Public.
4. Summary Legal Description: Not Applicable.
5. Assessor's Property Tax Parcel Account Number(s): Not Applicable.
THIS INTERLOCAL AGREEMENT ("AgreemenY') is entered into as of the day
of , 2010, among the following governmental entities, acting pursuant to the
authority provided by Washington State's Interlocal Cooperation Act, Chapter 39.34 RCW: the
City of Bremerton Fire Department; North Kitsap Fire and Rescue; Central Kitsap Fire and
Rescue; South Kitsap Fire and Rescue; Bainbridge Island Fire Department; Poulsbo Fire
District 18; Kitsap County — Office of the Fire Marshal; and pursuant to 42 USC 1856a:
Navy Region Northwest Fire & Emergency Services (hereinafter also generically referred to
collectively as "Fire Departments" or "Agencies", and singularly as "Fire Department" or
"Agency"). With the exception of Navy Region Northwest, each Agency named herein
constitutes a Washington State municipal corporation and enters this agreement under the
authority of Chapter 39.34 RCW. Navy Region Northwest is an agency of the United States and
enters this agreement under the authority of 42 USC 1856a. As a federal agency, Navy Region
Northwest is excluded from the requirements of the RCW as set forth in this agreement.
Washington State's Interlocal Cooperation Act encourages local government units to enter into
agreements with one another on a basis of mutual advantage in order to make the most efficient
use of their resources for the benefit of their respective citizens.
Automatic and Mutual Aid Agreement
To Provide Fire Protection, Emergency Medical,
Prevention, and Other Service
May 4, 2010
Page 1 of 24
This Agreement seeks to provide each Agency the benefits of mutual and automatic aid from
the other Agencies concerning: fire protection; arson investigation; hazardous materials incident
responses; emergency medical services; motor vehicle accidents; rehabilitation services; water �
rescues; and joint training for the protection of life and property.
NOW, THEREFORE, in consideration of the foregoing recitals, and the promises and covenants
of the Fire Departments hereinafter set forth, they agree as follows:
1. Purpose. The purpose of this Agreement is to provide a means for tFie Fire Departments,
under certain circumstances, to collaborate and combine their resources in the form of
personnel and equipment to respond to incidents involving fire protection, arson investigation,
hazardous materials incident responses, emergency medical services, motor vehicle accidents,
rehabilitation services, water rescue and joint training for the protection of life and property.
2. Standard Deliverv of Services. Upon request being made by a representative of an
Agency ("requesting Agency') for any of the resources identified in "Appendix A", hereof from
another Agency ("responding Agency'), resources will be dispatched from the responding
Agency in accordance with the request, subject however to the response limitations set forth in
section 3 hereof, to that location within the requesting Agency's usual service area as
requested.
3. Resaondins� A�encv Disnatch Conditions. The dispatch of equipment and personnel by a
responding Agency shall be subject to the following conditions:
A. Renderins� of Aid Not Mandatorv. The rendering of mutual and automatic
assistance under this Agreement shall not be mandatory, but the Agency receiving a
request to respond shall inform the requesting Agency as soon as reasonably possible, if
for any reason the requested assistance will not be provided. The officer in charge of
any fire department asked to respond to a request shall have the right to determine the
ability and priority of providing mutual and automatic assistance under this Agreement
should his/her fire department already be committed to an emergency within its
jurisdiction or pursuant to other mutual and automatic aid agreements then in effect.
B. Information Accompanvins� Reauest / Use of ICS. Any request for aid hereunder
shall include a statement of the number and type of equipment and personnel sought, .
and shall specify the location where the equipment and personnel are to be dispatched.
Provided, however, under a!I circumstances, the number and type of equipment, and the
number and type of personnel to be furnished, shall be determined by the responding
Agency's representative.
Each Agency shall use the Incident Command System ("ICS") for all mutual and
automatic responses, and shall establish and maintain dispatch run cards personal to
that Agency at CenCom to reflect ihe response obligations established in this
Agreement. �
Automatic and Mutual Aid Agreement
To Provide Fire Protection, Emergency Medical, �
Prevention, and Other Service ,
May 4, 2010
Page 2 of 24
C. Reportin� Reauirements at Incident. The responding Agency shall report to the
officer in charge of the requesting Agency at the location where the equipment and
personnel is dispatched, and shall be subject to the orders of that official. Provided,
however, the officer in charge of a responding Agency may, in the exercise of his/her
best judgment and discretion, refuse to commit personnel, equipment, or both, to a
position or task that he/she determines possesses the reasonable potential to
unreasonably imperil such personnel and/or equipment.
D. Reauestin� A�encv Incident Release. A responding Agency shall be released by
the requesting Agency when: its services are no longer reasonably required; or when it
must respond into its own service area.
E. Identification of A�encv Services. The mutual assistance services each Agency
agrees to provide pursuant to this Agreement are identified in
"Apaendix A", attached hereto, which by this reference is incorporated herein and made
a part hereof.
F. Patient Transaort Rates. Emergency medical patients requiring transport to a
medical facility for continued medical care shall be billed for the transport services
provided, by the Agency providing the transport, at the established rate of such
transporting Agency.
4. Indemnification. Limitation of Liabilitv, and Insurance. Each Agency shall, at all times,
be solely and exclusively responsible for the acts or failure to act of its personnel that occur or
arise in any way out of the pertormance of this Agreement. Each Agency's personnel shall be
under the employment of its Fire Department for purposes of any injury, loss, claim, damage or
liability arising out of or related to this Agreement. Each Agency further agrees to hold
harmless, defend, and indemnify, the other Agencies and their personnel from all costs, -
expenses, losses, and damages, including cost of defense incurred as a result of any acts or
omissions of the pe�tinent acting or non-acting Agency or its personnel relating to its
performance or wrongful non-performance under this Agreement.
Each Agency shall provide to all other Agencies in the form of a Certificate of Coverage, proof of
its insurance or self-insurance that provides good and adequate coverage for all its reasonably
foreseeable activities hereunder.
The terms and limitations of indemnification, limitation of liability, insurance and/or proof of
insurance by the Department of the Navy are controlled and limited by federal law. Nothing
contained within this Mutual Aid and Interlocal Agreement shall act to modify in any way, any
provision of applicable federal law as it applies to any activities taken pursuant to this
agreement.
5. Meetins�s.
Automatic and Mutual Aid Agreement
To Provide Fire Protection, Emergency Medical,
Prevention, and Other Service
May 4, 2010
Page 3 of 24
A. Annual Meetins�. The Agencies shall jointly meet annually, in March, to review
implementation of this Agreement and its terms, and how such implementation may be
improved, and/or what Agreement changes should be made.
B. Meetins� Deles�ates. The meeting delegate for each Agency shall be the Agency's
Fire Chief, or his/her designee.
C. Additional Meetins�s. If the Board Chair and Vice-Chair (as hereinafter identified)
or a majority of the Agencies' Fire Chiefs determine additional meetings should be held
regarding implementation of this Agreement, or changes hereto, they shall have the
ability to schedule and hold such meetings so long as advance notice of at least five
days of the date, time, place and purpose of the meeting is supplied to all Agency
representatives. Each time a meeting is held, minutes thereof shall be taken and
retained.
D. Meetins� Quorum. In order to have a quorum at such meetings for a"legal" meeting
to occur, representatives from at least a majority of the Fire Agencies shall be present.
E. Implementation Decisions / Chans�es to Aareement. A majority vote of duly
authorized representatives at any meeting where a quorum is present may enter into any
agreements regarding the implementation and/or administration of this Agreement from
time to time; actual changes to the terms of this Agreement, however, must be agreed to
by all Fire Agencies in writing.
F. Yearlv Selection of Board Chai� and Vice Chair. At the first meeting of Agency
Representatives each year, by majority vote, they shall elect from their ranks a
chairperson, and a vice-chair to act as chairperson in the event of the chairperson's
absence, to conduct the meetings for that year. The chairperson shall also be
responsible: for insuring appropriate minutes of each meeting are taken; for establishing
each meeting's agenda; for insuring all records generated as a result of this association
are retained in an organized and safe manner; and for insuring proper notice of ineetings
as set forth herein, or other pertinent information he/she receives relative to this
Agreement, are sent to all Agencies. Such notices may be remitted by means of first
class mail, fax, or e-mail. Each Agency shall insure it has on file with the Board chair
and vice chair, its current address, fax number, and e-mail address for the receipt of
notices.
6. Termination of Prior As�reements. This Agreement supersedes and replaces all prior
agreements between the Agencies relating to or touching upon the matters contained herein.
7. Effectiveness / Termination. This Agreement shall be effective when fully executed by all
Agencies who are signatory to this Agreement, and upon its filing with the Kitsap County Auditor
as provided in RCW 39.34.040, and shall remain in effect until terminated by mutual consent of
all Agencies. If an Agency or Agencies shall terminate its/their participation hereunder,
nevertheless, this Agreement shall remain in effect as to those remaining Agencies.
Automatic and Mutual Aid Agreement
To Provide Fire Protection, Emergency Medical,
Prevention, and Other Service
May 4, 2010 ,
Page 4 of 24
8. Termination of An A�encv's Participation. An Agency may terminate its participation
under this Agreement by first providing written notice to all other Agencies of its intent to
terminate its participation at least 120 days prior to the termination date set forth in its notice
which termination date shall be the last day of a calendar month.
9. Financins�. RCW 39.34.030(d) requires that the manner of financing joint undertakings
relative to Interlocal Agreements be set forth. It is not anticipated, however, that joint financing
of any undertakings will result in the implementation of this Agreement. Each Agency shall
contribute its own personnel and equipment at its sole cost to all undertakings contemplated
hereby. Nothing in this Agreement shall be construed as obligating any party to violate existing
laws or regulations. All services provided by any Agency is subject to the constraints of
available resources.
10. Complete As�reement. This Agreement constitutes the full and complete agreement of the
Agencies as to the matters contained herein. No other verbal or prior written understandings
shall be provided with any legal effect whatsoever. Any amendments hereto shall be in writing
and signed by all Agencies.
11. Compensation. No responding Agency shall seek or be entitled to compensation for
services rendered under this Agreement from any requesting Agency, except as provided in 44
CFR, Part 151, "REIMBURSEMENT FOR COST OF FIREFIGHTING ON FEDERAL
PROPERTY".
12. Execution in Counteraarts. This Agreement may be simultaneously executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the
same instrument.
13. As�reement to be filed with Countv Auditor: Pursuant to RCW 39.34.040, this Interlocal
Agreement shall be filed with the Kitsap County Auditor as soon as reasonably practical after its
execution.
IN WITNESS WHEREOF, the duly authorized representatives for each Agency have signed this
Agreement to evidence their respective Agency's consent to all terms hereof:
Automatic and Mutual Aid Agreement �
To Provide Fire Protection, Emergency Medical,
Prevention, and Other Service
May 4, 2010
Page 5 of 24
APPENDIX A
BREMETON FIRE DEPARTMENT
Provide fire suppression services that include the following
equipment and personnel: fire engine(s), ladder truck, and
personnel trained to IFSAC Firefighter I& II. Such responses shall
Fire Suppression be for all types of �re situations, service calls and certain alarm
activations. It may also included standby while other units are
engaged in suppression activities. �
Respond to motor vehicle accidents to render assistance to include
Motor Vehicle extrication, medical aid, and/or potential fires.
Accidents �
Provide trained personnel in both fire and arson investigation.
Fire � Arson
Investigation
Provide trained personnel capable of reviewing plans submitted for
Plan Review and new construction or permit applications, performing new
Inspection construction, permit, existing occupancy or special process or use
ins ections.
Provide trained personnel for decontamination. Provide adequate
Hazard Material non-technical decontamination tools and equipment. Provide
Response adequate spill absorbents from minor spills.
Provide staff and incident management support during emergency
medical responses. Provide emergency Advance Life Support
Emergency Medical (ALS) and Basic Life support (BLS) care. Provide emergency
Services Advance Life Support (ALS) transport. �
Provide a limited number of_personnel to participate in cooperative
Technical special rescue training in a cooperative technical rescue team
� Rescue Services operation.
�
Respond to water rescue from land only; provide medical support
Water Rescue as identified under Emergency Medical Services. �
Provide a Chaplain to assist fire department personnel or incident
Chaplain and Critical patients with critical incident stress debriefings, spiritual support,
Incident Stress and Red Cross assistance. �
Debriefing Services
Joint training shall be used to exercise skills, plans, and procedures
Trainin develo ed b the Kitsa Count Fire Chief's Trainin Officers.
Automatic and Mutual Aid Agreement
To Provide Fire Protection, Emergency Medical,
Prevention, and Other Service , �
May 4, 2010
Page 6 of 24
APPENDIX A
BAINBRIDGE ISLAND FIRE DEPARTMENT
Provide �re suppression services that include the following
equipment and personnel: fire engine(s), ladder truck, and
personnel trained to NFPA 1001. Such responses shall be for all
Fire Suppression types of fire situations, service calls and certain alarm activations. It
may also include standby while other units are engaged in
su ression activities.
Respond to motor vehicle accidents to render assistance to include
Motor Vehicte extrication, medical aid, and/or potential fires.
Accidents
Provide trained personnel in both fire and arson investigation.
Fire 8 Arson
Investigation
Provide trained personnel capable of reviewing plans submitted for
Plan Review and new construction or permit applications, performing new
Inspection construction, permit, existing occupancy or special process or use
ins ections.
Provide trained personnel for decontamination. Provide adequate
Hazard Material non-technical decontamination tools and equipment. Provide
Response adequate spill absorbents for minor spills.
