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HomeMy WebLinkAbout07/01/2013 AGENDA r IIOJ � p M A A htEUtN CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 MONDAY, JULY 1, 2013 CITY COUNCIL "SPECIAL MEETING" AGENDA 1 BRIEFING 5 00 — 5 30 P M in COUNCIL CONFERENCE ROOM 603 A General Council Business 2 CALL TO ORDER 5 30 P M in FIRST FLOOR CHAMBERS A Pledge of Allegiance B Invocation 3 MAYOR'S REPORT 4 PUBLIC RECOGNITION 5 CONSENT AGENDA A Claims & Check Register B Minutes of Meeting — June 19, 2013 C Minutes of Study Session — June 26, 2013 D Bid Award to REPIPE CALIFORNIA for the 2013 Sewer Rehabilitation E Approve Conservation Grant from Puget Sound Energy (PSE) for Energy Efficient Lighting Project at the Harborside Parking Facility F Interlocal Agreement with the City of Forks for Prisoner Confinement (Incarceration) Services 6 GENERAL BUSINESS A Amending Parks & Recreation Department budget to add a 75 FTE Office Assistant I Position 7 PUBLIC HEARING(S) A Public Hearing and approval of the Bremerton Police Department's 2013 Local Solicitation of the Edward Byme Memorial Justice Assistance Grant (JAG) Application B Public Hearing and approval of Resolution No 3199 adopting the 2014 to 2019 Six -Year Transportation Improvement Plan (TIP) 8 COUNCIL MEMBER REPORTS 9 ADJOURNMENT OF CITY COUNCIL "SPECIAL MEETING" Amencans with Disabilities Act (ADA) accommodations provided upon request Those requiring special armmmnriahnns nleace rnntart the City Clerk at (3sn) 473 - 5.323 by nnnn nn the diav nrnrwrtina the Meetmn BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO COMMENT SO YOUR NAME CAN BE INCLUDED IN THE RECORD "k� — 6 , -v-m q(\Ac-k - :S - o h 'N /"ay-5 e; REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU AGENDA BILL 151k CITY OF BREMERTON CITY COUNCIL 0 ■ 0NE0Mee0NM0E0N00a0NNN00NNMN0NNEEaoanaa0EE00MM00NEEEE0E0000aaa000EE0MN0E00000EE00EEE001 SUBJECT: Claims & Check Register Study Session Date COUNCIL MEETING Date July 1, 2013 Department Financial Services Presenter Shannon Conn Phone 473 -5323 SUMMARY Approval of the following checks and electronic fund transfers 1) Check #'s 354100 through 354199 and EFT's 12938 through 12966 in the amount of $813,35491 2) Regular Payroll for the pay period ending June 15, 2013 in the amount of $675,800 54 3) Retiree Payroll for the pay period ending June 30, 2013 in the amount of $55,881 95 ATTACHMENTS FISCAL IMPACTS (Include Budgeted Amount) STUDY SESSION AGENDA 0 No Discussion ❑ Full Presentation STUDY SESSION ACTION 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve consent agenda as presented COUNCIL ACTION. ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 AGENDA BILL 56 CITY OF BREMERTON CITY COUNCIL ■■ 0 0a00EE00000EEw0w000aNawa0E0EE000e00aw0MS00000000M0000N0M00 00EEa000000aE0E0s0 s ■00N0001 SUBJECT- Study Session Date Minutes of Meeting COUNCIL MEETING Date July 1, 2013 June 19, 2013 Department City Council Presenter Greg Wheeler Council President Phone (360) 473 -5280 SUMMARY Attached is the summary of the City Council Meeting ATTACHMENTS Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) STUDY SESSION AGENDA ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: x❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION. Move to approve the Consent Agenda as presented COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, June 19, 2013 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, June 19, 2013, at 5 00 PM in the Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6 th Street, Bremerton, Washington, with Council President Greg Wheeler presiding Council Members present were Nick Wofford, Eric Younger, Carol Arends, Faye Flemister, Wendy Priest, Adam Brockus, Leslie Daugs, and Jim McDonald Also present were City Attorney Roger Lubovich, City Clerk Shannon Corin, Legislative Assistant Lori Smith, and Information Services Manager Kevin Matthew A COUNCIL BRIEFING was held to discuss General Council Business at 5 00 PM in the Council Conference Room At 5 30 PM the meeting moved to the Meeting Chambers The Pledge of Allegiance was led by Council Member Jim McDonald followed by the invocation provided by Reverend Debbie Little of First Christian Church Police Chief Steve Strachan introduced new Police Officer Trevor Donnelly followed by the "Oath of Office Swearing -In Ceremony" led by Municipal Court Judge James Docter Police Chief Strachan provided a monthly briefing on the Bremerton Police Department, as well as introduced Police Officer Dahel "Duke" Roessel and Canine Officer "Dust ' (21 -month old black Labrador) ' MAYOR'S REPORT — Mayor Patty Lent • Noted recent graduations including Bremerton High School (with 84% graduation rate'), Washington Youth Academy (rated highest academic youth academy out of 32 in the nation'), and Olympic College (with over 1,200 graduates'), and was pleased to learn the Washington Youth Academy will be used as a model for a new Youth Academy opening in Idaho, • Proclaimed Saturday, June 29, 2013 as "NAACP Freedom Fund Day ", and • Invited Fire Chief Al Duke to address the Council and the public, and provide caution about the dangers of fire with the dryer summer weather and 4 th of July dust around the corner PUBLIC RECOGNITION Gary Nystul Internal Auditor, expressed his concerns about recent discussions to amend Tale 18 of the Bremerton City Charter, clarified some inaccuracies about the role of the Auditor, and referenced a few audit reports to better explain the nature of his work Joel Jensen announced Amateur Radio Field Day would be held from Saturday, June 22 through Sunday, June 23 at Silver Spurs Club located on Nels Nelson Road near the Kitsap Fairgrounds Susan Brown recalled earlier days when she regularly attended Council Meetings to urge the City to adopt a Code of Ethics, and now that Bremerton has one, she pointed out it is the City Auditor that ensures there is a process, so she was very concerned about recent discussions to eliminate the position, and cautioned against it CONSENT AGENDA 7A — Claims & Check Register Check Numbers 353914 through 354099 and EFT -12905 through EFT -12937 in the amount of $1,538,689 23, and Regular Payroll for the pay period ending May 31, 2013 in the amount of $734,943 66 719 — Minutes of Meeting — June 5, 2013 7C — Minutes of Study Session — June 12, 2013 7D— Ordinance No 5218 granting renewal of the Comcast Franchise Agreement City Council Reg Mtg Minutes Wednesday, June 19, 2013 Page 2 of 7 7E — Renewal of the 2013 Shelter Care Plus Agency Service Agreement with Agape Unlimited 7F — Award contract to Nova Contracting, Inc for Anderson Cove Waterfront Low Impact Development (LID) Project 06:04:03 Motion was made by McDonald, and seconded by Daugs Comments from the Council were provided by Brockus 06:04:52 M /S /C (McDonald / Daugs) Move to approve the CONSENT AGENDA as presented Voted in favor of Motion McDonald, Daugs, Priest, Flemister, Arends, Younger, Wofford, Wheeler Voted opposed to Motion Brockus Motion carried 8 -Yes, 1 -No PUBLIC HEARINGS 8A — PUBLIC HEARING TO ADOPT ORDINANCE NO. 5219 AMENDING BREMERTON MUNICIPAL CODE (BMC) CHAPTER 17.04 ENTITLED "CITY BUILDING CODE " Jeannie Vaughn Community Development, emphasized that the action before the Council is to conduct a public hearing and pass an ordinance amending BMC Ch 17 04 to adopt the 2012 editions of the International Building Code, International Residential Code, International Mechanical Code, International Property Maintenance Code, International Fuel Gas Code, and the Uniform Plumbing Code, as amended by the Washington State Building Code Council or published by the International Code Council, make minor housekeeping amendments for proper references in the BMC, and amend the International Property Maintenance Code President Wheeler opened the public hearing for comment A question was asked by Don Stauss with a response provided by Ms Vaughn With no further questions or comments, President Wheeler then closed the public hearing to the public, and opened discussion to the Council 06:12:50 Motion was made by Brockus, and seconded by Wofford Clarification was requested by Daugs, with a response provided by Ms Vaughn 06:17:20 M /S /C /U (Brockus/Wofford) Move to pass Ordinance No 5219 to amend the City Building Code Chapter 17 04 BMC GENERAL BUSINESS 9A — RESOLUTION NO. 3194 AUTHORIZING AN INTERFUND LOAN TO FUND 120 CONFERENCE CENTER OPERATIONS FROM FUND 510 EQUIPMENT RENTAL RESERVE FUND Chal Martin Public Works & Utilities Director, stated that the City of Bremerton, Kitsap Transit, Kitsap Public Facilities District (KPFD), and Columbia Hospitality, Inc have embarked on a public- private partnership for the expansion of the Kitsap Conference Center Becky Hasart , Financial Services Director, further explained that a total budget for this project, to include all soft costs, has been identified at $1,100,000 $400,000 of this has been committed by the Kitsap Public Facilities District (KPFD), the Kitsap Transit Policy Board has committed $200,000, leaving a $500,000 commitment requested from the City Arne Bakker General Manager of the Kitsap Conference Center, was available to answer additional questions As the project moves forward, the following steps are pending actions (these steps may occur simultaneously) • Approval of the Interfund Loan Resolution by the City Council to fund no more than $500,000 toward the expansion, • Approval of an Interlocal Agreement by City Council with KPFD for the $400,000 award, City Council Reg Mtg Minutes Wednesday, June 19, 2013 Page 3 of 7 • Approval of a Professional Services Agreement by City Council for architectural services to develop the design bid package, • Approval of the Construction Bid Award by City Council, • Approval of an addendum to the Columbia Hospitality Inc Agreement for Management of the new space, • Approval of a negotiated long -term space lease between the City of Bremerton and Kitsap Transit by both the City Council and the Transit Policy Board Each of the items above would occur as separate actions of the Council and cannot be advanced by administration without appropriate approval of Council The first action being recommended by administration is approval of the Interfund Loan Approval of the Interfund Loan would illustrate the City Council's commitment to the project within strict parameters, as mentioned above and in the Interfund Loan Resolution, limit the City's fiscal commitment for the expansion at no more than $500,000 and limas the total budget to no more than $1,100,000 Comments m support of the expansion were provided by Patricia Graff -Hoke Executive Director of the Visit Kltsap Peninsula, Mike Walton Executive Director of the Kitsap Public Facilities District, and Mike Strube Executive Director of the Bremerton Area Chamber of Commerce 06:32:15 Motion was made by Flemister, and seconded by McDonald Mr Wofford explained that he would recuse himself from this discussion as well as the vote because he is also a member of the Kitsap Transit Policy Board Comments and questions from the Council were provided by McDonald, Daugs, Brockus, Priest, Younger, Flemister, Arends, and Wheeler, with responses provided Mr Martin, Ms Hasart, and Mr Bakker 07:00:45 M /S /C (Flemister /McDonald) Move to authorize staff to continue to move forward with the Conference Center expansion project as presented, and further move to approve Resolution No 3194 of the City Council of the City of Bremerton, Washington, authorizing an Interfund Loan to Fund 120 Conference Center Operations from Fund 510 Equipment Rental Reserve Fund Voted in favor of Motion Brockus, Priest, Flemister, McDonald, Wheeler Voted opposed to Motion Arends, Younger, Daugs Abstained Wofford Motion carried 5 -Yes, 3 -No, 1- Abstention President Wheeler called a recess from 7 00 to 715 PM 919 — ORDINANCE NO. 5220 REPEALING THE 2005 WATER SYSTEM PLAN; AND RESOLUTION NO. 3195 ADOPTING THE CITY OF BREMERTON 2012 WATER SYSTEM PLAN UPDATE Kathleen Cahall Water Resources Manager, pointed out that water system planning is essential for the Bremerton Water Utility to meet forecast increases in water demand The Water System Plan is updated every six years in accordance with Washington Administration Code 246- 290 It identifies present and future drinking water quality, water rights, and financial requirements and describes the means to meet those requirements consistent with federal, state, and local regulations There were no questions or comments from the public City Council Reg Mtg Minutes Wednesday, June 19, 2013 Page 4 of 7 07:16:35 M /S /C /U (McDonald/Wofford) Move to approve Ordinance No 5220 repealing Ordinance No 4992 which adopted the 2005 Water system Plan 07:16:57 M /S /C /U (McDonald/Wofford) Move to approve Resolution No 3195 adopting the City of Bremerton 2012 Water System Plan 9C — RESOLUTION NO. 3196 ESTABLISHING THE CITY OF BREMERTON WATER EFFICIENCY GOALS Kathleen Cahall Water Resources Manager, explained that the Washington State Department of Health requires water systems to establish water efficiency goals every six years at the same time the Water System Plan is being adopted Bremerton last established water efficiency goals in 2007 Washington Administrative Code 246 -290 requires that water efficiency goals describe measurable outcomes in reduced or maintained water usage, be set in a public forum providing opportunity for comments, and that City Council review the comments received Between May 24 and June 10, 2013 comments were solicited on these goals, which were then presented to the City Council at their Study Session on June 12 for review City staff recommends the following goals 1) Keep water use in single family homes to an average of less than 180 gallons per day 2) Businesses provided with targeted water efficiency information will reduce their water use by 3% There were no questions or comments from the public 07:19:17 M /S /C /U (Arends/Wofford) Move to adopt Resolution No 3196 to establish water efficiency goals for the City of Bremerton Water Utility 90 _ LETTER OF AGREEMENT WITH WEST SOUND FC PREMIER SOCCER CLUB-FOR LEASE GF:FWG @OGGER FIELDS AT QCNDERG_AST QAQir This item was pulled 9E — ORDINANCE NO. 5221 CREATING CHAPTER 5.06 OF THE BREMERTON MUNICIPAL CODE (BMC) ENTITLED "RENTAL PROPERTY REGISTRATION ": AND RESOLUTION NO. 3197 AMENDING COMMUNITY DEVELOPMENT — RATE TABLE C ESTABLISHING RENTAL PROPERTY REGISTRATION FINES AND PENALTIES Roger Lubovich City Attorney, stated that there are residential tenants within the City of Bremerton living in residences that are substandard and potentially dangerous to their health and safety Substandard rental housing also has a harmful effect on the value of nearby housing, and creates an environment which creates an increased demand upon City services and thereby adversely affecting the health, safety, and welfare of the citizens of the City of Bremerton The proposed ordinance establishes procedures related to the licensing and registration of rental dwelling units, and will take effect January 1, 2014 Questions and comments from the public were provided by Jerry McDonald and Kurt Weist Executive Director of the Bremerton Housing Authority 07:27:45 Motion to pass ordinance was made by Daugs, and seconded by Younger Comments from the Council were provided by Younger, Daugs, Brockus, Flemister, Wofford, McDonald, and Wheeler, with follow -up comments and clarification provided by Mr Lubovich and Ms Hasart . 