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HomeMy WebLinkAbout01/09/2013 AGENDA 10TITM MW M1 CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 _ � Phone (360) 473 -5280 ** *AMENDED * ** JANUARY 09, 2013 CITY COUNCIL STUDY SESSION 4:00 PM — STUDY SESSION in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public but there will be no opportunities for input or participation; no action is anticipated during the Study Session; and the content of these items is subject to change. If approved by Council, the items will be placed on the (January 16, 2013) Council Meeting Agenda. A. NO PRESENTATION PLANNED - The following items are budgeted items or have been reviewed by the appropriate Council Committee 1. Appointment of Colleen Smidt to the Parks & Recreation Commission 2. Appointment of Patrick Watson to the Parks and Recreation Commission 3. Renewal of 5 -Year Service Contract with Kitsap County for BKAT Services (KC 458 -12) 4. Purchase and Sale Agreement with Boat Launch Investments, LLC for property located at 1116 Charleston Beach Road 5. Agreement with Kitsap County for Incarceration of City Prisoners 6. Re- approval of Amendment No. 2 to Real Estate Purchase and Sale Agreement with Lorax Partners, LLC B. FULL DISCUSSION ITEMS 7. Proposed Public Hearing and Ordinance to amend the Bremerton Municipal Code related to the Zoning Code for Medical Marijuana Collective Gardens 8. Purchase of Sensus Water Meter Transceiver Units (MXU's) from Ferguson Waterworks 9. Resolution to support Kitsap County's enactment of a 1/10 of 1% Sales and Use Tax in Kitsap County C. GENERAL COUNCIL BUSINESS D. DISCUSSION ON UTILITY RATE STUDY - Council will reconvene in the Mayor's Conference Room with members of the FCS Group and Utility Rate Study Advisory Committee (Continued from December 12, 2012...) E. ADJOURN STUDY SESSION ® Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473 -5323 by noon on the Monday preceding the Council meeting. ______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 Phone (360) 473-5280 * * * A M E N D E D * * * JANUARY 09, 2013 CITY COUNCIL STUDY SESSION 4:00 PM – STUDY SESSION in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public but there will be no opportunities for input or participation; no action is anticipated during the Study Session; and the content of these items is subject to change. If approved by Council, the items will be placed on the (January 16, 2013) Council Meeting Agenda: A. NO PRESENTATION PLANNED - The following items are budgeted items or have been reviewed by the appropriate Council Committee 1. Appointment of Colleen Smidt to the Parks & Recreation Commission 2. Appointment of Patrick Watson to the Parks and Recreation Commission 3. Renewal of 5-Year Service Contract with Kitsap County for BKAT Services (KC 458-12) 4. Purchase and Sale Agreement with Boat Launch, Investment, LLC for property located at 1116 Charleston Beach Road 5. Agreement with Kitsap County for Incarceration of City Prisoners 6. Re-approval of Amendment No. 2 to Real Estate Purchase and Sale Agreement with Lorax Partners, LLC B. FULL DISCUSSION ITEMS 7. Proposed Public Hearing and Ordinance to amend the Bremerton Municipal Code related to the Zoning Code for Medical Marijuana Collective Gardens 8. Purchase of Sensus Water Meter Transceiver Units (MXU's) from Ferguson Waterworks 9. Resolution to support Kitsap County's enactment of a 1/10 of 1% Sales and Use Tax in Kitsap County C. GENERAL COUNCIL BUSINESS D. DISCUSSION ON UTILITY RATE STUDY - Council will reconvene in the Mayor's Conference Room with members of the the FCS Group and Utility Rate Study Advisory Committee (Continued from December 12, 2012...) E. ADJOURN STUDY SESSION Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the City Clerk’s Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Appointment to the Parks & Recreation Commission Study Session Date: COUNCIL MEETING Date: January 16, 2013 Department: Executive Presenter: Mayor Lent Phone: 473-5266 SUMMARY: There are two vacancies on the Parks and Recreation Commission due to the resignations of Terry Boyle and Joan Dingfield. It is recommended that Colleen Smidt be appointed to fill one of the vacancies. ATTACHMENTS: Ms. Smidt’s application for appointment is available in the Mayor’s office. FISCAL IMPACTS (Include Budgeted Amount): No fiscal impacts. STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to appoint Colleen Smidt to the Parks and Recreation Commission. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Appointment to the Parks & Recreation Commission Study Session Date: COUNCIL MEETING Date: January 16, 2013 Department: Executive Presenter: Mayor Lent Phone: 473-5266 SUMMARY: There are two vacancies on the Parks and Recreation Commission due to the resignations of Terry Boyle and Joan Dingfield. It is recommended that Patrick Watson be appointed to fill one of the vacancies. ATTACHMENTS: Mr. Watson’s application for appointment is available in the Mayor’s office. FISCAL IMPACTS (Include Budgeted Amount): No fiscal impacts. STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to appoint Patrick Watson to the Parks and Recreation Commission. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: BKAT Service Contract for Kitsap County (KC 458-12) Study Session Date: 1/9/13 COUNCIL MEETING Date: 1/16/13 Department: Finance Presenter: Char Burnette Phone: 308-0139 SUMMARY: This is a renewal of a current service contract with Kitsap County for Bremerton Kitsap Access Television (BKAT) services. The Contract presented is a 5 year contract; January 1, 2013 – December 31,2017. ATTACHMENTS: Contract KC 458-12 FISCAL IMPACTS (Include Budgeted Amount): $45,000.00 annually beginning in 2013 – with a CPI increase annually on January 1 thereafter. STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the BKAT Service Contract with Kitsap County 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 Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase and Sale Agreement for the sale of property at 1116 Charleston Beach Road Study Session Date: January 9, 2013 COUNCIL MEETING Date: January 16, 2013 Department: PW&U Presenter: Gunnar Fridriksson Phone: 473-2354 SUMMARY: The City has received an offer of $140,000 to purchase the property located at 1116 Charleston Beach Road from Boat Launch Investments, LLC, who proposes to use the building for a retail site. The assessed value of the property is $142,390. The property was acquired during the SR 304 Transportation Improvement Project using Transportation Improvement Board grant funds; a condition of the funds requires proceeds from the sale be used for Arterial Street Improvements within the City. The requested action is approval of the purchase and sale agreement for the property at 1116 Charleston Beach Road. ATTACHMENTS: Purchase and Sale Agreement, Map Exhibit, and Photo Exhibit FISCAL IMPACTS (Include Budgeted Amount): Proceeds from the sale will be deposited in the Arterial Street Fund. STUDY SESSION AGENDA: ☐ No Discussion ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the purchase and sale agreement and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented, and further, authorize the Mayor to finalize and execute all documents necessary to complete the transaction. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 1116 CHARLESTON BEACH ROAD Exhibit for City Council April 2, 2010 Looking southwesterly towards property, parallel to SR 304 from east side of Charleston Beach Road. Looking northerly from south side of SR 304 towards property. Note peeling paint and poor condition of siding. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Agreement with Kitsap County for Incarceration of City Prisoners Study Session Date: January 9, 2013 COUNCIL MEETING Date: January 16, 2013 Department: Police Presenter: Dave Boynton Phone: 360-473-2345 SUMMARY: This Agreement is a one year contract for Incarceration of City Prisoners with the Kitsap County Jail. The contract amount is for $630,000 for 9,000 bed days. ATTACHMENTS: Kitsap County/City of Bremerton Agreement for Incarceration of City Prisoners FISCAL IMPACTS (Include Budgeted Amount): The 2013 budget for this contract is currently $574,000. Adjustments to this budgeted amount will need to be considered during the 2013 budget amendment process. STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Kitsap County/City of Bremerton Agreement for Incarceration of City Prisoners with Kitsap County 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 Form Updated 11/02/12 Page 1 of 11 KC- KITSAP COUNTY/CITY OF BREMERTON AGREEMENT FOR INCARCERATION OF CITY PRISONERS THIS AGREEMENT is made and entered into by and between KITSAP COUNTY, a municipal corporation, having its principal offices at 614 Division Street, Port Orchard, W ashington, 98366 (the County) and the CITY OF BREMERTON (the Contract Agency), having its principal offices at 345 6th Street, Bremerton, Washington 98337. WHEREAS, the County is authorized by law to operate a jail for misdemeanants and felons and the Contract Agency is authorized by law to operate a jail for misdemeanants and felons; WHEREAS, the Contracting Agency wishes to designate the County jail as a place of confinement for the incarceration of one or more prisoners lawfully committed to the Contract Agency’s custody; WHEREAS, the County is amenable to accepting and keeping prisoners received from the Contract Agency in the County’s custody at its jail for a rate of compensation mutually agreed to herein; WHEREAS, RCW 39.34.080 and other Washington laws authorize any public agency to contract with another public agency to perform services and activities that each such public agency is authorized by law to perform; and WHEREAS, the County and Contract Agency have considered the anticipated costs of incarceration services and potential revenues to fund such services and determined it is in each of their best interests to enter into this Agreement as authorized and provided for by RCW 39.34.080 and other Washington law. AGREEMENT For and in consideration of the conditions, covenants and agreements contained herein, the parties agree as follows: 1. PURPOSE: It is the purpose of this Agreement to provide for the use by the Contract Agency of the County's jail facilities and services located at the Kitsap County Sheriff’s Office, Corrections Division, 614 Division Street, Port Orchard, Washington, 98366. 