Provide staff and incident management support during emergency
medical responses. Provide emergency Advance Life Support
Emergency Medical (ALS) and Basic Life support (BLS) care. Provide emergency
Services Advance Life Su ort ALS trans ort.
Provide a limited number of personnel to participate in cooperative
Technical special rescue training in a cooperative technical rescue team
Rescue Services operation.
Respond to water rescue incidents from land and or water; provide
Water Rescue surtace water rescue, fire suppression, and medical support as
identified under Emer enc Medical Services.
Provide a professional Counselor to assist fire department
Chaplain and Critical personnel or incident patients with critical incident stress
Incident Stress debriefings, spiritual support, and Red Cross assistance.
Debriefing Services
Joint training shall be used to exercise skills, plans, and procedures
Trainin develo ed b the Kitsa Count Fire Chief's Trainin Officers.
Automatic and Mutual Aid Agreement
To P�ovide Fire Protection, Emergency Medical, �
Prevention, and Other Service
May 4, 2010
Page 7 of 24
� `
APPENDIX A
CENTRAL KITSAP FIRE � RESCUE �
Provide fire suppression services that include multiple engine(s)
Fire Suppression and brush engines, a 50' Tele-Squirt and multiple water tender(s).
Staffing may consist of Career and/or Volunteer personnel who are
trained to NFPA 1001 and/or IFSAC Firefighter I or higher. Such
� responses shall be for all types of fire situations as personnel are
available.
Respond to motor vehicle accidents to render assistance to include
Motor Vehicle extrication, medical aid, fuel/product spillage and/or potential �res.
Accidents
Provide a limited number of trained personnel and basic equipment
Fire / Arson for both fire and arson investigation.
Investigation
_ Provide a limited number of trained personnel and equipment to
Plan Review and perForm inspections of buildings and structures to insure post
Ins ection incident structural inte ri .
Provide adequate personnel, too�s and equipment to assist in
Hazard Material decontamination issues. Provide adequate spill absorbent materials
Response for minor spills occurring on land and/or water. ;
Provide staff and incident management support during emergency
Emergency Medical medical responses. Provide emergency Advance Life Support
Services (ALS) and Basic Life support (BLS) care and transport.
�
Provide a limited number of personnel and materials to participate
Technical in cooperative specialized rescue training and response to
Rescue Services specialized rescue team operations.
Respond to water related rescues in inland waters as well as lakes,
Water Rescue ponds, rivers and streams. Provide medical support as identified
under Emer enc Medical Services headin of this document.
Provide rehabilitation services through the utilization of volunteer
Rehabilitation Services staffed rehab units as personnel are available, supplies arid
equipment.
Provide Chaplain services to assist fire department personnel,
Chaplain and Critical patients or family members with critical incident stress debriefings,
Incident Stress spiritual support, and assistance.
Debriefing Services
APPENDIX A � �
Automatic and Mutual Aid Agreement
To Provide Fire Protection, Emergency Medical,
Prevention, and Other Service
May 4, 2010
Page 8 of 24
CENTRAL KITSAP FIRE & RESCUE
Provide personnel as available to support with PIO responsibilities
PIO 8 Education at larger emergency scenes.
Provide personnel, apparatus, supplies and technical support for
Training joint training exercises. Develop and exercise skills, plans,
rocedures develo ed and s onsored b the Kitsa Count TO.
Automatic and Mutual Aid Agreement
To Provide Fire Protection, Emergency Medical,
Prevention, and Other Service
May 4, 2010
Page 9 of 24
APPENDIX A
KITSAP COUNTY FIRE DISTRICT #18 — POULSBO FIRE
Provide fire suppression services that include the following
equipment and personnel: fire engine(s), water tenders, and
personnel trained to NFPA 1001 Firefighter I& II. Such responses
Fire Suppression shall be for all types of fire situations, service calls and certain
alarm activations. It may also included standby while other units are
en a ed in su ression activities.
! Respond to motor vehicle accidents to render assistance to include
Motor Vehicle technician level rescue, medical aid, and/or potential fires.
Accidents
' Inter-local agreement with the Kitsap County Fire Marshalls Office
Fire and�Arson for the provision of services.
' Investigation
Provide trained personnel capab�e of reviewing plans submitted for
Pans Review and new construction or permit applications, performing new
Inspection construction, permit, existing occupancy or special process or use
ins ections.
Provide operations level emergency response to include trained
Hazard Material personnel for same. Includes basic decontamination and provide
Response adequate non-technical decontamination of tools and equipment.
Provide ade uate s ill absorbents for minor s ills.
Provide staff and incident management support during emergency
medical responses. Provide emergency Advance Life Support
Emergency Medical (ALS) and Basic Life support (BLS) care. Provide emergency
Services Advance Life Su ort ALS trans ort.
Provide operations level of response for high and low angle rescue,
Technical confined space rescue, and structural collapse. Provide awareness
Rescue Services level response to trench rescue incidents. Provide and participate
with a limited number of personnel in cooperative technical rescue
' training with a cooperative technical rescue team operation. This
team rovides technician level of res onse and service.
Respond to water rescue from a small boat. Provide operations
Water Rescue level recreational boat fire suppression- personnel do not leave
boat. Do not provide shipboard firefighting but will provide
supportive functions from a shore based location. Provide medical
su ort as identified under Emer enc Medical Services.
Automatic and Mutual Aid Agreement
To Provide Fire Protection, Emergency Medical,
Prevention, and Other Service
May 4, 2010
Page 10 of 24
APPENDIX A �
KITSAP COUNTY FIRE DISTRICT #18 — POULSBO FIRE
Provide a Chaplain to assist fire department personnei or incident
Chaplain and Critical patients with critical incident stress debrie�ngs, spiritual support,
Incident Stress and Red Cross assistance.
Debriefing Services
Joint training to exercise skills, plans, and procedures developed by
Trainin the Kitsa Count Fire Chief's Trainin Officers.
PIO � Education Provide a trained PIO at major incident as personnel are available
with corres ondin ress release s.
Automatic and Mutual Aid Agreement
To Provide Fire Protection, Emergency Medical,
Prevention, and Other Service
May 4, 2010
Page 11 of 24
APPENDIX A
NORTH KITSAP FIRE � RESCUE
� Provide fire suppression services that include the following
equipment and personnel: fire engine(s), water tenders, and
personnel trained to NFPA 1001 Firefighter I& II and NWCG
Fire Suppression Firefighter II (Wildland). Such responses shall be for all types of fire
situations, service calls and certain alarm activations. It may also
included standby while other units are engaged in suppression
activities.
� Respond to motor vehicle accidents to render assistance to include
Motor Vehicle technician level rescue, medical aid, and/or potential fires.
Accidents
Provide trained personnel capable pertorming existing occupancy
Ins ection or s ecial rocess or use ins ections.
Provide operations level emergency response to include trained
Hazard Material personnel for same. Includes basic decontamination and provide
Response adequate non-technical decontamination of tools and equipment.
Provide ade uate s ill absorbents for minor s ills.
Provide staff and incident management support during emergency
medical responses. Provide emergency Advance Life Support
Emergency Medical (ALS) and Basic Life support (BLS) care. Provide emergency
Services Advance Life Su ort ALS trans ort.
Provide operations level of response for high and low angle rescue, .
Technical confined space rescue, and structural collapse. Provide awareness
Rescue Services level response to trench rescue incidents. Provide and participate
with a limited number of personnel in cooperative technical rescue
training with a cooperative technical rescue team operation. This
team rovides technician level of res onse and service.
Respond to water rescue incidents from land and or water; provide
Water Rescue surface water rescue, fire suppression, and medical support as
identified under Emer enc Medical Services.
Provide a Chaplain to assist fire department personnel or incident
Chaplain and Critical patients with critical incident stress debriefings, spiritual support,
Incident Stress and Red Cross assistance.
Debriefing Services
Joint training to exercise skills, plans, and procedures developed by
Training the Kitsap County Fire Chief's Training Officers.
PIO & Education Provide a trained PIO at major incident as personnel are available
with corres ondin ress release s.
Automatic and Mutual Aid Agreement _
To Provide Fire Protection, Emergency Medical,
Prevention, and Other Service
May 4, 2010
Page 12 of 24 '
APPENDIX A
SOUTH KITSAP FIRE & RESCUE
Provide fire suppression services that include the following
Fire Suppression equipment and personnel: �re engine(s), water tenders, and
personnel trained to NFPA 1001 or IFSAC Firefighter I& II. Such
responses shall be for all types of fire situations, service calls and
certain alarm activations. It may also included standby while other
units are en a ed in su ression activities.
Respond to motor vehicle accidents to render assistance to include
Motor Vehicle operations level rescue, medical aid, and/or potential fires.
Accidents
Provide trained personnel in both fire and arson investigation.
Fire / Arson
Investigation
Provide trained personnel capable of reviewing plans submitted for
Plan Review and new construction or permit applications, pertorming new
Inspection construction, permit, existing occupancy or special process or use
ins ections.
Provide operations level emergency response to include trained
Hazard Material personnel for same. Includes basic decontamination and provide
Response adequate non-technical decontamination of tools and equipment.
Provide ade uate s ill absorbents for minor s ills.
Provide staff and incident management support during emergency
Emergency Medical medical responses. Provide emergency Advance Life Support
Services (ALS) and Basic Life support (BLS) care. Provide emergency
Advance Life Support (ALS) and Basic Life Support (BLS)
trans orts.
Provide operations level of response for high and low angle rescue,
Technical confined space rescue, and structural collapse. Provide awareness
Rescue Services level response to trench rescue incidents. Provide and pa�ticipate
with a limited number of personnel in cooperative technical rescue
training with a cooperative technical rescue team operation. This
team rovides technician level of res onse and service.
Respond to water rescue incidents from land and or water; provide
Water Rescue surface water rescue, fire suppression, and medical support as
identified under Emer enc Medical Services.
Provide a Chaplain to assist fire department personnel or incident
Chaplain and Critical patients with critical incident stress debrie�ngs, spiritual support,
Incident Stress and Red Cross assistance.
Debriefing Services
Joint training to exercise skills, plans, and procedures developed by
Trainin the Kitsa Count Fire Chief's Trainin O�cers.
Automatic and Mutual Aid Agreement
To Provide Fire Protection, Emergency Medical,
Prevention, and Other Service
May 4, 2010
Page 13 of 24
, APPENDIX A
KITSAP COUNTY FIRE MARSHAL
No Service delivery.
Fire Suppression
No Service delivery.
Motor Vehicle
Accidents
Provide trained personnel in both fire and arson investigation.
Fire I Arson
Investigation
Provide trained personnel capable of reviewing plans submitted for
Plan Review and new construction or permit applications; performing new
Inspection construction, permit, existing occupancy or special process or use
ins ections.
No Service delivery.
Hazard Material
Response
No Service delivery. , -
Emergency Medical
Services �
, No Service delivery.
Technical
Rescue Services
No Service delivery.
Water Rescue
No Service delivery.
Rehabilitation Services
� No Service delivery.
Chaplain and Critical
Incident Stress
Debriefing Services `
Provide personnel as available to support county-wide prevention
PIO 8� Education and education programs.
Provide and support training in fire and building codes and fire
Trainin investi ation.
Automatic and Mutual Aid Agreement
To Provide Fire Protection, Emergency Medical, "
Prevention, and Other Service '
May 4, 2010 �
Page 14 of 24
APPENDIX A
NAVY REGION NORTHWEST
Provide fire suppression services that include the following
Fire Suppression equipment and personnel: fire engine(s), ladder truck(s), and
personnel trained to IFSAC HazMat Incident Command and Fire
Officer III. Such responses shall be for all types of fire situations,
service calls and certain alarm activations. It may also include
standb while other units are en a ed in su ression activities.
Respond to motor vehicle accidents to render assistance to include
Motor Vehicle extrication, medical aid, and/or potential fires.
Accidents
Provide trained personnel in fire investigation upon request.
Fire / Arson
Investigation
No Service
Plan Review and
Ins ection
Provide trained personnel that are IFSAC certified to HazMat
Hazard Material Technician for HazMat Incidents. Provide personnel and resources
Response that are capable of mitigating HazMat releases and technical
decontamination tools and equipment.
Provide staff and incident management support during emergency
Emergency Medical medical responses. Provide initial emergency Basic Life Support
Services (BLS) care.
Provide a limited number of personnel to participate in cooperative
Technical special rescue training in a cooperative special rescue team
Rescue Services operation.
Respond to water rescue from land only; provide medical support
Water Rescue as identified under NRNW EMS protocols.
No Service
Rehabilitation Services
No Service
Chaplain and Critical
Incident Stress
Debriefing Services
Automatic and Mutual Aid Agreement
To Provide Fire Protection, Emergency Medical,
Prevention, and Other Service
May 4, 2010
Page 15 of 24
APPENDIX A
NAVY REGION NORTHWEST
No Service
PIO & Education
Joint training shall be used to exercise skills, plans, and procedures
Training as requested by the Kitsap County Fire Chief's Training Officers
throu h NRNW Trainin Division.