07:39:35 M /S /C /U (Daugs/Younger) Move to pass Ordinance No 5221 establishing a new chapter, Chapter 5 06 of the Bremerton Municipal Code entitled "Rental Property Registration " 07:40:20 M /S /C /U (Daugs /Flemister) Move to adopt Resolution No 3197 amending Community Development — Rate Table C establishing rental property registration fines and penalties City Council Reg Mtg Minutes Wednesday, June 19, 2013 Page 5 of 7 9F — INSTALL ELECTRIC VEHICLE CHARGING STATIONS ON PACIFIC AVENUE (6T TO 11 STREET) PROJECT Chal Martin Public Works & Utilities Director, summarized that with the new bids on the Pacific Avenue project, the issue of how /whether to include the charging stations is ready to be decided In the research conducted at Council's request, a key constraint emerged ECOtality, the company which operates the stations provided by the Department of Commerce grant, controls the fee structure Our analysis indicates that at $2 00 per hour, these stations can make money for the City, but at $1 00 per hour (the fee ECOtality insists on), the stations lose money ECOtality has held out the possibility that fees could be increased in the future, but will not commit to a $2 00 fee for Bremerton yet Given this constraint, the Administration proposed the following 1) All infrastructure to support charging stations be installed, as currently provided in the Pacific Avenue reconstruction contract This will result in the ability to install four charging stations, 2) For now, install only two of the charging stations at this location Pursue other locations to install the remaining two stations, and 3) Install the other two charging stations at locations to be determined, if arrangements satisfactory to the Council can be developed Comments opposed to this action were provided by Bob Dollar John H. Larson and Robert Parker and comments in support were provided by Joel Jensen 07:48:54 Main Motion was made by Brockus, and seconded by Flemister Questions and comments from the Council were provided by Brockus, Daugs, Priest, Flemister, Arends, McDonald, and Wofford, with responses provided by Mr Lubovich, Mr Martin, and City Engineer Tom Knuckey 08:10:00 Amendment to the Motion was made by Wofford, and seconded by Brockus 08:17:00 Amending Motion /S /F (Wofford /Brockus) Move to install conduit in accordance with the Pacific Avenue Reconstruction Project documents Installation of charging stations for this location is subject to Council approval Voted in favor of Amendment McDonald, Brockus, Priest, Wofford Voted opposed to Amendment Daugs, Flemister, Arends, Younger, Wheeler Amendment failed 4 -Yes, 5 -No 08:27:45 Main Motion M /S /F (Brockus /Flemister) Move to install the base infrastructure for four charging stations in accordance with the Pacific Avenue Reconstruction Project documents Installation of charging stations for this location to be considered at a later date and is subject to Council approval Voted in favor of Main Motion Brockus, Wofford, McDonald Voted opposed to Main Motion Daugs, Priest, Flemister, Arends, Younger, Wheeler Motion failed 3 -Yes, 6 -No 08:29:20 M /S /C /U (Flemister/Younger) Move to direct the Mayor to execute a change order with RV Associates, Inc to remove from the contract the installation of charging stations and related infrastructure on Pacific Avenue 9G — RESOLUTION NO. 3198 SUBMITTING CHARTER AMENDMENTS TO CITY OF BREMERTON VOTERS Roger Lubovich City Attorney, explained that the City Council is proposing charter amendments for the submission to registered voters at the general election on November 5, 2013 The proposed charter amendments authorize the City Council to hold Special Meetings outside the City limits but within Kitsap County, allows a City Council Member to hold any City Council Reg Mtg Minutes Wednesday, June 19, 2013 Page 6 of 7 other elective public office in which he or she receives no compensation for holding said office, updates language in the charter relating to the reduction of the size of the City Council from nine to seven Council Members, establishes January 1, 2014, as the effective date of the proposed amendments, and makes related changes Comments from the public were received by Robert Parker Susan Brown and Todd Best 08:44:50 Main Motion to approve the resolution was made by Daugs, and seconded by Brockus Comments were provided by Daugs, Priest, and Brockus . 08:48:05 Amendment was made by Priest, and seconded by Younger Comments from the Council were provided by Priest, Brockus, and Daugs 08:55:05 Amending Motion /S /C (Priest/Younger) Move to amend the motion to delete the proposed language in Article H, Section 6, Item 1 which states " in which he or she receives compensation for holding said office ", and same language in the "Whereas" in the Resolution Voted in favor of Amendment Priest, Flemister, Arends, Younger, Wofford, Voted opposed to Amendment McDonald, Daugs, Brockus, Wheeler Amendment carried 5 -Yes, 4 -No 08:56:50 Amendment was made by McDonald, and seconded by Wofford Comments from the public opposed to the amendment were received by Robert Parker Todd Best Bob Dollar and Susan Brown Comments from the Council were provided by Daugs, McDonald, Wofford, Flemister, Arends, Priest, and Brockus, with responses and clanfication provided Mr Lubovich and Ms Hasart 09:34:15 Amending Motion /S /F (McDonald/Wofford) Move to amend the motion to replace the Resolution & Exhibit A with a new Resolution & Exhibit A, and add Exhibit B which amends Charter provisions related to the City Auditor Voted in favor of Amendment Flemister, McDonald, Priest, Wheeler Voted opposed to Amendment Arends, Younger, Wofford, Daugs, Brockus Amendment failed 4 -Yes, 5 -No 09:38:29 Main Motion /S /C (Daugs / Brockus) Move to approve Resolution No 3198 setting forth amendments to the City Charter for submission to the voters of the City of Bremerton at the General Election to be held November 5, 2013 Voted in favor of Main Motion Arends, Wofford, Daugs, Brockus, Priest Voted opposed to Main Motion Younger, Wofford, McDonald, Wheeler Main Motion carried 5 -Yes, 4 -No President Wheeler called a recess from 9 30 to 9 43 for a tape change COUNCIL MEMBER REPORTS Jim McDonald announced that the Gorst "Preferred Alternative" Community Outreach Meeting will be held on Thursday, June 20 from 5 00 to 7 00 PM at the Family Worship Center located at 3649 W Frontage Road in Gorst Leslie Dauas reminded everyone to be extra careful now that schools are out for summer break City Council Reg Mtg Minutes Wednesday, June 19, 2013 Page 7 of 7 Adam Brockus announced the "Music in Manette" Concert Series to be held on Thursdays for 8- weeks beginning on July 11 from 6 30 to 8 30 PM at Whitey Domstad Vista Park, and the Manette Neighborhood Garage Sale on July 13 He also encouraged the public to visit local restaurants Faye Flemister invited the community to the Anderson Cove Neighborhood Meeting on Tuesday, June 25 beginning at 5 30 PM on site at the corner of 19 & Taft, as well as the NAACP Annual Freedom Fund Banquet on Saturday, June 29 beginning at 6 00 PM at the Kitsap Conference Center Carol Arends was glad to see the progress in Anderson Cove and also pleased to see her friends Lillian A Walker (and husband James) were being honored Nick Wofford encouraged people to volunteer in the community or in their own neighborhood Greg Wheeler invited the public to attend the Bremerton Farmer's Markets on Thursdays from 4 00 to 7 00 PM at Evergreen Rotary Park Shannon Corin announced that Bremerton citizens, who wish to volunteer on a committee to prepare the Pro & Con Statements regarding the proposed Charter Amendments, may contact her in the City Clerk's office With no further business, President Wheeler adjourned the Council Meeting at 9 50 PM Prepared and Submitted by LORI SMITH Legislative Assistant Attest SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW SC Is cg AGENDA BILL sco CITY OF BREMERTON CITY COUNCIL SUBJECT Study Session Date Minutes of Study Session COUNCIL MEETING Date July 1, 2013 June 26, 2013 Department City Council Presenter Greg Wheeler Council President Phone (360) 473 -5280 SUMMARY. Attached is the summary of the City Council Meeting ATTACHMENTS Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) STUDY SESSION AGENDA 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION. Move to approve the Consent Agenda as presented COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, June 26, 2013 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6 th Street, Bremerton, Washington, Wednesday, June 26, 2013, at 5 00 PM, with Council Vice - President Faye Flemister presiding Council Members present were Eric Younger, Carol Arends, Adam Brockus, and Jim McDonald Council Members Greg Wheeler, Leslie Daugs, Wendy Priest, and Nick Wofford were absent Lori Smith, Legislative Assistant, was present to provide staff support Vice- President Flemister emphasized that the Study Session was open to the public but (except for Item B7), there would be no opportunities for input or participation, and announced that approved items by Council will be placed on the July 1, 2013 Council Special Meeting Agenda or as indicated A NO PRESENTATION ITEMS 1 Proposed public hearing to approve the Bremerton Police Department's 2013 Local Solicitation of the Edward Byrne Memorial Justice Assistance Grant (JAG) Application Public Hearing 2 Bid Award to REPiPE CALIFORNIA for the 2013 Sewer Rehabilitation Consent Agenda 3 Approve Conservation Grant from Puget Sound Energy (PSE) for Energy Efficient Lighting Project at the Harborside Parking Facility Consent Agenda 4 Interlocal Agreement with the City of Forks for Prisoner Confinement (Incarceration) Services Consent Agenda B FULL PRESENTATION ITEMS 5 Proposed public hearing to approve resolution adopting the 2014 to 2019 Six Year Transportation Improvement Plan (TIP) Public Hearing 6 Amending Parks & Recreation Department budget to add a 75 FTE Office Assistant I Position General Business 7 DEPARTMENT OF ECOLOGY GRANT SUSPENSIONS Becky Hasart Financial Services Director, explained that The City of Bremerton has grants from the Department of Ecology for Evergreen Park Remediation and Stormwater Retrofit, and Low Impact Development Project The agreements provide that in the event funds are not appropriated for the grant, the agreements can be terminated Due to the uncertainty of the enactment of a state budget, the grants are at risk of termination Rather than terminate the agreements, the Department of Ecology has recommended that the City enter into amendments to the agreements to suspend the funding rather than terminate the agreements in the event a state budget is not passed by July 1, 2013 A question was asked by Bob Dollar with responses provided by City Attorney Roger Lubowch, and Ms Hasart 05:43:00 Motion was made by McDonald and seconded by Brockus Questions and comments were provided by Brockus, McDonald, and Younger, with responses provided by Mr Lubovich and Ms Hasart City Council Study Session Minutes Wednesday, June 26, 2013 Page 2 of 2 05:46:00 M /S /C /U (McDonald /Brockus) Move to authorize the Mayor to execute the amendments to grant agreements, with substantially the same terms and conditions as presented Passed unanimously C GENERAL COUNCIL BUSINESS 1 Audit Committee Report — Carol Arends, Chair 2 Finance Committee Report — Eric Younger, Chair 3 Other General Council Business was briefly discussed D EXECUTIVE SESSION 20- minutes to "Review Personnel Performance" per RCW 42 30 110(1)(g) No action was taken With no further business, Vice - President Flemister adjourned the Council Study Session at 615 PM Prepared and Submitted by LORI SMITH Legislative Assistant Attest SHANNON CORIN, City Clerk FAYE FLEMISTER, City Council Vice - President FF SC Is cg AGENDA BILL I SI) CITY OF BREMERTON CITY COUNCIL ■■ �������������������000MEEEaEM00N000o00aa000000N00000EEEEe00000X0MME0E00E0E0E0020NE SUBJECT: Bid award to RePipe California Study Session Date June 26, 2013 for the 2013 Sewer Rehabilitation COUNCIL MEETING Date July 1, 2013 (Monday) Department PW & U Presenter Chal Martin/Tom Knuckey Phone 473 -5758 SUMMARY- The WORK to be completed includes rehabilitating approximately 5900 lineal feet of sanitary sewer and 400 lineal feet of storm sewer using the cure -in- place -pipe (CIPP) rehabilitation method and reinstating approximately 140 side sewers There were 2 bids RePipe California was the lowest responsible, responsive bidder in the amount of $416,200 51 (which includes sales tax) ATTACHMENTS 1 Council Summary, 2 Agreement, and 3 Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount) This project is included in the 2013 Budget and is ' fully funded by wastewater and stormwater rates allocated for repairing and rehabilitating substandard mains The budget amount is $470,000 STUDY SESSION AGENDA 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION Move to approve the bid for 2013 Sewer Rehabilitation from RePipe California in the amount of $416,200 51 (which includes sales tax) and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented upon receiving all necessary environmental permits COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11102/12 COUNCIL SUMMARY 2013 Sewer Rehabilitation June 2013 Background The City allocates money each fiscal year for rehabilitation, replacement and /or repair of substandard sanitary sewer and stormwater mains This project provides for the rehabilitation of both sewer and stormwater mains using trenchless technology Contract Summary The WORK to be completed includes rehabilitating approximately 5900 lineal feet of sanitary sewer and 400 lineal feet of storm sewer using the cure -in- place -pipe (CIPP) method, and reinstating approximately 140 side sewers The following table summarizes the sewers to be rehabilitated 2013 SEWER REHABILITATION SUMMARY TABLE LOCATION PIPE SIZE PIPE LENGTH (FT) Wilbert Ave — 6"' St to 11 m St 8" 1170 Lafayette Ave from 11 u, St to 13 St 8° 600 Wheaton Way — Hanford Ave to Hollis Ave 8 910 Cherry Ave — Callahan St to Wheaton Way 8 ", 10 ", and 12" 2530 11 St — Elizabeth Ave to Warren Ave 30" 330 Schley Blvd — Callahan Dr to Chestnut St 8° 330 11 m St to Kitsap Way (STORM) 24" and 30" 410 Fiscal Summary The 2013 budget includes $350,000 from Wastewater Capital, and $120,000 from Stormwater Capital for repair of substandard sanitary and storm sewers The estimated cost to perform the work is $435,000 The project is fully funded by wastewater and stormwater rates Bids were opened on June 17, 2013 There were two bids RePipe California was the lowest responsible, responsive bidder in the amount of $416,200 51 (which includes sales tax) 2013 Sewer Rehabilitation June 2013 Council Summary CONTRACT (page 1 of 3) THIS AGREEMENT is dated the day of in the year 2013 by and between City of Bremerton (hereinafter called CITY) and (hereinafter called CONTRACTOR). CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the CITY's Contract Documents entitled 2013 Sewer Rehabilitation ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Substantial Completion within 75 calendar days from the commencement date stated in the Notice to Proceed. Time is of the essence as to each and every deadline set forth in this agreement. This provision has been specifically negotiated. ARTICLE 3. LIQUIDATED DAMAGES. CITY and the CONTRACTOR recognize that time is of the essence for this Agreement and that the CITY will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Section 1 -08.8 of the Standard Specifications which may be modified by the Special Provisions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CONTRACTOR shall pay the CITY liquidated damages in the amount of $500 per dly after the date of Substantial Completion. ARTICLE 4. CONTRACT PRICE CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Proposal, which shall include sales tax as provided in Section 1 -072(2) of the Special Provisions. ARTICLES. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Section 1 -09.9 of the Standard Specifications which may be modified by the Special Provisions. Applications for Payment will be processed by ENGINEER as provided in the Special Provisions Contractor Initials My ofor —atm May 1013 2013 Sv*wAekaWtmuon CF-1 CONTRACT (page 2 of 3) ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the WORK consist of this Contract and the following which are either attached or incorporated herein by reference: - Notice Inviting Bids, - Bidders Cheddist, - Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and all required certificates and affidavits, - Performance Bond, - Payment Bond, - Standard Specifications, - Amendments to the Standard Specifications, - Appendices, - Special Provisions, - Contract Plans, - Addenda numbers to . inclusive. - Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Section 1-04.4 of the Standard Specifications which may be modified by the Special Provisions. ARTICLE 7. INDEMNIFICATION. The CONTRACTOR and CITY acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 424.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, ENGINEER, their consultants, subconsultants, and the officers, directors, employees, and agents of each and any of them, against and from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, all claims and liability arising under, by reason of, related, or incidental to the Contract Documents or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY and/or the ENGINEER as further defined in the Contract Documents. The provisions of this section shall survive the termination of the contract. Contractor Indiaals Cay of Bra wtw May 1013 2013 SmffAd abftadon CF-2 CONTRACT (page 3 of 3) ARTICLE S. ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its dudes, rights and/or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes. In the case of an assignment for security purposes the CITY may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers. CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be executed the day and year first above written. CITY. City of Bremerton CONTRACTOR By By. [CORPORATE SEAL] Attest Attest Address for giving notices Address for giving notices License No. Approved as to Form: Agent for service of process: (Signature) (Tide) City ojB,r worn May 2013 2013 Sewer RebabiliAW= CF-3 CITY OF BREMERTON BID TABULATION BID TITLE- 2013 Sewer Rehabilitation OPENED By' BIII Davis DATE OPENED- 6/17/13 TIME OPENED, 2 00 p m RECORDED BY: Shannon Conn NAME OF BIDDER BOND BASE BID TOTAL eJ � �Jd. 2Z �5z. U X62.79 t2c 1�r eJ�aj -rc SUMMARY TOTAL BID COMMENTS APPARENT LOW BIDDER SECOND LOW BIDDER THIRD LOW BIDDER ENGINEER ESTIMATE (INC SALES TAX) $ �/ AGENDA BILL 515 CITY OF BREMERTON CITY COUNCIL ■■ �00N00N0W00000000aM000M0EMMMEEEEEEENNN00000000NNEaae0000MNENN000E000NaNWMNX0E00M0NMM01 SUBJECT. Acceptance of a Puget Sound Study Session Date June 26, 2013 Energy (PSE) Grant for Energy Efficient COUNCIL MEETING Date July 1, 2013 Lighting Project at the Harborside Parking Department PW &U Facility Presenter Chal Martin Phone 473 -5758 SUMMARY: This grant will provide for the removal & replacement of existing lighting with energy efficient lights Total cost for this is estimated to be $75,770 00 The city will receive a Puget Sound Energy Grant currently estimated to be $33,509 00 upon project completion PSE estimates the upgrade will provide a monthly Maintenance & Operations savings of $1,100 00 per month ATTACHMENTS. Council Summary, PSE Grant Agreement No C -12398 FISCAL IMPACTS (Include Budgeted Amount) City of Bremerton funded amount is $42,261 22, these funds will come from the Parking System budget STUDY SESSION AGENDA ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: px Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION Move to approve conservation grant from Puget Sound Energy COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 Energy Efficiency and Conservation Grant Approval Council Summary June 26, 2013 Study Session & July 1, 2014 Council Meeting Background: In 2010/2011 The City of Bremerton Public Works & Utilities Department received and completed an ARRA /ECCBG Grant in combination with a PSE Grant for multiple energy upgrades at various city buildings and properties. At that time it was evident that the lighting at the Harborside Parking facility would be the next prime candidate for similar energy efficiency and conservation upgrades to the lighting fixtures City electronics staff identified actions that could be taken to greatly reduce energy consumption at this facility Scope of Work: Harborside Parking Facility 100 Washington Avenue Floors: P -1, P -2, P -3, KT -1, KT -2 This project is to remove existing lighting and replace with energy efficient lighting The removal and replacement is of approximately 255 lights fixtures Estimated cost is $75,770 22 Total annual energy savings is estimated to be at 163,067 KWH per year at $0 07 /kwh, energy savings are expected to be $11,414 72, with a projected pay back of 3 7 Years. Fiscal Summary A) Estimated LED Lighting Project Amount $75,77022 B) Eligible PSE Conservation Grant $33,509.00 C) Estimated City of Bremerton funded Amount $42,26122 Amount "C" is what the City will be required pay in order to implement these energy efficiency and conservation up grades at proposed facility PUGET SOUND ENERGY The Energy To Do Great Things Agreement No C -12398 Project No 089 -7254 Conservation Schedule E250 CONSERVATION GRANT This AGREEMENT is made this day of 20 by and between PUGET SOUND ENERGY and CITY OF BREMERTON ( "Participant") RECITALS A Under Puget Sound Energy's Electric Schedule 83 and Gas Schedule 183, as currently in effect and on file with the Washington Utilities and Transportation Commission, Puget Sound Energy offers grants for electricity and natural gas conservation measures installed or implemented at facilities that receive electric or natural gas service from Puget Sound Energy B Participant intends to install or implement conservation measures and is requesting a grant from Puget Sound Energy under its filed Electric Schedule 83 and/or Gas Schedule 183 tariffs AGREEMENTS Puget Sound Energy and Participant agree as follows 1 Premises Participant will install or implement the conservation measures listed in paragraph 2 ( " Conservation Measures ") at the facilities located at 100 WASHINGTON AVE BREMERTON, WA 98337 - CITY OF BREMERTON, 100 WASHINGTON PARKING GARAGE (the "Premises ") Participant represents either (a) that it is the owner or contract purchaser or otherwise has the lawful authority to make the statements herein on behalf of the owner or contract purchaser of the Premises, or (b) that it is the lawful tenant of the Premises and that it has obtained written authorization from the owner or contract purchaser of the Premises 2 Conservation Measures Participant represents that it will purchase equipment or materials or has entered into an agreement or will enter into an agreement with a contractor or contractors (the "Contractor") for the purchase and installation or implementation at the Premises ofthe Conservation Measures, which may be detailed in Attachment C: Attachment to Conservation Grant, at the indicated costs, summarized below Total Cost of Eligible Conservation Measure Conservation Conservation Measures Life Measures Grant 1 LED Lighting 12 $75,770 22 $33,509 00 TOTAL, (includes sales tax) $75,770 22 $33,509.00 Participant represents that the total cost of the Conservation Measures, if identified above, is the full amount of its obligation, after adjustment for any discounts, credits or non —PSE incentives offered 3 Grant Subject to Puget Sound Energy acceptance. Puget Sound Energy will grant the Participant, after installation ofthe Conservation Measures, an amount equal to the Eligible Electric Schedule 83 and Gas Schedule 183 Conservation Grant (the `Grant") as identified above, provided, however, that such Conservation Measures must be installed, and Grant paid within 24 months or less ofthe signing of this Conservation Grant Agreement if for any reason the cost ofthe Conservation Measures is actually less than shown above, Puget Sound Energy may decrease prorata the amount ofthe Grant Participant shall be responsible for paying any amount in excess of the amount of the Grant PUGET SOUND ENERGY The Energy To Do Great Things Agreement No C -12398 Project No 089 -7254 Conservation Sebedule E250 4 Separate Contract The purchase and installation of the Conservation Measures shall be pursuant to a separate contract between Participant and Contractor Puget Sound Energy is not, and shall not be deemed to be, a party to any purchase or installation contract All obligations to any Contractor pursuant to any such contract shall be Participant's responsibility Participant expressly acknowledges that Puget Sound Energy's involvement with respect to the Conservation Measures, including but not limited to any energy analysis or inspection by Puget Sound Energy of the Premises or the Conservation Measures, is solely undertaken in connection with furnishing the Grant The types of materials, methods of installation, quality and timing thereof, and any warranties with respect to the Conservation Measures or their installation at the Premises, are matters to be agreed upon solely between Participant and any Contractor PUGET SOUND ENERGY HAS NOT MADE AND DOES NOT MAKE (AND PARTICIPANT ACKNOWLEDGES THAT PUGET SOUND ENERGY DOES NOT MAKE) ANY IMPLIED OR EXPRESS WARRANTY (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS) REPRESENTATION, OR PROMISE WITH RESPECT TO EITHER (A) THE CONSERVATION MEASURES, (B) ANY MATERIALS AND LABOR REQUIRED FOR OR USED IN THE INSTALLATION OF THE CONSERVATION MEASURES, OR (C) THE INSTALLATION OF THE CONSERVATION MEASURES. 5 Access and Inspection: For a period no shorter than the longest applicable measure life, for the purposes of verification, evaluation, or both, participant shall, upon request, provide Puget Sound Energy and its representatives (1) reasonable access to and inspection of the Facility and Conservation Measures installed therein before, during and/or after implementation, and (2) reasonable access to, inspection and use of energy usage data related to the Conservation Measures including release of utility bills and Facility energy consumption information following implementation 6 Final Cost Documentation: As a condition of Puget Sound Energy's payment of Grant(s) hereunder, Participant agrees to promptly provide to Puget Sound Energy, upon request, documentation verifying equipment purchased and/or work performed including, but not limited to invoice(s) and other written information pertinent to the Conservation Measures installed 7 Release Participant releases Puget Sound Energy from any and all claims, losses, harm, costs, liabilities, damages and expenses directly or indirectly resulting from or in connection with (a) the Conservation Measures, (b) any materials and labor required for or used in the installation of the Conservation Measures, (c) the installation of the Conseration Measures, or (d) the identification, handling and disposal of any associated hazardous waste materials 8 Disclaimer Puget Sound Energy conducts energy analyses at the request of its customers to determine the extent to which conservation measures are cost — effective Any estimate of energy savings made by Puget Sound Energy in connection with any such analyses is solely for the purpose of determining the cost— effectiveness of the particular conservation measures and not to be used for any other purpose Puget Sound Energy has not and does not make any promise, warranty or representation with respect to any savings in energy consumption from Conservation Measures 9 Termination In the event a Participant's contribution to Puget Sound Energy's (PSE) recovery of energy efficiency program costs is affected by all or a portion of Participant's electric and/or gas delivery service being provided by a party other than PSE, then Participant shall refund to PSE an amount equal to the ratio of the unused Measure Life of the measure(s) to the total Measure Life of such Conservation Measure(s) multiplied by the dollar amount of the Grant with respect to such Conservation Measure(s) 10 Incorporation of tariffs by reference This Agreement and the Attachment To Conservation Grant arc subject to the terms of the filed Electric Schedules 83 and Gas Schedules 183 tariffs, which are incorporated herein by this reference Further, specific terms and conditions fioin one or more Conservation Schedules (including but not limited to Electric Schedules 217 (Multi - Family Existing Structure) 218 (Multi - Family New Construction) • PUGET SOUND ENERGY The Energy To Do Great Things Agreement No C -12398 PrglectNo 089 -7254 Conservation Schedule E250 250 (Commercial and Industrial Retrofit Program), 251 (Commercial and Industnal New Construction Efficiency), or 258 (Large Power User Self Directed Program) and Gas Schedules 250 (Commercial/ lndustnal Retrofit Program), 217 (Multi - Family Existing Structures), 218 (Multi- Family New Construction), or 251 (Commercial/industnal New Construction Efficiency) may also apply Puget Sound Energy will determine, at its sole discretion, which Conservation Schedule or Schedules apply This determination will be based on, but not limited to metering type, construction type, building size, Puget Sound Energy experience and other industry standards The applicable Schedule or Schedules number or numbers appear in the title of this Agreement above A complete list of conservation Schedules is available at http / /pse corn /aboutpse/RateslPages/Electric- Rate - Schedules aspx' x0020 Tvue= Conservation 11. Entire Agreement This Agreement sets forth the entire agreement between the parties and supersedes any and all pnor agreements with respect to the Conservation Measures No change, amendment or modification of any provision of this Agreement shall be valid unless set forth in writing and signed by both parties PUGET SOUND ENERGY PARTICIPANT By By Name David Landers Print Name Tide Msr. . Business Energy Management Title Federal Tax I D No 12>'rk 4W PUGET SOUND ENERGY The Energy To Do Great Things ATTACHMENT TO CONSERVATION GRANT 'C' Agreement No C — 12398 Project No 0 —7254 Conservation Messuro s shall consist of the followin Retrofit (262) 100watt Metal Halide in parking garage with (262) 56 watt LED Lumark- Cooper #QDCAST1 A 3 f E ( l i t I The above specifications are solely for ft purpose of defining energy - related components of Conservation Measure(s) for which the Grant is offered Puget Sound Energy is not responsible for ensuring the health, safety, comfort, or well -being of workers or facility occupants or the suitability of equipment selected for the intended application it is the responsibility of the grant Participant and the Participant's hired designers, contractors, consultants to ensure compliance of the Conservation Measure(s) with ParOclparit's needs and all applicable codes and standards The following shall be submitted by Participant prior to Grant payment Q Completed Request for Taxpayer Identification Number (`Form W -9") or Assignment of Funds Form (assigns grant Payment to Contracto•) 21 Copies of invoicing (no purchase orders, quotes or estimates) for all expenses, including but not limited to equipment, materials, and labor associated with installation of Conservation Measure(s) 0 Completed PSE Lighting Waste Disposal Form 3736 Other (specify) l B E E i { i 1 PUGET SOUND ENERGY The Energy To Do Great Things ATTACHMENT TO CONSERVATION GRANT 'C' Conservation Measures shelf be ve ifed as follows prior to Grant payment PSE will Inspect for installation and operation of measures upon project completion All outstanding Issues are to be resolved prior to grant payment f f f I l i I 1 i E F i 1 i t 1 1 If intended energy savings are not being achieved by Conservation Measure(s) because specified eq xpment efficiency parameters or performance parameters defined above are not used Parbc pant shall be requ red to coned such deficiencies pnor to Grant payment. Fai�um to comply vnth specified equipment effitrency or performance parameters may result In forfeiture or reduction of Grant payment PUGET SOUND ENERGY PARTICIPANT By By Name David Landers Print Name T,d Mgr, Business Energy Management Tide ' ederal Tax 10 No By Nrn E AGENDA BILL CITY OF BREMERTON 5F CITY COUNCIL ............................. ............................... 0 0 0 W N 0 0 E E 0 0 W 0 0 E M E 0 .00.00 0 0 0 1 SUBJECT. Agreement with the City of Study Session Date June 26, 2013 Forks for Incarceration of City Prisoners COUNCIL MEETING Date July 1, 2013 Department City Attorney's Office Presenter Roger Lubovich Phone 360- 473 -2345 SUMMARY This Agreement is a three year contract for Incarceration of City Prisoners with the City of Forks ATTACHMENTS: Interlocal Agreement for Prisoner Confinement Services FISCAL IMPACTS (Include Budgeted Amount) The base daily rate per prisoner is $45 00 The City of Forks will house any City prisoner who has a court commitment of 365 days at the special daily rate of $40 00 each day STUDY SESSION AGENDA ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION. Move to approve the Interlocal Agreement for Prisoner Confinement Services with the City of Forks and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 CITY OF FORKS INTERLOCAL AGREEMENT FOR PRISONER CONFINEMENT SERVICES This Agreement is made and entered into this 1st day of June, 2013, by and between the CITY OF FORKS, a municipal corporation (hereinafter "FORKS "), and the CITY OF BREMERTON, a municipal corporation (hereinafter "CITY ") REPRESENTATIONS 1 Pursuant to Chapters 39 34 and 70 48 RCW, FORKS and CITY may enter into an agreement, through their respective legislative bodies, whereby FORKS shall furnish jail facilities for CITY prisoners upon such terms as may be mutually agreed upon 2 Chapter 39 34 RCW specifies that cities are responsible for the incarceration of misdemeanor and gross misdemeanor offenses committed by adults in their respective Jurisdictions, and referred from their respective law enforcement agencies, whether filed under state law or city ordinance, and must carry out this responsibility through the use of their own courts, staff, and facilities, or by entering into contracts or interlocal agreements to provide these services Such contracts or interlocal agreements are required to take into account the anticipated costs of services as well as the anticipated and potential revenues to fund the services, including fines and fees, criminal Justice funding, and state authorized sales tax funding levied for criminal Justice purposes 3 CITY and FORKS agree that the terms and conditions set forth herein are an acceptable basis for FORKS providing prisoner Jail services to CITY for persons committing misdemeanor or gross misdemeanor offenses within CITY limits AGREEMENTS 1 Availability and Funding of Adult Correctional Facilities and Services FORKS agrees to house, care for, and provide for the welfare and safekeeping of CITY prisoners within its facilities In so doing, FORKS agrees to furnish its facilities and personnel for the confinement, processing, and related services for CITY prisoners in the same manner and to the same extent as FORKS furnishes said services for confinement, processing, and related activities of its own prisoners FORKS Jail facilities shall be made available and furnished for holding of CITY prisoners serving imposed Jail terms, subject to the conditions herein Said facilities and services shall meet the requirements of all applicable state and federal laws 2 Definition of a CITY Prisoner The term "CITY prisoner" as used in this Agreement shall mean a person arrested by CITY police and held and confined in the FORKS Jail, or otherwise held in detention as provided in this agreement, pursuant to a violation of a CITY ordinance or a violation of a state law which designates the crime for which the person is held to be a misdemeanor or gross misdemeanor The term -1- "CITY prisoner" shall not include a person arrested for a felony offense by CITY police, a person arrested on a warrant issued by another Jurisdiction or for charges initiated by a non CITY officer, or a person charged by the prosecutor with a felony or an attempt to commit a felony even if there is a plea to or conviction of a lessor offense 3 Prisoner Confinement Daily Fee A Beginning 1 June 2013, CITY agrees to pay FORKS a daily per inmate fee for the housing of prisoners in the FORKS Jail The daily confinement fee shall be charged per prisoner for each calendar day or portion thereof, excluding the release day when a prisoner has been confined for more than one day The base daily rate shall be $45 00 each on a daily basis, FORKS will house any CITY prisoner who has a court commitment of 365 days at the special daily rate of $40 00 each day B This rate shall be adjusted annually, based on the Seattle CPI U The first annual adjustment will be effective June 1, 2014 and each year thereafter C Prisoner fees shall be billed by FORKS each month and CITY shall pay said fees within 30 days of billing In the event of an error, the next billing after the error was discovered, it will be adjusted appropriately. 