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Home My WebLink About11/06/2019 AGENDA PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 NOVEMBER 6, 2019 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 – 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. Review of Agenda B. 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 – October 16, 2019 C. Minutes of Study Session – October 23, 2019 D. Minutes of Budget Workshop – October 28, 2019 E. Minutes of Budget Workshop – October 30, 2019 F. Professional Services Agreement for Public Defense Services with LaCross & Murphy, PLLC G. Interagency Agreement between the Washington State Administrative Office of the Courts and Bremerton Municipal Court for Interpreter Grant Funds H. Washington State Department of Ecology (DOE) 2019-2021 Biennial Stormwater Capacity Grant I. Purchase of 12.5% Bulk Sodium Hypochlorite Solution from HASA, Inc. for the Westside Wastewater Treatment Plant J. Grant of Easement to Puget Sound Energy, Inc. (PSE) for Power System Improvement along Belfair Valley Road K. Ordinance No. 5379 amending Chapter 2.78 of the Bremerton Municipal Code entitled "Real Property Transactions" L. Ordinance No. 5380 amending Chapter 2.92 of the Bremerton Municipal Code entitled "Insurance Coverage and Claims Management" M. Ordinance No. 5381 amending and re-establishing City Rates & Fees for 2020 Item pulled N. Ordinance No. 5382 amending Sections 15.06.010 and 15.06.015 of the Bremerton Municipal Code relating to “Assessments, Rates, Fees and Charges Continued on back… 6.GENERAL BUSINESS A. Ordinance No. 5383 amending and re-establishing Utility Assessments, Rates, Fees, and Charges for 2020 Item pulled 7. PUBLIC HEARINGS A. Public Hearing on Revenue Sources for the Proposed FY-2020 City of Bremerton Budget For public comment only; No action... B. Public Hearing (1 of 2) on the Proposed FY-2020 City of Bremerton Budget For public comment only; No action until the second Public Hearing on November 20... C. Public Hearing approving the Substantial Amendment to the 2018 CDBG/HOME Action Plan to remove $120,000 from Quincy Square to the YWCA Alive Shelter D. Public Hearing on Resolution No. 3321 approving the 2020 CDBG/HOME Funding Recommendations for inclusion in the 2020 CDBG/HOME Action Plan 8. COUNCIL MEMBER REPORTS 9. EXECUTIVE SESSION A. 20-Minutes to discuss "Potential Litigation" and "Pending Litigation", which is allowed under RCW 42.30.110 (1)(i) Action is anticipated... 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at (360) 473-5323 at least 24 hours prior to the meeting. MAYOR’S REPORT November 6, 2019 Photo courtesy of Port of Bremerton Grand Opening of Kitsap Transit Wheaton Way Transit Center •Ribbon cutting on Mon, Nov. 25 at 10 AM •New Transit Center will serve as transportation hub for Bremerton and rest of Kitsap: •2nd largest transit center in City, after Bremerton Transfer Center •Largest park and ride lot in Bremerton with 166 stalls •Will help provide convenient access to shopping, housing, medical and social services •Built for future growth over the next 30-40 years to support residents transit needs •New traffic signal installed at Broad and Wheaton Way will help with traffic flow and access for pedestrians New Signal at Broad Street Permits Approved by Year, 2003-2019 *Includes Olympic College Instructional Center construction valued at $36.3 Million **Permits through October 31, 2019 City of Bremerton has officially broke the all-time-record for permit valuations in the City… by more than $13 million! Permit Activity – October 2014-2019 2014 2015 2016 2017 2018 2019 $2,283,714 $1,575,551 $12,723,581 $5,612,760 $2,382,690 $16,973,697 Congratulations! THOR MICHAELSON Thor won two individual gold medals at Team USA’s 2019 Pan American U15 Championships in Panama City, Panama A freshman at Bremerton High School, Michaelson won in Greco-Roman and freestyle in the 68 kilogram weight class. Photo courtesy of USA Wrestling AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: November 6, 2019 Department: Legal Services Presenter: Angela Hoover Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 386549 through 386812 and Electronic Fund Transfers V20431 through V20502 in the grand total amount of $1,821,953.64 2. Regular Payroll for pay period ending October 15, 2019 in the amount of $865,352.50 3. Retiree Payroll for pay period ending October 31, 2019 in the amount of $52.267.54 ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ 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 01/02/2018 5A AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting – October 16, 2019 Study Session Date: N/A COUNCIL MEETING Date: November 6, 2019 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes for the Council Meeting held on Wednesday, October 16, 2019 are attached. ATTACHMENTS: 1) Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the October 16, 2019 Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 5B DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, October 16, 2019 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, October 16, 2019, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Michael Goodnow, Lori Wheat, Kevin Gorman, Leslie Daugs, and Pat Sullivan. Also present were City Attorney Roger Lubovich; City Clerk Angela Hoover; Legislative Assistant Christine Grenier; and Information Services Manager Dave Sorensen. 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 Pat Sullivan followed by the invocation provided by Pastor Eric Roberts of Discovery Fellowship. MAYOR’S REPORT Mayor Wheeler briefed the Council on the following items…  The City of Bremerton will be pursuing a $250,000 refund from Puget Sound Energy following a Street Light Audit;  Per Redfin, Bremerton is in the Top 10 for Home Equity Growth from 2012 through 2019;  The retail vacancy rate is decreasing which means business is coming back to Bremerton at pre- recession levels;  Construction on the One Build Burwell Project is set to begin in November;  A proposed development behind Wilco is moving forward;  Thanked the City of Kure, Japan for hosting the Bremerton Delegation (that included Council Vice President Leslie Daugs and Council Member Kevin Gorman); and personally thanked Kimi Hamm for her dedication to the Sister City Program, now celebrating its 50th Anniversary; and  Read a statement from Naval Base Kitsap in support of a Parking Analysis (in conjunction with the City of Bremerton and Kitsap Transit) to address transportation flow and parking issues. PUBLIC RECOGNITION – There were no comments from the public… CONSENT AGENDA 5A – Claims & Check Register: Check Numbers 386388 through 386548, and EFT-V20368 through EFT-V20430 in the amount of $4,547,042.10; Regular Payroll for the pay period ending September 30, 2019 in the amount of $862,597.35 5B – Minutes of Meeting – October 2, 2019 5C – Minutes of Study Session – October 9, 2019 5D – Confirm Reappointment of David Hedger to the Parks & Recreation Commission 5E – Confirm Reappointment of Patrick Watson to the Parks & Recreation Commission 5F – Confirm Reappointment of Maggie Williams to the Parks & Recreation Commission 5G – Renewal of Marine Insurance with Travelers and Water Quality Insurance Syndicate (WQIS) for the City of Bremerton’s Argus Rescue Boat 5H – Budget Adjustment for a Henke 12-foot Reversible Snow Plow from Northend Truck Equipment of Marysville, WA There were no questions or comments from the public… City Council Reg. Mtg. Minutes Wednesday, October 16, 2019 Page 2 of 3 05:45:15 M/S/C/U (Wheat/Goodnow) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 6A – ACCEPTANCE OF THE LODGING TAX ADVISORY COMMITTEE’S FY-2020 REVISED FUNDING RECOMMENDATIONS: LTAC Chair Pat Sullivan explained that during the September 11 Study Session, Council Members provided direction to the Lodging Tax Advisory Committee for additional consideration, including the amount of eligible requests in the Projects (3+Years) Category; and additional funding made available for allocation to New Projects (0-3 Years). Of the approximately $830,000 in revenue to be available for distribution in Fiscal Year 2020, the LTAC is now recommending allocations of $430,000 for the following:  $52,500 for New Projects 0-3 years  $167,500 for Projects 3+ years  $210,000 Unallocated Funds to be carried over to the FY2020 Beginning Fund Balance Also, for the FY2020 Budget, funding to be included for the City of Bremerton’s commitment for $400,000 to the following through 2022:  $250,000 for Operations of the Kitsap Conference Center  $150,000 for Operations of the Admiral Theatre Ms. Sullivan thanked Jessica Arthur, Fairfield Inn & Suites; Deborah Housen, Valentinetti Puppet Museum; and George Willock, Kitsap County Historical Society & Museum for serving on the LTAC Committee; Christine Grenier for providing staff support; and the applicants for their presentations. John Morrissey, President for the Downtown Bremerton Association, thanked Council for their personal dedication to the community; expressed his disappointment that DBA was not funded despite having presented an impactful proposal; expressed concerns about the number of members acting on behalf of the committee; and recommended that all of the funds be allocated to benefit the community as a place to play. Mr. Lubovich provided clarification on LTAC funding restrictions. Denise Frey, President & CEO of the Bremerton Chamber of Commerce, appreciated the LTAC’s support of fulling funding the Chamber’s request; but was disappointed in the City’s decision to dedicate 50% of the available funding to City Projects; and urged Council to call upon the experts who are working on tourism year-round. 