2. DETENTION/INCARCERATION The County shall incarcerate persons received from the Contract Agency until the following occur: (a) expiration of the term of confinement as indicated in a Warrant or Order of Commitment or as a result of an Order of Release, or is placed on electronic monitoring or similar program as approved by the court; or (b) upon posting of bail; or Page 2 of 11 (c) receipt of a directive from a law enforcement officer or prosecuting attorney of the Contract Agency to release such person held under probable cause without judicial process; or (d) for those held upon probable cause without judicial process upon the passage of two (2) business days; provided, prior to releasing any person pursuant to this subsection, the County shall attempt to contact the Contract Agency to ascertain the Contract Agency’s desire with regard to said person; provided that the Contract Agency shall hold the County harmless as set forth in Section 19 for any claim or action resulting from the detention of an individual wrongly detained at the direction of the Contract Agency. 3. CONTRACT REPRESENTATIVES: All written notices, reports and correspondence required or allowed by this Agreement shall be sent to the following: County: Kitsap County Sheriff’s Office Ned Newlin, Chief of Corrections 614 Division Street, MS-33 Port Orchard, WA 98366 Phone: 360-337-7107 Fax: 360-337-5780 Contract Agency: City of Bremerton Roger Lubovich, City Attorney 345 6th Street, Suite 600 Bremerton, WA 98337 Phone: 360-473-5345 Fax: 360-473-5161 4. AVAILABILITY OF JAIL FACILITIES: Subject to the County's rights with respect to certain prisoners set forth in Sections 9 and 10 herein, the County will accept and keep prisoners at the request of the Contract Agency, unless the County, in its sole discretion, determines that the jail population is at capacity or so near capacity that there is a risk that the reasonable operational capacity limits of the County jail might be reached or exceeded if the County does not begin to refuse or request removal of prisoners. However, County agrees to notify the Contract Agency prior to any potential action by the County resulting in a change of intake standards. County further agrees to cooperate to the greatest extent possible with the Contract Agency to ensure Contract Agency’s ability to incarcerate its prisoners at the county facility. In the event the County determines that it cannot accept and keep prisoners at the request of the Contract Agency and the jail Bed Days does not reach the Annual Bed Bank, the annual fee for the Annual Bed Bank shall be pro-rated accordingly to the actual Bed Days utilized for that year. Upon acceptance of a prisoner at the request of the Contract Agency, the County shall accept and store the prisoner’s personal belongings in an amount not to exceed a day pack or equivalent in volume. Any personal belongings exceeding this amount will require County approval prior to acceptance and storage. 5. DEFINITIONS: Page 3 of 11 “Contract Agency Prisoner” as used in this Agreement shall mean a person arrested by Contract Agency officers and held and confined in the Kitsap County Jail, or otherwise held in detention as provided in this agreement pursuant to a violation of a Contract Agency ordinance or a violation of a state law or ordinance which designates the crime for which the person is held to be a misdemeanor, gross misdemeanor, or felony (see RCW 70.48.400). A prisoner arrested on a warrant issued by another jurisdiction within Kitsap County or for charges initiated by a non-Contract Agency officer, shall be the responsibility of the originating agency. Arrests made by Contract Agency officers on extraditable warrants issued by agencies outside Kitsap County will be considered County prisoners. Non-contracting agencies will not be factored when calculating “shared cost”. “Bed–Day” shall mean a consecutive 24-hour period that a Contract Agency Prisoner is in custody at the county jail, including a prisoner’s booking into the county jail. “Shared Bed-Day” shall refer to the circumstance when a Contract Agency Prisoner is held in custody at Kitsap County Jail pursuant to this agreement at the same time the prisoner is being held by another Contract Agency and/or the County including periods of time less than 24 hours. Non-contract agencies will not be factored when calculating “shared bed-days.” “Fractionalized Cost” shall occur in the event of a shared bed-day. The bed-day shall be apportioned on an equal basis between the respective jurisdictions having custody of the prisoner. For example, if two different Contract Agencies and the County have custody of a prisoner at the same time during any 24-hour period, then each respective jurisdiction would be responsible for a 33 1/3% share of the bed-day. Non-contracting agencies will not be factored when calculating “fractionalized cost”. “Fractionalized Bed-Day” occurs when a Contract Agency Prisoner is not held in custody for a full bed-day. The Contract Agency shall be assessed according to the length of time the prisoner is in custody. Assessments shall be determined in ½ day increments. For example, if a Contract Agency Prisoner’s stay is from 2000 hrs on January 1 to 0800 hrs on January 2, the total elapsed time would be 12 hours or ½ of a bed-day. A fractionalized bed-day may still be considered a shared bed-day if two or more jurisdictions have custody of a prisoner at the County facility at the same time. 6. COMPENSATION FROM CONTRACT AGENCY: (a) Base Rate for Housing. In return for the County's housing of a Contract Agency Prisoner, the Contract Agency shall pay the County $630,000 in calendar year 2013 for a total of 9000 Bed Days (also referred to as the Annual Bed Bank). The Annual Bed Bank shall be reduced by one bed-day for each full bed-day, or portion thereof that a prisoner is in the custody of the County, as outlined under subsection (d) “Split Billing”, below. Such time period shall be measured from the time said prisoner is transferred to the custody of the County to the time when the Contract Agency resumes custody, or the prisoner is released. The daily rate for housing of additional prisoners beyond the Annual Bed Bank shall be $70.00 per full bed-day, or prorated for any portion thereof. (b) Determination of Case Status. The Kitsap County Prosecuting Attorney shall have the sole authority to determine which felony cases submitted by the Contract Agency shall be charged as felonies. The Contract Agency shall not be responsible for the base rate for housing prisoners on any cases charged as a felony by the Prosecutor. If the Prosecutor makes the determination that a case is a misdemeanor/gross misdemeanor, such cases will be referred to the Contract Agency for filing in the appropriate court of limited jurisdiction. (c) Billing. The County will bill the Contract Agency on or about the 15th day of each month for all amounts due to the County under this Agreement for the services rendered in the prior calendar month. Such fees shall be due and payable by the Contract Agency to the County within 30 days after receipt of an itemized invoice. (d) Split Billing. In the event of a shared bed-day, the daily bed rate will be apportioned as defined in Section 5. Page 4 of 11 (e) Other Costs. The Contract Agency shall also pay such other costs to the County or third parties as set forth herein, including but not limited to any medical costs required by Section 7. 