4 Partial Confinement and Alternative Confinement Programs CITY prisoners shall be considered for FORKS alternative and partial confinement programs on an equal basis with FORKS prisoners, and subject to the same rules and regulations, as well as potential sanctions, for program rule violations Prisoner participation in such programs may be limited to an operational capacity as identified by FORKS Alternative and partial confinement programs shall include, but not be limited to, Work Release and Work Crew It is understood by the parties that the term alternative confinement programs shall not include electronic home monitoring Where offenders pay a fee to FORKS for program participation, such fees shall be deducted from the confinement daily fee Where CITY prisoners are in a FORKS Work Crew assignment, they shall be credited with five days "good time" for each 30 days that they are assigned to the Work Crew If the prisoner is not on a work crew or special program that prisoner is eligible for five days good time per thirty days served "Good time" is earned, and not automatically "given ", once housed in Forks 5 Designated Administrators The FORKS Police Chief in consultation with the CITY Police Chief shall administer this agreement Each administrator or designee may consult with each other quarterly regarding costs, fees and charges and regarding changes in policies, practices, or procedures, which may affect the responsibilities of the other, and will try to resolve disputes between themselves or through their designated representatives -2- 6 Medical Costs Medical costs for emergency or necessary health care for CITY prisoners shall be the responsibility of CITY CITY retains the option to contract with medical providers to provide medical services to CITY prisoners FORKS will not transport outside of FORKS city limits for medical appointments, this will be borne by CITY if such a medical transport is necessary FORKS shall notify CITY prior to outside medical care being provided for a CITY prisoner, provided, however, that when emergency medical care is required in life - threatening circumstances, the notification may occur as soon as practicable No Waiver of Right to Seek Reimbursement The above paragraphs relating to medical costs are intended solely to define the obligations 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 department of social and health services, or from the prisoner, or any other responsible third -party 7 Transportation Transportation of CITY prisoners to the FORKS fail facilities will be provided by the FORKS Police Department as needed, but not to exceed one time per calendar week FORKS Police Department, will travel to a mutually agreed upon location for the pick -up The one -way rate for transportation shall be included in the daily prisoner rate Upon release of CITY prisoners, FORKS may transport the prisoner to the Forks Transit Center A one -way ticket toward the CITY area may be issued to the released prisoner If the prisoner is needed for Court during incarceration in the FORKS Jail, it will be the responsibility of CITY to transport the prisoner from FORKS Jail to Court, and return 8 Transfer of Custody When the CITY law enforcement officers are placing arrested persons in custody of FORKS, at a designated meet point between the parties or at the Forks Jail, the City officer shall be required to remain in the immediate presence of the arrested person and shall be considered to have such person in their sole custody until the FORKS booking officer audibly states that the prisoner is secured, at such time and only then, will FORKS come into custody of said prisoner When custody of a CITY prisoner is transferred to FORKS, the CITY prisoner shall be subject to all applicable rules, regulations and standards governing operation of the FORKS Jail, including any emergency security rules imposed by the FORKS Chief of Police or designee Any CITY police officer delivering a prisoner to FORKS fail shall comply with reasonable rules and regulations of the FORKS Jail 9 Release of CITY Prisoner from FORKS Jail No CITY prisoner confined in the FORKS Jail subject to this agreement shall be released except (a) when requested by a member of CITY Police Department, (b) in compliance with orders of the court in those matters in which the courts have Jurisdiction, (c) for appearance in court, (d) for interviews by CITY police or attorneys, (e) if the prisoner has served his or her sentence or the charge pending against said prisoner has been dismissed, or (f) as -3- determined by the FORKS Chief of Police as part of a plan to reduce prisoner population as a result of facility overcrowding 10 Record Keepinq FORKS agrees to maintain a system of record keeping relative to the booking and confinement of each CITY prisoner in such style and manner as equivalent to FORKS's records pertaining to its own prisoners FORKS shall make available, upon request, to CITY or its authorized representatives, copies of said records 11 CITY Access to Prisoners All CITY police officers, investigators and the prisoner's legal counsel shall have the right to interview the prisoners at any time inside the confines of the FORKS fail, subject only to necessary security rules Interview rooms will be made available to CITY police officers in equal priority with those of any other department 12 Equal Treatment of CITY Prisoners CITY and FORKS prisoners will be treated equally for purposes of extradition, transportation, record keeping, and access to special detention programs During situations where fail population exceeds maximum capacity, FORKS retains priority for the housing of FORKS prisoners FORKS will notify CITY if prisoner(s) are to be released due to situations where fail population exceeds maximum capacity and give CITY an opportunity to transport prisoner to another fail facility When known, FORKS will notify CITY if the fail population exceeds maximum capacity prior to the transportation of new prisoners to the facility pursuant to paragraph 7 above 13 Hold Harmless Agreement A FORKS assumes full responsibility for the welfare, safety and safekeeping of all CITY prisoners while in the custody of FORKS FORKS agrees to hold harmless, indemnify, and defend CITY its elected officials, officers, employees and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorneys' fees) (also including but not limited to claims related to alleged mistreatment, injury, or death to any prisoner, or loss or damage to prisoner property while in FORKS' custody) which result from or arise out of the negligence of FORKS, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non - performance of FORKS' services, duties and obligations under this Agreement B The CITY agrees to hold harmless, indemnify, and defend FORKS its elected officials, officers, employees and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorneys' fees) (also including but not limited to a claim of false arrest, unlawful imprisonment and writs of habeas corpus proceedings) which result from or arise out of the negligence of CITY, its elected officials, officers, employees, and agents in connection with or -4- incidental to the performance or non - performance of CITY's services, duties and obligations under this Agreement C In the event that the officials, officers, agents, and /or employees of both FORKS and the CITY are concurrently negligent, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorneys' fees) D Nothing contained in this section of this Agreement shall be construed to create a liability or a right of indemnification by any third party E The provisions of this section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination 14 Duration of Agreement Subject to the provisions of RCW 39 34 040, this Agreement shall be effective on 1 June 2013, and said Agreement shall be in effect for a period of three years This Agreement will be renegotiated every three years The Agreement may be terminated upon written notice by either party with a minimum 90 days notice The notice shall state the grounds for the termination and the specific plans for accommodating the affected lad population (per RCW 70 48 090 as amended) Pursuant to RCW 39 34 040, each party shall be responsible for recording a copy of this agreement with their County auditor and /or posting this agreement on the agency's web -site 15 Disputes Disputes relating to the interpretation or administration of this agreement that cannot be resolved by the representatives designated herein shall be referred to the FORKS Mayor and CITY Mayor or their designees for settlement 16 Joint Undertaking or Separate Entity Pursuant to the requirements of RCW 39 34 030(3), the parties specify the following 1) no new or separate legal or administrative entity is created by the provisions of this agreement, 2) the parties to this Agreement are each responsible for their own duties under this agreement, 3) no point financing or budget is required, and 4) and no real or personal property will be jointly acquired by the parties under this Agreement All property owned by each of the parties shall remain its sole property to hold and dispose of in its sole discretion 17 Non - Delegation /Non - Assignment Neither party may delegate the performance of any contractual obligation, to a third party, unless mutually agreed in writing Neither party may assign this agreement without the written consent of the other party 18 Each Agency's officers, agents, nor employees are employees of the individual Agency for any purpose including responsibility for any federal or state tax, industrial insurance or Social Security liability No provision of services under this Agreement shall give rise to any claim of career service or civil service right, which may accrue to an employee of the Agency under any applicable law, rule, or regulation -5- 19 Severablllty 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 2013 DATED this day of 2013 City Of Forks City of Bremerton Mayor Mayor Chief of Police Chief of Police APPROVED AS TO FORM APPROVED AS TO FORM City Attorney City Attorney R \Legal \Legal\Files \Current Active Files\Jail Contracts \Forks Jail Contracts\Forks Jail Contract 2013 - Final doc -6- AGENDA BILL i&A CITY OF BREMERTON CITY COUNCIL SUBJECT Study Session Date June 26, 2013 Addition of a 75 FTE Office Assistant I COUNCIL MEETING Date July 1, 2013 Position to the Parks and Recreation Dept Department Parks and Recreation Presenter Wyn Birkenthal Phone 473 -5752 SUMMARY The Parks and Recreation Department has a need for a dedicated person to assist with customer service, program registration, park and facility reservations and telephone reception Without this position, our ability to provide timely customer service for these functions will remain a significant challenge The 75 FTE Office Assistant I will free Recreation Program Coordinator time to work on Recreation sponsorships and partnerships and help the Department to become more responsive to the public during all business hours ATTACHMENTS: Attachment A Office Assistant I Job Description FISCAL IMPACTS (Include Budgeted Amount) The fiscal impact in 2013 is $9,744 when personnel and program savings are considered STUDY SESSION AGENDA ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda N General Business ❑ Public Hearing RECOMMENDED MOTION: I move to amend the Parks and Recreation budget to add a 75 FTE Office Assistant I position for the purpose of increasing customer service COUNCIL ACTION. ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 City of Bremerton Classification Specification 2002 OFFICE ASSISTANT I GENERAL FUNCTION Provide customer service and perform a variety of clerical and receptionist duties REPRESENTATIVE ESSENTIAL DUTIES and RESPONSIBILITIES (Note — this list is intended only to illustrate the various types of work that may be performed. The omission of specific statements does not exclude them from the position.) • Provide customer service to the public and city staff members Receive and route phone calls /messages /greet visitors and route to appropriate departments • Receive, receipt and record monies received Process refunds Post records Balance cash • Type, copy, distribute and mail miscellaneous letters, memos, agenda bills and minutes Prepare miscellaneous documents for mailing File various documents and forms • Process small stores orders Inventory office supplies on a regular basis and keep items stocked • Perform receptionist duties Other Duties — Regular attendance is an essential requirement — Performs related work as assigned and/or required KNOWLEDGE, SKILLS AND ABILITIES (Entry Requirements) Knowledge of• • Office procedures and practices including Customer service reception • Basic office machines (computer, phone, fax, copier, calculator) and various computer programs (MSWord, Excel, PageMaker, Calendar Creator, MS Office, MS Works, Corel) • Cashiering and equipment (cash register, credit card machine) Ability to: • Communicate effectively both orally and in wiring • Work with the public and deal with irate customers • Respond to questions and complaints in a courteous and tactful manner • Effectively assist customers in solving problems QUALIFYING EDUCATION AND EXPERIENCE (Minimum Requirements) Any combination of education and experience equivalent to a High school diploma or G E D and one year general office experience to include computer and customer service experience PHYSICAL REQUIREMENTS Requires sitting at a desk or computer for long periods of time Must stand, bend, carry, crouch, kneel and reach above, at, and below waist level Lift up to 301bs Able to use fingers to type and keypunch Must be able to talk, hear and see WORKING CONDITIONS Indoor office environment Page 1 of 2 City of Bremerton Classification Specification 2002 OFFICE ASSISTANT I LEGAL and REGULATORY EMPLOYMENT CONDITIONS Fair Labor Standards Act The classification is non - exempt under the laws of Fair Labor Standards Act minimum wage and overtime provisions Representation The classification is included in the bargaining unit pursuant to the Recognition Article of the current labor agreement between the City of Bremerton and the Teamsters Local 589 Civil Service Positions located in the Police or Fire Department are included in the City's Civil Service System, all other are excluded Appointment and Removal Authority: The position is filled by appointment by the Department Head Removal is by action of the Department Head in conformance with Human Resources Policies This classification specification does not constitute an employment agreement between the City and employee. It is subject to change by the City, with the approval of Human Resources, as the needs of the City and requirements change. Page 2 of 2 AGENDA BILL 7A CITY OF BREMERTON CITY COUNCIL ■■ eeeeeee eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeeeeeeeee� SUBJECT: Public Hearing to approve the Study Session Date June 26, 2013 Police Department local solicitation of 2013 COUNCIL MEETING Date July 1, 2013 Justice Assistance Grant (JAG) Application Department Police Presenter Chief Strachan Phone 473 -5224 SUMMARY: The Bremerton Police Department is applying for the local solicitation of the Edward Byrne Memorial Justice Assistance Grant (JAG) Since 2010 JAGs have been used to help fund the salary of the Community Resource Specialist The 2013 JAG will be used for the same purpose This grant will allow the City of Bremerton to continue to sustain the Community Resource Unit and its crime prevention function and programs which include Neighborhood Watch, the Landlord Notification Program and enforcement of the Chronic Nuisance Property Ordinance The grant is from the Department of Justice No matching funds are required of the City The total grant amount is $25,688 ATTACHMENTS Grant Application FISCAL IMPACTS (Include Budgeted Amount) None The JAG funding is a revenue source of $25,688 with no match requirement STUDY SESSION AGENDA ❑x No Presentation O Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑x Public Hearing RECOMMENDED MOTION: Move to approve the 2013 Justice Assistance Grant Application and grant acceptance when awarded, and further, to 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 01/25/13 o p U.S. Department of Justice OMB No 1121 -0329 Office of Justice Programs Bureau ofJusnceAssistawe The U S Department of Justice (DOJ), Office of Justice Programs' (OJP) Bureau of Justice Assistance (BJA) is seelang applications for funding under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. This program furthers the Department's mission by assisting state, local, and tribal efforts to prevent or reduce crime and violence. Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2013 Local Solicitation Eligibility Applicants are limited to units of local government appearing on the FY 2013 JAG Allocations List To view this list, go to www bia Qov /programs /iag /131agallocations html For JAG Program purposes, a unit of local government is a town, township, village, parish, city, county, borough, or other general purpose political subdivision of a state; or, it may also be a federally recognized Indian tribe that performs law enforcement functions (as determined by the Secretary of the Interior) Otherwise a unit of local government may be any law enforcement district or judicial enforcement district established under applicable state law with authority to independently establish a budget and impose taxes. In Louisiana, a unit of local government means a district attorney or parish sheriff. In the District of Columbia or any U.S. Trust Territory, a unit of local government is any agency of the District of Columbia or federal government performing law enforcement functions for the District of Columbia or U.S. Trust Territory. Deadline Applicants must register in OJP's Grants Management System (GMS) prior to submitting an application for this funding opportunity. Select the "Apply Online° button associated with the solicitation title. (See °l-low to Apply," page 19.) All registrations and applications are due by 8:00 p.m. eastern time on July 9, 2013. (See "Deadlines: Registration and Application," page 4.) Contact Information For technical assistance with submitting the application, contact the Grants Management System Support Hotline at 1-888 -549 -9901, option 3, or via e-mail to GMS HelpDesk(a)-usdoi gov Note: The GMS Support Hotline hours of operation are Monday-Fnday from 6.00 a.m. to 12 midnight eastern time, except federal holidays. For assistance with any other requirement of this solicitation, contact the BJA Justice Information Center at 1- 877 - 927 -5657, via e-mail to JICCa)_teleslshg com or by live web chat The BJA Justice Information Center hours of operation are 8:30 a.m. to 5:00 p.m. eastern time, and 8:30 a.m. to 8:00 p.m. eastern time, Monday through Friday, on the solicitation close date. You may also contact your State Policy Advisor www bia gov /About/Contacts /ProgramsOffice html Funding opportunity number assigned to announcement: BJA-2013-3599 Release date: May 30, 2013 BJA-2013-3699 OMB No 1121-0329 Approval Exphes 02/MM13 2 CONTENTS Overview 4 Deadlines : Registration and Application 4 Eligibility 4 Program - Specific Information 4 Amount and Length of Awards 6 Budget Information 6 Other JAG Requirements 9 Reporting Requirements and Performance Measures 11 Priorities 12 What an Application Should Include 14 Information to Complete the Application for Federal Assistance (SF -424) (Required) Abstract and Project Identifiers (Required) Program Narrative (Required) Budget and Budget Narrative (Required) Review Narrative (Required) Tribal Authorizing Resolution (if applicable) Additional Attachments Other Standard Forms Review Process 17 Additional Requirements 18 How To Apply 19 Provide Feedback to OJP on This Solicitation 21 Application Checklist 22 BJA- 2013 -3599 OMB No 1121-0329 Approval Expires 02/28/2013 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: Local Solicitation CFDA #16.738 Overview The Edward Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751(a)) is the primary provider of federal criminal justice funding to state and local junsdictions. The JAG Program provides states and units of local governments with critical funding necessary to support a range of program areas including law enforcement, prosecution and court programs, prevention and education programs, corrections and community corrections, drug treatment and enforcement, crime victim and witness initiatives, and planning, evaluation, and technology improvement programs Deadlines: Registration and Application Applicants must register in GMS prior to submitting application for this funding opportunity. Select the "Apply Online° button associated with the solicitation title. The deadline to register in GMS and the deadline to apply for funding under this announcement is 8.00 p m eastern time on July 9, 2013. See "How To Apply" on page 19 for details. Eligibility Refer to the title page for eligibility under this program. Program -Specific Information Program Areas JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as. • Law enforcement programs. • Prosecution and court programs. • Prevention and education programs. • Corrections and community corrections programs. • Drug treatment and enforcement programs. • Planning, evaluation, and technology improvement programs. • Crime victim and witness programs (other than compensation). Award Recipient Responsibilities: The Chief Executive Officer (CEO) of an eligible unit of local government or other officer designated by the CEO must submit the application for JAG funds. A unit of local government receiving a JAG award will be responsible for the administration of the funds including distributing the funds; monitoring the award; submitting BJA- 2013 -3599 OMB No 1121.0329 Approval Expires 02!2812013 4 quarterly financial status (SF -425) and performance metrics reports and annual programmatic reports; and providing ongoing oversight and assistance to any subrecipients of the funds. Governing Body Review: No fewer than 30 days prior to application submission, the applicant agency (fiscal agent in disparate situations) must make the grant application available for review by the governing body (or to the organization designated by the governing body. See the Review Narrative section on page 15 for additional information. Public Comment: At the time of application submission, the applicant agency (the fiscal agent in disparate situations) must provide an assurance that the application was made public and an opportunity to comment was provided to citizens and neighborhood or community organizations to the extent the applicable law or established procedure makes such an opportunity available. See the Review Narrative section on page 15 for additional information. Prohibited Uses: No JAG funds may be expended outside of JAG program areas. Even within these program areas, however, JAG funds cannot be used directly or indirectly for security enhancements or equipment for nongovernmental entities not engaged in criminal justice or public safety. Additionally, JAG funds may not be used directly or indirectly to provide for any of the following matters unless the BJA Director certifies that extraordinary and exigent circumstances exist; making them essential to the maintenance of public safety and good order. • 'Vehicles, vessels, or aircraft. • "Unmanned aerial vehicles/unmanned aircraft, aircraft system, or aerial vehicles (UA/UAS /UAV). • Luxury items. • Real estate. • Construction projects (other than penal or correctional institutions). • Any similar matters. *Police cruisers, police boats, and police helicopters are allowable vehicles under JAG and do not require BJA certification. "Unmanned Aircraft, Aircraft System, or Aerial Vehicles (UAIUAS/UAV): No JAG funds may be expended on these items unless the BJA Director certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and good order. Also, any grant award using funds for this purpose may be subject to additional reporting criteria, which will be spelled out in a customized special condition attached to the grant award. For information related to requesting a waiver to obtain BJA certification for any prohibited item, or for examples of allowable vehicles that do not require BJA certification, refer to the JAG FAQs on BJA's JAG web page Evidence -Based Programs or Practices OJP places a strong emphasis on the use of data and evidence in policy making and program development in criminal justice. OJP is committed to: • improving the quantity and quality of evidence OJP generates; BJA-20134599 OMB No 1121-0329 Approval Expbw 02/28!2013 5 • integrating evidence into program, practice, and policy decisions within OJP and the field; and • improving the translation of evidence into practice. OJP considers programs and practices to be evidence -based when their effectiveness has been demonstrated by causal evidence, generally obtained through one or more outcome evaluations. Causal evidence documents a relationship between an activity or intervention (including technology) and its intended outcome, including measuring the direction and size of a change, and the extent to which a change may be attributed to the activity or intervention. Causal evidence depends on the use of scientific methods to rule out, to the extent possible, alternative explanations for the documented change. The strength of causal evidence, based on the factors described above, will influence the degree to which OJP considers a program or practice to be evidence- based. OJP's CrimeSolutions gov web site is one resource that applicants may use to find information about evidence -based programs in criminal justice, juvenile justice, and crime victim services. Additionally, when considering evidence -based programs and practices specific to reentry, it is recommended that jurisdictions review the What Works in Reentry Clearinghouse for important research on the effectiveness of a wide variety of reentry programs and practices. The Clearinghouse provides a one -stop shop for practitioners and service providers seeking guidance on evidence -based reentry interventions. Amount and Length of Awards Eligible award amounts under JAG are posted annually on BJA's JAG web page: www bia gov /ProgramDetails aspx ?Program ID =59 Awards of at least $25,000 or more are 4 years in length with an award period of October 1, 2012 through September 30, 2016. Extensions beyond a 4 -year period may be made on a case - by -case basis at the discretion of BJA and must be requested via the Grants Management System (GMS) no less than 30 days prior to the grant end date. Awards that are less than $25,000 are 2 years in length with an award period of October 1, 2012 through September 30, 2014. Requests for up to two additional years to complete performance of the award will be granted automatically, pursuant to 42 U.S.C. § 3751(f). Extensions beyond a 4 -year period may be made on a case -by -case basis at the discretion of BJA and must be requested via the Grants Management System (GMS) no less than 30 days prior to the grant end date. All awards are subject to the availability of appropriated funds and to any modifications or additional requirements that may be imposed by law. Budget Information Applicants must submit a budget and budget narrative outlining how JAG funds, including administrative funds d applicable, will be used to support and implement the program. See the budget narrative description under "What an Application Should Include" on page roc for more information. BJA-2013-3599 OMB No 1121 -M Approval Expires 02/WM13 6 Formula: Once each fiscal year's overall JAG Program funding level is determined, BJA partners with the Bureau of Justice Statistics (BJS) to begin a four -step grant award calculation process which consists of: 1. Computing an initial JAG allocation for each state and territory, based on their share of violent crime and population (weighted equally). 2. Reviewing the initial JAG allocation amount to determine if the state or territory allocation is less than the minimum (ode minmmus ") award amount defined in the JAG legislation (0 25 percent of the total). If this is the case, the state or territory is funded at the minimum level, and the funds required for this are deducted from the overall pool of JAG funds Each of the remaining states receives the minimum award plus an additional amount based on their share of violent crime and population. 3 Dividing each state's final award amount (except for the territories and District of Columbia) between state and local governments at a rate of 60 and 40 percent, respectively. 4. Determining local unit of government award allocations, which are based on their proportion of the state's 3 -year violent crime average. If a local eligible award amount is less than $10,000, the funds are returned to the state to be awarded to these local units of government through the state agency. If the eligible award amount is $10,000 or more, then the local government is eligible to apply for a JAG award directly from BJA. Administrative Funds: A unit of local government may use up to 10 percent of the award, including interest, for costs associated with administering JAG funds Supplanting: Supplanting is prohibited under JAG Applicants cannot replace or supplant non- federal funds that have been appropriated for the same purpose. See the JAG FAQs on BJA's JAG web Page for examples of supplanting. Leveraging of Grant Funds: Although supplanting is prohibited, the leveraging of federal funding is encouraged. For example, a city may utilize JAG and Homeland Security Grant Program (HSGP) money to fund different portions of a fusion center project. in instances where leveraging occurs, all federal grant funds must be tracked and reported on separately and may not be used to fund the same line items Additionally, federal funds cannot be used as match for other federal awards. Disparate Certification: A disparate allocation occurs when a city or municipality is allocated one - and - one -half times (150 percent) more than the county, while the county bears more than 50 percent of the costs associated with prosecution or incarceration of the municipality's Part 1 violent cnmes. A disparate allocation also occurs when multiple cities or municipalities are collectively allocated four times (400 percent) more than the county, and the county bears more than 50 percent of the collective costs associated with prosecution or incarceration of each municipality's Part 1 violent crimes. * Jurisdictions certified as disparate must identify a fiscal agent that wdi submit a joint application for the aggregate eligible allocation to all disparate municipalities. The joint application must determine and specify the award distribution to each unit of local government and the purposes for which the funds will be used. When beginning the JAG BJA-2013-3599 OMB No 1121-0329 Approval Expires 0212 M13 7 application process, a Memorandum of Understanding (MOU) that identifies which jurisdiction will serve as the applicantifiscal agent for joint funds must be completed and signed by the Authorized Representative for each participating jurisdiction. The signed MOU should be attached to the application. For a sample MOU, go to www bia Qov /Funding /JAGMOU Pd Trust Fund: Award recipients may draw down