05:56:08 Motion was made by Gorman; and seconded by Huddy…Comments and questions were provided by Daugs, Gorman, Wheat; Huddy; Goodnow; and Younger… 06:04:23 M/S/C/U (Gorman/Huddy) Move to accept the Lodging Tax Advisory Committee’s FY-2020 Revised Funding Recommendations per Exhibit A; and to include the allocations in the City of Bremerton’s Fiscal Year 2020 Proposed Budget. COUNCIL MEMBER REPORTS Richard Huddy thanked the Salvation Army for their help in relocating Kitsap Rescue Mission’s Overnight Shelter; reported on a Kitsap County Navigation Center (24-Homeless Shelter) Meeting; and following a visit to the Tacoma Rescue Mission, shared how similar programs and housing solutions could work here in Bremerton. Michael Goodnow invited interested volunteers to the next Forest Ridge Work Party to be held on Saturday, October 19 from 9:00 AM to 12:00 PM. City Council Reg. Mtg. Minutes Wednesday, October 16, 2019 Page 3 of 3 Lori Wheat also attended the Kitsap County Navigation Meeting and reminded everyone to be mindful of the homeless struggle; announced a Civil Survival Reentry Workshop on Saturday, October 19 from 10:00 AM to 4:00 PM in Building 11, Room 117 at Olympic College; the District 4 Community Meeting also on Saturday from 10:30 to 11:30 AM at First Christian Church with featured Guest Speaker Chris Piercy, Kitsap County Solid Waste Division who will discuss the Single-Use Plastic Bag Ban to go into effect January 2020; and the next Kiwanis Park Work Party on Saturday, October 26 from 9:00 to 11:00 AM. Kevin Gorman encouraged the community to attend the Manette Harvest Fest on Saturday, October 19 from 5:00 to 8:00 PM at the Manette Community Church located at 1537 Hayward Avenue; will be sharing more at the next Council meeting about his tremendous cultural experience while visiting Sister City Kure, Japan; and thanked Kimi Hamm and Jennifer Hayes for making arrangements for such a wonderful trip. Leslie Daugs invited everyone to the Filipino History Month Celebration “Taste of the Philippines” on Sunday, October 20 from 1:00 to 4:00 PM at 1240 Sheridan Road; shared special memories from her trip to Kure, Japan as part of the Bremerton Delegation, along with Council Member Gorman; and also thanked Kimi Hamm and Jennifer Hayes for setting up the trip to Japan. Pat Sullivan announced that Albers Vista Gardens will be hosting its final tours of the season on Saturdays, October 19 and 26 from 10:00 AM to 12:00 PM located at 124 NW 31st Street. Eric Younger encouraged Mayor Wheeler to come up with a mascot, in response to learning our Sister City has a mascot; and cautioned neighbors to watch out for their pets and to not leave pet food outside due to daytime sightings of coyotes in his neighborhood, noting that the sightings have been reported to the WA State Department of Fish & Wildlife. With no further business, President Younger adjourned the Council Meeting at 6:30 PM. Prepared and Submitted by: ______________________________ CHRISTINE GRENIER Legislative Assistant APPROVED by the City Council on the 6th day of November, 2019. ________________________________________ ERIC YOUNGER, City Council President Attest: ________________________________________ ANGELA HOOVER, City Clerk EY:AH:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session – October 23, 2019 Study Session Date: N/A COUNCIL MEETING Date: November 6, 2019 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes for the Study Session held on Wednesday, October 23, 2019 are attached. ATTACHMENTS: 1) Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the October 23, 2019 Study Session Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 5C DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, October 23, 2019 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 6th Street, Bremerton, Washington, Wednesday, October 23, 2019, at 5:00 PM, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Lori Wheat, Kevin Gorman, and Leslie Daugs. Council Members Pat Sullivan and Michael Goodnow were absent. Legislative Office Manager Lori Smith was present to provide staff support. President Younger emphasized that the Study Session is open to the public, there will be no opportunities for input or participation; no action is anticipated; and the content of these items is subject to change. If approved by the Council, the items will be placed on the November 6, 2019 City Council Meeting Agenda… A. BRIEFINGS ON AGENDA ITEMS 1. Professional Services Agreement with Lacross & Murphy, PLLC for Public Defense Services Consent Agenda 2. Interagency Agreement between the Washington State Administrative Office of the Courts and Bremerton Municipal Court for Interpreter Grant Funds Consent Agenda 3. Washington State Department of Ecology 2019-2021 Biennial Stormwater Capacity Grant Consent Agenda 4. Purchase of 12.5% Bulk Sodium Hypochlorite Solution from HASA, Inc. for the Westside Wastewater Treatment Plant Consent Agenda 5. Grant of Easement to Puget Sound Energy, Inc. for Power System Improvement along Belfair Valley Road Consent Agenda 6. Ordinance amending Chapter 2.78 of the Bremerton Municipal Code entitled “Real Property Transactions” Consent Agenda 7. Ordinance amending Chapter 2.92 of the Bremerton Municipal Code entitled “Insurance Coverage and Claims Management” Consent Agenda 8. Proposed Public Hearing approving the Substantial Amendment to the 2018 CDBG/HOME Action Plan Public Hearing 9. Proposed Public Hearing on a Resolution approving the 2020 Community Development Block Grant/HOME Funding Recommendations for inclusion in the 2020 CDBG/HOME Action Plan Public Hearing 10. Proposed Public Hearing on Revenue Sources for the Proposed FY-2020 City of Bremerton Budget Public Hearing 11. Ordinance amending and re-establishing City Rates & Fees for 2020 Consent Agenda 12. Ordinance amending Section 15.06.015 of the Bremerton Municipal Code entitled “Assessments, Rates, Fees, and Charges – Established” (General Facility Charges) Consent Agenda 13. Ordinance amending and re-establishing Utility Assessments, Rates, Fees, & Charges for 2020 General Business City Council Study Session Minutes Wednesday, October 23, 2019 Page 2 of 2 President Younger called a recess from 6:38 to 6:51 PM… 14. Discussion on Qualifying Local Tax in support of SHB 1406 – Financial Services Director Mike Riley Information only 15. Discussion on Rental Housing Safety Program – President Eric Younger Information only B. GENERAL COUNCIL BUSINESS o Public Works Committee Briefing (10/15/19 Meeting) – Council Member Richard Huddy o Audit Committee Briefing (10/22/19 Meeting) – Chair Leslie Daugs o General Council Business was briefly discussed. C. EXECUTIVE SESSION o 15-Minutes to discuss “Potential Litigation” allowed under RCW 42.30.110 (1) (i) Item pulled With no further business, President Younger adjourned the Council Study Session at 8:45 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 6th day of November, 2019. ______________________________ Eric Younger, Council President ATTEST: ______________________________ Angela Hoover, City Clerk EY:AH:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Budget Workshop – October 28, 2019 Study Session Date: N/A COUNCIL MEETING Date: November 6, 2019 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes for the Budget Workshop held on Monday, October 28, 2019 are attached. ATTACHMENTS: 1) Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the October 28, 2019 Budget Workshop Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 5D DIGITAL RECORDING CITY COUNCIL BUDGET WORKSHOP MINUTES Monday, October 28, 2019 The Budget Workshop of the City Council of the City of Bremerton was called to order in the Mayor’s Conference Room 637 of the NORM DICKS GOVERNMENT CENTER located at 345 6th Street, Bremerton, Washington, on Monday, October 28, 2019, at 3:00 PM, with Council President Eric Younger presiding. Council members present were Richard Huddy, Michael Goodnow, Lori Wheat, Kevin Gorman, Leslie Daugs, and Pat Sullivan. Also present were Financial Services Director Mike Riley; and Assistant Financial Services Director Caroline Tompson. Legislative Office Manager Lori Smith was present to provide staff support to the Council. President Younger announced that tonight’s Budget Workshop was for the Council to hear presentations on the proposed 2020 Budget. It was further announced that this Budget Workshop was open to the public, but there would be no opportunities for input or participation; that no action will be taken, and the content of these items is subject to change. Financial Services Director Mike Riley began the discussion with a background on the 2020 Budget process, followed by an overview on General Government Funds; and then led the presentations on all General Fund Departments (except Public Works). President Younger announced that the next Budget Workshop will be on Wednesday, October 30 beginning at 3:00 PM in the Mayor’s Conference Room. With no further business, President Younger adjourned the Budget Workshop at 5:58 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 6th day of November, 2019 ______________________________ ERIC YOUNGER, Council President ATTEST: ______________________________ ANGELA HOOVER, City Clerk EY:AH:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Budget Workshop – October 30, 2019 Study Session Date: N/A COUNCIL MEETING Date: November 6, 2019 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes for the Budget Workshop held on Wednesday, October 30, 2019 are attached. ATTACHMENTS: 1) Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the October 30, 2019 Budget Workshop Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 5E DIGITAL RECORDING CITY COUNCIL BUDGET WORKSHOP MINUTES Wednesday, October 30, 2019 The Budget Workshop of the City Council of the City of Bremerton was called to order in the Mayor’s Conference Room 637 of the NORM DICKS GOVERNMENT CENTER located at 345 6th Street, Bremerton, Washington, on Wednesday, October 30, 2018, at 3:00 PM, with Council President Eric Younger presiding. Council members present were Richard Huddy, Michael Goodnow, Lori Wheat, Kevin Gorman, Leslie Daugs, and Pat Sullivan. Also present were Financial Services Director Mike Riley; and Assistant Financial Services Director Caroline Tompson. Legislative Office Manager Lori Smith was present to provide staff support to the Council. President Younger announced that tonight’s Budget Workshop was for the Council to hear presentations on the proposed 2020 Budget. It was further announced that this Budget Workshop was open to the public, but there would be no opportunities for input or participation; that no action will be taken, and the content of these items is subject to change. Financial Services Director Mike Riley and Public Works Director Tom Knuckey led presentations on the Public Works & Utilities Department. President Younger announced that the next Budget Workshop will be on Monday, November 4 beginning at 4:15 PM in the Mayor’s Conference Room. With no further business, President Younger adjourned the Budget Workshop at 5:55 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 6th day of November, 2019 ______________________________ ERIC YOUNGER, Council President ATTEST: ______________________________ ANGELA HOOVER, City Clerk EY:AH:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 23, 2019 Professional Services Agreement for Public Defense Services with LaCross & Murphy, PLLC COUNCIL MEETING Date: November 6, 2019 Department: Finance Presenter: Melinda Monroe Phone: (360) 473-5306 SUMMARY: On July 10th, 2019 the City of Bremerton issued a RFP for public defense services. LaCross & Murphy, PLLC, the current public defense services provider, is recommended to be awarded the agreement. Their proposal provides for a decreased fixed cost with a savings of $25,000 annually, and a year-end reconciling of assigned cases, and payment adjustment as applicable, to insure compliance with State standards for caseloads for these services. ATTACHMENTS: Professional Services Agreement and Exhibit A: Washington State Supreme Court Indigent defense standards dated June 15, 2012. FISCAL IMPACTS (Include Budgeted Amount): $250,000 annually ($20,833.34 monthly) is included in the current budget. A year-end reconciling of cases could result in a year-end budget adjustment. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with LaCross & Murphy, PLLC for Public Defense Services; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5F 1 Public Defense Services AGREEMENT FOR CITY OF BREMERTON PUBLIC DEFENSE SERVICES LaCross & Murphy, PLLC This Agreement is made and entered into by and between the City of Bremerton (“the City”), a Washington municipal corporation and LaCross & Murphy, PLLC, a Professional Limited Liability Corporation (“Public Defender”), whose address is 559 Bay Street Port Orchard, Washington 98366. WHEREAS, the City has solicited legal services via the Public Defense Services Request for Proposal which closed on August 12, 2019, and LaCross & Murphy, PLLC is the awarded responder to this proposal, and WHEREAS, the City desires to have legal services, as described in the August 12th, 2019 Request for proposal and this Agreement, performed for indigent persons legally entitled to appointed representation in the City of Bremerton, by Public Defender as an independent contractor, and WHEREAS, the City and the Public Defender agree that any and all funds provided pursuant to this Agreement are provided for the sole purpose of provision of legal services to indigent persons prosecuted with crimes in Bremerton Municipal Court, NOW, THEREFORE, in consideration of the mutual benefits to be derived, the promises and covenants contained herein, and other good and valuable consideration, the parties agree as follows SECTION 1: DEFINITIONS A.Case Assignment: A case assignment is that particular case assigned by the Bremerton Municipal Court. B.Case Credit: Case credit is a non-weighted case assignment. C.City: City is the City of Bremerton. D.Client: An indigent person who has been assigned to the Public Defender by the Bremerton Municipal Court. E.Completed Case: A completed case involves all necessary legal action from arraignment through the end of jurisdiction. This includes the filing of a notice of appeal upon the client’s request, application to proceed in forma pauperis on appeal, and a motion for appointment of appellate counsel but does not include the actual representation on appeal. F.Contract Administrator: Contract Administrator is the City of Bremerton Municipal Court Administration. G.Court: Court is the Municipal Court of Bremerton. 2 Public Defense Services H. Criminal Case: A case is any one charge or series of related charges under one case number filed against one defendant/respondent. I. Criminal Case Disposition: The case assignment remains in effect to the end of jurisdiction of the case and shall include the filing of an appeal, if applicable. J. Discovery: Discovery consists of those reports, letters, memorandums, after-action reports, incidents reports, witness statements, officers' statements, expert witness reports which the City Prosecutor is obligated to provide on a continuing basis under the City or State code and pursuant to the State and Federal Constitutional requirements. K. Legal Service: Legal service is legal representation provided by a licensed attorney and associated paraprofessional staff to an individual client, pursuant to a case assignment or court appointment. The attorney will be required by the Public Defender to satisfy the Code of Professional Responsibility, the law of the State of Washington and the United States in the full discharge of the duties to each individual client under this Agreement. L. Indigent Defendant: An indigent defendant is a person determined indigent by the Court, as being eligible for a court-appointed attorney, pursuant to RCW 10.101. M. Mayor: Mayor is the Mayor of Bremerton or designee. N. Misdemeanor Practice Area: 1. Misdemeanor Case: Any criminal case filed by the Bremerton City Attorney or designee in Bremerton Municipal Court whether a misdemeanor or a gross misdemeanor. 2. Misdemeanor Appeal: A misdemeanor appeal involves filing the notice of appeal, if necessary, perfecting the record following the filing of the notice of appeal, preparation of the transcript pursuant to Rule 6.3a RALJ, preparing such briefs and memoranda as are required, arguing the case in Superior Court, and handling such paperwork as the Superior Court's decision and orders direct. 3. Misdemeanor Writ: A writ involves filing notice, perfecting the record, preparing such briefs and memoranda as required, arguing the case in Superior Court and handling such paperwork as the Superior Court's decision and orders direct. O. Paraprofessional Staff: Investigators, social workers and paralegals. P. Public Defender: The Public Defender is LaCross & Murphy, PLLC. Q. Court Time: Time accounted for being the “attorney of the day” for arraignments and in custody matters that have not been assigned to the Public Defender. 3 Public Defense Services SECTION 2: PUBLIC DEFENSE STANDARDS The City adopts the following standards for the delivery of Public Defense Services, pursuant to RCW 10.101.030: A. Compensation of Counsel: Compensation of counsel shall be in accordance with the provisions set forth in sections 4 and 6 of this agreement. B. Duties and Responsibilities of Counsel: The duties and responsibilities of counsel shall be in accordance with this agreement. C. Caseload Limits: Public Defender will accept all caseloads for Bremerton misdemeanor cases, except cases in which there is a conflict of interest, and following six to eight months after the beginning of the term of this Agreement, shall review the case assignments with the City to evaluate and establish caseload limits, whether on a weighted basis or not, to meet the new case limit requirements set forth in Exhibit A. Case assignments are anticipated to exceed 800 non- weighted cases per year. D. Responsibility for Expert Witness and Investigator Fees: After approval by the Court, expert witness and investigator fees will be paid by the City. E. Attorneys and Staff: The Public Defender shall provide, at a minimum, two full-time attorneys and one full-time paraprofessional staff person to provide services pursuant to this Agreement. F. Supervision: The Public Defender shall provide supervising attorneys at the following standards: one supervisor for every two attorneys. Supervisors shall ensure all new associates have been properly trained and are prepared to appear at the Bremerton Municipal Court and shall appear in court to assist in training of new associates as necessary. G. New Standards: The Public Defender shall comply with the new standards for Indigent Defense adopted by the Washington State Supreme Court by order dated June 15, 2012, attached hereto as Exhibit A and incorporated herein by this reference. SECTION 3: TERM This Agreement shall commence on the first (1st) day of November 2019 and terminate the thirty-first (31th) day of December 2021 unless extended or terminated earlier pursuant to the terms and conditions of this Agreement. SECTION 4: SCOPE OF WORK A. Purpose: The purpose of this agreement is to provide legal services through effective assistance of counsel to indigent persons. Legal services shall be statutorily and constitutionally based. B. Professional Conduct: 4 Public Defense Services 1. The Public Defender shall provide the services of attorneys and staff members in compliance with all of the applicable laws and administrative regulations of the State of Washington, the United States, Bremerton Municipal Code, and the Washington State Rules for Professional Conduct (RPC). 2. Nothing in this Agreement shall be construed to impair or inhibit the exercise of independent, professional judgment by an attorney employed by the Public Defender with respect to any client wherein an attorney-client relationship has been established pursuant to the terms of this Agreement. 3. Nothing in this Agreement shall require or permit, without the consent of the client, access to or disclosure of any confidential communication made by a client to any attorney employed by the Public Defender or any such confidential communications made to agents or employees of the Public Defender for such attorney; the advice given by an attorney to a client; or any other statements and materials privileged from disclosure in a court of law. 4. Attorneys and staff employed by the Public Defender shall not solicit or accept any compensation, gifts, gratuities or services from any client. C. Eligible Population: The population served shall be indigent persons legally entitled to appointed legal services in Bremerton Municipal Court, as assigned by the Court. D. Case Assignment: The Public Defender shall accept all case assignments, except for cases in which there is a conflict of interest or other related issue that would prevent the Public Defender from accepting assignment of the case. E. Conflicts: The Public Defender reserves the right to decline to advise or represent any client on the basis of actual legal, ethical, or professional conflict of interest. The Public Defender shall be responsible for checking for conflicts and identifying if a conflict exists. The Public Defender shall have a written policy which explains how they define conflict cases. This policy must be approved by the Contract Administrator. The Public Defender shall perform a conflicts check before any substantial work is done on the case. F. Duties and Responsibilities of the Public Defender: In order to perform its responsibilities under the Agreement, the Public Defender shall have the power and duty to: 1. Hire all Public Defender personnel; 2. Provide fiscal management; establish compensation of personnel; maintain payroll records and provide payments for all personnel including withholding of income taxes, payment of social security taxes, payment of worker compensation and industrial insurance taxes (where applicable), and fringe benefits; 3. Supervise and maintain the quality of staff and services received or performed, and provide internal evaluation sessions as necessary; 4. Suspend, remove, or terminate personnel not adequately performing the duties and responsibilities assigned, engaging in or condoning misconduct, or whose conduct or continued performance of duties is detrimental to the Public Defender program; 5 Public Defense Services 5. Accept and represent all cases and clients officially referred by the Court unless withdrawal from such representation is allowed in accordance with provisions as stated above; 6. In the event that this Agreement is terminated or not renewed, the Public Defender shall continue to provide services pursuant to this Agreement for three (3) months after the termination date. Public Defender shall not be assigned any new cases, however, Public Defender shall attempt to complete the representation of all clients who have been referred by the Court during the period in which the Agreement is in effect for the compensation received or receivable under the terms of the Agreement, provided that completed representation is not made impossible by a client’s failure to appear. 