7. MEDICAL COSTS AND TREATMENT: (a) Services Provided. Upon transfer of custody of a Contract Agency Prisoner to the County, the County will provide or arrange for such medical, mental health and dental services as may be necessary to safeguard the prisoner's health while confined, in accordance with the policies and rules of the County jail. The County contracts with ConMed Healthcare, Inc. for in-house medical and mental health care in the jail. The costs of these services are included in determining the above-stated daily per diem rates charged to the Contract Agency. (b) Cost Responsibility – Outside Medical Costs. Outside Medical costs are any and all expenses incurred for necessary medical care of a Contract Agency Prisoner, excluding 1) the in-house professional medical services provided for under Section 7(a) above and 2) medical costs relating to physical injuries incurred while under the care, custody, and control of the County. These costs include, but are not limited to, prescriptions, laboratory tests, medical imaging services, necessary durable medical equipment, and any in- patient or out-patient treatment or referral. The Contract Agency shall be responsible for its proportion of all outside medical costs for its prisoners as provided herein. For purposes of medical costs and treatment, the Contract Agency prisoners are defined as all arrestees, pre-sentencing misdemeanants and felons and post- sentencing misdemeanants. Except for medical costs relating to physical injuries incurred while under the care, custody, and control of the County, the Contract Agency shall also be responsible for its proportion of all costs associated with the delivery of medical, mental health, and dental services provided to a Contract Agency Prisoner that are not available from the health care program within the County jail, and for all emergency medical services, wherever provided. These costs shall be paid directly to the County, as directed by the County. Prisoners arrested and confined on warrants issued in Kitsap County shall be the responsibility of the originating agency. Medical costs and treatment for prisoners arrested by Contract Agency officers on extraditable warrants issued by agencies outside Kitsap County will be the responsibility of Kitsap County. (c) Emergency, Non-emergent and Non-hospital Care outside the Jail - Notification. For emergency care, the County will notify the Contract Agency within four (4) business hours of transport (Monday through Friday, from 8 a.m. to 5 p.m. PST). For non-emergent and non-hospital care outside of the jail, the County will notify the Contract Agency before noon on the next business day. In either case, the Contract Agency will be notified by contacting the Contract Agency’s designated representative for purposes of this subsection as follows: Contact Dave Boynton Email address: dave.boynton@ci.bremerton.wa.us Office phone: 360-473-5465 (d) Pre-Confinement Consents or Refusals. If a Contract Agency Prisoner has received or refused any medical, mental health or dental treatment from the Contract Agency before confinement in the County jail, the Contract Agency shall provide to the County all written verification of any authorization of or refusal to authorize care or treatment for such prisoner. (e) Return for Medical Services. Nothing herein shall preclude the Contract Agency from retaking custody of an ill or injured prisoner by picking the prisoner up for transfer at the County jail; provided, in situations the County deems that a prisoner requires emergency medical care, the County shall have the right to arrange for emergency medical services (at the Contract Agency's expense) notwithstanding a request from the Contract Agency to retake custody of the prisoner. Page 5 of 11 (f) Records. The County shall keep records of all medical, mental health or dental services it provides to a prisoner as required by law. The County agrees to share all information, including insurance information, regarding a Contract Agency inmate, as allowed by law. (g) No Waiver of Right to Seek Reimbursement. The above paragraphs relating to medical costs are intended solely to define the obligations between 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 Washington State Department of Social and Health Services, from the prisoner, or any other responsible third party. 8. TRANSPORTATION OF CONTRACT AGENCY PRISONERS: (a) The Contract Agency shall provide or arrange for transportation of its prisoners to and from the County jail except when the transportation is determined by County staff to be necessary to secure emergency medical evaluation or treatment, or when transportation is required to support the orderly operation of the County jail. (b) Transport with Costs. The Contract Agency shall be responsible for transportation of all its prisoners to the County jail for initial booking. When the Contract Agency has its own Court, then the Contract Agency shall be responsible for transportation of all its prisoners from the jail facility for all appearances in the Court. In the event the Contract Agency cannot provide transportation noted herein and the County performs the transportation on behalf of the Contract Agency , the Contract Agency shall reimburse the County for transportation performed by the County at the Standard Mileage Rates as set by the Internal Revenue Service and $40.00 per hour for the cost of personnel. (c) Contract Agency Transport. The Contract Agency shall provide reasonable notice to the County prior to transporting a prisoner from the County jail. Except as limited by Section 8(a), the Contract Agency shall be responsible for retaking custody of a prisoner at the County jail and for transporting the prisoner. 9. TRANSFER OF CUSTODY: (a) Commencement of Custody by County. Custody of a Contract Agency Prisoner shall be deemed transferred to the County when officers from the Kitsap County Sheriff's Office take physical control of the prisoner. The County will not take such control of a prisoner until the Contract Agency has delivered copies of all records in its possession pertaining to the prisoner's incarceration by the Contract Agency or its agent, including a copy or summary of the prisoner's medical records if held by the Contracting Agency or its agent. If the County requests additional information regarding a particular prisoner, then the parties shall mutually cooperate to obtain such information. Absent compliance with existing policies, the County shall not be required to take custody of or assume control of or responsibility for any property of the prisoner except as set forth in Section 4 above. The Contract Agency's officers, when transporting a prisoner to the jail shall be responsible for ensuring that all paperwork is in order and that all property allowed to be transported with the prisoner is properly packaged. The County will not take physical control and assume custody of a prisoner to be confined unless all paperwork and property of the prisoner are in order. Upon presentation of an individual for confinement, or as soon thereafter as is practicable, the Contract Agency shall advise the staff of the County jail of the duration or other terms of confinement of a given individual. The Contract Agency shall provide a copy of any Warrant of Arrest or Order of Commitment. The Contract Agency shall be solely responsible for determining that the individuals presented for detention are detainable and shall certify by the act of presenting an adult person for detention, that said person is legally detainable and County shall bear no responsibility to ensure that said individuals are legally detainable. The Contract Agency shall hold the County harmless as set forth in Section 19 for any claim or action resulting from the detention of an individual wrongly presented by the Contract Agency for detention. When custody of a Contract Agency Prisoner is transferred to the County, the Contract Agency Prisoner shall be subject to all applicable rules, regulation and standards governing operation of the County jail, including any emergency security rules imposed by the jail administrator or Sheriff. Any Contract Agency police officer delivering a prisoner to the County jail shall comply with reasonable rules and regulations of the County jail. Page 6 of 11 (b) Further Transfer of Custody. Except as otherwise allowed by Section 12 of this Agreement, the County will not transfer custody of any prisoner confined pursuant to this Agreement to any agency other than to the Contract Agency without the written authorization from a court of competent jurisdiction. (c) Responsibilities upon Assumption of Custody. Upon transfer of custody to the County, it shall be the County's responsibility to confine the prisoner; to supervise, discipline and control said prisoner; and to administer the prisoner's sentence pursuant to the order of the committing court in the State of Washington. During such confinement, the County shall provide and furnish or arrange for all necessary medical and hospital services and supplies in accordance with Section 7 of this Agreement. (d) Resumption of Custody by Contracting Agency. The Contract Agency shall be deemed to have resumed custody of a prisoner upon either the County's presentation of such prisoner to the Contracting Agency, or upon the Contract Agency's officers taking physical control of the prisoner. 10. RIGHT TO REFUSE PRISONER: The County shall have the right to refuse to accept any Contract Agency Prisoner who appears in need of medical, mental health or dental attention, until the Contract Agency has provided medical, mental health or dental treatment to the prisoner to the satisfaction of the County. 