JAG funds in advance. To do so, a trust fund must be established in which to deposit the funds. The trust fund may or may not be an interest - bearing account. If subrecipients draw down JAG funds in advance, they also must establish a trust fund in which to deposit funds This trust fund requirement does not apply to direct JAG award recipients or subrecipients that draw -down on a reimbursement basis rather than in advance. Limitation on Use of Award Funds for Employee Compensation; Waiver: With respect to any award of more than $250,000 made under this solicitation, recipients may not use federal funds to pay total cash compensation (salary plus cash bonuses) to any employee of the award recipient at a rate that exceeds 110 percent of the maximum annual salary payable to a member of the Federal Government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. The 2013 salary table for SES employees is available at www opm gov /oca/13tables /indexSES asp Note: A recipient may compensate an employee at a greater rate, provided the amount in excess of this compensation limitation is paid with non-federal funds. (Any such additional compensation will not be considered matching funds where match requirements apply ) The Assistant Attorney General (AAG) for OJP may exercise discretion to waive, on an individual basis, the limitation on compensation rates allowable under an award. An applicant requesting a waiver should include a detailed justification in the budget narrative of the application. Unless the applicant submits a waiver request and justification with the application, the applicant should anticipate that OR will request the applicant to adjust and resubmit the budget. The justification should include the particular qualifications and expertise of the individual, the uniqueness of the service the individual will provide, the individual's specific knowledge of the program or project being undertaken with award funds, and a statement explaining that the individual's salary is commensurate with the regular and customary rate for an individual with his/her qualifications and expertise, and for the work to be done Minimization of Conference Costs: OJP encourages applicants to review the OJP guidance on conference approval, planning, and reporting that is available on the OJP web site at www oip gov /funding /confcost htm This guidance sets out the current OJP policy, which requires all funding recipients that propose to hold or sponsor conferences (including meetings, trainings, and other similar events) to minimize costs, requires OJP review and prior written approval of most conference costs for cooperative agreement recipients (and certain costs for grant recipients), and generally prohibits the use of OJP funding to provide food and beverages at conferences. The guidance also sets upper limits on many conference costs, including facility space, audiovisual services, logistical planning services, programmatic planning services, and food and beverages (in the rare cases where food and beverage costs are permitted at all). Prior review and approval of conference costs can take time (see the guidance for specific deadlines), and applicants should take this into account when submitting proposals. Applicants Bin- 2013-3699 OMB No 1121-0329 Approval Expkw 02/2 M13 8 also should understand that conference cost limits may change and that they should check the guidance for updates before incumng such costs. Note on food and beverages OJP may make exceptions to the general prohibition on using OJP funding for food and beverages, but will do so only in rare cases where food and beverages are not otherwise available (e.g., in extremely remote areas); the size of the event and capacity of nearby food and beverage vendors would make it impractical to not provide food and beverages, or a special presentation at a conference requires a plenary address where conference participants have no other time to obtain food and beverages. Any such exception requires OJP's prior written approval The restriction on food and beverages does not apply to water provided at no cost, but does apply to any and all other refreshments, regardless of the size or nature of the meeting Additionally, this restriction does not affect direct payment of per them amounts to individuals in a travel status under your organization's travel policy. Costs Associated with Language Assistance (if applicable): If an applicant proposes a program or activity that would deliver services or benefits to individuals, the costs of taking reasonable steps to provide meaningful access to those services or benefits for individuals with limited English proficiency may be allowable. Reasonable steps to provide meaningful access to services or benefits may include interpretation or translation services where appropriate. For additional information, see the "Cnal Rights Compliance" section of the OJP "Other Requirements for OJP Applications" web page at www oip usdoi gov /funding /other requirements htm Match Requirement: While match is not required under the JAG Program, match is an effective strategy to expand justice funds and build buy -in for local criminal justice initiatives. Matching funds become part of the overall award amount, and as such are subject to audit and must be expended or dsobligated prior to closeout. Other JAG Requirements Body Armor Certification • Ballistic- resistant and stab - resistant body armor can be funded through two BJA- administered programs. the JAG Program and the Bulletproof Vest Partnership (BVP) Program. • The BVP Program is designed to provide a cnbcal resource to state and local law enforcement through the purchase of ballistic- resistant and stab - resistant body armor. A junsdiction is able to request up to 50 percent of the cost of a vest with BVP funds. For more information on the BVP Program, including eligibility and application, refer to the BVP web Page • JAG funds may also be used to purchase vests for an agency, but they may not be used to pay for that portion of the ballistic-resistant vest (50 percent) that is not covered by BVP funds. Unlike BVP, JAG funds used to purchase vests do not require a 50 percent match • Vests purchased with JAG funds may be purchased at any threat level, make, or model from any distributor or manufacturer, as long as the vests have been tested and found to comply with the latest applicable National Institute of Justice ballistic or stab standards. In addition, vests purchased must be American -made. Information on the latest National Institute of BJA 2013 -3599 OMB No 1121-0329 Approval Expires 02/28/2013 9 justice (NIJ) standards can be found at: www nn gov /topics /technology /body- armor /safety- initiative htm • As is the case in BVP, grantees who wish to purchase vests with JAG funds must certify that law enforcement agencies receiving vests have a written "mandatory wear" policy in effect. FAQs related to the mandatory wear policy and certifications can be found at www bia Qov /Funding /JAGFAQ pdf This policy must be in place for at least all uniformed officers before any FY 2013 funding can be used by the agency for vests There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty. The certification must be signed by the certifying official and must be attached to the application. If the grantee proposes to change project activities to utilize JAG funds to purchase bulletproof vests after the application period (during the project period), then the grantee must submit the signed certification to BJA at that time. A mandatory wear concept and issues paper and a model policy are available by contacting the BVP Customer Support Center vests(& -usdoi Qov or toll free at 1- 877 -758- 3787. • A copy of the certification related to the mandatory wear can be found at www bia gov /Funding /13JAGBVPCert pd Interoperable Communications • Grantees (including subgrantees) that are using FY 2013 JAG Program funds to support emergency communications activities (including the purchase of interoperable communications equipment and technologies such as voice - over- intemet protocol bridging or gateway devices, or equipment to support the build out of wireless broadband networks in the 700 MHz public safety band under the Federal Communications Commission (FCC) Waiver Order) must ensure: ➢ Compliance with the FY 2013 SAFECOM Guidance for Emergency Communication Grants (including provisions on technical standards that ensure and enhance interoperable communications). ➢ Adherence to the technical standards set forth in the FCC Waiver Order, or any succeeding FCC orders, rules, or regulations pertaining to broadband operations in the 700 MHz public safety band ➢ Projects support the Statewide Communication Interoperabiliity Plan (SCIP) and are fully coordinated with the full -time Statewide interoperabiliity Coordinator (SWIC) in the state of the project. As the central coordination point for their state's interoperabildy effort, the SWIC plays a critical role, and can serve as a valuable resource. SWICs are responsible for the implementation of the SCIP through coordination and collaboration with the emergency response community. The U.S. Department of Homeland Security Office of Emergency Communications maintains a list of SWICs for each of the 56 states and temtones. Contact OEC(g)-hg dhs gov ➢ All communications equipment purchased with grant award funding (plus the quantity purchased of each item) is identified during quarterly performance metrics reporting. DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database If JAG program funds will be used for DNA testing of evidentiary materials, any resulting ell ible DNA profiles must be uploaded to the Combined DNA Index System (CODIS, the national DNA BJA 2013-3599 OMB No 11214)329 Approve) EXPWW 0?lMM13 10 database operated by the Federal Bureau of Investigation (FBI)), by a government DNA lab with access to CODIS No profiles generated with JAG funding may be entered into any other non- governmental DNA database without prior express written approval from BJA. For more information, refer to the NIJ FY 2013 DNA Backlog Reduction Program, available at www ncirs gov /pdffilesl /nii/s1001062 Ddf in addition, funds may not be used for purchase of DNA equipment and supplies when the resulting DNA profiles from such technology are not accepted for entry into CODIS. Reporting Requirements, Performance Measures, and JAG Showcase Submission of performance measures data is not required for the application. Instead, applicants should discuss in their application their proposed methods for collecting data for performance measures Refer to the section "What an Application Should Include" on page 15 for additional information Award recipients will be required to submit quarterly financial status (SF -425) and annual programmatic reports through GMS quarterly performance metrics reports (see Performance Measures section below) through BJA's Performance Measurement Tool PMT), and Federal Funding Accountability and Transparency Act ( FFATA) reports through the FFATA Sub -award Reporting System (FSRS) as necessary (see FFATA section below). Performance Measures To assist in fulfilling the Department's responsibilities under the Government Performance and Results Act of 1993 (GPRA), P.L 103 -62, and the GPRA Modernization Act of 2010, Public Law 111 -352, applicants who receive funding under this solicitation must provide data that measures the results of their work done under this solicitation. Quarterly performance metrics reports must be submitted through BJXs Performance Measurement Tool (PMT) web site, available at www.biaperformancetools.org The performance measures can be found at: www.biaperformancetools.or-qlhelp/JAGMeasuresQuestionnalre.pd on Project Evaluations Applicants that propose to use funds awarded through this solicitation to conduct project evaluations should be aware that certain project evaluations (such as systematic investigations designed to develop or contribute to generalizable knowledge) may constitute "research" for purposes of applicable DOJ human subjects protection regulations. However, project evaluations that are intended only to generate internal improvements to a program or service, or are conducted only to meet OJP's performance measure data reporting requirements likely do not constitute "research." Applicants should provide sufficient information for OJP to determine whether the particular project they propose would either intentionally or unintentionally collect and/or use information in such a way that it meets the DOJ regulatory definition of research. Research, for the purposes of human subjects protections for OJP- funded programs, is defined as, " a systematic investigation, including research development, testing, and evaluation, designed to develop or contribute to generalizable knowledge" 28 C.F.R. § 46.102(d). For additional information on determining whether a proposed activity would constitute research, see the decision tree to assist applicants on the "Research and the Protection of Human Subjects° section of the OJP °Other Requirements for OJP Applications" Web page (www oip usdoi gov /funding /other requirements htm) Applicants whose proposals may involve BJA- 2013 -3599 OMB No 1121-0329 Approval Expires 02/2812013 11 a research or statistical component also should review the °Confidentiality° section on that Web page. Notice of Post -Award FFATA Reporting Requirement Applicants should anticipate that OJP will require all recipients (other than individuals) of awards of $25,000 or more under this solicitation, consistent with the Federal Funding Accountability and Transparency Act of 2006 ( FFATA), to report award information on any first-ter subawards totaling $25,000 or more, and, in certain cases, to report information on the names and total compensation of the five most highly compensated executives of the recipient and first -tier subrecipients. Each applicant entity must ensure that it has the necessary processes and systems in place to comply with the reporting requirements should it receive funding. Reports regarding subawards will be made through the FFATA Subaward Reporting System (FSRS), found at www fsrs gov Note also that applicants should anticipate that no subaward of an award made under this solicitation may be made to a subrecipient (other than an individual) unless the potential subrecipient acquires and provides a Data Universal Numbering System (DUNS) number. JAG Showcase This JAG Showcase was designed to identify and highlight JAG projects that have demonstrated success or have shown promise in reducing crime, positively impacting communities, etc Because the JAG program provides state, tribal, and local jurisdictions with flexibility to tailor the programs to fit their needs, a wide variety of programs have been funded across the country. Each year, new methods to reduce and prevent crime, violence, and drug abuse; and, to improve the functioning of the criminal justice system are being discovered. BJA strives to increase awareness of JAG funds invested in innovation, evidence -based programs and program evaluations This page is intended to serve as a resource for criminal justice professionals in the field who seek to stay informed of some the most interesting, innovative, results oriented projects that have been funded with JAG money in the last several years. JAG success stories success stones should include the: name and location of program/project; point of contact with phone and e-mail; amount of JAG funding received and in which fiscal year; and a brief summary describing the program/pmject and its impact. BJA strongly encourages and appreciates annual (or more frequent) submissions at JAG.Showcase(-ojp.usdoi.gov or via the online form Priorities BJA recognizes that the downturn in the economy has resulted in significant pressures on state and local criminal justice systems. In these challenging times, shared priorities and leveraged resources can make a significant impact. In light of this, it is important to make SAM and local JAG recipients aware of several areas of priority that may be of help in maximizing the effectiveness of JAG funding at the state and local level. In addition to our longstanding and unwavering commitment to keeping violent crime at its lowest level in decades, the following priorities represent key areas where BJA will be focusing nationally and invite each state and local JAG recipient to join us in addressing these challenges as a part of our JAG partnership. BJA - 2013-3599 OMB No 1121 -0329 Approval Expirea 02/2812013 12 Reducing Gun Violence In the aftermath of the Sandy Hook Elementary School tragedy and mass shootings in Aurora, Oak Creek, and Tucson, BJA encourages states and localities to invest valuable JAG funds in programs to reduce