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.