11. RELEASE, HOLDS AND COURT APPEARANCES: In order to appear before a court of the Contract Agency using video court, there must be an active hold in place that is continuously maintained from the time the charge is initially added to the prisoner’s booking. If the court of the Contract Agency has no hold, or releases its hold on a charge for a prisoner who is still incarcerated at the jail, the jail will no longer allow video court appearances to occur between the prisoner and the court for that charge. If a Contract Agency court orders that the prisoner appear without a jail hold, it is the responsibility of the Contract Agency to facilitate movement of the inmate for court appearances outside of the jail. Notwithstanding the above, an appearance before a court of the Contract Agency using video court may be held when there is no active hold in place under the following circumstances: (a) when morning video arraignments/hearings are continued to an agreed upon date by the parties involved due to time restrictions for the hearings imposed by the jail, (b) when an inmate will miss a mandatory municipal court hearing due to his or her incarceration on a non- related matter, or (c) at any other time and for any other reason with the prior approval of the County. 12. REMOVAL FROM JAIL - OTHER GROUNDS: Contract Agency Prisoners may be removed from the County jail for the following reason(s): (a) Request by Contract Agency. Upon written request by a supervisory member of the Contract Agency for transfer of custody back to the Contract Agency. (b) Court Order. By order of a court having jurisdiction over the Contract Agency Prisoner. In such case, transport, if any, will be pursuant to Section 8 above. (c) Treatment Outside of Jail. For medical, mental health, dental treatment or any other care not available within the County jail. (d) Catastrophe. In the event of any catastrophic condition occurring that poses eminent danger to the safety of the prisoner(s) or personnel of the County, the decision to remove prisoners will be at the sole discretion of the County. In such cases, the County will inform the Contract Agency, at the earliest practicable time, of the Page 7 of 11 whereabouts of the prisoner(s) so removed and shall exercise all reasonable care for the safekeeping and custody of such prisoner(s). 13. TRANSFER OF PRISONERS UPON TERMINATION/EXPIRATION OF AGREEMENT: (a) Termination by County. In the event this Agreement expires or is terminated by a notice of termination from the County in accordance with Section 23 below, it shall be the County's obligation to transport the Contract Agency's Prisoners to the Contract Agency, at no expense to the Contract Agency. (b) Termination by Contract Agency. In the event this Agreement expires or is terminated by a notice of termination from the Contract Agency in accordance with Section 23 below, it shall be the Contract Agency's obligation to transport the Contract Agency's Prisoners at its own expense, on or before the effective date of such termination. 14. PRISONER RIGHTS, ACCOUNTS AND PROGRAMS: (a) Early Release Credit and Discipline. The Contract Agency agrees that its policies if any, for early release credits shall allow no more credit for its prisoners than is allowed by the County under its policies. Contract Agency Prisoners confined under this Agreement shall earn early release credits under the policies and rules prescribed by the County and state law for all prisoners at the County jail. With respect to Contract Agency Prisoners, the County shall maintain and manage disciplinary issues and will administer sanctions, including removal of earned early release credit, pursuant to facility rules. No discipline prohibited by federal or state law will be permitted. The disciplinary policies and rules of the County jail will apply equally to Contract Agency Prisoner confined pursuant to this Agreement as applied to other prisoners confined to the Jail. (b) Prisoner Accounts. The County shall establish and maintain an account for each Contract Agency Prisoner and shall credit to such account all money received from a prisoner or from the Contract Agency on behalf of a prisoner. The County shall make disbursements from such accounts by debiting such accounts in accurate amounts for items purchased by the prisoner for personal needs. (c) Programs. The County shall provide Contract Agency Prisoners with access to all educational, recreational and social service programs offered at the County jail under the terms and conditions applicable to all other prisoners at the jail. (d) Serve Time Outside of Facility. Contract Agency Prisoners, if deemed eligible, will be allowed to leave the jail for participation in correctional work crews, or any other program in which other prisoners sometimes are allowed to leave the physical confines of the jail as part of serving their sentence. 15. ACCESS TO FACILITY AND PRISONERS: (a) Access to Facility. The Contract Agency shall have the right to inspect, at mutually agreeable times, the County jail in order to confirm such jail maintains standards acceptable to the Contract Agency and that its prisoners are treated appropriately. The County agrees to manage, maintain and operate its facilities consistent with all applicable federal, state and local laws. (b) Access to Prisoners. Contract Agency personnel shall have the right to interview prisoners from the Contract Agency at any reasonable time within the jail. Contract Agency officers shall be afforded equal priority for use of jail interview rooms. 16. ESCAPES AND DEATHS: (a) Escapes. In the event of an escape by a Contract Agency Prisoner from the County jail, the Contract Agency will be notified as soon as practical. The County will have the primary authority to direct the investigation and to pursue the prisoner within its jurisdiction. Any costs related to the investigation and pursuit within its jurisdiction will be the responsibility of the County. The County will not be required to pursue and return the Contract Agency’s escaped prisoner from outside of the County. Page 8 of 11 (b) Deaths. (1) In the event of a death of a Contract Agency Prisoner in the County jail, the Contract Agency shall be promptly notified in writing. Kitsap County Sheriff’s Office will investigate the circumstances. The Contract Agency may join in the investigation and receive copies of all records and documents from the investigation. (2) The County shall, subject to the authority of the Kitsap County Coroner, follow the written instructions of the Contract Agency regarding the disposition of the body. Such written instructions shall be provided within three working days of receipt by the Contract Agency of notice of such death. All expenses related to necessary preparation of the body and transport charges shall be the responsibility of the Contract Agency. With written consent from the Contract Agency, the County may arrange burial and all matters related or incidental thereto, and the Contract Agency shall be responsible for all such expenses. This paragraph defines the obligations between the parties to this Agreement and shall not affect the liability of any relative or other person for the disposition of the deceased or any expenses connected therewith. Notwithstanding the above, all expenses related to the death of a Contract Agency Prisoner in the County jail resulting from physical injuries incurred while under the care, custody and control of the County shall be the responsibility of the County. 17. POSTING OF BAIL: The County shall serve as agent for the Contract Agency in receipt of any bail bonds or any monies posted for or by a Contract Agency's prisoner with the County, and any such bonds or monies will be promptly forwarded to the proper agency. 18. RECORD KEEPING: The County agrees to maintain a system of record keeping relative to the booking and confinement of each Contract Agency Prisoner consistent with the record keeping by the County for all other prisoners. The County shall make copies of said records available without cost to the Contract Agency upon its request. 