gun violence, enforce existing firearms laws, and enhance reporting to the FBI's National Instant Criminal Background Check System. Other important priorities include strengthening school safety, improving criminal justice /mental health collaborations, and supporting joint first responder critical incident training. Recidivism Reduction and Justice System Realignment In this time of fiscal austerity and smaller state and local budgets, reducing unnecessary incarceration in a manner that promotes public safety is a paramount goal. Effective community supervision coupled with evidence -based program interventions can result in significant reductions in recidivism A priority funding area is the implementation of effective pretrial services programs and innovative programs and approaches in probation and parole supervision that improve services to offenders and increase collaborative efforts among community supervision agencies with law enforcement and the courts. Currently 17 states and local governments are working to control spiraling incarceration costs through justice system reforms and realignment under the Justice Reinvestment Initiative (JRI). Strategic investment of JAG funds to implement JRI legislation and policy changes in those states and localities can augment federal funds and achieve greater cost savings and reinvestments in programs to promise public safety Indigent Defense Another key priority area in the criminal justice system is support for indigent defense. BJA continues to encourage states and SAAs to use JAG funds to support the vital needs of the indigent defense community. Attorney General Holder has consistently stressed that the crisis in indigent defense reform is a serious concern which must be addressed d true justice is to be achieved in our nation. In 2002, the American Bar Association (ABA) published Ten Principles of a Public Defense Delivery System which represent fundamental budding blocks for implementing quality legal representation for indigent defendants. (See ABA Ten Principles ) Evidence -Based "Smart" Programs As a result of the current fiscal crisis, many police departments are experiencing unprecedented budget cuts, layoffs, and reductions in force. These challenges must be met by making wider use of advancements in the law enforcement field in the last several decades which rely on use of data, crime analysis, crime mapping and other analytic tools, cutting edge technology, and research and evaluations regarding effective policing strategies and programs. BJA offers a number of program models designed to effectively implement evidence based strategies including Smart Policing and Smart Probation. A useful matrix of evidence -based policing programs and strategies is available through the Center for Evidence -Based Policy at George Mason University and provides valuable information on policing strategies and programs that work. BJA encourages states to use JAG funds to support these "smart policing" strategies, including a focus on real time crime analysis centers (CACs), and effective partnerships with universities and research partners and with non - traditional criminal justice partners. Counterterrorism continues to be the number one priority for DOJ. At the state and local level, 8JA- 2013.3599 OMB No 1121.0329 Approval Expires 02/2812013 13 high functioning, evidence- based, data - driven public safety agencies are a critical component of our nation's "all crimes" strategy. In addition, the JAG Program has long supported effective and collaborative multi- jurisdictional task forces and justice information sharing programs, which continue as a priority in order to maintain our nation's historic reductions in violent crime. What an Application Should Include Applicants should anticipate that d they fail to submit an application that contains all of the specked elements, it may negatively affect the review of their application; and, should a decision be made to make an award, it may result in the inclusion of special conditions that preclude the recipient from accessing or using award funds pending satisfaction of the conditions. Refer to the BJA Grant Writing and Management Academy and OJP's Grants 101 for an overview of what should be included in each application requirement. These trainings can be found at bia ncirs qov /gwma/index html and www oiq Qov /arants101 / OJP strongly recommends use of appropriately descriptive file names (e.g., "Program Narrative," °Budget Narrative," °Memoranda of Understanding," etc.) for all attachments. 1. Information to Complete the Application for Federal Assistance (SF -424) The SF-424 is a standard form required for use as a cover sheet for submission of pre - applications, applications, and related information. GMS takes information from the applicant's profile to populate the fields on this form. 2. Abstract Applicants must provide an abstract that includes the applicants name, title of the project, goals of the project, and a description of the strategies to be used. In addition, above or below the abstract narrative, applicants must Identify up to 5 project Identifiers that would be associated with proposed project activities. The list of all identifiers can be found at www bia gov /Funding /JAG Identifiers Pd f . The abstract should not exceed a half -page, or 400 -500 words. Failure to submit this required information will result In an application being returned In the Grants Management System (GMS) for inclusion of the missing information OR the attachment of a withholding of funds special condition at the time of award. 3. Program Narrative Applicants must submit a program narrative that generally describes the proposed program activities for the two or four year grant period. The narrative must outline the type of programs to be funded by the JAG award and provide a brief analysis of the need for the programs. Narratives must also identify anticipated coordination efforts involving JAG and related justice funds. Certified disparate jurisdictions submitting a joint application must specify the funding distribution to each disparate unit of local government and the purposes for which the funds will be used. Failure to submit this required information will result in an application being returned In the Grants Management System (GMS) for inclusion of the missing Information OR the attachment of a withholding of funds special condition at the time of award. BJA- 2013 -3599 OMB No 1121-0329 Approval Expires OY/2 W13 14 4. Budget and Budget Narrative Applicants must submit a budget and budget narrative outlining how JAG funds, including administrative funds if applicable, will be used to support and implement the program. This narrative should include a full breakdown of administrative costs, as well as an overview of how funds will be allocated across approved JAG purpose areas Applicants should utilize the following approved budget categories to label the requested administrative and/or sub - grant expenditures: Personnel, Fringe Benefits, Travel, Equipment, Supplies, Consultants/Contracts, and an Other category. For informational purposes only, a sample budget form may be found at www oip usdoi Qov /funding /forms /budget detail pdf Failure to submit this required information will result in an application being returned In the Grants Management System (GMS) for inclusion of the missing Information OR the attachment of a withholding of funds special condition at the time of award. 5. Review Narrative Applicants must submit information documenting that the date the JAG application was made available for review by the governing body, or to an organization designated by that governing body, not less than 30 days before the application was submitted to BJA. The attachment must also specify that an opportunity to comment was provided to citizens prior to application submission to the extent applicable law or established procedures make such opportunity available. Below are notification language templates that can be utilized in completing this section of the application. The (provide name of State/Territorv) made its Fiscal Year 2013 JAG application available to the (provide name of governing body) for its review and comment on (provide date) or intends to do so on (provide date) The (provide name of City /County for Local JAG and name of State for State JAG) made its Fiscal Year 2013 JAG application available to citizens for comment prior to application submission by (provide means of notification) or the application has not yet been made available for public review /comment. Failure to submit this required information will result In an application being returned In the Grants Management System (GMS) for inclusion of the missing information OR the attachment of a withholding of funds special condition at the time of award. 6 Tribal Authorizing Resolution (if applicable) Tribes, tribal organizations, or third parses proposing to provide direct services or assistance to residents on tribal lands should include in their applications a resolution, a letter, affidavit, or other documentation, as appropriate, that certifies that the applicant the legal authority from the tnbe(s) to implement the proposed project on tribal lands. In those instances when an organization or consortium of tribes applies for a grant on behalf of a tribe or multiple specific tribes, then the application should include appropriate legal documentation, as described above, from all tribes that would receive services/assistance under the grant A consortium of tribes for which existing consortium bylaws allow action without support from all tribes in the consortium (i.e., without an authorizing resolution or comparable legal documentation from each tribal governing body) may submit, instead, a copy of its consortium bylaws with the application. BA-2013-W99 OMB No 1121-0329 Approval EY*W 0212 M13 is Applicants that are unable to submit with the application a fully- executed (i.e , signed) copy of appropriate legal documentation, as described above, consistent with the applicable tribe's governance structure, should, at minimum, submit an unsigned, draft version of such legal documentation as part of its application (except in cases where, with respect to a tribal consortium applicant, consortium bylaws allow action without the support of all consortium member tribes). If selected for funding, use of and access to funds will be contingent on receipt of the fully- executed legal documentation. 7. Additional Attachments Jurisdictions certified as disparate must identify a fiscal agent that will submit a joint application for the aggregate eligible allocation to all disparate municipalities The joint application must determine and specify the award distribution to each unit of local government and the purposes for which the funds will be used. When beginning the JAG application process, a Memorandum of Understanding (MOU) that identifies which jurisdiction will serve as the applicant/fiscal agent for point funds must be completed and signed by the Authorized Representative for each participating jurisdiction. The signed MOU must be attached to the application For a sample MOU, go to www bia gov /Funding /JAGMOU pdf Failure to submit this required Information will result in an application being change requested in the Grants Management System (GMS) for inclusion of the missing Information OR the attachment of a withholding special condition at the time of award If time does not permit for a change request process. S. Applicant Disclosure of Pending Applications Applicants are to disclose whether they have pending applications for federally funded assistance that include requests for funding to support the same project being proposed under this solicitation and will cover the identical cost items outlined in the budget narrative and worksheet in the application under this solicitation. The disclosure should include both direct applications for federal funding (e.g., applications to federal agencies) and indirect applications for such funding (e.g , applications to State agencies that will be subawarding federal funds). OJP seeks this information to help avoid any inappropriate duplication of funding. Leveraging multiple funding sources in a complementary manner to implement comprehensive programs or projects is encouraged and is not seen as inappropriate duplication. Applicants that have pending applications as described above are to provide the following information about pending applications submitted within the last 12 months: • the federal or state funding agency • the solicitation name /project name • the point of contact information at the applicable funding agency BJA- 2013.3599 OMB No 1121-0329 Approval Expires 02/2M13 16 Federal or State Solicitation Name/Phone/E -fnail for Point of Contact at Funding Funding Name/Project Name Agency Agency F n FF z= DOJ/COPS COPS Hiring Prograr j /� Sane I \ e I Q2 /000-00 0. jandLdoe@usdoj.gov HHS/ Substance Drug Free Comm u' n ndles Joh Doe, 2 john`doe @hhs gov Abuse & Mental Mentonng Program/ Health Seances North County Youth Administration Mentonng Program Applicants should include the table as a separate attachment, with the file name °Disclosure of Pending Applications," to their application. Applicants that do not have pending applications as described above are to include a statement to this effect in the separate attachment page. (e g , °[Applicant Name] does not have pending applications submitted within the last 12 months for federally funded assistance that include requests for funding to support the same project being proposed under this solicitation and will cover the identical cost items outlined in the budget narrative and worksheet in the application under this solicitation. °) 9. Other Standard Forms Additional forms that may be required in connection with an award are available on OJP's funding page at www oip usdoi -goy/funding/forms htm For successful applicants, receipt of funds may be contingent upon submission of all necessary forms. Note in particular the following forms: a. Standard Assurances" Applicants must read, certify, and submit this form in GMS prior to the receipt of any award funds. b. Certifications Regarding Lobbying, Debarment. Suspension and Other Responsibility Matters, and Drug -Free Workplace Requirements'' Applicants must read, certify and submit in GMS prior to the receipt of any award funds. c. Accounting System and Financial Capability Questionnaire Any applicant (other than an individual) that is a non - governmental entity and that has not received any award from OJP within the past 3 years must download, complete, and submit this form. "These OJP Standard Assurances and Certifications are forms which applicants accept in GMS. They are not additional forms to be uploaded at the time of application submission. Review Process OJP is committed to ensuring a fair and open process for awarding grants. BJA reviews the application to make sure that the information presented is reasonable, understandable, measurable, and achievable, as well as consistent with the solicitation. Applications for formula awards will be reviewed to ensure statutory requirements have been met. BJA- 2013 -3599 OMB No 1121.0329 Approval Expires 02/28!2013 17 Absent explicit statutory authorization or written delegation of authority to the contrary, all final grant award decisions will be made by the Assistant Attorney General will make all final award decisions. Additional Requirements Applicants selected for awards must agree to comply with additional legal requirements upon acceptance of an award. OJP encourages applicants to review the information pertaining to these additional requirements prior to submitting an application. Additional information for each requirement can be found at www oip usdoi Qov /funding /other requirements htm • Civil Rights Compliance • Civil Rights Compliance Specific to State Administering Agencies • Faith -Based and Other Community Organizations • Confidentiality • Research and the Protection of Human Subjects • Anti- Lobbying Act • Financial and Government Audit Requirements • National Environmental Policy Act (NEPA) • DOJ Information Technology Standards (if applicable) • Single Point of Contact Review • Non - Supplanting of State or Local Funds • Criminal Penalty for False Statements • Compliance with Office of Justice Programs Financial Guide • Suspension or Termination of Funding • Nonprofit Organizations • For - profit Organizations • Government Performance and Results Act (GPRA) • Rights in Intellectual Property • Federal Funding Accountability and Transparency Act of 2006 (FFATA) BJA- 2013 -3599 OMB No 1121 -0329 Approve! Expires 02/28!2013 18 • Awards in Excess of $5,000,000 — Federal Taxes Certification Requirement • Policy and Guidance for Conference