7. Provide after-hours staffing sufficient to take after-hours phone calls. G. Duties and Responsibilities of Public Defender Attorneys: In order to perform their duties under this Agreement, staff attorneys of the Public Defender shall: 1. Counsel and represent in all ensuing criminal proceedings before appeal those clients who are officially referred by the Court. Such services include but are not limited to: preparation for and representation of the client at the pretrial hearings, trial and at sentencing hearings or any other related proceedings. 2. Appear at all in-custody and arraignment calendars. 3. Counsel clients with regard to their rights to appellate review and file any necessary notice for appellate review when requested by a client. SECTION 5: PERFORMANCE AND QUALIFICATIONS A. Practice Standards and Records 1. The Public Defender shall ensure that all attorneys, paraprofessional staff and supervisors shall maintain contemporaneous records of all legal services provided on a specific case. The records shall provide a factual description of the work done and shall be sufficiently detailed to allow monitoring of legal service activity by the Contract Administrator, subject to any ethical obligations of the Public Defender. 2. Upon closing a case, all attorney, paraprofessional and supervisor files associated with the case shall be cross referenced and accessible as a whole for monitoring by the Contract Administrator, subject to any ethical obligations of the Public Defender. 3. The Public Defender shall establish practice standards to address the following substantive areas of Agreement compliance. The practice standards shall set objective expectations for each position and shall be measurable by objective means. With each practice standard, the Public Defender shall include a procedure for monitoring compliance with the standard. Written practice standards are due to the Contract Administrator annually. Practice standards should address the following areas: a. Attorney practice, including but not limited to; 6 Public Defense Services i. Lawyer-client relationship, initial case actions, investigation and preparation, preliminary hearings; disposition without trial; trial; post-conviction or fact finding and any other areas of attorney practice deemed appropriate by Public Defender. ii. Attorney use of paraprofessionals and expert service. b. Paraprofessional practice. c. Supervision of attorneys and paraprofessionals. 4. The Public Defender agrees that, within available resources, reasonable efforts will be made by the Public Defender to keep the initial attorney assigned to a client throughout any case in which representation is undertaken. The Public Defender is not prohibited from rotating attorneys or from assigning a single attorney to handle various aspects of legal proceedings for all indigent persons where such method of assignment is the most reasonable method of obtaining effective legal representation for indigent persons. 5. A member of the Public Defender staff shall visit any assigned in-custody criminal defendant and obtain basic contact and other fundamental intake information for a bond hearing within one (1) working day from notification to the Public Defender of the assignment of the case and the in-custody status of the client. This provision applies to clients in custody at any facility within Kitsap County. 6. The Public Defender attorneys shall attempt to make contact with all assigned clients within five (5) working days from a case assignment or no later than the day prior to the first pretrial hearing whichever comes first. 7. The Bremerton City Attorney’s Office or designee is responsible for making a copy of discovery available to the Public Defender. The Public Defender shall request discovery as soon as possible after case assignment but no later than three (3) business days of the assignment, whether initial or subsequent, on any case. The Public Defender shall obtain a copy of discovery at arraignment if available. The Public Defender agrees that discovery may be provided in electronic format. 8. Discovery shall be reviewed within five (5) days after receipt for purposes of determining any conflicts of interest. The Public Defender shall notify the Contract Administrator immediately of any conflict of interest as defined by the Washington State Rules of Professional Conduct. The Public Defender shall provide the Contract Administrator with a written explanation stating the basis for the conflict in its notification, in addition to the required oral or written request to withdraw presented to the court. 9. The Public Defender shall establish and enforce policies and procedures to ensure that attorney time and other Defender resources funded by this Agreement shall only be used for work which is authorized by this Agreement. 10. The Public Defender shall ensure that a preliminary written response to any written complaints concerning services provided by the employees of the Defender or the Defender itself shall be submitted to the Contract Administrator within three (3) working days of the date the complaint is received by the Public Defender. Written complaints include e-mail communications from the Contract Administrator. The Contract Administrator shall copy the supervising attorney on any complaints sent to the Public Defender. 7 Public Defense Services 11. The Public Defender shall establish policies and procedures for pro-bono work provided by staff of the Public Defender. These policies and procedures shall assure that any such pro bono work is not provided to the exclusion or detriment of legal services that are the subject of this Agreement. 12. The Public Defender or his attorneys shall not provide transportation to any client assigned to the public defender pursuant to this Agreement. B. Minimum Attorney Qualifications: 1. Every attorney providing indigent defense services must be a licensed member of the Washington State Bar and be a member in good standing of the Bar. 2. Every Public Defender attorney shall satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court; seven (7) hours of each year's required continuing legal education credits shall be in courses relating to criminal law practice or other areas of law in which the Public Defender provides legal services to clients under the terms of this Agreement or as otherwise required by the Washington State Office of Public Defense. The Public Defender will maintain for inspection on its premises records of compliance with this provision. 3. The Public Defender may employ interns pursuant to Admission to Practice Rule (APR) 9. No more than 5% of the cases handled by the Public Defender may be assigned to Rule 9 interns. However, Rule 9 interns may not be used to supplant the services of an attorney assigned by the Public Defender to perform the services of this Agreement. 4. The Public Defender attorneys who supervise the misdemeanor attorneys must have at least three years of criminal defense experience in superior, district or municipal courts in Washington State. 5. Unless prior written approval has been granted by the Contract Administrator, no attorney may provide services under this Agreement if that attorney has been removed from representation in a case for failure to perform basic services necessary to the case or to the client, or in any manner has been found to be ineffective on appeal by either an ethics panel or by an appellate court. C. Evaluations: The Public Defender Supervisor, or his/her designee, shall evaluate the professional performance of Public Defender attorneys and paraprofessional staff annually. Attorney evaluations should include monitoring of time and caseload records, review of case files, quality of case preparation, as well as in-court observation. Paraprofessional evaluations shall be sufficiently comprehensive to assess the quality of the actual work performed. The Contractor shall submit to the City a summary report of the annual attorney performance evaluations. The Contractor shall make available to the City its evaluation criteria and evidence evaluations were conducted, although all evaluations are to be confidential between the Contractor's director and the Contractor attorney. 