Automatic and Mutual Aid Agreement
To Provide Fire Protection, Emergency Medical,
Prevention, and Other Service
May 4, 2010 �
� Page 16 of 24
CITY OF BREMERTON
bY� Date of Signing:
PATTY LENT, Mayor
ATTESTED TO:
by:
CAROL ETGEN, City Clerk
APPROVED AS TO FORM:
By:
ROGER LUBOVICH, City Attorney
Automatic and Mutual Aid Agreement"
To Provide Fire Protection, Emergency Medical,
Prevention, and Other Service
May 4, 2010
Page 17 of 24
BAINBRIDGE ISLAND FIRE DEPARTMENT
bY� Date of Signing:
DAVID COATSWORTH
Board Chair ^
bY� Date of Signing:
� MAUREEN HALLIGAN
Commissioner `
bY� Date of Signing:
�SCOTT ISENMAN � �
Commissioner
bY� Date of Signing:
PAUL BANG-KNUDSEN
Commissioner
bY� Date of Signing:
GLEN TYRREL �
Commissioner �
Attest:
by:
f
District Secretary
Automatic and Mutual Aid Agreement
To Provide Fire Protection, Emergency Medical,
Prevention, and Other Service
May 4, 2010
Page 18 of 24
`
_ CENTRAL KITSAP FIRE & RESCUE
bY� Date of Signing:
BOB MUHLEMAN
Board Chair
bY� Date of Signing:
KEN ERICKSON
Commissioner
bY� Date of Signing:
RALPH ROGERS
Commissioner
bY� Date of Signing:
MICK McKINLEY
Commissioner
bY� Date of Signing:
DAVE FERGUS
Commissioner
Attest:
by:
RICHARD GROSS
District Secretary
Automatic and Mutual Aid Agreement
To Provide Fire Protection, Emergency Medical,
Prevention, and Other Service
May 4, 2010
Page 19 of 24
� �
POULSBO FIRE DEPARTMENT
by: Date of Signing:
JAMES INGALLS �
Board Chair
by: Date of Signing:
DAVID ELLINGSON ,
Commissioner �
�
by: Date of Signing:
DARRYL MILTON
Commissioner
by: Date of Signing:
CONRAD GREEN
Commissioner
�
by: � Date of Signing:
MARTIN SULLIVAN �
Commissioner
Attest:
by:
LISE ALKIRE �
District Secretary
�
Automatic and Mutual Aid Agreement
To Provide Fire Protection, Emergency Medical,
Prevention, and Other Service `
May 4, 2010 �
Page 20 of 24 �
NORTH KITSAP FIRE & RESCUE
bY� Date of Signing:
STEVEN NEUPERT
Board Chair
bY� Date of Signing:
FERNANDO ESPINOSA
Commissioner
bY� Date of Signing:
WILSON STEWART
Commissioner
bY� Date of Signing:
GILLIAN GREGORY
Commissioner
bY� Date of Signing:
PATRICK PEARSON
Commissioner
Attest:
by:
CINDY MORAN
District Secretary
Automatic and Mutual Aid Agreement
To Provide Fire Protection, Emergency Medical,
Prevention, and Other Service
May 4, 2010
Page 21 of 24
I
SOUTH KITSAP FIRE & RESCUE
bY� Date of Signing:
GERALD PREUSS
Board Chair
bY� Date of Signing:
DARLA HARTLEY
Commissioner
bY� Date of Signing:
DUSTY WILEY
Commissioner
bY� Date of Signing:
PAUL GOLNIK
Commissioner
by� Date of Signing:
DAVE GELSLEICHTER
Commissioner
Attest:
by:
RICHARD GROSS
District Secretary
Automatic and Mutual Aid Agreement
To Provide Fire Protection, Emergency Medical,
Prevention, and Other Service
May 4, 2010
Page 22 of 24
NAVY REGION NORTHWEST, a Division of the United States
Government
by� Date of Signing:
A. P. VERHOFSTADT, P. E.
Executive Director
Commander, Navy Region Northwest
by� Date of Signing:
M. J. OLSON, CAPTAIN
Commanding Officer Naval Base Kitsap
Address: 1100 Hunley RD ` �
Silverdale, WA 98315
Contact Telephone Number(s): ,
�
Automatic and Mutual Aid Agreement
To Provide Fire Protection, Emergency Medical,
Prevention, and Other Service
May 4, 2010 ,_
Page 23 of 24
i
KITSAP COUNTY ;
- ,
bY� Date of Signing:
' STEVE BAUER, Commissioner
bY� Date of Signing:
CHARLOTTE GARRIDO, Commissioner
bY� Date of Signing:
JOSH BROWN, Commissioner -
, ATTESTED TO: � �
' ,
by:
OPAL ROBERTSON
APPROVED AS TO FORM:
By: �
RUSSELL D. HAUGE, Kitsap County Prosecutor
, ,
�
Automatic and Mutual Aid Agreement
To Provide Fire Protection, Emergency Medical,
Prevention, and Other Service '
May 4, 2010
Page 24 of 24
� �
DATE SUBMITTED: 08-03-10
AGENDA BILL ��
CITY OF BREMERTON
CITY COUNCIL
.......................................................................................�
SUBJECT: Technical Rescue Mutual Aid Committee Meeting Date: 08-11-10
Interlocal Ageement COUNCIL MEETING Date: 08-18-10
Department: Fire
Presenter: A1 Duke, Fire Chief
Phone: 473-5380
SUMMARY: This is an agreement between the City of Bremerton and every fire district/department
to provide mutual aid for technical rescues. Currently there are no fire department/district that can
provide technical rescues with their own resources. This agreement provides for a county-wide
technical rescue team, defines the services rendered, how the team is organized and is funded. This
agreement is between all fire departments/districts within Kitsap County.
ATTACHMENTS: Interlocal Agreement between the City of Bremerton and the parties.
FISCAL IMPACTS (Include Budgeted Amount): The cost is $2,500 a year and will be absorbed
within the Fire Department budget.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR: �
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT: CONSENT AGENDA
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMMENDED MOTION: Move to approve the Technical Rescue Mutual Aid Interlocal
Agreement and authorize the Mayor to finalize and execute the Agreement with substantially the
same terms and conditions as presented.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
)
TECHNICAL� RESCUE MUTUAL AID
INTERLOCAL AGREEMENT
Summarv for Recorder's Use (RCW 65.04.0451• �
1. Reference Number of documents being assigned or released: Not Applicable.
2. Grantors:
1. Bremerton Fire Department;
2. North Kitsap Fire & Rescue;
3. Central Kitsap Fire & Rescue;
4. South Kitsap Fire & Rescue;
5. Bainbridge Island Fire Department;
6. Poulsbo Fire District 18; � ��
3. Grantees:
1. Bremerton Fire Department;
2. North Kitsap Fire & Rescue;
3. Central Kitsap Fire & Rescue;
4. South Kitsap Fire & Rescue;
5. Bainbridge Island Fire Department;
6. Poulsbo Fire District 18;
7. Navy Region Northwest;
8. The Public.
4. Summary Legal Description: Not Applicable. �
5. Assessor's Property Tax Parcel Account Number(s): Not Applicable.
THIS INTERLOCAL AGREEMENT ( "AgreemenY') is entered into as of
the day of , 2010, among the following governmental entities, acting pursuant
to the authority provided by Washington State's Interlocal Cooperative Act, Chapter 39.34
RCW: the City of Bremerton Fire Department; North Kitsap Fire and Rescue; Central
Kitsap Fire and Rescue; South Kitsap Fire and Rescue; Bainbridge Islaad Fire
Department; Poulsbo Fire District 18; (hereinafter also generically referred to collectively as
"Fire Departments" or "Member Agencies", and singularly as "Fire Deparhnent" or "Member
Agency"). Each Member Agency named herein constitutes a Washington State municipal
corporation. All Member Agencies are "Public Agencies" as defined in RCW 39.34.020(1).
Washington State's Interlocal Cooperative Act encowages local government units to
enter into agreements with one another on a basis of mutual advantage in order to make the most
efficient use of their resources for the benefit of their respective citizens. �
This Agreement seeks to provide each Member Agency the benefits of mutual and
automatic aid from the other Member Agencies in responding to incidents that require technical
rescue skills to the end that each Member Agency's citizens may be provided with combined
Member Agency expertise in such matters. �
�
032510
TECHNICAL RESCUE `�
MUTUAL AID INTERLOCAL AGREEMENT Page 1 of 12
NOW, THEREFORE, in consideration of the foregoing recitals, and the
promises and covenants of the Member Agencies, they agree as follows:
1. Pur ose. The purpose of this Agreement is to provide a means for the Member Agencies,
under certain circumstances, to collaborate and combine their technical rescue resources mutually
and reciprocally in the form of personnel and equipment to respond to incidents within a Member
Agency's service azea that involve rescues requiring technical skills, such as: trench rescue;
confined space rescue; rope rescue; structural collapse rescue; and other rescue situadons, for which
personnel have been specially trained.
Nothing in this Agreement is intended to ovemde or replace in any fashion the power and authority
of the Kitsap County Sherii�s Office with respect to search and rescue activities described in RCW
38.52.400. Similarly, the Member Agencies recognize the authority of the Kitsap County Sheriffs
Office with respect to water rescue and the regulation of watercraft.
2. Technical Rescue Personnel. Technical rescue personnel are defined as those individuals
assigned by Member Agencies to train and respond to, as part of a consolidated response effort, to
rescue incidents identified herein within the Member Agency service areas.
3. Lead Asencv. Bainbridge Island Fire Depariment ("BIFD") sha11 serve as the Lead
Agency in administering this Agreement. It shall assess an annual maintenance fee (which fee shall
be determined yearly by the KCFCA Executive Board as hereinafter set forth) equally among the
Member Agencies to pay for all costs incurred in implementing this Agreement, including but not
limited to expenses covering joint training exercises, materials, supplies, and equipment used by the
rescue team(s). It shall maintain these funds in a segregated "Technical Rescue Mutual Aid
AccounY' and shall maintain an itemized accounting of all monies deposited into this account and
all monies paid from it. The Lead Agency agrees not to charge an administrative fee and shall
retain the right to bill for incurred cost for the services it provides under this Agreement. BIFD
may be replaced as the Lead Agency by the KCFCA Executive Board as hereinafter set forth.
4. Effectiveness / Terminahon. This Agreement shall be effective when fully executed by
all Member Agencies who are listed as signatory hereto and upon its filing with the Kitsap
County Auditor as provided in RCW 39.34.040, and shall remain in effect on a year-to-year basis
until terminated by the mutual written consent of all Mutual Agencies. If a Member Agency or
Agencies terminates its/their participation hereunder, nevertheless, this Agreement shall remain
in effect as to those remaining Member Agencies.
5. Termination of A Member Agencv's Particiaation. A Member Agency may terminate
its participation under this Agreement by first providing 30 days advance written notice to the
Lead Agency of its intent to terminate its participation hereunder as of a date certain set forth in
its notice, which date certain shall be the last day of a calendar month. Provided, however, before
a Member Agency may terminate its participation hereunder, it must first pay all its obligations
due hereunder to the date of termination. If a Member Agency terminates its participation prior
to the end of a calendar year, that portion of its maintenance fee paid for that year that has not yet
032510
TECHNICAL RESCUE
MUTUAL AID INTERLOCAL AGREEMENT Page 2 of 12
been utilized to pay expenses in the implementation of this Agreement, as determined by the
Lead Agency, shall be returned to it within 60 days of its termination date.
6. Oaerational Guidance- Kitsaa Countv Oaerations Chiefs.
A. Operallons Board / Duties. The Kitsap County Operations Chiefs, a Division of
the Kitsap County Fire Chiefs Association ("KCFCA") , shall serve as an Operations
Board, responsible for operational guidance and issues involved in the implementation
of this Agreement.
B. Meetin�s. The Operations Board shall meet at those rimes as it shall determine so
the terms of this Agreement may be effectively implemented.
C. Duties / Admittance of New Member A�encies / Member Agencv Suaaort. The
Operations Board shall review, make changes to as deemed necessary, and recommend,
the annual budget presented to it by the Lead Agency. The Operations Board may also
establish (and disband) committees, as it deems appropriate from time to rime, and
provide any other guidance to the Lead Agency and/or Member Agencies reasonably
required to adequately administer and implement this Agreement, including the ability
to allow additional governmental entities to become a Member Agency to this
Agreement upon its ,agreeing to all terms hereof. Any governmental agency admitted as
a new Member Agency hereunder shall sign an agreement under which it agrees to be
bound by all terms of this Agreement. Admittance of the governmental agency as a
Member Agency hereunder shall then occur when the Operations Board approves the
same.
Each Member Agency shall provide ongoing support to the goals of this Agreement by providing
knowledgeable representatives to attend scheduled committee meetings and perform assigned
committee work in a timely fashion.
7. Resaonsibilitv for Dav-to-Dav Operations / Policv Board. The Lead Agency shall be
the administrative authority charged with managing the day-to-day operations conducted pursuant
to this Agreement. The KCFCA Executive Board shall serve as Policy Board under this
Agreement. The Policy Board shall be responsible for formularing goals, policy, procedures,
establishing annual budgets, and acquiring, holding, and disposing of any real or personal property
purchased to implement this Agreement. In performing its duties hereunder, the Policy Board shall
meet at least annually, and more frequently as it shall determine. The Policy Board shall determine
the annual maintenance fee charged to each Member Agency.
Each Member Agency agrees to remit its annual maintenance fee to the Lead Agency within sixty
(60) days after receipt of such billing. Initially the annual maintenance fee charged to each Member
Agency shall be $2,500.00, and shall be due during the second quarter of each year. The Policy
Board, with cause, shall also have the right at any time to replace BIFD as the Lead Agency with
another Member Agency who shall then assume the duties placed upon the Lead Agency hereunder.