Approval, Planning, and Reporting • OJP Training Guiding Principles for Grantees and Subgrantees How To Apply Applicants must submit applications through the Grants Management System GMS , which provides cradle to grave support for the application, award, and management of awards at OJP. Applicants must register In GMS for each specific funding opportunity. Although the registration and submission deadlines are the same, OJP urges applicants to register immediately, especially if this is their first time using the system. Complete instructions on how to register and submit an application in GMS can be found at www oip usdoi qov /gmscbt/ Applicants that experience technical difficulties during this process should e-mail GMS HeIDDeska -usdoi gov or call 888 -549 -9901 (option 3), Monday — Friday from 6.00 a.m. to midnight eastern time, except federal holidays. OJP recommends that applicants register Immediately to prevent delays in submitting an application package by the deadline. All applicants should complete the following steps: 1. Acquire a Data Universal Numbering System (DUNS) number. In general, the Office of Management and Budget requires that all applicants (other than individuals) for federal funds include a DUNS number in their application for a new award or a supplement to an existing award. A DUNS number is a unique nine -digit sequence recognized as the universal standard for identifying and differentiating entities receiving federal funds. The identifier is used for tracking purposes and to validate address and point of contact information for federal assistance applicants, recipients, and subrecipients. The DUNS number will be used throughout the grant fife cycle. Obtaining a DUNS number is a free, one -time activity. Call Dun and Bradstreet at 866 - 705 -5711 to obtain a DUNS number or apply online at www dnb com A DUNS number is usually received within 1 -2 business days. 2. Acquire registration with the System for Award Management (SAM). SAM replaces the Central Contractor Registration (CCR) database as the repository for standard information about federal financial assistance applicants, recipients, and subrecipients. OJP requires that all applicants (other than individuals) for federal financial assistance maintain current registrations in the SAM database. Applicants must update or renew their SAM registration annually to maintain an active status. Applicants that were previously registered in the CCR database must, at a minimum: • Create a SAM account, • Log in to SAM and migrate permissions to the SAM account (all the entity registrations and records should already have been migrated). Information about SAM registration procedures can be accessed at www sam Qov 3 Acquire a GMS usemame and password. New users must create a GMS profile by selecting the "First Time User" link under the sign -in box of the GMS home page. For more Information on how to register in GMS, go to www oip usdoi gov/gmscbt/ BJA 2013-3599 OMB No 1121.0329 Approval Expires 02!2812013 19 4. Verify the SAM registration in GMS, formerly CCR registration. OJP requests that all applicants venfy their SAM registration in GMS. Once logged into GMS, click the "CCR Claim" link on the left side of the default screen. Click the submit button to verify the SAM (formerly CCR) registration. 5. Search for the funding opportunity on GMS. After logging into GMS or completing the GMS profile for usemame and password, go to the "Funding Opportunihes" link on the left side of the page. Select "Bureau of Justice Assistance" and the "Edward Byrne Memorial Justice Assistance Grant (JAG) Program —Local Solicitation." 6. Register by selecting the "Apply Online" button associated with the solicitation title. The search results from step 5 will display the solicitation title along with the registration and application deadlines for this funding opportunity. Select the "Apply Online" button in the "Action" column to register for this solicitation and create an application in the system. 7. Complete the Disclosure of Lobbying Activities, if applicable. Any applicant that expends any funds for lobbying activities must provide the detailed information requested on the form, Disclosure of Lobbying Activities SF -LLL). 8 Follow the directions in GMS to submit an application consistent with this solicitation. Once submitted, GMS will display a confirmation screen stating the submission was successful. Important: In some instances, applicants must wait for GMS approval before they can submit an application OJP urges applicants to submit the application at least 72 hours prior to the due date of the application. Note: GMS does not accept executable file types as application attachments These disallowed file types include, but are not limited to, the following extensions: ".com," " bat," ".exe," ".vbs," ".cfg," ".dat," " db," ".dbf," " dll," ".ini," ".log," ".ora," ".sys," and " zip." Note: Duplicate Applications If an applicant submits multiple versions of an application, BJA will review the most recent version submitted. Experiencing Unforeseen GMS Technical Issues Applicants that experience unforeseen GMS technical issues beyond their control that prevent them from submitting their application by the deadline, must e-mail the BJA Programs Office staff within 24 hours after the application deadline and request approval to submit their application. The e-mail must describe the technical difficulties and include a timeline of the applicant's submission efforts, the complete grant application, the applicants DUNS number, and any GMS Help Desk or SAM tracking number(s). Note: BJA does not automatically approve requests. After the program office reviews the submission, and contacts the GMS Help Desk to validate the reported technical issues, OJP will inform the applicant whether the request to submit a late application has been approved or denied. If the technical issues reported cannot be validated, the application will be rejected as untimely. The following conditions are not valid reasons to permit late submissions: (1) failure to register in sufficient time, (2) failure to follow GMS instructions on how to register and apply as posted BSA- 2013 -3599 OMB No 1121-0329 Approval Expires 02MM13 20 on its Web site, (3) failure to follow each instruction in the OJP solicitation, and (4) technical issues with the applicant's computer or information technology environment, including firewalls. Notifications regarding known technical problems with GMS, if any, are posted at the top of the OJP funding Web page at www.oip.usdoi.gov /funding /solicitations.htm Provide Feedback to OJP on This Solicitation To assist OJP in improving its application and award processes, we encourage applicants to provide feedback on this solicitation, the application submission process, and/or the application review /peer review process Feedback may be provided to OJPSolicitationFeedback(D-usdoi qov IMPORTANT: This email is for feedback and suggestions only. Replies are not sent from this mailbox. If you have specific questions on any program or technical aspect of the solicitation, you must directly contact the appropriate number or email listed on the front of this solicitation document. These contacts are provided to help ensure that you can directly reach an individual who can address your specific questions in a timely manner. If you are interested in being a reviewer for other OJP grant applications, please email your resume to oippeerreview(&-Imbps com The OJP Solicitation Feedback email account will not forward your resume. Note: Neither you nor anyone else from your organization can be a peer reviewer in a competition in which you or your organization have submitted an application. aJA- 2013 -3599 OMB No 1921.0329 Approval Expbw 02012013 21 Application Checklist Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2013 Local Solicitation The application checklist has been created to assist in developing an application. Eligibility Requirement: Jurisdiction listed as the legal name on the application corresponds with the eligible junsdicbon listed on BJA's JAG web page Federal amount requested is within the allowable limit of the FY 2013 JAG Allocations List as listed on BJA's JAG web page What an Application Should Include: Application for Federal Assistance (SF -424) (see page 14) Abstract (see page 15) Program Narrative (see page 14) Budget and Budget Narrative (see page 15) Review Narrative (see page 15) Applicant Disclosure of Pending Applications (see page 16) Other Standard Forms, if applicable (see page 17) DUNS Number (see page 19) SAM Registration (see page 19) Disclosure of Lobbying Activities, if applicable SF -LLL (see page 20) oldB No 1121-0329 BJM2013 -3599 Approval Expires 02/2912013 22 2013 WASHINGTON JAG ALLOCATIONS Listed below are all jurisdictions in the state that are eligible for FY 2013 JAG funding, as determined by the JAG formula If your jurisdiction is listed with another city or county government in a shaded area, you are In a funding disparity. in this ease, the units of local government must develop a Memorandum of Understanding (MOU) and apply for an award with a single, joint application. Finding your jurisdiction:(1) Disparate jurisdictions are listed in shaded groups below, in alphabetic order by county.(2) Eligible individual allocations are listed alphabetically below the shaded, disparate groupings. Counties that have an asterisk (*) under the "Eligible Individual Allocation" column did not submit the level of violent crime data to qualify for a direct award from BJA, but are in the disparate grouping Indicated by the shaded area. The JAG legislation requires these counties to remain a partner with the local jurisdictions receiving funds and must be a signatory on the required Memorandum of Understanding (MOU). A sample MOU is provided online at: httos:// www.bla.aov/FundinalJAGMOU.adf Disparate jurisdictions do not need to abide by the listed individual allocations, which are provided for information only. Jurisdictions in a funding disparity are responsible for determining individual amounts within the Eligible Joint Allocation and for documenting Individual allocations in the MOU. For additional details regarding the JAG formula and award calculation process, with examples, please refer to the updated JAG Technical report: httos://www bia. uov /Pubiieations/JAGTechRoLodf For JAG Frequently Asked Questions, please refer to 13JXs JAG webpage: httos:/ /www.bia.aoWFundina/JAGFAQ.odf WA BENTON COUNTY County WA KENNEWICK CITY Municipal $24,189 $24,189 WA CLARK COUNTY County $25,994 WA VANCOUVER CITY Municipal $66,775 $92,769 WA COWLITZ COUNTY County WA LONGVIEW CITY Municipal $14,036 $14,036 I WA FRANKLIN COUNTY County WA PASCO CITY Munici $20,782 $20,782 WA KING COUNTY County $50,183 WA AUBURN CITY Municipal $26,846 WA BELLEVUE CITY Municipal $14,990 WA KENT CITY Municipal $53,999 WA RENTON CITY Municipal $30,185 WA SEATTLE CITY Municipal $376,118 WA TUKWILA CITY Municipal $17,375 WA SEATAC CITY Municipal $12,844 WA FEDERAL WAY CITY Municipal $31,990 WA BURIEN CITY Municipal $21,088 $635,618 I WA PIERCE COUNTY County $110,859 WA TACOMA CITY Municipal $175,760 $286,619 I WA SPOKANE COUNTY County $16,285 WA SPOKANE CITY Munici pal $130,960 $147,245 I WA WALLA WALLA COUNTY County WA WALLA WALLA CITY Municipal $12,163 $12,163 WA WHATCOM COUNTY County $12,878 WA BELLINGHAM CITY Municipal $22,281 $35,159 WA YAKIMA COUNTY County $13,150 WA YAKIMA CITY Municipal $42,586 $55,736 WA BREMERTON CITY Municipal $25,688 WA EVERETT CITY Municipal $54,339 WA GRANT COUNTY County $10,493 WA KITSAP COUNTY County $59,756 WA LAKEWOOD CITY Municipal $53,590 WA MARYSVILLE CITY Municipal $10,663 WA MASON COUNTY County $11,651 WA OLYMPIA CITY Municipal $13,559 WA PUYALLUP CITY Municipal $12,810 WA SKAGIT COUNTY County $10,050 WA SNOHOMISH COUNTY County $41,155 WA SPOKANE VALLEY CITY Municipal $20,612 WA THURSTON COUNTY County $31,922 WA UNIVERSITY PLACE CITY Municipal $10,323 Local total $1,690,927 I AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■0 se0 0E0E0E0N0MEEsn00NNEE0M0000N0000M000M0E0000000000NEE0a00NNEN00N9a00N0000XN000E0N0XaI SUBJECT. Public Hearing and Study Session Date June 26, 2013 Resolution No 3199 Adopting the COUNCIL MEETING Date July 1, 2013 2014 — 2019 Six Year Transportation Department Public Works & Utilities Improvement Plan Presenter Tom Knuckey Phone 473 -2376 SUMMARY. The Six -Year Transportation Improvement Program (TIP) is prepared pursuant to RCW 35 77 010 The TIP is updated annually and filed with the Secretary of Transportation, Local Programs Office It is intended as a planning tool for the local, State and Federal transportation funding entities The TIP has been prepared for City Council approval by Resolution prior to submittal to the Washington State Department of Transportation This TIP is consistent with Bremerton's Comprehensive and Non - Motorized Transportation Plans, and Street CIP We did add a project in 2017to construct sidewalks in the vicinity of Crown Hill Elementary School ATTACHMENTS. List of 2014 — 2019 Six Year TIP Projects, Resolution No 3199 FISCAL IMPACTS (Include Budgeted Amount) Annual adoption of a six -year TIP is required by State law, and is necessary to receive certain State and Federal Transportation funds The TIP includes $50,295,000 in projects over the 6 -year planning period STUDY SESSION AGENDA Nx No Discussion ❑ Full Presentation STUDY SESSION ACTION ❑ Consent Agenda ❑ General Business N Public Hearing RECOMMENDED MOTION - Move to approve Resolution No 3199, which approves the City's 2014 — 2019 Six -Year Transportation Improvement Plan, and direct the Mayor to forward the Resolution and Plan to the Department of Transportation, Local Programs Office COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 RESOLUTION NO. WU' k A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting the 2014 — 2019 Six Year Transportation Improvement Plan. WHEREAS, after proper notice, the City Council of the City of Bremerton held a public hearing at the regular meeting of the City Council at 5:30 p.m. on July 1, 2013 to consider public testimony on the City's proposed 2014 - 2019 Six Year Transportation Improvement Plan and, having considered public testimony to the Plan and in accordance with the provisions of RCW 47 80, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS SECTION]. The 2014 through 2019 Six Year Transportation Improvement Plan, set forth in Exhibit "A" attached hereto and herewith filed with the City Clerk, is hereby adopted SECTIONZ Severabtlity If anyone 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 SECTION3. 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 9 2013 Greg Wheeler, Council President APPROVED AS TO FORM ATTEST ROGER A. LUBOVICH, City Attorney SHANNON CORN, City Clerk R TegahLegahResolunonsTublic Works\2008 Resolution for nP doc 1 Six Year Transportation Plan I TIP PROJECTS Project Total Project Title 2014 2015 2016 2017 2018 2019 Budget Sig S sty em U pgrades 200,000 200,000 200,000 200,000 200,000 1,000,000 Pavement Preservation 350,000 350,000 350,000 350,000 350,000 350,000 2,100,000 Local Street Major Maintenance and Reconstruction 1,000,000 3,500,000 3,500,000 3,500,000 3,500,000 3,500,000 18,500,000 Arterial Streets Major Maintenance and Reconstruction 2,200,000 2,200,000 2,200,000 2,200,000 2,200,000 11,000,000 Sidewalk Im provements 25,000 250,000 500,000 250,000 500,000 250,000 1,775,000 Traffic Calmin 30,000 30,000 30,000 30,000 30,000 150 000 Armin Jahr Elementary Safe Routes to Schools 400,000 400,000 Construct street lighting on Ricky Road per 2008 developer ag reement 40,000 40 000 Construct street lighting on Pine Road for the Brandywine Development per 2006 developer agreement 100,000 100,000 Construct Werner Road widening and signal improvements 3,000 000 3,000,000 Washington Avenue Complete Street Project 100,000 1,550,000 1,650,000 Bremerton Highway Safety Im provements Phase II 120,000 600,000 720,000 SR303 Corridor Improvements - Burwell to Riddell 250,000 2,000,000 700,000 4,000,000 1,000,000 7,950,000 Harrison District Traffic Circulation Improvements 10,000 10,000 4th Street Landscaping Replacement 1 1 150,0001 1 1 1 1 150,000 Page 1 TIP PROJECTS Project Total Project Title 2014 2015 2016 2017 2018 2019 Budget Marine Drive NMT Im provements 100,000 100,000 O sty er Ba y Avenue Im provements 300,000 300,000 Access way in Dockside 20,000 20,000 Kitsap Way at Harlow Drive Intersection 40,000 40,000 Naval Ave Road Diet 50,000 50,000 Shore Drive Shared Use path 40,000 40,000 Arsenal Way /Patton Ave Safety Improvements 100,000 100,000 Gorst Sinclair Trail 100,000 100,000 Crownhdl Elementar Sidewalks 2,000,000 2,000,000 Lower Wheaton Way 1,600,000 1,600,000 Total 3,075 000 9 010,000 9,380,000 9,230,000 10 780,000 11,420,000 Page 2