8 Public Defense Services SECTION 6: PAYMENT A. The City shall pay the Public Defender for the services as specified in Section 4, Scope of Work, in the amount not to exceed $250,000.00 annually. Payments will be made in equal monthly payments. B. The City will pay the Public Defender by the thirtieth (30) working day of the following month. C. In the event of failure to comply with any items and conditions of this Agreement or to provide in any manner the work or services as agreed to herein, the City reserves the right to withhold any payment until the City is satisfied that corrective action has been taken or completed. This option is in addition to and not in lieu of the City’s right to termination as provided in Section 13 of this Agreement. D. Adjustment. By October 31st of the Calendar year the Public Defender and the Contracts Administrator shall review the year to date case assignment numbers (including all "court time" counts) and create an estimate of year end numbers. If it appears the estimated annual case load will result in an excess of 1,000 cases (pursuant to Exhibit A and Section 2. E of this agreement), these cases will be offered to the firm of LaCross and Murphy, PLLC, the Public Defender. If the Public Defender is able to accept additional caseload, they shall notify the Contracts Administrator of the estimated number of cases they can accept. If the Public Defender is unable to accept these cases due to caseload limits, they shall be assigned to another firm. 1. A final year end count will be made of assigned cases, completed by the Contract Administrator in January following the year of service. a. If the final count of assigned cases to the Public Defender is over the standard case load in Exhibit A and Section 2. E of this agreement, or 1,000 cases, a payment will be made to the Public Defender in the amount of $250.00 per case over the standard. b. If the final count of assigned cases to the Public Defender is below the standard case load in Exhibit A and Section 2. E of this agreement, less than 1,000, a payment will be made to the City by the Public Defender in the amount of $250.00 per case below the standard. SECTION 7: REPORTING REQUIREMENTS Case Management System: The Public Defender will use a case management system that will allow them to file the reports described below. Reporting: The Public Defender will provide the Contract Administrator monthly reports within forty-five (45) working days after the close of each calendar month in acceptable format as follows: Report Title Due Date Monthly Court activity reports including attorney assignments and hearings held Monthly (45 working days after the close of each calendar month) 9 Public Defense Services Year-end reports, Annual Case assignment review, additional summaries, other reports or documents as requested by the Contract Administrator with reasonable notice Due no later than January 31st following the year of service. These reports must contain: •Defendant’s name •Case number(s) •Criminal charges filed •Disposition of each charge •Number of court hearings •Number of appeals filed annually •Defendant’s jail custody status prior to sentencing •Bench Trial, Jury Trial, Plea or Dismissal •Attorney(s) name(s) •Date case assigned •Hours spent by attorney The City of Bremerton, or any of its duly authorized representatives, shall have access to any such books, records and documents for inspection, audit and copying. The report is due on or before the forty-fifth (45th) working day after the last day of the month of service. Payment may be withheld if reports are not submitted on time. The Public Defender will immediately notify the Contract Administrator in writing when it becomes aware that a complaint lodged with the Bar Association has resulted in reprimand, suspension, or disbarment of an attorney providing services under this Agreement. SECTION 8: ADDRESSES FOR NOTICES AND DELIVERABLE MATERIALS All official notices under this Agreement shall be delivered to the following addresses (or such other address(es) as either party may designate in writing): If to City: City Clerk City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337 (360) 473-5323 If to the Public Defender: Jacob Murphy LaCross & Murphy, PLLC 559 Bay Street Port Orchard, WA 98366 10 Public Defense Services SECTION 9: OTHER EMPLOYMENT The Public Defender agrees that its legal staff assigned to the Bremerton Municipal Court shall have as their primary employment representation of indigent clients in Bremerton Municipal Court. The Public Defender further agrees that it will abide by all provisions of this Agreement regarding Personal Performance of this Agreement. SECTION 10: CORRECTIVE ACTION If the City believes that a breach of this Agreement has occurred, and if the City believes said breach to warrant corrective action, the following sequential procedure shall apply: A. The City will notify the Public Defender in writing of the nature of the breach; B. The Public Defender shall respond in writing within three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies, and the proposed completion date for bringing its performance under this the Agreement into compliance, which date shall not be more than ten (10) working days from the date of the Public Defender's response; C. The City will notify the Public Defender in writing of the City’s determination as to the sufficiency of the Public Defender's corrective action plan. The determination of the sufficiency of the Public Defender's corrective action plan will be at the sole discretion of the City; however, the City’s determination of the sufficiency of the Public Defender's corrective action plan shall take into consideration the reasonableness of the proposed corrective action, in light of the alleged breach. In all cases where corrective action is determined by the City to be appropriate, the City shall work with the Public Defender to implement the plan; D. In the event that the Public Defender does not respond within the appropriate time with the corrective action plan, or the Public Defender's corrective action plan is determined by the City to be insufficient, the City may commence termination of this Agreement in whole or in part pursuant to Section 11 (B) Termination and Suspension; E. In addition, the City may withhold any payment owed the Public Defender and/or prohibit the Public Defender from incurring additional obligations of funds until the City is satisfied the corrective action has been taken or completed; and F. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section 11 Termination and Suspension. SECTION 11: TERMINATION AND SUSPENSION A. Either party may terminate this Agreement for convenience upon one hundred twenty (120) days prior written notice. B. The City may terminate this Agreement in whole or in part upon ten (10) days' written notice to the Public Defender in the event: 11 Public Defense Services 1. The Public Defender substantially breaches any duty, obligation, or service required pursuant to this Agreement; or 2. The duties, obligations, or services herein become impossible, illegal, or not feasible, or 3. The City determines that the Public Defender Services are no longer necessary. Before the City terminates this Agreement pursuant to subsection 11(B), the City shall provide the Public Defender written notice of termination, which notice shall include the reasons for termination and the effective date of termination. The Public Defender shall have the opportunity to submit a written response to the City within (10) working days from the date of the City’s notice. If the Public Defender elects to submit a written response, the Contract Administrator will review the response and make a determination within ten (10) days after receipt of the Public Defender's response. In the event this Agreement is terminated in whole or in part pursuant to Subsection B (1) of this Section, the Public Defender shall be liable for damages, including the reasonable costs of the procurement of similar services from another source unless it is determined by the Contract Administrator that (i) no default actually occurred, or (ii) the failure to perform was without the Public Defender's control, fault or negligence. C. Otherwise, this Agreement shall terminate on the date specified herein, and shall be subject to extension only by mutual agreement of both parties hereto in writing. D. Nothing herein shall be deemed to constitute a waiver by either party of any legal right or remedy for wrongful termination or suspension of the Agreement. E. In the event of termination, suspension, or non-renewal of this Agreement, all cases not required to be completed by the Public Defender shall be returned to the Contract Administrator for reassignment. SECTION 12: DISPUTES (OTHER THAN SUSPENSION OR TERMINATION) The Public Defender shall address questions or claims regarding meaning and intent of the Agreement or arising from this Agreement in writing to the City Clerk, within ten (10) calendar days of the date in which the Public Defender knows or should know of the question or claim. The City will ordinarily respond to the Public Defender in writing with a decision, but absent such written response, the question or claim shall be deemed denied upon the thirtieth day following receipt by the City. SECTION 13: EQUAL EMPLOYMENT OPPORTUNITY The Public Defender shall not discriminate against any employee or applicant for employment because of race, religion, creed, age, color, sex, marital status, sexual orientation, gender identity, political ideology, ancestry, national origin, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification. 12 Public Defense Services SECTION 14 OTHER LEGAL REQUIREMENTS A. General Requirement: The Public Defender, at no expense to the City, shall comply with all applicable laws of the United States and the State of Washington; the Charter and ordinances of The City of Bremerton; and rules, regulations, orders, and directives of their administrative agencies and the officers thereof. Without limiting the generality of this paragraph, the Public Defender shall specifically comply with the following requirements of this section. B. Licenses and Similar Authorizations: The Public Defender, at no expense to the City, shall secure and maintain in full force and effect during the term of this Agreement all required licenses, permits, and similar legal authorizations, and comply with all requirements thereof. SECTION 15: INDEMNIFICATION The Public Defender does hereby release and shall defend, indemnify, and hold the City and its employees and agents harmless from all losses, liabilities, claims (including claims arising under federal, state or local environmental laws), costs (including attorneys’ fees), actions or damages of any sort whatsoever arising out of the Public Defender’s performance of the services contemplated by this Contract to the extent attributable to the acts or omissions, misconduct or breach of this Agreement by the Public Defender, its servants, agents, and employees. In furtherance of these obligations, and only with respect to the City, its employees and agents, the Public Defender waives any immunity it may have or limitation on the amount or type of damages imposed under any industrial insurance, worker’s compensation, disability, employee benefit or similar laws. The Public Defender acknowledges that the foregoing waiver of immunity was mutually negotiated and agrees that the indemnification provided for in this section shall survive any termination or expiration of this Agreement. SECTION 16: INSURANCE A. Insurance certification required. The Public Defender must carry the following coverages and limits of liability: (1) Professional Liability (Errors, and Omissions) for attorneys with limits no less than $1,000,000 limit per occurrence/claim; and (2) Workers’ Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000 Any payment of deductible or self-insured retention shall be the sole responsibility of the Public Defender. All required policies shall be provided on an “occurrence” b asis except professional liability insurance (if required), which may be provided on a “claims-made” basis. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. 13 Public Defense Services The Public Defender's Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Public Defender's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Public Defender to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. SECTION 17: ESTABLISHMENT AND MAINTENANCE OF RECORDS A. All records required under this Agreement shall be maintained for a period of (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40.14. B. Willful failure to maintain or produce records or other required documentation during the time for maintenance of records may result in specific, related costs being disallowed. In the event the City has reason to believe that such a failure exists, notice shall be given to the Public Defender and the Public Defender shall respond in writing. The time for notification and response shall be the same as set forth in Section 11 (A). SECTION 18: AUDITS, RECORDS, AND ANNUAL FINANCIAL STATEMENTS A. The Public Defender must ensure that the City has full access to materials necessary to verify compliance with all terms of this Agreement. At any time, upon reasonable notice during business hours and as often as the City may deem necessary for a period of six (6) years, the Public Defender shall provide to the City right of access to its facilities, including those of any subcontractor, data, and other data relating to all matters covered by this Agreement. Provided that if any such data, records or materials are subject to any privilege or rules of confidentiality the Public Defender must maintain such data in a form or manner to provide same to the City that will not breach such confidentiality or privilege. The Public Defender shall maintain such data and records in an accessible location and condition for a period of not less than six (6) years following the receipt of final payment under this Agreement, unless the City agrees in writing to an earlier disposition. The Public Defender agrees to cooperate with the City or its agent in the evaluation of the Public Defender’s performance under this Agreement and to make available all information reasonably required by any such evaluation process or ongoing reporting requirements established by the 14 Public Defense Services City. The results and records of said evaluations and reports shall be maintained and disclosed in accordance with RCW Chapter 42.17. Notwithstanding any of the above provisions of this paragraph, all Constitutional, statutory, and common law rights and privileges of any indigent client are not waived. Provided further that nothing in this section shall require the disclosure of the names of any client represented pursuant to RCW 13.34 et seq, or RCW 71.02 et seq, or RCW 71.05 et seq. B. All such reports as are required under the terms of this Agreement shall be submitted to the City via electronic media (e-mail attachment or diskette) within the time limits for each report. SECTION 19: CONTRACTUAL RELATIONSHIP The relationship of the Public Defender to the City by reason of this Agreement shall be that of an independent contractor. This Agreement does not authorize the Public Defender to act as the agent or legal representative of the City for any purpose whatsoever and neither the Public Defender nor its employees shall be deemed employees of the City. The Public Defender is not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of the City or to bind the City in any manner or thing whatsoever. It is expressly understood and agreed that the Public Defender and the Public Defender’s employees shall in no event be entitled to any benefits to which City employees are entitled, including, but not limited to overtime, any retirement benefits, worker's compensation benefits, and injury leave or leave benefits. The Public Defender shall complete this Agreement according to the Public Defender’s own means and methods of work, which shall be in the exclusive charge and control of the Public Defender and which shall not be subject to control or supervision by the City, except such requirements for performance as are specified in this Agreement. The Public Defender agrees that it has secured or will secure at the Public Defender's own expense, all persons, employees, and equipment required to perform the services contemplated/required under this Agreement. SECTION 20: ASSIGNMENT AND SUBCONTRACTING The Public Defender shall not assign or subcontract any of its obligations under this Agreement without the City’s written consent, which may be granted or withheld in the City’s sole discretion. Said consent must be sought in writing by the Public Defender not less than fifteen (15) days prior to the date of any proposed assignment. Any subcontract made by the Public Defender shall incorporate by reference all the terms of this Agreement. The Public Defender shall ensure that all subcontractors comply with the obligations and requirements of the subcontract. The City’s consent to any assignment or subcontract shall not release the Public Defender from liability under this Agreement, or from any obligation to be performed under this Contract, whether occurring before or after such consent, assignment, or subcontract. SECTION 21: INVOLVEMENT OF FORMER CITY EMPLOYEES A. The Public Defender shall promptly notify the City in writing of any person who is expected to perform any of the Work funded by this Agreement and who, during the twelve (12) 15 Public Defense Services months immediately prior to the expected commencement date of such work or subcontract, was a City officer or employee. B. The Public Defender shall ensure that no Work or matter related to the Work funded by this Agreement is performed by any person (employee, subcontractor, or otherwise) who: (1) was a City officer or employee within the past twelve (12) months; and (2) as such was officially involved in, participated in, or acted upon any matter related to the Work. SECTION 22: NO CONFLICT OF INTEREST The Public Defender confirms that the Public Defender does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Public Defender selection, negotiation, drafting, signing, administration, or evaluating the Public Defender's performance. As used in this section, the term "Public Defender" shall include any employee of the Public Defender who was, is, or will be involved in the negotiation, drafting, signing, administration, or performance of the Agreement. As used in this section, the term "close family relationship" refers to the following: spouse or domestic partner; any dependent parent, parent-in-law, child, son-in-law, or daughter-in-law; or any parent, parent-in- law, sibling, uncle, aunt, cousin, niece or nephew residing in the household of a City officer or employee described above. SECTION 23: ERRORS & OMISSIONS; CORRECTION The Public Defender shall be responsible for the professional quality of all services furnished by or on the behalf of the Public Defender under this Agreement. The Public Defender, without additional compensation, shall correct or revise any Public Defender services immediately upon notification by the City. The obligation provided for in this section with respect to any acts or omissions during the term of this Agreement shall survive any termination or expiration of this Agreement. SECTION 24: CONFIDENTIALITY The parties agree that they will not permit the duplication or disclosure of any information designated in advance by the other party as "Confidential and Proprietary" to any person (other than its own employee, agent, or representative who must have such information for the performance of that party’s obligations hereunder) unless such duplication, use or disclosure is specifically authorized in writing by the other party or is required by law. "Confidential and Proprietary” information does not include ideas, concepts, know-how or techniques related to information that, at the time of disclosure, is in the public domain unless the entry of that information into the public domain is a result of any breach of this Agreement. Likewise, "Confidential and Proprietary” information does not apply to information that is independently developed, already possessed without obligation of confidentiality, or rightfully obtained from a third party without an obligation of confidentiality. 16 Public Defense Services SECTION 25: EXTRA WORK The City may desire to have the Public Defender perform work or render services in connection with this project other than that expressly provided for in the "Scope of Work" section of this Agreement. This will be considered extra work, supplemental to this Agreement, and shall not proceed unless authorized by an amendment. Any costs incurred due to the performance of extra work prior to execution of an amendment will not be reimbursed under this Agreement or an amendment. SECTION 26: GENERAL CONDITIONS A. Amendments: No modification of this Agreement shall be effective unless in writing and signed by an authorized representative of each of the parties hereto. B. Binding Agreement: This Agreement shall not be binding until signed by both parties. The provisions, covenants and conditions in this Agreement shall bind the parties, their legal heirs, representatives, successors, and assigns. C. Applicable Law/Venue: This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. The venue of any action brought hereunder shall be in the Superior Court for Kitsap County. D. Remedies Cumulative: Rights under this Agreement are cumulative and nonexclusive of any other remedy at law or in equity. E. Captions: The titles of sections are for convenience only and do not define or limit the contents. F. Severability: If any term or provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. G. Waiver: No covenant, term or condition or the breach thereof shall be deemed waived, except by written consent of the party against whom the waiver is claimed, and any waiver of the breach of any covenant, term or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term or condition. Neither the acceptance by the City of any performance by the Public Defender after the time the same shall have become due nor payment to the Public Defender for any portion of the Work shall constitute a waiver by the City of the breach or default of any covenant, term or condition unless otherwise expressly agreed to by the City, in writing. H. Entire Agreement: This document, along with any exhibits and attachments, constitutes the entire Agreement between the parties with respect to the Work. No verbal agreement or conversation between any officer, agent, associate or employee of the City and any officer, Public Defender, employee or associate of the Public Defender prior to the execution of this Agreement shall affect or modify any of the terms or obligations contained in this Agreement. 