19. INDEMNIFICATION, HOLD HARMLESS AND INSURANCE: (a) The Contract Agency agrees to defend, indemnify and hold harmless the County, its appointed and elected officials, employees and agents from and against all liability, loss, cost, damage and expense, including costs and attorneys fees in defense thereof because of actions, claims or lawsuits alleging damages sustained by any person or property including death at any time resulting thereof, arising from or alleged to have arisen from: (1) the Contract Agency’s performance under this Agreement or as a consequence of any wrongful or negligent acts or omission of the Contract Agency, its appointed and elected officials, employees and agents; (2) wrongful detention of a Contract Agency Prisoner as a result of the Contract Agency’s actions; (3) failure or refusal to timely release a Contract Agency Prisoner as a result of the Contract Agency’s actions. To the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the County, its officers, agents, or employees, the Contract Agency’s Page 9 of 11 indemnification obligation hereunder shall be limited to the Contact Agency’s proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction. (b) The County agrees to defend, indemnify and hold harmless the Contract Agency, its appointed and elected officials, employees and agents from and against all liability, loss, cost, damage and expense including costs and attorneys fees in defense thereof because of actions, claims or lawsuits alleging damages sustained by any person or property including death at any time resulting thereof, arising from, or alleged to have arisen from: (1) the County’s performance under this Agreement or as a consequence of any wrongful or negligent acts or omission of the County, its appointed and elected officials, employees and agents; (2) wrongful detention of a Contract Agency Prisoner as a result of the County’s actions; (3) The County’s failure or refusal to timely release a Contract Agency Prisoner. To the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the Contract Agency, its officers, agents, or employees, the County’s indemnification obligation hereunder shall be limited to the County’s proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction. (c) Insurance Requirement. The County and the Contract Agency shall maintain and provide evidence of liability coverage. The terms of Section 19, INDEMNIFICATION, HOLD HARMLESS AND INSURANCE shall survive the termination or expiration of this Agreement. 20. NON-DISCRIMINATION POLICY: The County and the Contract Agency agree not to discriminate in the performance of this Agreement because of race, color, national origin, sex, sexual orientation, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical, mental, or sensory handicap. 21. ADMINISTRATION/DISPOSAL OF PROPERTY: This Agreement is executed in accordance with the authority of Chapter 39.34 RCW, the Interlocal Cooperation Act. Pursuant to the provisions of RCW 39.34.030, the Kitsap County Sheriff shall be responsible for administering the confinement of prisoners hereunder. 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. 22. DURATION: The initial term of this Agreement shall be effective from January 1, 2013 through December 31, 2013 unless another date is substituted pursuant to Section 26, or the agreement is terminated earlier pursuant to Section 23. Nothing in this Agreement shall be construed to make it necessary for the Contracting Agency to continuously house prisoners with the County. 23. TERMINATION: This Agreement may be terminated for the convenience of either party prior to expiration by written notice from such party delivered by regular mail to the designated representative at the address set forth herein. Termination by said notice shall become effective one hundred twenty (120) days after receipt of such notice. For the information of the other party, but not as a condition affecting the effectiveness of the notice, the Page 10 of 11 notice shall set forth the reason the party has decided to terminate the Agreement and the specific plan for accommodating Contracting Agency Prisoners to be affected, if any. 24. WAIVER OF RIGHTS: No waiver of any right under this Agreement shall be effective unless made in writing by an authorized representative of the party to be bound thereby. Failure to insist upon full performance on any occasion shall not constitute consent to or waiver of any continuation of nonperformance or any later nonperformance; nor does payment of a billing or continued performance, after notice of a deficiency in performance, constitutes acquiescence thereto. 25. WAIVER OF ARBITRATION RIGHTS: Both parties acknowledge and agree that they are familiar with the provisions of RCW 39.34.180(3), as now in effect, and that of their own free will they hereby expressly waive any and all rights under RCW 39.34.180(3), as now in effect or as hereinafter amended, to arbitrate the level of compensation for incarceration services charged under this Agreement, or any renewal thereof, that either party may possess. The parties further agree that such level of compensation and all other issues related to the purpose of this Agreement will only be as agreed to herein or as otherwise agreed to in a writing executed by the parties. 26. MODIFICATION: This Agreement may only be modified by written instrument signed by both Parties. 27. GOVERNING LAW/VENUE: The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to this Agreement and to a prisoner’s confinement under this Agreement. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and in the event of dispute; the venue for any action brought hereunder shall be in Kitsap County Superior Court. 28. MISCELLANEOUS: In providing these services to the Contract Agency, the County is an independent contractor and neither its officers, agents, nor employees are employees of the Contract 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 Contract Agency under any applicable law, rule, or regulation. 29. SEVERABILITY: 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 ______________, 201__. DATED this ____ day of ______________, 201__. CITY OF BREMERTON KITSAP COUNTY SHERIFF’S OFFICE ________________________________________ ________________________________________ Patty Lent Ned Newlin Mayor Chief of Corrections Page 11 of 11 BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON _________________________________________ JOSH BROWN, Chair _________________________________________ CHARLOTTE GARRIDO, Commissioner _________________________________________ ROBERT GELDER, Commissioner ATTEST: ______________________________________ Dana Daniels, Clerk of the Board AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Re-approval of Amendment No. 2 to the Real Estate Purchase and Sale Agreement with Lorax Partners, LLC for residential air space on property commonly known as Park Avenue Plaza Study Session Date: 1/9/13 COUNCIL MEETING Date: 1/16/13 Department: City Attorney’s Office Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: City Council approved Amendment No. 2 to the Real Estate Purchase and Sale Agreement with Lorax Partners, LLC for the residential air space on property commonly known as Park Avenue Plaza on September 5, 2012. Substantial changes have been made to the amendment since City Council approval and staff is requesting re-approval of Amendment No. 2 with the incorporated changes. Amendment No. 2 has been executed contingent upon City Council approval. ATTACHMENTS: Amendment No. 2 to Real Estate Purchase and Sale Agreement with Lorax Partners, LLC FISCAL IMPACTS (Include Budgeted Amount): There is no anticipated change to the fiscal impact from the prior approval. STUDY SESSION AGENDA: ☒No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to re-approve Amendment No. 2 to the Real Estate Purchase and Sale Agreement with Lorax Partners, LLC and authorize the Mayor to finalize and execute the amendment with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing on Ordinance No. ______ to amend the BMC for medical marijuana collective gardens. Study Session Date: January 9, 2013 COUNCIL MEETING Date: January 16, 2013 Department: DCD Presenter: Allison Daniels Phone: 360.473.5845 SUMMARY: The action before Council is to conduct a public hearing and adopt an Ordinance to amend BMC Section 20.40.160 and Chapter 20.42 BMC of the Zoning Code relating to medical marijuana collective gardens within the City and to add a definition for medical marijuana collective gardens. ATTACHMENTS: A. Proposed Ordinance B. Staff Memo: a. City Attorney, United States Attorney and Department of Justice’s Letters FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☐ No Discussion ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. _____ amending the Zoning Code to prohibit medical marijuana collective gardens within any zoning district of the City. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 Zoning Code Amendment – Collective Gardens 1 ORDINANCE NO. ______ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 20.40.160 and Chapter 20.42 of the Bremerton Municipal Code to specify that medical marijuana collective gardens are not permitted in any zoning districts within the City of Bremerton. WHEREAS, Initiative Measure No. 692, approved by the voters of Washington State on November 3, 1998 and now codified as Chapter 69.51A RCW, created an affirmative defense for “qualifying patients” to the criminal charge of possession of marijuana (cannabis); and WHEREAS, in 2011 the Washington State Legislature passed a bill, Engrossed Second Substitute Senate Bill 5073 (E2SSB 5073), that, among other things, authorized “collective gardens” allowing qualifying patients the ability to collectively grow up 45 marijuana plants; and WHEREAS, on April 29, 2011, Governor Gregoire vetoed portions of E2SSB 5073 but signed into law the amendment authorizing collective gardens; and WHEREAS, E2SSB 5073, as approved, further authorized cities to adopt and enforce zoning requirements regarding production and processing of medical marijuana; and WHEREAS, marijuana remains a controlled substance under the Federal Controlled Substances Act, 21 U.S.C. Ch. 13 and the U.S. Department of Justice and United States Attorneys in the State of Washington have continued to maintain that marijuana is illegal to possess, distribute, dispense or manufacture under federal law; and WHEREAS, the City Council held a public hearing on August 17, 2011 to adopted Ordinance No. 5159 which determined that the City’s Zoning Code does not adequately address the impacts of the placement and uses of medical marijuana collective gardens and therefore established a six (6) month moratorium on the placement and uses of medical marijuana collective gardens within the City; and WHEREAS, the moratorium established by Ordinance No. 5159 became effective September 1, 2011 and expired on February 29, 2012; and WHEREAS, the City Council held a public hearing on February 1, 2012 for Ordinance No. 5178 to extend the moratorium 6-months to expire on August 31, 2012; and WHEREAS, the City Council held a public hearing on August 15, 2012 for Ordinance No. 5192 to extend the moratorium 6-months to expire on February 28, 2013; and Zoning Code Amendment – Collective Gardens 2 WHEREAS, the City of Bremerton has established a procedure for amending the Zoning Code in Title 20.18.020 (d) of the Bremerton Municipal Code (BMC), which requires amendments to the Zoning Code to be both consistent with the goals and policies of the Comprehensive Plan and to be consistent with other applicable City, state and federal codes, regulations and ordinances; and WHEREAS, the amendments are consistent with the City’s Comprehensive Plan, County Wide Planning Policies, The State Growth Management Act, and other applicable regulations and ordinances; and WHEREAS, on October 31, 2012 the proposed Zoning Code amendments relating to medical marijuana collective garden was circulated to the State Agencies for the requisite 60- day review and comment period and the City received conformation on the November 5, 2012 that the notice was received; and WHEREAS, on November 5, 2012 a State Environmental Policy Act Determination of Nonsignificance was issued and published in the Kitsap Sun for the proposed action with an administrative appeal deadline on December 3, 2012 and no appeals were filed; and WHEREAS, on November 13, 2012 the City of Bremerton Planning Commission considered staff’s recommendations, received testimony, and recommended amending the Zoning Code as set out in this Ordinance; and WHEREAS, the public was notified by legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council; and WHEREAS, City Council took public testimony from interested parties and considered all written and oral arguments at a duly advertised public hearing for the Zoning Code amendments on January 16, 2013; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals Incorporated. The recitals set forth in this ordinance are hereby incorporated as if fully set forth herein. SECTION 2. The findings and conclusions adopted by the Planning Commission attached hereto as Exhibit A are adopted and incorporated as if set forth fully herein. SECTION 3. Section 20.40.160 in the Bremerton Municipal Code titled “Prohibited Uses” is hereby amended to prohibit a medical marijuana collective garden as follows: Zoning Code Amendment – Collective Gardens 3 20.40.160 PROHIBITED USES. (a) No use that is illegal under local, state, or federal law shall be allowed in any zone within the City. (b) Any use not listed as a permitted, conditional or accessory use by the zone; or any use not determined to be a similar use pursuant to BMC 20.40.150; or any use not found to be an allowable accessory use to the principle use shall be prohibited within that zone unless allowed otherwise by law. (c) A collective garden, as defined in BMC 20.42.040, is prohibited in all zoning districts of the City. (1) Any violation of this section is declared to be a public nuisance per se, and shall be abated by the city attorney under applicable provisions of this code or state law, including, but not limited to, the provisions of Chapter 1.04 BMC; (2) Nothing in this section is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any city, state, or federal law or statute. SECTION 4. Section 20.42.020 in the Bremerton Municipal Code titled “List of Defined Terms” is hereby amended to add “Collective garden” to the list in alphabetical order between the two existing words “Co-location” and “Community Facility” SECTION 5. Section 20.42.040 in the Bremerton Municipal Code titled “Definitions” is hereby amended to include a new definition for “Collective garden” between the two existing definitions, “Co-location” and “Community Facility”: 20.42.040 DEFINITIONS. “Collective garden” means gardens established and/or maintained for the growing, production, transportation, and delivery of cannabis, by qualifying patients, for medical use, as defined in RCW 69.51A.085, as currently enacted and hereinafter amended. SECTION 6. Severability. If any one or more sections, sub-sections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 7. 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 ____________________, 2013 _________________________________ ________________, Council President Zoning Code Amendment – Collective Gardens 4 Approved this ________ day of ________________________, 2013 _________________________________ PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2013 EFFECTIVE the _________day of ______________________, 2013 ORDINANCE NO. ____________ R:\Legal\Legal\Ordinances\Community Development\Collective Gardens.doc AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of Sensus Water Meter Transceiver Units (MXU’s) Study Session Date: January 9, 2012 COUNCIL MEETING Date: January 16, 2012 Department: PW&U Presenter: Chal Martin Phone: 473-5315 SUMMARY: Due to failing batteries and poor internal wiring of old water meter transmitters, Public Works staff began replacing water meter transceivers with more reliable models two years ago. The City now has almost 1,900 of the new transceivers in service, out of 18,246 in the system. The new transceivers have a 15-year minimum battery life (vs. 6 years for the old transceivers), and improved transceiver range. A sole source upgrade / exchange program has been established with Ferguson Waterworks in Tacoma (Ferguson is the authorized distributor) to purchase new transceivers, with a credit if the purchase is made prior to the end of January, 2013. We have accumulated 1,882 of the old transceivers to turn in for credit. Purchase price for 1,882 new transceivers is $253,637.14, including the credit and including sales tax. NOTE: Per request from Council, this agenda item was rescheduled from December 19th and now includes a report discussing “fixed point” and “drive by” meter reading systems. ATTACHMENTS: 1. General Information Sheet 2. Transmitter (MXU) upgrade/exchange unit pricing sheet 3. Sole Source Determination 4. Warranty (For information) 5. Water Meter / MXU Report FISCAL IMPACTS (Include Budgeted Amount): The 2013 Water Utility O&M expense budget is $9,374,292. This is a budgeted item. STUDY SESSION AGENDA: ☐ No Discussion ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of water meter transceivers from Ferguson Waterworks and authorize the Mayor to finalize and execute the purchase with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 Public Works and Utilities Department 100 Oyster Bay Ave. N.  Bremerton, WA 98312  (360) 473-5315  FAX (360) 473-5360   MEMORANDUM DATE: November 28, 2012 TO: Procurement File FROM: Chal Martin, Public Works & Utilities Director SUBJECT: Sole Source Determination - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In accordance with Bremerton Municipal Code 2.76.090, Sole Source Purchases, the purpose of this memorandum is to document the necessity of sole source procurement methodology for Sensus 520R water meter transceiver units (MXUs). The City has a requirement to replace aging transmitters on over 18,000 meters in its system. For efficiency of maintenance operations, and for reasons of compatibility with existing meter reading systems, the City chose the Sensus 520R transceiver as its standard for replacement. Establishing a standard enables the City to save money through reduced inventory, and save money and staff time by virtue of reduced maintenance complications that ensue from operating a system with multiple brands and repair parts. Over the past two years, the City has installed approximately 1,900 of the transceiver units, and experience to date indicates the units are of high quality and are exceeding the Utility’s expectations for reliability and performance. Sensus Metering Systems, the manufacturer, contracts with regional suppliers who are the only authorized distributors of the product. Therefore, the only source for the particular transceiver units required by the City, are the regional distributors. Any request for bids would only receive a single bid from the regional distributor. Because the City of Bremerton is a large customer, the regional distributor for this area, Ferguson Waterworks, has agreed to provide a credit for the old meters. Public Works staff has determined that Ferguson’s pricing is reasonable. Therefore, it is my determination that sole source purchase of Sensus 520R water meter transceiver units is justified for this procurement. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: RESOLUTION TO SUPPORT KITSAP COUNTY’S ENACTMENT OF A ONE-TENTH OF ONE PERCENT SALES AND USE TAX IN KITSAP COUNTY Study Session Date: 01/09/2013 COUNCIL MEETING Date: 01/16/2013 Department: MUNICIPAL COURT Presenter: JAMES DOCTER Phone: 360 473-5242 SUMMARY: : In 2005 Washington State approved legislation allowing counties to raise their local sales tax by one-tenth of one percent to augment state funding for mental health and chemical dependency services, housing for mental health and/or addictions, and therapeutic courts. This equates to one penny for every $10 of purchases or $10 for every $10,000 of purchases. As social services are cut, these programs are being affected adversely, our citizens are not being served/treated properly, and public safety is jeopardized. ATTACHMENTS: Kitsap County Mental Illness and Drug Dependency Action Plan, Resolution to Enact One-Tenth of One Percent Sales Tax and Kitsap County Mental Health Proposal (Legislative Authority). FISCAL IMPACTS (Include Budgeted Amount): An increase in any purchases made by the City that would have sales tax included. STUDY SESSION AGENDA: ☐ No Discussion ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Approve Resolution _________ supporting Kitsap County enacting a one-tenth of one percent countywide sales and use tax for the purpose of providing funds for provision of mental health treatment and/or chemical dependency treatment programs and services, and for the operation or delivery of therapeutic court programs and services. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 1 Sales and Use Tax for Mental Health/Chemical Dependency Programs RESOLUTION NO. ________ A RESOLUTION of the City Council of the City of Bremerton, Washington, to encourage the Kitsap County Board of Commissioners to enact a one-tenth of one percent sales and use tax in Kitsap County for the purpose of providing funds for provision of mental health treatment and/or chemical dependency treatment programs and services, and for the operation or delivery of therapeutic court programs and services. WHEREAS, the mental health and chemical dependency treatment programs and services have been shown effective in helping people recover from behavioral health illness, thereby reducing human and financial costs to society, and increasing the productivity of individuals as members of our community; and WHEREAS, such services are known to prevent and reduce costly and unnecessary involvement with criminal justice and court system, emergency medical care, shelters, and crisis services, and promote recovery for persons with disabling mental illness and chemical dependency by implementing a full continuum of treatment, including outpatient treatment, housing, and case management services, and WHEREAS, the public mental health system, funded by state and federal dollars, does not have adequate resources to provide outpatient treatment to non- Medicaid eligible individuals, and WHEREAS, current and forecasted funding does not provide the needed funds to establish and/or maintain therapeutic court programs shown to reduce crime, recidivism and support recovery, and WHEREAS, decreased availability of less costly behavioral health out- patient services rapidly results in use of emergent and far more expensive crisis services, where these increasingly scarce dollars must be used to treat people in costly inpatient units and hospitals, an unnecessary toll in both human suffering and financial burden, and WHEREAS, the Washington State Legislature adopted in 2005, Chapter 504 (E2SSB 5763) authorizing counties to fix and impose a sales and use tax in the amount of one-tenth of one percent (1/10%) to provide new or expanded mental health or chemical dependency treatment programs and services that include but are not limited to treatment services, case management, and housing that are a component of a coordinated chemical dependency or mental health treatment program or services, and to provide for the operation of new or expanded therapeutic court programs, and WHEREAS, 20 of 37 counties in Washington State have successfully enacted E2SSB 5763, in order to promote recovery for persons with disabling mental illness and chemical dependency; but Kitsap County has not adopted such a tax, and 2 Sales and Use Tax for Mental Health/Chemical Dependency Programs WHEREAS, the City Council is gravely concerned the loss of local, state, and federal funds to our community has resulted in a diminished capacity to provide necessary behavioral health services for children, families, adults and older adults, and that the uncertain forecast for additional funding losses will result in an even greater lack of access to behavioral health care, compromising the health and safety of individuals and the community; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council stands firmly behind enactment of a sales and use tax increase in the amount of one-tenth of one percent (1/10%) to provide new or expanded mental health or chemical dependency treatment programs and services and recommends that Kitsap County adopt this tax to help ensure mental health and chemical dependency treatment programs and services, with specific attention to provision of services through the county jail, juvenile justice system, children’s services and schools, county courts, inpatient and outpatient facilities, shelters and housing services for eligible, high need individuals. SECTION 2. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _____ day of __________________, 2013. _________________________________ GREG WHEELER, Council President APPROVED AS TO FORM: ATTEST: __________________________________ ________________________________ ROGER A. LUBOVICH, City Attorney SHANNON L. CORIN, City Clerk R:\Legal\Legal\Resolutions\Municipal Court\Support of Kitsap County Sales and Use Tax Increase.doc Kitsap County Mental Illness and Drug Dependency Action Plan – Funded by the 1/10th of 1% Tax Initiative Background: In 2005 Washington State approved legislation allowing counties to raise their local sales tax by one-tenth of one percent to augment state funding of mental health and chemical dependency services, housing for mental health and/or addictions, and therapeutic courts - one penny for every $10 of purchases or $10 for every $10,000 of purchases. To date, 20 counties have adopted this sales tax, including the surrounding Mason, Jefferson, Clallam, and King counties.1 Following several years of inadequate state funding for local mental health (MH) and substance abuse (SA) programs, access to treatment has become limited for many residents in need of services. Without access to care, individuals often become more ill, are arrested or jailed, seen at the emergency room or hospitalized – a needless and costly use of scarce resources, and harmful to the individual and to the public’s well-being. In Kitsap County passage of this local sales tax would result in approximately $3 million annually for mental health treatment services, chemical dependency treatment services, therapeutic courts, and related housing. What about current Kitsap County service levels? Community needs assessments conducted in 2005 and again in 2009 mapped major components of the current mental health and drug dependency system, including systems that become de facto systems of care – the jail and the emergency departments. Most recently, in 2011, the Kitsap Community Health Priorities (KCHP) plan was completed and noted as one of five priorities “Ensure access to affordable medical care, behavioral healthcare (MH and CD) and dental care for all residents.”2 These three assessments all note service gaps that cause the community safety net as a whole to falter, fail to prevent and/or intervene in the lives of individuals and their families with serious illnesses, and have unfortunate impacts on individuals, services and costs within each of these community systems of care. What would this funding accomplish? 1. A reduction in the number of mentally ill and/or chemically dependent people using costly services at the jail, emergency rooms and hospitals. 2. A reduction in the number of people who recycle through the jail, returning repeatedly as result of their criminal conduct which may be related to mental illness and/or chemical dependency. 3. A reduction in the incidence and severity of chemical dependency and mental and emotional disorder in youths and adults. 4. Diversion to treatment for mentally ill and/or chemically dependent youth and adults from initial or further law enforcement and justice system involvement. 5. Expand access of services for mentally ill and/or chemically dependent youth and adults. 6. Increase reliable housing options for mentally ill and/or chemically dependent youth and adults. Ensuring services and funding accountability 1. Develop a public input process and a voluntary Citizen Advisory Committee oversight. 2. Determine a long term plan for programs and services outcomes and allocation of public funds. 