032510
TECHNICAL RESCUE
MUTUAL AID INTERLOCAL AGREEMENT Page 3 of 12
8. Governin� Aut6oritv. The Agreement seeks to set forth the authority of the three
entities in charge of providing guidance, administration, and decisions under this Agreement, to
wit: the Kitsap County Fire Chief s Executive Board ("Policy Board"); the Kitsap County
Operations Chiefs; and the Lead Agency. In the event a dispute shall ever arise as to which of these
three entiries is answerable to whom, or what authority one of them possesses, all said disputes shall
be resolved by the Kitsap County Fire Chief s Executive Board ("Policy Board").
9. Member A�encv Duties. On a continual basis, each Member Agency agrees to provide a
minimum of one, but preferably three, personnel qualified to, or who will become qualified to, the
technician level in the rescue disciplines of trench rescue, rope rescue, confined space rescue, and
structural collapse rescue. At a minimum, all qualifications shall be based on, and maintained, in
accordance with NFPA 1006 entitled, "Rescue Technician Professional Qualifications" (as
currently enacted).
10. Standard Deliverv of Services. Upon request being made by a representative of a
Member Agency ("requesting Member Agency") for any personnel identified in this agreement.
hereof from another Member Agency ("responding Member Agency"), resources will be
dispatched from the responding Member Agency in accordance with the request, subject
however to the response limitations set forth herein, to that location within the requesting
Member Agency's service area as requested.
11. Resuondine Agencv Disaatch Conditions. The dispatch of equipment and personnel by
a responding Member Agency shall be subject to the following conditions:
A. Renderine of Aid Not Mandatorv. The rendering of assistance under this
Agreement shall not be mandatory, but the Member Agency receiving a request to
respond shall inform the requesting Member Agency as soon as reasonably possible, if
for any reason the requested assistance will not be provided. The officer in charge of a
responding Member Agency shall have the right to determine the ability and priority of
providing assistance under this Agreement should his/her Fire Deparhnent already be
committed to an emergency within its service area requiring the said resources and/or
personnel requested by the requesting Member Agency.
B. Information Accomuanvin� Request / Use of ICS. Any request for aid hereunder
shall include a statement of the amount and type of equipment and personnel sought, and
shall specify the location where the equipment and personnel are to be dispatched.
Provided, however, under all circumstances, the amount and type of equipment, and the
number and type of personnel to be furnished, shall be determined by the responding
Member Agency's representative.
Each Member Agency shall use the Incident Command System ("ICS") for all mutual
and automatic responses, and shall establish and maintain dispatch run cards personal to
that Member Agency at CENCOM to reflect the response obligations established in this
Agreement.
032510 .
TECHNICAL RESCUE
MUTUAL AID INTERLOCAL AGREEMENT Page 4 of 12
. eportm� Re4uirements at Incident. The responding Member Agency shall report
to the officer in charge of the requesting Member Agency at the location where the
equipment and personnel are dispatched, and shall be subject to the orders of that official. '
Provided, however, the officer in charge of a responding Member Agency may, in the
exercise of his/her best judgment and discretion, refuse to commit personnel, equipment,
or both, to a position or task that he/she determines possesses the reasonable potential to
unreasonably imperil his/her Fire Department's personnel and/or equipment.
D. Requesting Asencv Incident Release. A responding Member Agency shall be
released by the requesting Member Agency when'. its services are no longer reasonably
required; or when the responding Member Agency must respond into its own service
area. ,
�
E. Patient Transoort Rates. Emergency medical patients requiring transport to a
medical facility for continued medical care shall be billed for the transport services
provided, by the Member Agency providing the transport, at the established rate of such
transporting Member Agency.
12. Technical Rescue Services Provided to Non-Member A encies. Once this Agreement
is in effect, and the Member Agencies are providing technical rescue response to one another, they
may begin providing technical rescue services to non-member municipal agencies. Provided,
however, such services shall only be provided, azid technical rescue personnel deployed, to such
municipal agencies having an agreement in effect with the Lead Agency for such services, except as
hereinafter pernutted. Non-member municipal agencies shall be charged reasonable fees and
charges in accordance with the most current schedule of charges adopted by the Washington Fire
Chiefs Association for such rescue services. All funds received for services rendered to non
member agencies shall be paid to the Member Agency(s) performing the said services. Each
Member Agency shall determine its willingness and level of commitment to make its equipment
and personnel available to a non-member municipal agency.
Each Member Agency also reserves the right to enter into a separate technical rescue agreement
with a non-member agency so long as its services provided to such non-member agency do not take
precedence over the exchange of services and equipment among Member Agencies provided herein.
13. Indemnificallon. Limitation of Liabilitv. and Insurance Each Member Agency shall,
at all times, be solely and exclusively responsible for the acts or failure to act of its personnel
that occur or arise in any way out of the performance of this Agreement. Each Member
Agency's personnel shall be under the employment of its Fire Department for purposes of any
injury, loss, claim, damage or liability arising out of or related to this Agreement, Each Member '
Agency further agrees to hold harmless, defend, and indemnify, the other Member Agencies and
their personnel from all costs, expenses, losses, and damages, including cost of defense incurred
as a result of any acts or omissions of the pertinent acting or non-acting Member Agency or its
personnel relating to its performance or wrongful non-performance under this Agreement.
032510 ' �
TECHNICAL RESCUE
MUTUAL AID INTERLOCAL AGREEMENT Page 5 of 12
Each Member Agency shall provide to all other Agencies, information regarding its personal
injury, property damage, and other insurance pertinent to this Agreement, in the form of a
Certificate of Coverage, that demonstrates good and adequate coverage for all its reasonably
foreseeable activities hereunder.
14. Termination of Prior Agreements. This Agreement supersedes and replaces all prior
agreements between the Member Agencies relating to or touching upon the matters contained
herein.
15. Complete AQreement. This Agreement constitutes the full arid complete agreement of
the Member Agencies as to the matters contained herein. No other verbal or prior written
understandings shall be provided with any legal effect whatsoever. Any amendments hereto
shall be in writing and signed by all Member Agencies.
16. Comaensallon. No responding Agency shall seek or be entitled to compensation for
services rendered under this Agreement from any requesting Member Agency, except as
provided in 44 CFR, Part 151, "REIMBURSEMENT FOR COST OF FIREFIGHTING ON
FEDERAL PROPERTY". As hereinbefore set forth, however, Member Agencies providing
rescue services to non-member agencies shall be entitled to compensation for their services from
such non-member agencies as herein set forth.
17. Execution in Counteraarts. This Agreement may be simultaneously executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the
same insMzment.
18. Agreement to be Filed with Countv Auditor: Pursuant to RCW 39.34.040, this
Interlocal Agreement shall be filed by the Lead Agency with the Kitsap County Auditor as soon
as reasonably practical after its execution. Thereafter, conformed copies, as to the date of filing
and file number, shall be supplied by the Lead Agency to each Member Agency. �
IN WITNESS WHEREOF the duly authorized representatives for each Agency have
signed this Agreement to evidence their respective Agency's consent to all terms hereof:
(Signing Agency signatures on subsequent pages)
032510
TECHNICAL RESCUE
MUTUAL AID INTERLOCAL AGREEMENT Page 6 of 12
CITY OF BREMERTON
bY� Date of Signing:
PATTY LENT, Mayor �
ATTESTED TO:
by:
CAROL ETGEN, City Clerk
,
�
APPROVED AS TO FORM: - -
By: . .
ROGER LUBOVICH, City Attorney
�
;
� � ' ,
032510 �
TECHNICAL RESCUE
MUTUAL AID INTERGOCAL AGREEMENT Page 7 of 12
BAINBRIDGE ISLAND FIRE DEPARTMENT
bY� Date of Signing:
DAVID COATSWORTH
Board Chair
bY� Date of Signing:
MAUREEN HALLIGAN
Commissioner
bY� Date of Signing:
SCOTT ISENMAN
Commissioner �
bY� Date of Signing: -
PAUL BANG-KNUDSEN
Commissioner
bY� Date of Signing:
GLEN TYRREL
Commissioner
Attest:
by: �
District Secretary
032510
TECHNICAL RESCUE
MUTUAL AID INTERLOCAL AGREEMENT Page 8 of 12
CENTRAL KITSAP FIRE & RESCUE
bY� Date of Signing:
BOB MUHLEMAN
Board Chair
bY� Date of Signing:
KEN ERICKSON
Commissioner
bY� Date of Signing:
RALPH ROGERS
Commissioner
bY� Date of Signing:
MICK McKINLEY
Commissioner
bY- Date of Signing:
DAVE FERGUS
Commissioner
Attest:
by:
RICHARD GROSS
District Secretary
032510
TECHNICAL RESCUE
MUTUAL AID INTERLOCAL AGREEMENT Page 9 of 12
r
POULSBO FIRE DEPARTMENT
bY� Date of Signing:
JAMES INGALLS
Board Chair
bY� Date of Signing:
DAVID ELLINGSON
Commissioner
bY� Date of Signing:
DARRYL MILTON
Commissioner �
bY� Date of Signing:
CONRAD GREEN
Commissioner
bY� Date of Signing:
MARTIN SULLIVAN
Commissioner
Attest:
by:
LISE ALKIRE
District Secretary
032510
TECHNICAL RESCUE
MUTUAL AID INTERLOCAL AGREEMENT Page 10 of 12
NORTH KITSAP FIRE & RESCUE
bY� Date of Signing:
STEPHEN NEUPERT
Board Chair �
bY� Date of Signing:
FERNANDO ESPINOSA
Commissioner
bY� Date of Signing:
WILSON STEWART
Commissioner
;
,� bY� Date of Signing:
GILLIAN GREGORY
Commissioner ,
, �
bY� ' Date of Signing:
PATRICK PEARSON
Commissioner � �
Attest:
by:
CINDY MORAN '
District Secretary
� �
032510
TECHNICAL RESCUE
MUTUAL AID INTERLOCAL AGREEMENT Page 11 of 12 �
SOUTH KITSAP FIRE & RESCUE
bY� Date of Signing:
GERALD PREUSS
Board Chair
bY� Date of Signing:
DARLA HARTLEY
Commissioner
bY� Date of Signing:
DUSTY WILEY
Commissioner
bY� Date of Signing:
PAUL GOLNIK
Commissioner
bY� Date of Signing:
DAVE GELSLEICHTER
Commissioner
Attest:
by: .
RICHARD GROSS
District Secretary
032510
TECHNICAL RESCUE
MUTUAL AID INTERLOCAL AGREEMENT Page 12 of 12
DATE SUBMITTED: August 4, 2010 "'
AGENDA BILL � �
CITY OF BREMERTON ._ _ _
CITY COUNCII.
■��������������������������������������������������������������������r����������������������
SUBJECT: Interlocal Agreement with the Committee Meeting Date: 8/11/2010
City of Forks for Prisoner Confinement COUNCIL MEETING Date: 8/18/2010
Department: Police
Presenter: Captain Burchett
Phone: 473-5225
SUMMARY: The City of Bremerton is entering into an a�reement with the City of Forks for
additional prisoner jail services. Services will be limited to daily bed availability. Chazges for service
will be offered at a$45 per day.
ATTACHMENTS: Interlocal Agreement for prisoner confinement services.
FISCAL IlVIP'ACTS (Include Budgeted Amouirt): In 2010 the City budgeted, after the July
adjustment, $622,000.00 for care and custody of prisoners. This agreement with the City of Forks
provides a lower cost alternative to the Kitsap County Jail for housing some qualifying prisoners.
This option gives staff flexibility in incarceration strategies to help ease ths costs and meet a ti,ght
budget. �
The City of Forks agreement will accept prisoners as jail population allows at a daily rate of $45.00.
With confinements of 365 days, the daily rate will be lowered to $40.00.
APPROVALS: �R eKi� ,Px�s
DEPARI'MENT DIRECTOR: �
CITY ATTORNEY:
FINANCE DIRECTOR: y
MAYOR:
CONIlVIITTEE CHAIR
COUNCIL PRESIDENT: CONSENT AGENDA �
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMMENDED MOTION: Move to approve the Interlocal Agreement with the City of Forks
and authorize the Mayor to finalize and execute the agreement with substantially the same terms and
, conditions as presented.
COUNCIL AC1'ION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
., , • .
CITY OF FORKS
INTERLOCAL AGREEMENT FOR PRISONER CONFINEMENT SERVICES
This Agreement is made and entered into this 1st day of June, 2010, by and between the
CITY OF FORKS, a municipal corporation (hereinafter "FORKS"), and the CITY OF
, BREMERTON, a municipal corporation (hereinafter "CITY").
REPRESENTATIONS
1. Pursuant to Chapters 39.34 and 70.48 RCW, FORKS and CITY may enter into an
agreement, through their respective legislative bodies, whereby FORKS shall furnish
jail facilities for CITY prisoners upon such terms as may be mutually agreed upon.
2. Chapter 39.34 RCW specifies that cities are responsible for the incarceration of
misdemeanor and gross misdemeanor offenses committed by adults in their
respective jurisdictions, and referred from their respective law enforcement agencies,
whether filed under state law or city ordinance, and must carry out this responsibility
through the use of their own courts, staff, and facilities, or by entering into contracts or
interlocal agreements to provide these services. Such contracts or interlocal
agreements are required to take into account the anticipated costs of services as well
as the anticipated and potential revenues to fund the services, including fines and
fees, criminal justice funding, and state authorized sales tax funding levied for criminal
justice purposes.
3. CITY and FORKS agree that the terms and conditions set forth herein are an
acceptable basis for FORKS providing prisoner jail services to CITY for persons
committing misdemeanor or gross misdemeanor offenses within CITY limits.