17 Public Defense Services I. Negotiated Agreement: The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof. J. Political Activity Prohibited: None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used in the performance of this Agreement for any partisan political activity or to further the election or defeat of any candidate for public office. K. Security Access: City shall provide Public Defender three (3) access codes for entry into the court facility after hours, except that the Public Defender shall provide the names of those individuals who will use the access codes. L. Parking: City shall provide up to four (4) parking spaces as needed near the Municipal Court for Public Defender Staff. M. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: Notices to be sent to: CITY: PUBLIC DEFENDER: Attn: Melinda Monroe, Finance Attn: Jacob Murphy, Esq. City of Bremerton LaCross and Murphy, PLLC 345 6th Street, Suite 100 559 Bay Street Bremerton, WA 98337-1891 Port Orchard, WA 98366 N. Use of Photographs and Images: Public Defender shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Public Defender or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. O. Work Performed at Public Defender's Risk: Public Defender shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -Public Defenders in the performance of the work hereunder and shall utilize all protect ion necessary for that purpose. All work shall be done at Public Defender's own risk, and Public Defender shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. 18 Public Defense Services IN WITNESS WHEREOF, in consideration of the terms, conditions, and covenants contained herein, or attached and incorporated and made a part hereof, the parties have executed this Agreement by having their representatives affix their signatures below. CITY OF BREMERTON LACROSS & MURPHY, PLLC GREG WHEELER, MAYOR By: ____________________ Its: Date: Date: APPROVED AS TO FORM: Roger A. Lubovich, City Attorney ATTEST: ______________________ Angela Hoover, City Clerk EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE STANDARDS CrR 3.1 STANDARDS FOR INDIGENT DEFENSE Preamble The Washington Supreme Court adopts the following Standards to address certain basic elements of public defense practice related to the effective assistance of counsel. The Certification of Appointed Counsel of Compliance with Standards Required by CrR 3.1/CrRLJ 3.1/JuCR 9.2 references specific “Applicable Standards.” The Court adopts additional Standards beyond those required for certification as guidance for public defense attorneys in addressing issues identified in State v. A.N.J., 168 Wash.2d 91 (2010), including the suitability of contracts that public defense attorneys may negotiate and sign. To the extent that certain Standards may refer to or be interpreted as referring to local governments, the Court recognizes the authority of its Rules is limited to attorneys and the courts. Local courts and clerks are encouraged to develop protocols for procedures for receiving and retaining Certifications. [Adopted effective October 1, 2012.] Standard 1. Compensation [Reserved.] Standard 2. Duties and Responsibilities of Counsel [Reserved.] Standard 3. Caseload Limits and Types of Cases Standard 3.1. The contract or other employment agreement shall specify the types of cases for which representation shall be provided and the maximum number of cases which each attorney shall be expected to handle. [Adopted effective October 1, 2012.] Standard 3.2. The caseload of public defense attorneys shall allow each lawyer to give each client the time and effort necessary to ensure effective representation. Neither defender organizations, county offices, contract attorneys, nor assigned counsel should accept workloads that, by reason of their excessive size, interfere with the rendering of quality representation. As used in this Standard, “quality representation” is intended to describe the minimum level of attention, care, and skill that Washington citizens would expect of their state’s criminal justice system. [Adopted effective October 1, 2012.] Standard 3.3. General Considerations. Caseload limits reflect the maximum caseloads for fully supported full-time defense attorneys for cases of average complexity and effort in each EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE STANDARDS case type specified. Caseload limits assume a reasonably even distribution of cases throughout the year. The increased complexity of practice in many areas will require lower caseload limits. The maximum caseload limit should be adjusted downward when the mix of case assignments is weighted toward offenses or case types that demand more investigation, legal research and writing, use of experts, use of social workers, or other expenditures of time and resources. Attorney caseloads should be assessed by the workload required, and cases and types of cases should be weighted accordingly. If a defender or assigned counsel is carrying a mixed caseload including cases from more than one category of cases, these standards should be applied proportionately to determine a full caseload. In jurisdictions where assigned counsel or contract attorneys also maintain private law practices, the caseload should be based on the percentage of time the lawyer devotes to public defense. The experience of a particular attorney is a factor in the composition of the case types in the attorney’s caseload, but it is not a factor in adjusting the applicable numerical caseload limits except as follows: attorneys with less than six months of full time criminal defense experience as an attorney should not be assigned more than two thirds of the applicable maximum numerical caseload limit. This provision applies whether or not the public defense system uses case weighting. The following types of cases fall within the intended scope of the caseload limits for criminal and juvenile offender cases in standard 3.4 and must be taken into account when assessing an attorney’s numerical caseload: partial case representations, sentence violations, specialty or therapeutic courts, transfers, extraditions, representation of material witnesses, petitions for conditional release or final discharge, and other matters that do not involve a new criminal charge. Definition of case. A case is defined as the filing of a document with the court naming a person as defendant or respondent, to which an attorney is appointed in order to provide representation. In courts of limited jurisdiction multiple citations from the same incident can be counted as one case. [Adopted effective October 1, 2012; amended effective January 1, 2015.] Standard 3.4. Caseload Limits. The caseload of a full-time public defense attorney or assigned counsel should not exceed the following: 150 felonies per attorney per year; or 300 misdemeanor cases per attorney per year or, in jurisdictions that have not adopted a numerical case weighting system as described in this standard, 400 cases per year; or 250 juvenile offender cases per attorney per year; or EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE STANDARDS 80 open juvenile dependency cases per attorney; or 250 civil commitment cases per attorney per year; or 1 active death penalty trial court case at a time plus a limited number of non-death- penalty cases compatible with the time demand of the death penalty case and consistent with the professional requirements of standard 3.2; or 36 appeals to an appellate court hearing a case on the record and briefs per attorney per year. (The 36 standard assumes experienced appellate attorneys handling cases with transcripts of an average length of 350 pages. If attorneys do not have significant appellate experience and/or the average transcript length is greater than 350 pages, the caseload should be accordingly reduced.) Full-time rule 9 interns who have not graduated from law school may not have caseloads that exceed twenty-five percent (25%) of the caseload limits established for full-time attorneys. In public defense systems in which attorneys are assigned to represent groups of clients at first appearance or arraignment calendars without an expectation of further or continuing representation for cases that are not resolved at the time (except by dismissal) in addition to individual case assignments, the attorneys’ maximum caseloads should be reduced proportionally recognizing that preparing for and appearing at such calendars requires additional attorney time. This provision applies both to systems that employ case weighting and those that do not. Resolutions of cases by pleas of guilty to criminal charges on a first appearance or arraignment docket are presumed to be rare occurrences requiring careful evaluation of the evidence and the law, as well as thorough communication with clients, and must be counted as one case. This provision applies both to systems that employ case weighting and those that do not. In public defense systems in which attorneys are assigned to represent groups of clients in routine review hearing calendars in which there is no potential for the imposition of sanctions, the attorneys’ maximum caseloads should be reduced proportionally by the amount of time they spend preparing for and appearing at such calendars. This provision applies whether or not the public defense system uses case weighting. [Adopted effective October 1, 2013, except paragraph 3, regarding misdemeanor caseload limits, effective January 1, 2015; amended effective January 1, 2015.] Standard 3.5. Case Counting and Weighting. Attorneys may not count cases using a case weighting system, unless pursuant to written policies and procedures that have been adopted and published by the local government entity responsible for employing, contracting with, or appointing them. A weighting system must: EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE STANDARDS A. recognize the greater or lesser workload required for cases compared to an average case based on a method that adequately assesses and documents the workload involved; B. be consistent with these Standards, professional performance guidelines, and the Rules of Professional Conduct; C. not institutionalize systems or practices that fail to allow adequate attorney time for quality representation; D. be periodically reviewed and updated to reflect current workloads; and E. be filed with the State of Washington Office of Public Defense. Cases should