3. Use of a Request for Proposals process consistent with the long term plan. 4. Routinely evaluate based on performance measures and progress reports. 1 Adoption is authorized under the Omnibus Mental Health and Substance Abuse Act of 2005, with additional law passed into effect in 2009 (SSB 5433) allowing funds to be used to supplant existing funding on a limited and declining percentage through 2014. This action provides counties the ability to sustain a level of funding and services during the current economic recession. Programs and services currently being provided in Kitsap County are facing significant financial challenges in their ability to maintain vital services at their current level, or to increase needed services. 2 The year-long Kitsap Community Health Priorities (KCHP) process was conducted by the Kitsap Public Health District during 2011, and included four assessments and input from community representatives. Community partners provided leadership and guidance, and working committees continue to further the goals through development of specific action plans. PRIORITY RECOMMENDATIONS FOR NEW OR EXPANDED SERVICES Community-Based Care Strategies These strategies are primarily designed to increase access to behavioral health services for uninsured and underinsured children, adults, and older adults. 1a 1b 1c 1d 1e 1f Mental Health Treatment Services for persons who qualify clinically for standard services, but who do not meet stringent financial Medicaid qualifications and who might otherwise “fall through the gap.” Chemical Dependency Treatment to restore inpatient treatment, detoxification and stabilization and family services capacity, and provide outpatient substance abuse treatment services for youth and adults where no other funds are available. Behavioral Health Screening and Treatment in Primary Care facilitates screening for depression, anxiety and substance use, and brief interventions and/or referrals for youth, adults and older adults. The primary care setting is where most people first turn for help, and offers opportunity for early intervention and treatment. Emergency Room Substance Abuse Intervention (S-BIRT) uses a model tool for screening, brief intervention, and referral to treatment administered in the ER setting and demonstrated successful in early interventions of problem substance use. Outreach, Engagement and Case Management for persons who are homeless, mentally ill, and chronically chemically dependent, for the purpose of engaging clients in needed MH and SA treatment, and housing placement. Crisis Intervention Training for First Responders throughout Kitsap County to employ strategies for successfully engaging persons who are homeless, mental ill, and or chronically chemically dependent in a community setting. $ 420,000 $ 348,000 $1,494,000 $ 132,000 $ 280,000 $ 250,000 Strategies to Help Children and Youth 2a 2b 2c Nurse Family Partnership Home Visiting and Newborn Home Visiting Programs are shown effective in preventing and reducing incidence of child abuse and neglect, and improve school outcomes. Youth Jail Diversion to maintain individualized Treatment Court and Juvenile Drug Court, expand assessment and behavioral health treatment at the Detention Center. Youth Suicide Prevention to implement evidence based programs that screen and refer children, youth and their families for early intervention and prevention of suicide. $ 348,000 $ 195,000 $ 125,000 Jail and Hospital Diversion Strategies 3a 3b Diversion & Adult Jail Behavioral Health Services maintain mental health services, create substance abuse treatment capacity, ensure linkage at discharge to outpatient community mental health and substance use treatment. Jail Diversion and Adult Courts sustain Adult Felony Drug Court and Family Dependency Drug Court; initiate Veteran’s Court; Sheriff Officer for Home Visits and Compliance Checks. $ 500,000 $ 450,000 Capital Projects 4a 4b Supportive Housing to develop supportive housing units for persons with severe, persistent mental illness and/or chemical dependency. Gero-psychiatric Needs Assessment and Feasibility Study to determine how to meet needs of increasing numbers of aging population experiencing behavioral health needs, including consideration of gero-psychiatric facility. $6,000,000 $ 150,000 Evaluation of Services Rendered: Recommend funding for purchase of Kitsap Public Health District evaluation services to allow continuous quality improvements and adjustment of strategies efficacy in meeting intended outcomes. Reports would be reviewed by the voluntary Citizen Advisory Committee. Final evaluations would be presented to the County Commissioners at a public meeting on an annual basis. RCW 82.14.460 Sales and use tax for chemical dependency or mental health treatment services or therapeutic courts. (1)(a) A county legislative authority may authorize, fix, and impose a sales and use tax in accordance with the terms of this chapter. (b) If a county with a population over eight hundred thousand has not imposed the tax authorized under this subsection by Jan uary 1, 2011, any city with a population over thirty thousand located in that county may authorize, fix, and impose the sales and use tax in accordance with the terms of this chapter. The county must provide a credit against its tax for the full amount of tax impose d under this subsection (1)(b) by any city located in that county if the county imposes the tax after January 1, 201 1. (2) The tax authorized in this section is in addition to any other taxes authorized by law and must be collected from those p ersons who are taxable by the state under chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the county for a county's tax and within a city for a city's tax. The rate of tax equals one-tenth of one percent of the selling price in the case of a sales tax, or value of the article used, in the case of a use tax. (3) Moneys collected under this section must be used solely for the purpose of providing for the operation or delivery of che mical dependency or mental health treatment programs and services and for the operation or delivery of therapeutic court programs and services. For the purposes of this section, "programs and services" includes, but is not limited to, treatment services, case management, and housing that are a component of a coordinated chemical dependency or mental health treatment program or service. (4) All moneys collected under this section must be used solely for the purpose of providing new or expanded programs and services as provided in this section, except as follows: (a) For a county with a population larger than twenty-five thousand or a city with a population over thirty thousand, a portion of moneys collected under this section may be used to supplant existing funding for these p urposes as follows: Up to fifty percent may be used to supplant existing funding in calendar years 2011-2012; up to forty percent may be used to supplant existing funding in calendar year 2013; up to thirty percent may be used to supplant existing funding in calendar year 2014; up to twenty percent may be used to supplant existing funding in calendar year 2015; and up to ten percent may be used to supplant existing funding in calendar y ear 2016; (b) For a county with a population of less than twenty-five thousand, a portion of moneys collected under this section may be used to supplant existing funding for these purposes as follows: Up to eighty percent may be used to supplant existing funding in cal endar years 2011-2012; up to sixty percent may be used to supplant existing funding in calendar year 2013; up to forty percent may be used to supplant existing funding in calendar year 2014; up to twenty percent may be used to supplant existing funding in calendar year 2015; and up to ten percent may be used to supplant existing funding in calendar year 2016; and (c) Notwithstanding (a) and (b) of this subsection, moneys collected under this section may be used to support the cost of the ju dicial officer and support staff of a therapeutic court. (5) Nothing in this section may be interpreted to prohibit the use of moneys collected under this section for the replacement of lapsed federal funding previously provided for the operation or delivery of services and programs as provided in this section. [2011 c 347 § 1; 2010 c 127 § 2; 2009 c 551 § 2; 2008 c 157 § 2; 2005 c 504 § 804.] Notes: Findings -- Intent -- 2008 c 157: "The legislature finds it necessary to clarify the original intent regarding eligible expenditures of the sales and use tax provided in RCW 82.14.460. The legislature intended that upon the original effective date of RCW 82.14.460, the moneys collected under RCW 82.14.460 would be permitted to be used for the purposes as provided in RCW 82.14.460 as clarified by section 2, chapter 157, Laws of 2008." [2008 c 157 § 1.] Findings -- Intent -- Severability -- Application -- Construction -- Captions, part headings, subheadings not law -- Adoption of rules -- Effective dates -- 2005 c 504: See notes following RCW 71.05.027. Alphabetization -- Correction of references -- 2005 c 504: See note following RCW 71.05.020.