AGREEMENTS
1. Availability and Fundinq of Adult Correctional Facilities and Services: FORKS agrees
to house, care for, and provide for the welfare and safekeeping of CITY prisoners
within its facilities. In so doing, FORKS agrees to furnish its facilities and personnel
for the confinement, processing, and related services for CITY prisoners in the same
manner and to the same extent as FORKS furnishes said services for confinement,
processing, and related activities of its own prisoners. FORKS jail facilities shall be
made available and furnished for holding of CITY prisoners serving imposed jail terms,
subject to the conditions herein. Said facilities and services shall meet the
requirements of all applicable state and federal laws.
2. Definition of a CITY Prisoner: The term "CITY prisoner" as used in this Agreement
shall mean a person arrested by CITY police and held and confined in the FORKS
Jail, or otherwise held in detention as provided in this agreement, pursuant to a
violation of a CITY ordinance or a violation of a state law which designates the crime
for which the person is held to be a misdemeanor or gross misdemeanor. The term
.
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"CITY prisoner" shall not include a person arrested for a felony offense by CITY
police, a person arrested on a warrant issued by another jurisdiction or for charges
initiated by a non CITY officer, or a person charged by the prosecutor with a felony or
an attempt to commit a felony even if there is a plea to or conviction of a lessor
offense.
' 3. Prisoner Confinement Daily Fee:
' A. Beginning 1 June 2010, CITY agrees to pay FORKS a daily per inmate fee for the
housing of prisoners in the FORKS Jail. The daily confinement fee shall be
charged per prisoner for each calendar day or portion thereof, excluding the release
day when a prisoner has been confined for more than one day. The base daily rate
shall be $45.00 each on a daily basis, FORKS will house any CITY prisoner who
has a court commitment of 365 days at the special daily rate of $40.00 each day.
B. This rate shall be adjusted annually, based on the Seattle CPI U. The first annual
adjustment will be effective June 1, 2011 and each year thereafter.
C. Prisoner,fees shall be billed by FORKS each month and CITY shall pay said fees
within 30 days of billing. In the event of an error, the next billing after the error was
discovered, it will be adjusted appropriately.
4. Partial Confinement and Alternative Confinement Proqrams: CITY prisoners shall be
considered for FORKS alternative and partial confinement programs on an equal basis
with FORKS prisoners, and subject to the same rules and regulations, as well as potential
sanctions, for program rule violations. Prisoner participation in such programs may be
limited to an operational capacity as identified by FORKS. Alternative and partial
confinement programs shall include, but not be limited to, Work Release and Work Crew.
It is understood by the parties that the term alternative confinement programs shall not
include electronic home monitoring.
The City of Forks Jail, in cooperation with Peninsula Community College, offers a GED
program to those inmates wishing to genuinely earn their GED.
Where offenders pay a fee to FORKS for program participation, such fees shall be
deducted from the confinement daily fee.
Where CITY prisoners are in a FORKS Work Crew assignment, they shall be credited with
five days "good time" for each 30 days that they are assigned to the Work Crew. If the
prisoner is not on a work crew or special program that prisoner is eligible for five days good time
per thirty days served. " Good time" is earned, and not automatically "given", once housed in
Forks.
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. . • �
5. Desiqnated Administrators: The FORKS Police Chief in consultation with the CITY
Police Chief shall administer this agreement. Each administrator or designee may
consult with each other quarterly regarding costs, fees and charges and regarding
changes in policies, practices, or procedures, which may affect the responsibilities of
the other, and will try to resolve disputes befinreen themselves or through their
designated representatives.
6. Medical Costs: Medical costs for emergency or necessary health care for CITY
prisoners shall be the responsibility of CITY. CITY retains the option to contract with
medical providers to provide medical services to CITY prisoners. FORKS will not
transport outside of FORKS city limits for medical appointments, this will be borne by
CITY if such a medical transport is necessary.
FORKS shall notify CITY prior to outside medical care being provided for a CITY
prisoner; provided, however, that when emergency medical care is required in life-
threatening circumstances, the notification may occur as soon as practicable.
No Waiver of Right to Seek Reimbursement. The above paragraphs relating to
medical costs are intended solely to define the obligations befinreen the parties to this
agreement. Nothing contained within the provisions of this agreement shall be
construed to waive the rights of either party to seek reimbursement for costs from the
department of social and health services, or from the prisoner, or any other
responsible third-party.
7. Transportation: Transportation of CITY prisoners to the FORKS jail facilities will be
provided by the FORKS Police Department as needed, but not to exceed one time per
calendar week. FORKS Police Department, will travel to a mutually agreed upon
location for the pick-up. The one-way rate for transportation shall be included in the
daily prisoner rate. Upon release of CITY prisoners, FORKS may transport the
prisoner to the Forks Transit Center. A one-way ticket toward the CITY area may be
issued to the released prisoner. If the prisoner is needed for Court during
incarceration in the FORKS jail, it will be the responsibility of CITY to transport the
prisoner from FORKS jail to Court, and return.
8. Transfer of Custodv: When the CITY law enforcement officers are placing arrested
persons in custody of FORKS, at a designated meet point between the parties or at
the Forks jail, the City officer shall be required to remain in the immediate presence of
the arrested person and shall be considered to have such person in their sole custody
until the FORKS booking officer audibly states that the prisoner is secured; at such
time and only then, will FORKS come into custody of said prisoner.
When custody of a CITY prisoner is transferred to FORKS, the CITY prisoner shall be
subject to all applicable rules, regulations and standards governing operation of the
FORKS jail, including any emergency security rules imposed by the FORKS Chief of
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Police or designee. Any CITY police officer delivering a prisoner to FORKS jail shall
comply with reasonable rules and regulations of the FORKS jail.
9. Release of CITY Prisoner from FORKS Jail: No CITY prisoner confined in the FORKS
jail subject to this agreement shall be released except: (a) when requested by a
member of CITY Police Department; (b) in compliance with orders of the court in
those matters in which the courts have jurisdiction; (c) for appearance in court; (d) for
interviews by CITY police or attorneys; (e) if the prisoner has served his or her
sentence or the charge pending against said prisoner has been dismissed; or (fl as
determined by the FORKS Chief of Police as part of a plan to reduce prisoner
population as a result of facility overcrowding.
10. Record Keepinq:
FORKS agrees to maintain a system of record keeping relative to the booking and
confinement of each CITY prisoner in such style and manner as equivalent to
FORKS's records pertaining to its own prisoners. FORKS shall make available, upon
request, to CITY or its authorized representatives, copies of said records.
11. CITY Access to Prisoners: All CITY police officers, investigators and the prisoner's
legal counsel shall have the right to interview the prisoners at any time inside the
confines of the FORKS jail, subject only to necessary security rules. Interview rooms
will be made available to CITY police officers in equal priority with those of any other
department.
12. Equal Treatment of CITY Prisoners: CITY and FORKS prisoners will be treated
equally for purposes of extradition, transportation, record keeping, and access to
special detention programs. During situations where jail population exceeds
maximum capacity, FORKS retains priority for the housing of FORKS prisoners.
FORKS will notify CITY if prisoner(s) are to be released due to situations where jail
population exceeds maximum capacity and give CITY an opportunity to transport
prisoner to another jail facility. When known, FORKS will notify CITY if the jail
population exceeds maximum capacity prior to the transportation of new prisoners to
the facility pursuant to paragraph 7 above.
13. Hold Harmless Aqreement.
A. FORKS assumes full responsibility for the welfare, safety and safekeeping of ,
all CITY prisoners while in the custody of FORKS. FORKS agrees to hold
harmless, indemnify, and defend CITY its elected officials, officers,
employees and agents from and against any and all suits, actions, claims,
liability, damages, judgments, costs and expenses (including reasonable
attorneys' fees) (also including but not limited to claims related to alleged
� mistreatment, injury, or death to any prisoner, or loss or damage to prisoner
property while in FORKS' custody) which result from or arise out of the
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negligence of FORKS, its elected officials, officers, employees, and agents
in connection with or incidental to the performance or non-performance of
FORKS' services, duties and obligations under this Agreement.
B. The CITY agrees to hold harmless, indemnify, and defend FORKS its
elected officials, o�cers, employees and agents from and against any and
all suits, actions, claims, liability, damages, judgments, costs and expenses
(including reasonable attorneys' fees) (also including but not limited to a
claim of false arrest, unlawful imprisonment and writs of habeas corpus
proceedings) which result from or arise out of the negligence of CITY, its
elected officials, officers, employees, and agents in connection with or
incidental to the perFormance or non-perFormance of CITY's services, duties
and obligations under this Agreement.
C. In the event that the officials, officers, agents, and/or employees of both
FORKS and the CITY are concurrently negligent, each party shall be liable
for its contributory share of negligence for any resulting suits, actions, claims,
liability, damages, judgments, costs and expenses (including reasonable
attorneys' fees).
D. Nothing contained in this section of this Agreement shall be construed to
create a liability or a right of indemnification by any third party.
E. The provisions of this section shall survive the expiration or termination of
this Agreement with respect to any event occurring prior to such expiration or
termination.
14. Duration of Agreement: Subject to the provisions of RCW 39.34.040, this Agreement
shall be effective on 1 June 2010, and said Agreement shall be in effect for a period of
three years. This Agreement will be renegotiated every three years. The Agreement
may be terminated upon written notice by either party with a minimum 90 days notice.
The notice shall state the grounds for the termination and the specific plans for
accommodating the affected jail population (per RCW 70.48.090 as amended).
Pursuant to RCW 39.34.040, each party shall be responsible for recording a copy of
this agreement with their County auditor and/or posting this agreement on the
agency's web-site.
15. Disputes: Disputes relating to the interpretation or administration of this agreement
that cannot be resolved by the representatives designated herein shall be referred to
the FORKS Mayor and CITY Mayor or their designees for settlement.
16. Joint Undertakinq or Separate Entitv: Pursuant to the requirements of RCW
39.34.030(3), the parties specify the following: 1) no new or separate legal or
administrative entity is created by the provisions of this agreement; 2) the parties to
this Agreement are each responsible for their own duties under this agreement; 3) no
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joint financing or budget is required; and 4) and no real or personal property will be
jointly acquired by the parties under this Agreement. All property owned by each of
the parties shall remain its sole property to hold and dispose of in its sole discretion.
17. Non-Deleqation/Non-Assignment: Neither party may delegate the performance of any
contractual obligation, to a third party, unless mutually agreed in writing. Neither party
may assign this agreement without the written consent of the other party.
�
18. Each Agency's officers, agents, nor employees are employees of the individual
Agency for any purpose including responsibility for any federal or state tax, industrial
insurance or Social Security liability. No provision of services under this Agreement
shall give rise to any claim of career service or civil service right, which may accrue to
an employee of the Agency under any applicable law, rule, or regulation.
19. Severabilitv: If any provision of this contract shall be held invalid, the remainder of this
contract shall not be affected thereby if such remainder would then continue to serve
the purposes and objectives of both parties.
- DATED this � day of �u�� 2010. DATED this day of 2010.
, City Of Forks City of Bremerton
, �
Mayor Mayor
���
Chief of Police Chief of Police
APPRO T ORM: APPROVED AS TO FORM:
�
ity tto ne �, City Attorney
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DATE SUBMITTED: 07/20/2010
AGENDA BILL � �
CITY OF BREMERTON �
CITY COUNCIL
.......................................................................................�
SUBJECT: Contract Extension with Bank Committee Meeting Date: August 11, 2010
of America for Primary Banking Services COUNCIL MEETING Date: August 18, 2010
� Department: Financial Services
Presenter: Cathy Johnson
Phone: 473-5296
SUMMARY: The city entered into a three year contract with Bank of America for primary banking
services effective July 1, 2006. The city exercised an optional one year extension per the terms of the
original contract in 2009. The Bank has offered a second one year extension under the same terms
and conditions as the original contract. The Bank has provided excellent service to the City over the
course of the existing contract. Due to reduced resources in the Financial Services Department it is
currently not feasible to advertise a request for proposals. It is the recommendation of Financial
Services that the City enter into a one year contract extension with Bank of America for banking
services as proposed by the bank. �
ATTACHMENTS: Agreement for Banking Services
FISCAL IMPACTS (Include Budgeted Amount): Fee-based contract with funding included in the
FY2010 Financial Services budget.
APPROVALS:
DEPARTMENT DIRECTOR:
� CITY ATTORNEY:
I' FINANCE DIRECTOR:
i
, MAYOR:
i
�
! COMMITTEE CHAIR 1�,, �'_
i
� COUNCIL PRESIDENT: CONSENT AGENDA
�
' GENERAL BUSINESS ❑
PUBLIC HEARING ❑
�
' RECOMMENDED MOTIOI�:
;
; Move to approve the contract extension to Bank of America for primary banking services for a term of
one year and authorize the Mayor to finalize and execute the a�eement with substantially the same
� terms and conditions as presented.
;
!
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� COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
i
!
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CITY OF BREMERTON
Agreement for Banking Services
This Agreement for Government Banking Services (the "AgreemenY')�is made as of this 1 st day
of July, 2010, between City of Bremerton (the "C1ienY') and Bank of America, N.A., a national
banking association.
WHEREAS, the parties wish to enter into this Agreement for the purpose of specifying the term
and constituent documents of the agreement between Client and Bank regarding Banking
Services;
NOW, THEREFORE, in consideration of the foregoing, and other good and valuable
consideration, the parties hereby agree as follows:
l. Inte�rated A�eement. The entire and integrated agreement between Client and Bank
related to the Services shall consist of this Agreement and Bank's Treasury Terms and
Conditions booklet (including user documentation and set-up forms). In the event of
conflict among any of the preceding documents, such documents shall govern in the
following order of precedence: (1) this Agreement, (2) Bank's Treasury Terms and '
Conditions booklet (including user documentation and set-up forms). (3) the Bid Response,
dated May 9, 2006. The integrated agreement supersedes all prior negotiations,
representations, statements and agreements, whether written or oral, regazding the Services.
2. Commencement of Performance. Except as otherwise agreed by the parties, Bank shall
begin performing each Service upon execution and delivery of this Agreement, the pertinent
service-level agreement and the related set-up forms. Bank shall continue to perform such
� Services during the term of this Agreement.
3. Term: This Agreement is for an initial term of one (1) year. The Agreement may be
extended by mutual consent of the parties.
� In witness whereof, the parties have executed this Agreement as of the date first written above.
B B • � �
Y Y �
�
(Signature) (Signature)
� �
Name Patty Lent Name Peter Sullivan
Address 345 6th Street, Suite 600 Address 800 5` Ave, 34` Floor
City, City,
State, Zip Bremerton, WA 98337 State, Zip Seattle, WA 98104
Title Mayor � Title Client Manager
1 of 1 '
DATE SUBMITTED: August 4, 2010 �
AGENDA BILL ; -
CITY OF BREMERTON ' . '�
CITY COUNCIL -�
.......................................................................................�
SUBJECT: Approval of Professional Committee Meeting Date: August 11, 2010
Services Agreement with Cascade Power COUNCIL MEETING Date: August 18, 2010
Group, LLC to develop a Resource Department: PW&U Engineering
Conservation Management Program. Presenter: Michael Mecham
Phone: 473-5288
SUMMARY: Three qualified firms listed on the MSRC consultant roster were selected to interview
to perform Resource Conservation Management services. Based on experience with similar projects,
Cascade Power Group, LLC was selected as the most qualified firm to provide the Resource
Conservation Management services.
ATTACHMENTS: 1.) Council Summary; 2.) Professional Services Agreement
FISCAL IMPACTS (Include Budgeted Amount): The cost for the Resource Conservation
Management Services will be $90,000 per year. Tota1 grant funding is $71,000 for the l yeaz and
$46,000 for the 2 year. Based on the Interlocal Agreement the City of Bremerton will be responsible
for 60% of the remaining balance. This balance will be paid out of the general water, wastewater and
stormwater utility funds.
APPROVALS:
DEPARTMENT DIRECTOR: � „�, .—.---
CITY ATTORNEY: /
FINANCE DIRECTOR: �
MAYOR:
COMMITTEE CH R � �
COUNCIL PRESID T: _� CONSENT AGENDA,'
- .
'` GENERAL BUSINESS'�
PUBLIC HEARING ❑
RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Cascade
Power Group, LLC for the Resource Conservation Management Program and authorize the Mayor to
finalize and execute the agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Council Summary �
Professional Services Agreement with Cascade Power Group to provide
Resource Conservation Management Services
Summarv
On March of 2010, the City of Bremerton, Port of Bremerton, City of Poulsbo and City
of Bainbridge Island entered into an Interlocal Agreement to pursue a Washington State
Department of Commerce and Puget Sound Energy grant to .start a Resource
Conservation Management Program. The parties to the Interlocal Agreement were
awarded a Department of Commerce Grant in April 2010 and a Puget Sound Energy
Grant in June 2010.
Three qualified firms listed on the MSRC consultant roster were selected to interview to
perform Resource Conservation Management services. The three firms were Cascade
Power Group, MacDonald-Miller and McKinstry. Based on their experience with similar
projects, Cascade Power Group, LLC was selected as the most qualified firm to provide
the Resource Conservation Management services.
�
Fiscal Summarv
The cost for the Resource Conservation Management Services will be $90,000 per year.
Tota1 grant funding is $71,000 for the l year and $46,000 for the 2" yeaz. Based on the
Interlocal Agreement the City of Bremerton will be responsible for 60% of the remaining
balance. This balance will be paid out of the general water, wastewater and stormwater
utility funds. -�
Council Summary
Resource Conservatron Management Services
August 2010
)
PROFESSIONAL SERVICES AGREEMENT
[RESOURCE CONSERVATION MANAGEMENT PROGRAM
The City of Bremerton ("City") and Cascade Power Group, LLC ("Consultant"), referred
to collectively as the "Parties," enter into the following Agreement for professional services:
I. Scope: The Consultant agrees to perform the services more specifically described in the
Cascade Power Group Professional Services attached hereto as Exhibit A, which is incorporated
by reference herein. The Scope of Work as described in Exhibit A Section 1 may be modified
only pursuant to Section VII.G. of this Agreement. If the Scope of Work provides for
unspecified additional services, such services shall only be performed upon the express written
request of the City. Consultant further represents that the services furnished under this
Agreement will be performed in accordance with generally accepted professional practices in
effect at the time such services aze performed.
II. Term: The City and the Consultant agree that work will begin on the tasks described in
Exhibit A immediately upon execution of this Agreement. The parties agree that the work
described in Exhibit A is to be completed as provided for in the work schedule attached hereto as
Exhibit A Section 2; provided however, that additional time shall be granted by the City for
excusable delays or extra work as provided for in section IX (A) of this agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City sha11 pay Consultant in an amount not to exceed $90,000 per yeaz. Consultant's charges and
bills shall conform to the fee schedule attached hereto as Exhibit A Section 3 and incorporated
herein by this reference.
The Consultant shall submit regular billing statements detailing work performed and
amount completed on each task or portion thereof. The descriptions shall conform to and fa11
within the categories set out in Exhibit A Section 1 and Exhibit A Section 2. Upon receipt of a
conforming billing statement, the City sha11 promptly process payment. PROVIDED,
HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay
work tasks under the time frame set forth in Section II herein. The Consultant's billing fees shall
be paid on a monthly pro-rata share basis assuming completion of services identified in Exhibit
A Section 1 and Exhibit A Section 2.
Consultant shall not perform work beyond the Scope of Work identified in this
agreement, nor shall they be compensated for such work, unless the Scope of Work or amount of
compensation is modified pursuant to this Agreement. Consultant shall only be compensated for
additional services if requested pursuant to Section I herein,
If a billing statement does not conform to this Agreement, the City may withhold
payment until the statement is brought into compliance. Such withholding does not relieve
Consultant of its obligations under this Agreement.
Bremerton/Cascade Power Groun
Resource Conservation Mana�ement Pro�
Page 1 of 6
IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Work and is performing independent functions and responsibilities within its
field of expertise. Consultant and its personnel aze independent Consultants and not employees
of the City. Consultant and its personnel have no authority to bind the City or to control the
City's employees and other Consultants. None of the benefits provided by the City to its
employees, including, but not limited to, compensation, insurance, and unemployment insurance
are available from the City to the employees, agents, representatives, or sub-Consultants of the
Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of
Consultant's agents, employees, representatives and sub-Consultants during the performance of
this Agreement. The City may, during the term of this Agreement, engage other independent
Consultants to perform the same or similaz work.
As an independent Consultant, Consultant is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but aze not limited to State industrial insurance, Business & Occupation, State
professional licensing, and City business licensing. If any taxes or fees due the City have been
declared delinquent, the City may withhold the delinquent amount, plus any additional charges
arising from the delinquency, from any payments due Consultant.
V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement, except for that portion of the injuries and damages caused by the
City's sole negligence.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND E�PRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S
WANER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY
FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
Bremerton/Cascade Power Groun
Resource Conservation Management Program
Page 2 of 6
VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, employees, sub-consultants or sub-Consultants.
Before beginning work on the project described in this Agreement, the Consultant shall
provide a Certificate of Insurance evidencing:
1. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single
limit per accident for bodily injury and property damage; and
, 2. Commercial General Liabilitv insurance written on an occurrence basis with limits no
less than $1,000,000 combined single limit per occurrence and general aggregate for
personal injury, bodily injury and property damage. Coverage shall include but not be
limited to: blanket contractual; products/completed operations/broad form property
damage; explosion, collapse and underground (XCU) if applicable; and employer's
� liability; and
3. Ezcess Liabilitv insurance with limits not less than 1,000,000 limit per occurrence and
aggregate.
4. Professional Liabilitv insurance with limits no less than $1,000,000 limit per
occurrence/claim.
Any payment of deductible or self insured retention shall be the sole responsibility of the
Consultant.
� � �
All required policies shall be provided on an"occurrence" basis except professional
liability insurance (if required), which may be provided on a"claims-made" basis.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
attached to the Certificate of Irisurance. The City reserves the right to receive a certified copy of
a11 the required insurance policies and endorsements. The City further reserves the right to reject
any unacceptable policies and/or endorsements.
The Consultant's Commercial General Liability insurance sha11 contain a clause stating
that coverage shall apply separately to each insured against whom claim is made or suit is
brought, except with respects to the limits of the insurer's liability.
' The Consultant's insurance shall be primary insurance as respects the City and the City
shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of
any cancellation, suspension or material change in coverage.
The City also reserves its unqualified right to require at any time and for any reason,
proof of coverage in the form of a duplicate of the insurance policy with all endorsements as
evidence of coverage.
Bremerton/ Power Groun
Resource Conservation Management Progg�ram
Page 3 of 6
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and
documents shall be furnished in the time and form requested. Consultant shall maintain
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate all billed amounts.
B. Ownership and Use of Records and Documents• Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement aze the
property of the City. All written information submitted by the City to the Consultant in
connection with the services performed by the Consultant under this Agreement will be
safeguarded by the Consultant to at least the same extent as the Consultant safeguards like
information relating to its own business. If such information is publicly available or is already in
Consultant's possession or known to it, or is rightfully obtained by the Consultant from third
parties, Consultant sha11 beaz no responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in Seattle, Washington. Consultant shall make such data, documents, and
files available to the City upon its request at a11 reasonable times for the purpose of editing,
modifying and updating as necessary until such time as the City is capable of storing such
information in the City's offices. Duplicate copies of this information shall be provided to the
City upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer softwaze or other
items prepazed or furnished by Consultant pursuant to this Agreement, aze instruments of service
with respect to the project and are the property of the City. Any reuse by the City for other than
the specific purpose intended will be at City's sole risk.
C. Work Performed at Consultant's Risk: Consultant shall take a11 precautions necessary
and shall be responsible for the safety of its employees, agents, and sub-consultants in the
performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss
of or damage to materials, tools, or other articles used or held for use in connection with the
work.
D. Place of Work: The Consultant shall perform the work authorized under this
Agreement at its offices in Seattle, Washington or at the office provide by the City of Bremerton.
Meetings required to complete work identified in Exhibit A shall take place at the City's offices,
or at locations mutually agreed upon by the parties.
E. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text of this Agreement.
Bremerton/Cascade Power Groun
Resource Conservation Management Pro ram
Page 4 of 6
,
F. Severabilitv: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
G. Modification: This Agreement may only be modified by written instrument signed by
both Parties. �
H. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1 st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
City Address Consultant Address �
Paul Wandling, P.E. Cascade Power Group, LLC
3027 Olympus Drive � 918 South Horton Street
Bremerton, WA 98310 Suite 817
,
Seattle, WA 98134
I. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement sha11 not be
deemed waiver of any other right or power.
J. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein confened in
one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
K. Compliance with Laws: Consultant shall comply with a11 applicable Federal, State,
and local laws in performing its obligations under this Agreement. "
L. Choice of Law and Venue: T'his Agreement shall be interpreted according to the laws
of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement
sha11 be brought in Kitsap County Superior Court.
M. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney's fees.
N.' Assi�nment: Any assignment of this agreement by the Contractor without the written
consent of the City shall be void.
VIII. Nondiscrimination: Consultant sha11 not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or
sexual orientation except for employment actions based on bona fide occupational qualification.
IX. Termination: This Agreement shall remain in force until completion and acceptance of
�� the services, terminated by written instrument upon mutual consent, or by the City of Bremerton
Bremerton/ Power Groun
Resource Conservation Mana�ement Pro r�am.
Page 5 of 6
i
�i
for convenience. This Agreement may be immediately terminated for cause by a Party if the
other Pazty substantially fails to perform through no fault of the terminating Party, and the non-
performing Party does not commence correction of the failure of performance within thirty (30)
days of the terminating Party's sending notice to the non-performing Party. Any Notice by
Consultant shall include a report showing the status of all items listed in the Scope of Work
current through the termination date.
If the City receives reimbursement by any federal, state, or other source for work described in
Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is
cancelled or substantially reduced after the execution date of this Agreement and prior to the
completion of the work, the City may summarily terminate this Agreement.
A. Excusable Dela,� T'he right of Consultant to proceed shall not be terminated nor shall
Consultant be charged with liquidated damages for any delays in the completion of the work due
to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials,
equipment, tools, or labor by reason of waz, national defense, or other national emergency; 2)
any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes
not reasonably foreseeable by the parties at the time of the execution of the Agreement that aze
beyond the control and without the fault or negligence of the Consultant, including, but not
restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED,
HOWEVER, that the Consultant must promptly notify the City within ten (10) calendaz days in
writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement,
the delay is properly excusable, the City shall, in writing, extend the time for completing the
work for a period of time commensurate with the period of excusable delay.
B. Ri�hts Upon Ternunation: In the event of termination, the City shall pay for a11
services performed by the Consultant to the effective date of termination, as described on a final
invoice submitted to the City. After termination, the City may take possession of a11 records and
data. within the Consultant's possession pertaining to this project which may be used by the City
without restriction. Any such use not related to the project which Consultant was contracted to
perform shall be without liability or legal exposure to the Consultant.
CITY OF BREMERTON CONSULTANT
Cascade Power Group
By: By .
�ts: �ts:
Date: Date:
Approved as to form: Attest:
Bremerton City Attomey City Clerk
R:U.EGAL\Contracts\FORMS1Professional Services Agreement Form (2003).doc
Bremerton/Cascade Power Groun
Resource Conservation Management Prog.�
Page 6 of 6
f `� �"
C.,�:�„� P,,,,•�x GR„� � ,
� Exhibit A
Professional Services
The general purpose and objective of this exhibit is to establish the contractual terms and conditions
allowing the City of Bremerton, Port of Bremerton, City of Poulsbo, and the City of Bainbridge Island to
employ the services of the Consultant as required during the effective dates of the contract for the `
purpose of providing consulting and project management services.
Section i - Scope:
A. In order to accomplish the conditions of this Agreement, the Consuitant shall provide all
necessary professional services to the multi-agency partnership between the City of Bremerton,
Port of Bremerton, City of Poulsbo, and City of Bainbridge Island, herein referred to as
`Agencies', with due diligence, to perform the following specific duties within the specified time
period for each agency: �
• City of Bremerton > 60% (2 days or 16 hours per week) �
• City of Bainbridge Island > 20% (1.5 day or 12 hours per week)
• Port of eremerton > 10% (3/4 day or 6 hours per week)
• City of Poulsbo > 10% (3/4 day or 6 hours per week)
**Figures based on one FTE- 40hrs per week
1. Hire and train on-site Resource Conservation Manager and provide on-going training
through the duration of the RCM program.
a. RCM will be stationed primarily at the City of Bremerton and will travel to the Port
of Bremerton, City of Poulsbo, and City of Bainbridge Island to conduct field work
and meetings.
2. Meet all ARRA requirements.
3. Setup Agencies' utility management database / software.
4. Analyze Agencies' utility costs and develop Agency-wide cost-reduction plans.
Cascade Power Group — Professional Services
City of Bremerton, City of Poulsbo, City of Bainbridge Island, and Port of Bremerton
Multi-Agency Shared RCM Program
�" ��
C �SL'A(1[ C 11�\ YY GR�l1 �
� 5. Conduct site audits of each facility. ,
6. Develop recommendations to reduce utility costs at each site.
a. Primarily behavioral-oriented tasks for low-cost/no-cost savings in addition to
recommended capital projects.
7. Assist with budget forecasting and notify Agencies of utility rate changes.
8. Help to implement behavioral progrems and capital improvement projects.
9. Facility audits reports for each facility.
a. Including water/sewer/trash reduction measures
10. Provide �nal documents to the appropriate Agencies for projects.
11. Communications of program status via monthly emails.
12. Annual Facility Action Plan — Resource implementation guide for all agencies.
a. Including water/sewer/trash reduction measures
13. Provide reports and updates as needed to the appropriate Agency administration and staff.
a. Summaries of all program activities
14. Estimated energy and water savings potential (based on total utility cost of $3,857,216):
a. Yr 1- $ 55,166
b. Yr 2 - $199,093
c. Yr 3 - $315,657
Additionally, the RCM program will provide WSU and PSE (Partners) with the following
requirements:
1. Training for resource accounting software.
2. Communications of program status via monthly emails.
3. Resource implementation guide for all partners.
4. Summaries of all program activities.
5. Participation in RCM conference calls/workshops scheduled by WSU and PSE.
Cascade Power Group — Professional Services
City of Bremerton, City of Poulsbo, City of Bainbridge Island, and Port of Bremerton
Multi-Agency Shared RCM Program
\ ��� .� �
C.\�,:1f,t P,1\\ tR GR,)l �
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B. Responsibilities of each Agency:
1. Designate a point of contact.
2. 'Provide reasonable access to its facilities to the on-site RCM specialist, as needed to
perform the tasks outlined in the contract.
City of Bremerton:
�
3. Provide payment to Cascade Power Group, LLC as described herein or incorporated by
reference.
4. Provide a workspace, computer with internet access, printer, customer email address
and telephone to on-site RCM specialist.
i ,
,_ �
Cascade Power Group — Professional Services
City of Bremerton, City of Poulsbo, City of Bainbridge Island, and Port of Bremerton
, Multi-Agency Shared RCM Program
:> " �r ,
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C A{a:,�1�LYl)\\'Y0.GR�ti P
Section 2 - Term:
C. This section of the exhibit functions to specify the timeline and deliverables listed under the
'scope'of the RCM program for the purposes of project tracking. Deliverables will be sent to the
City point of contact and the respected Agencies or Partners in the form stated herein.
Program timeline:
Hire/Train Utility data Utility data Site Audit Staff RCM
RCM setu anal sis audits re orttn Action Re ort meetin s u
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Cascade Power Group — Professional Services
City of Bremerton, City of Poulsbo, City of Bainbridge Island, and Port of Bremerton
Multi-Agency Shared RCM Program
.
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C AtCAfIC Pl1WYR V0.�ll P
Program Deliverabies:
r "' � ' a�f�' ,�*'.+� � � �"'i �-,^:�^ iz:e ;_c;•. .s• r r v'Y,`- �o,<j.r y. •-f x., �w4, r . :4 h 8l "'%a 1e' w '.
�T'asl�.' °�. :-:� �� ��;��`�,°�� ; ,Descr.i ti'� n�� �5�°;��;��::���� �� , �, ,�'� � p �"� �� ti k ���� �e �� ��` � � �,
_ .� � ,. � ,,. o_. ".,�;�..�>�,,�:,.,n�_.�.�:��.����������'��.;7- eixe.r,abte�+��:��r�:;w�� �3�������
, Signed appointment between RCM
Hire RCM One FT RCM placed at City of Bremerton and Cascade Power Group
Initial training conducted by RCM Signed certificate between RCM and
Train RCM Program Director Cascade Power Group
Utility data setup Utility manager database creation Copy of database (UMDB File}
Findings Report with recommended
Utility data analysis Scrubbing line items for discrepancies actions
Completed walk-through checklists
Site Audits Physical walk through of facilities verified by Program Director
Reporting the resuits of individual site �
Audit Reporting audits Facility Audit Reports
Reporting the results of cumulative site
audits and producing a City and Port-
Action Reports Wide action plan Annual Facility Action Report
Physical reporting to Cities and Port at Emailed meeting notes including
Staff Meetings their respected territories. attendees
Reporting the status of the RCM
RCM Updates Program to all Agencies via email Emailed report
Cascade Power Group — Professional Services �,
City of Bremerton, City of Poulsbo, City of Bainbridge Island, and Port of Bremerton
Multi-Agency Shared RCM Program �
� .R
6i
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C \CC,\I�C r�l\\'I.p VQ�II'►
Section 3 - Compensation:
Program costs not to exceed $ 90,OOOUSD each year based on Memorandum of Understanding
(MOU) requirement with Puget Sound Energy (3-years) and grant agreement with Washington State
University (2-years).
Itemization of costs:
• Project Director: $15,000
o Oversight, correspondence, management of timeline and tasks
• RCM: $65,000
o Site audit reports, action plan and annual pian, on-site personnel
• Project support: $10,000
o Reporting, analysis support, software/data entry, administrative
Cascade Power Group will bill the City of Bremerton monthly in accordance with the costs
outlined herein. The method used to calculate invoicing is; the itemization of costs divided
�venly throughout 12 months and billed monthly. Consideration for payment is the deliverables
outlined in section 2 that are met:
� a.) Within program timelines
b.) Prior to the invoice date.
Upon receipt of the considerations, the City will provide payment to Cascade Power Group, LLC
within 30 days of receipt of invoice.
Cascade Power Group — Professional Services
City of Bremerton, City of Poulsbo, City of Bainbridge Island, and Port of Bremerton
Multi-Agency Shared RCM Program '
Page 1 of 2
Lori Smith
From: Lori Smith on behalf of City Council
Sent: Friday, August 13, 2010 1:37 PM
To: City Council
Subject: FW: Response to Citizen - PSA with Cascade Power Group (John Hayes Larson)
RE: The Au�ust 18 Council Packet, Item 5-J on the Consent A�enda
The foltowing reply was provided by City Engineer Mike Mecham in response to the questions asked by
Mr. John Hayes Larson in the e-mail below...
Thanks, Lori
From: Mike Mecham
Sent: Friday, August 13, 2010 12:01 PM
To: 'johnl@seanet.com'
Cc: City Council
Subject: RCM Contract for energy savings.
Most of the facilities that will be analyzed for energy savings will be utility facilities (wastewater, water and
storm water). In comparison most of the facilities and energy use are related to the utilities. There are
just a very few general fund facilities in comparison to the utility facilities that we will be analyzing. We
have a small amount of general funds available in 2010 and will budget funds for additional use in general
fund facilities in 2011 and 2012.
From: greg wheeler [mailto:electgegwheeler@gmail.com]
Sent: Thursday, August 12, 2010 7:59 PM
� To: johnhl@seanet.com
Cc: City Council
Subject: Re: City's Professional Services Agreement w/ Cascade Power Group funding so...
John,
The service agreement identifies energy and water as the resources we will realize
substantial savings on. Mr. Mecham spoke briefly to this at our study session yesterday. I am
not sure yet what percentage is devoted only to water, wastewater and stormwater conservation.
I will forward this E-mail to the city for more specific answers.
Lori,
Please forward this E-mail to Mike Mecham for action. Thank you Lori/Mike in advance
for your help.
Sincerely,
Greg Wheeler
Bremerton City Council
District 5
On Thu, Aug 12, 2010 at 3:43 PM, <Gregandsunn�,ao�com> wrote:
---------- Forwarded message ----------
From: "John Hayes Larson" < johnhl cr,seanet.com
To: "Greg Wheeler" <Gregandsunny c�,aol.com>
Date: Thu, 12 Aug 2010 11:21:57 -0700
Subject: City's Professional Services Agreement w/ Cascade Power Group funding source
8/13/2010
Page 2 of 2
Greg,
I was looking through the City Council's Agenda package for the 8/11 meeting and have a question regarding
the Professional Services Agreement w/ Cascade Power Group to develop a Resource Conservation
Management Program. I see that the City is responsible for 60% of the balance after the grant funding is used
up and that this would be paid out of the general water, wastewater and stormwater utility funds. Does the work
done under the contract apply only to looking at the water, wastewater and stormwater functions of the City or
does it also look at other City functions/facilities? If it does look at other City functions/facilities, why are only
the utility rate payers footing the entire (the 60%) bill?
Thanks, .
jhl
John Hayes Larson
johnhl(a�seanet.com
',
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+ 8/13/2010
�
DATE SUBMITTED: July 21, 2010
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
...... .. . .............................. .... .... ..... ...... ........... . ..
l�� f u.�ol i G N es�r` �u�,5 2nc� P�.b t� c��ea �= � �c.S-�- �,�o �
SUBJE : Ordinance No.�su?�lusing Committee Meeting Date: uly 28, 2010
and transferring Park Property to Right of COUNCIL MEETING Date: August 4, 2010
Way for 11�' Street & Warren Avenue Department: PW&U/Parks and Rec.
Intersection Improvements. Presenter: Mecham/Birkenthal
Phone: 5315/5752
SUMMARY: With the 11` and Warren Avenue Intersection Improvements, the City will require
additional property for the roadway. The Parks Board was consulted and issued an advisory report in
March 2006 recommending the Parks property located at 11 `� & Warren be surplused in accordance
with BMC 13.12.030 with a portion transferred to right-of-way and the remainder sold. City Council
authorized the sale of the former tennis courts portion of the property and deferred transfer of the
remnant portion of the property until further review was complete. The projects right-of-way plan
was approved by Washington State Department of Transportation in Mazch and the City is now
acquiring additional property needed for the improvements which includes completing this transfer.
ATTACHMENTS: 1. Ordinance; 2. Council Summary; 3. Exhibit Map
Ad�ed in-�•••
FISCAL IMPACTS� The Parks Department will receive compensation of $33,835. Funds are available in the
project budget to compensate the Parks Department.
APPROVALS: �
DEPARTMENT DIRECTOR: �--� �o,%
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
f-
J ` �
COMMITTEE CHAIR � ' � �,Dvl�
COUNCIL PRESIDENT: � CONSENT AGENDA ❑
GENERAL BUSINESS ❑
PUBLIC HEARING
RECOMMENDED MOTION:
�t}u9usf- ��, �o i o ;
Move to pass Ordinance No.�j surplusing Pazks property located at 11 ` & Warren in accordance
with BMC 13.12.030�� transferring the property to right-of-way� u�i�-h. �r�p�eec� 5 - �'rorn `�he �+.If �o
go � �-h�.��ar'�5 Develv�rr►eri� �u�`v,{.,
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
COUNCIL SUMMARY
PROPERTY TRANSFER FROM PARKS TO RIGHT OF WAY
11 AND WARREN AVENUE INTERSECTION IMPROVEMENTS
Summarv ,
The right of way (ROW) for the intersection was originally dedicated with the Plat of
Warren Smith's Acre Tracts when it was recorded in July of 1901. Both streets are
shown on the plat with 30 foot ROW. Additional dedications were received by the City
in the 20's and 30's to expand Warren Avenue to its current 60 foot width. The City
acquired a portion of the former tennis courts and community center property in January
1932 from the Dietz Building Company.
Warren Avenue was improved to four lanes with construction of the Warren Avenue
Bridge in the eazly 60's and remained in this lane configuration until 1989 when the
shortened southbound right turn was constructed. This right hand lane and adjacent
sidewalk were constructed on the City property.
The City of Bremerton is now planning to extend the southbound right hand turn lane and
include additional amenities such as an 8-foot wide sidewalk, bike lane, landscaping and
new signal installation. With these improvements, the City will require additional
property for the roadway. The Parks Board was previously consulted and in March of
2006 issued an advisory report recommending the property be stricken from the Parks list
due to its diminished use as a pazk and recreation property. City Council passed
Resolution No. 2993 in June of 2006 authorizing the sale of the former tennis courts
portion of the property and deferred transfer of the portion for the roadway until further
review was completed. The project and right of way plan received approval from the
Washington State Department of Transportation (WSDOT) in March of this yeaz and
City staff have begun acquiring additional property needed for the improvements and
now needs to complete this transfer.
Council Summary
July 2010
ORDINANCE NO. S ��
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, relating to the surplusing and transfer of
Parks property located at the northwest corner of 11�' Street and
Warren Avenue to City right-of-way for the roadway
improvements.
WHEREAS, the Parks Board recommended surplusing Parks property located at
the northwest corner of 11�' Street and Warren Avenue in March of 2006; and
WHEREAS, the City Council previously approved selling a portion of the
property with Resolution No. 2993 in June of 2006, but deferred transfer of the remainder of the
property until further review of the project was completed; and
WHEREAS, review of the right-of-way plans and environmental consideration
where completed and approved by the Washington State Department of Transportation
(WSDOT) in March of 2010; and
WHEREAS, the City now requires the transfer of the remnant parcel to be
completed as part of the right-of-way acquisitions required for the project; and
WHEREAS, the City Council has determined that it is in the best interest of the
public to proceed with the intersection improvements; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are incorporated as if fully set forth herein.
SECTION 2. That portion of the Park property, as described in Exhibit A, which
is attached and incorporated herein by this reference, is hereby surplused and transferred to the
street system for right-of-way.
SECTION 3. Easements previously recorded against the property being
surplused and dedicated to right-of-way herein aze hereby extinguished as the property is now
classified as Type I right-of-way.
SECTION 4. Severabilitu If any one or more section, subsections, or sentences
of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the
1 11 ` 8c Warren Park
PropertyTransfer to ROW
validity of the remaining portion of this ordinance and the same shall remain in full force and
effect. �
SECTION S. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the day of , 2010.
Nick Wofford, Council President
Approved this day of , 2010.
PATTY LENT, Mayor
ATTEST: APPROVED AS TO FORM:
CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of , 2010.
EFFECTIVE the day of , 2010.
ORDINANCE NO.
R:\Legal\Legal\Ordinances\Public Works & Utilities\Transfer of 11`� & Warren Pazk Property to ROW.doc
2 11 ` & Warren Park
PropertyTransfer to ROW
EXHIBIT A
A portion of Lot 1 of Traet 8, of the Piat of Warren Smith's Acre Tracts, as
recorded in Volume 2 of the book of plats, Page 51, records of Kitsap County,
Washington, situate in the southwest quarter of the southeast quarter of the
northeast quarter of Section 14, T. 24 N., R. 1 E., Willamette Meridian, K'itsap
County, Washington, more particula�ly described as follows:
Beginning at the east quarter comer of said Section 14 and an existing monument .
in case, thence along the south line of said northeast quarter of Section 14, N
88°25'05" W 665.47 feet to the southeast comer of said southwest quarter of the
southeast quarter of the northeast quarter, also being an existing monument in
case; thence N 21 °21'22° W 206.45 feet to the southerly right of way of 12�'
Street, also being the True Point of Beginning; thence teaving said southerly right
of way, S20°30'58"VV 106.87 feet; thence S1 °01'26"W 21.46 feet to the northerly
right of way of 11"' Street; thence along said northerly right of way, S88°58'34"E
46.56 feet; thence N89°20'02"E 36.73 feet to the intersec�ion with the westerly
right of way of Warren Avenue; thence along said westerly right of way,
N01 °33'06"E 120.42 feet to the intersection with the said southerly right of way of
12"' Street; thence westerly along said southerly right af way to the True Point of
Beginning.
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' July 21, 2010
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After reviewing and discy�ssing the City of Bremerton's proposal to utilize a portion of
the property located at 11�9 Warren Avenue, commonly known as Warren Tennis Courts
and Community Center, �qr right-of-way improvements and to sell the remainder of that
property for development�=the Parks and Recreation Commission hereby advises the
Mayor of the City of Bre�erton and the Bremerton City Councit that it supports the .
proposed action for the f lowing reasons: ,
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� 1. The pmperty is curreri�ly urtderutiliZed due to its location at a very busy intersection
and its tack of pazking fac}lities. It has minimal usage and provides little direct value to
the pazks system. Funds spent on maintaining underutitized facilities would be better
apptied to maintenance and improvement of actively used parks. �
2. Planned right-of-way improvements, to inctude sidewalk, a sepazate bike lane, and a
streetscape, are impartant for citizen safety. They will necessitate demolition of the
building tocated on the prpperty at 1109 Warren Avenue.
3. The total proceeds fror� the sale of the remaining property not used for the right-of-
way, will be direct capitat� used to enhance other parks and recreational facilities only, �
:
. This action is taken today��o comply with the requirements of Bremerton Municipal Code
' section 13.12.t�30�a) and s�hall constitute Che Bremeitan Parks Commission's a�lvisory
report to the Mayor of Bremerton and to the Bremerton City Council.
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ougla� Groneman, Chair Date
Parks� and Recreation Commission
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COUNCIL EXHIBIT
FOR
TRANSFER OF PARK PROPERTY
TO ROW
11 TH AND WARREN INTERSECTION
Page 1 of 1
Lori Smith
From: Lori Smith on behalf of City Council
Sent: Monday, August 09, 2010 9:40 AM
To: City Council
Subject: FW: Citizen Comment - Opposed to Transfer of Park Property (Mike Shepherd, former Council Member)
FYI... �
From: Michael Shepherd [mailto:whitewaterid@live.com]
Sent: Monday, August 09, 2010 9:36 AM
To: City Council; Craig Rogers; Elaine Valencia; Lori Smith; Patty Lent; Wyn Birkenthal
Subject: Park Protection vs. more cars cutting through Bremerton
I do not believe there is any long term value for the citizens of Bremerton resulting from the conversion
of the Park Property at 11th and Warren for the following reasons:
1. This portion (lane extension) project is not necessary to improve safety which was the only
justification for the project. According to Public Works and Police data the reason for the increase in
pavement is to reduce accidents at the intersection. At the time the accident data was presented the law
allowed cell phone use which is no longer allowed. Citizen's living at the site and local accident observers
reported that almost all the accidents in this lane were a result of cell phone use or inattention to the
light. Since the law has changed accidents have decreased dramatically and there is no longer a safety
rationale for the increased pavement and traffic this project will create.
2. The reason for increased traffic at this lane is that population increases in the Central Kitsap area and
reduction in mass transit access to Olympic College have increased traffic which destroys the quality of
life in Bremerton. Increasing pavement for cars only creates more noise, more dirt, less pedestrians, less
bicycles and fewer homeowners along the roads which have these high volume, high speed commuter
routes.
3. This project did not complete a valid environmental impact which should have included traffic noise,
stormwater and air pollution. �
�-: 4. This lane extension increases the distance that traffic backs up for the.intersection and will lead to a
new consideration of Warren Ave bridge widening because of the incremental expansion of Warren Ave.
5. Conversion of Park Property should only be considered as a last resort or to improve Parks function.
We sold the underused tennis court so that we could improve parks elsewhere. Did this money go to the
intended purpose? Will the sale of this property improve the Parks program?
6. I believe the study performed by Kitsap Transit indicates that there are alternatives to increasing car
traffic in Bremerton and these should be implemented instead of this State and Public Works jobs
program.
Mike Shepherd
1512 9th Street
Bremerton, WA
8/9/2010
Page 1 of 1
Lori Smith
From: Lori Smith on behalf of City Council
Sent: Monday, August 09, 2010 1:12 PM
To: City Council
Subject: FW: FW: Reply by Council Member Runyon to Citizen Comment - Opposed to Transfer of Park Property (Mike
Shepherd, former Council Member)
FYI...
From: Roy Runyon [mailto:d4bremerton@yahoo.com]
Sent: Monday, August 09, 2010 1:10 PM
To: whitewaterid@live.com
Cc: City Council; Patly Lent
Subject: Re: FW: Citizen Comment - Opposed to Transfer of Park Property (Mike Shepherd, former
Council Member)
Mr. Shepherd,
Thanks for providing the Council with your concerns over the City's proposal to transfer park
property to extend a turn lane on Warren Ave. at l lth St.
The question of traffic light synchronization to maximize use of existing pavement was raised. �
Public Works staff noted that the traffic lights along Warren Ave. have NOT been synchronized.
This despite the fact that synchronization has been employed in Seattle and a number of other
cities to help relieve congestion and reduce travel times.
Along with traffic light synchronization, existing streets along the west side of southbound
Warren Ave. from 16th St. to l lth St. could serve to relieve congestion by diverting some traffic
before reaching the Warren Ave./l lth St. intersection. Additional signage could divert
westbound vehicles onto westbound 13th St. for instance. This diverted traffic can then make its
way to westbound 11 th via Chester, Lincoln or Ohio.
No mention of Traffic Demand Management (TDM) and it's potential for reducing congestion at
the Warren/1 lth intersection was made during either the study session or the first public hearing.
A question about the use of pervious pavement came up. PW staff stated that pervious pavement
' could handle the traffic volumes and vehicle weights experienced at the intersection. PW staff
'�
explained that soil samples suggest the viability of pervious pavement for the lane extension.
�' At the time of the first of two public hearings, PW could not answer the question of re-
' numeration to the Parks & Rec. Dept. for the transfer of the property for the purpose of the lane
! extension.
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� Best Regards,
�'
i Roy Runyon
'� Council Member, District 4
� Bremerton City Council
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' 8/9/2010
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Page 1 of 1
Lori Smith
From: Lori Smith on behalf of City Council
Sent: Tuesday, August 10, 2010 10:20 AM
To: City Council
Subject: FW: FW: Reply by Council Member Wheeler to Citizen Comment - Opposed to Transfer of Park Property (Mike
Shepherd, former Council Member)
FYI...
From: greg wheeler [mailto:electgregwheeler@gmail.com]
Sent: Monday, August 09, 2010 6:59 PM
To: City Council
Cc: whitewaterid@live.com
Subject: Re: FW: Citizen Comment - Opposed to Transfer of Park Property (Mike Shepherd, former
Council Member)
Mike,
I just researched the Comprehensive plan and found the Warren/l lth intersection listed under
the "Existing Deficiencies" portion of the transportation section. This same intersection is also
identified in Bremerton's "Capital Improvements Plan 2009 through 2014" as needing
improvements. Earlier this year the City Council approved funding to increase safety at four
sidewalk locations on 11 th St. starting with the 11 th and Warren intersection. If traffic flow
increases on l lth (I assume it will) this will mitigate pedestrian safety problems associated with
increased traffic due to an enhanced turn lane (if the 9 to 0 vote is achieved). Looking at the
plan, Warren will be a transportation corridor. Improving access to 1 lth St. may relieve pressure
on 6th St. That Street is designated eventually as a two lane road with a center lane median.
Road diets is the term I see used in the plan.
I am in agreement about money from the sale being used for Parks Department purposes
only. I will look for assurances that this will happen.
Sincerely,
Greg Wheeler
Bremerton City Council
District 5
PS: Mike, very nice to hear from you. Please give my regards to Susan and don't hesitate to call
me. �
Greg [Cell number was removed for this forward]
8/10/2010
Page 1 of 1
Lori Smith
From: Lori Smith on behalf of City Council
Sent: Tuesday, August 10, 2010 10:46 AM
To: City Council
Subject: FW: Response to Replies - Opposed to Transfer of Park Property (Mike Shepherd, former Council Member)
FYI...
From: Michael Shepherd [mailto:whitewaterid@live.com]
Sent: Tuesday, August 10, 2010 10:40 AM
To: electgregwheeler@gmail.com; City Council
Subject: RE: Citizen Comment - Opposed to Transfer of Park Property (Mike Shepherd, former Council
Member)
Yes the project is listed as intersection improvements which include several actions including lights,
signage and the lane extension. The only issue I'm concerned with is the lane extension which is not a
safety issue but rather a traffic capacity increase. since the project was originally presented as a"safety"
project I don't believe the lane extension qualifies to be included in this project.
My overarching concern is that the traffic increases are being directed through Bremerton instead of the
county and state directing the increased traffic through Waaga Way and on to HWY 3. In other words its
easier for them to force the traffic into Bremerton then build the right roads in Central Kitsap. Its
especially easy because the City of Bremerton never protests the burden of the noise and dirt and chaos
of having highways punched through the residential areas of town turning them into blighted areas.
Kitsap Transit has an alternative to the problem of increasing car traffic which is cheaper, cleaner and in
the long run will make Bremerton a better place to live. Ask Dick Hayes to explain and I'm sure he will
be able to show the Council a different approach to this whole issue.
Good luck Greg!
8/10/2010