be assessed by the workload required. Cases and types of cases should be weighted accordingly. Cases which are complex, serious, or contribute more significantly to attorney workload than average cases should be weighted upward. In addition, a case weighting system should consider factors that might justify a case weight of less than one case. [Adopted effective October 1, 2012; amended effective January 1, 2015.] Standard 3.6. Case Weighting Examples. The following are some examples of situations where case weighting might result in representations being weighted as more or less than one case. The listing of specific examples is not intended to suggest or imply that representations in such situations should or must be weighted at more or less than one case, only that they may be, if established by an appropriately adopted case weighting system. A. Case Weighting Upward. Serious offenses or complex cases that demand more- than-average investigation, legal research, writing, use of experts, use of social workers, and/or expenditures of time and resources should be weighted upward and counted as more than one case. B. Case Weighting Downward. Listed below are some examples of situations where case weighting might justify representations being weighted less than one case. However, care must be taken because many such representations routinely involve significant work and effort and should be weighted at a full case or more. i. Cases that result in partial representations of clients, including client failures to appear and recommencement of proceedings, preliminary appointments in cases in which no charges are filed, appearances of retained counsel, withdrawals or transfers for any reason, or limited appearances for a specific purpose (not including representations of multiple cases on routine dockets). ii. Cases in the criminal or offender case type that do not involve filing of new criminal charges, including sentence violations, extraditions, EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE STANDARDS representations of material witnesses, and other matters or representations of clients that do not involve new criminal charges. Noncomplex sentence violations should be weighted as at least 1/3 of a case. iii. Cases in specialty or therapeutic courts if the attorney is not responsible for defending the client against the underlying charges before or after the client’s participation in the specialty or therapeutic court. However, case weighting must recognize that numerous hearings and extended monitoring of client cases in such courts significantly contribute to attorney workload and in many instances such cases may warrant allocation of full case weight or more. iv. Representation of a person in a court of limited jurisdiction on a charge which, as a matter of regular practice in the court where the case is pending, can be and is resolved at an early stage of the proceeding by a diversion, reduction to an infraction, stipulation on continuance, or other alternative noncriminal disposition that does not involve a finding of guilt. Such cases should be weighted as at least 1/3 of a case. [Adopted effective October 1, 2012; amended effective January 1, 2015.] Related Standards ABA STANDARDS FOR CRIMINAL JUSTICE: PROSECUTION FUNCTION AND DEFENSE FUNCTION Defense Function std. 4-1.2 (3d ed. 1993) ABA STANDARDS FOR CRIMINAL JUSTICE: PROVIDING DEFENSE SERVICES std. 5-4.3 (3d ed. 1992) AM. BAR ASS’N, GUIDELINES FOR THE APPOINTMENT AND PERFORMANCE OF DEFENSE COUNSEL IN DEATH PENALTY CASES (rev. ed. 2003) ABA Comm. on Ethics & Prof’l Responsibility, Formal Op. 06-441 (2006) (Ethical Obligations of Lawyers Who Represent Indigent Criminal Defendants When Excessive Caseloads Interfere With Competent and Diligent Representation) Am. Council of Chief Defenders, Statement on Caseloads and Workloads (Aug. 24, 2007) ABA House of Delegates, Eight Guidelines of Public Defense Related to Excessive Caseloads (Aug. 2009) TASK FORCE ON COURTS, NAT’L ADVISORY COMM’N ON CRIMINAL STANDARDS & GOALS, COURTS std. 13.12 (1973) MODEL CODE OF PROF’L RESPONSIBILITY DR 6-101. ABA House of Delegates, The Ten Principles of a Public Defense Delivery System (Feb. 2002) ABA House of Delegates, Standards of Practice for Lawyers Who Represent Children in Abuse and Neglect Cases (Feb. 1996) Nat’l Legal Aid & Defender Ass’n, Am. Council of Chief Defenders, Ethical Opinion 03- 01 (2003). Nat’l Legal Aid & Defender Ass’n, Standards for Defender Services std. IV-1 (1976) Nat’l Legal Aid & Defender Ass’n, Model Contract for Public Defense Services (2000) EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE STANDARDS Nat’l Ass’n of Counsel for Children, NACC Recommendations for Representation of Children in Abuse and Neglect Cases (2001) Seattle Ordinance 121501 (June 14, 2004) Indigent Defense Servs. Task Force, Seattle-King County Bar Ass’n, Guidelines for Accreditation of Defender Agencies Guideline 1 (1982) Wash. State Office of Pub. Defense, Parents Representation Program Standards of Representation (2009) BUREAU OF JUDICIAL ASSISTANCE, U.S. DEP’T OF JUSTICE, INDIGENT DEFENSE SERIES NO. 4, KEEPING DEFENDER WORKLOADS MANAGEABLE (2001) (NCJ 185632) Standard 4. Responsibility of Expert Witnesses [Reserved.] Standard 5. Administrative Costs Standard 5.1. [Reserved.] Standard 5.2. A. Contracts for public defense services should provide for or include administrative costs associated with providing legal representation. These costs should include but are not limited to travel; telephones; law library, including electronic legal research; financial accounting; case management systems; computers and software; office space and supplies; training; meeting the reporting requirements imposed by these standards; and other costs necessarily incurred in the day-to-day management of the contract. B. Public defense attorneys shall have (1) access to an office that accommodates confidential meetings with clients and (2) a postal address, and adequate telephone services to ensure prompt response to client contact. [Adopted effective October 1, 2012.] Standard 6. Investigators Standard 6.1. Public defense attorneys shall use investigation services as appropriate. [Adopted effective October 1, 2012.] Standards 7-12 [Reserved.] Standard 13. Limitations on Private Practice EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE STANDARDS Private attorneys who provide public defense representation shall set limits on the amount of privately retained work which can be accepted. These limits shall be based on the percentage of a full-time caseload which the public defense cases represent. [Adopted effective October 1, 2012.] Standard 14. Qualifications of Attorneys Standard 14.1. In order to assure that indigent accused receive the effective assistance of counsel to which they are constitutionally entitled, attorneys providing defense services shall meet the following minimum professional qualifications: A. Satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court; and B. Be familiar with the statutes, court rules, constitutional provisions, and case law relevant to their practice area; and C. Be familiar with the Washington Rules of Professional Conduct; and D. Be familiar with the Performance Guidelines for Criminal Defense Representation approved by the Washington State Bar Association and when representing youth, be familiar with the Performance Guidelines for Juvenile Defense Representation approved by the Washington State Bar Association; and E. Be familiar with the consequences of a conviction or adjudication, including possible immigration consequences and the possibility of civil commitment proceedings based on a criminal conviction; and F. Be familiar with mental health issues and be able to identify the need to obtain expert services; and G. Complete seven hours of continuing legal education within each calendar year in courses relating to their public defense practice. [Adopted effective October 1, 2012; amended effective April 24, 2018.] Standard 14.2. Attorneys' qualifications according to severity or type of case 1: A. Death Penalty Representation. Each attorney acting as lead counsel in a criminal case in which the death penalty has been or may be decreed and which the decision to seek the death penalty has not yet been made shall meet the following requirements: 1 Attorneys working toward qualification for a particular category of cases under this standard may associate with lead counsel who is qualified under this standard for that category of cases. EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE STANDARDS i. The minimum requirements set forth in Section 1; and ii. At least five years’ criminal trial experience; and iii. Have prior experience as lead counsel in no fewer than nine jury trials of serious and complex cases which were tried to completion; and iv. Have served as lead or co-counsel in at least one aggravated homicide case; and v. Have experience in preparation of mitigation packages in aggravated homicide or persistent offender cases; and vi. Have completed at least one death penalty defense seminar within the previous two years; and vii. Meet the requirements of SPRC 2.2 The defense team in a death penalt y case should include, at a minimum, the two attorneys appointed pursuant to SPRC 2, a mitigation specialist, and an investigator. Psychiatrists, psychologists, and other experts and support personnel should be added as needed. B. Adult Felony Cases—Class A. Each attorney representing a defendant accused of a Class A felony as defined in RCW 9A.20.020 shall meet the following requirements: i. The minimum requirements set forth in Section 1; and ii. Either: a. has served two years as a prosecutor; or 2 SPRC 2 APPOINTMENT OF COUNSEL At least two lawyers shall be appointed for the trial and also for the direct appeal. The trial court shall retain responsibility for appointing counsel for trial. The Supreme Court shall appoint counsel for the direct appeal. Notwithstanding RAP 15.2(f) and (h), the Supreme Court will determine all motions to withdraw as counsel on appeal. A list of attorneys who meet the requirements of proficiency and experience, and who have demonstrated that they are learned in the law of capital punishment by virtue of training or experience, and thus are qualified for appointment in death penalty trials and for appeals will be recruited and maintained by a panel created by the Supreme Court. All counsel for trial and appeal must have demonstrated the proficiency and commitment to quality representation which is appropriate to a capital case. Both counsel at trial must have five years’ experience in the practice of criminal law (and) be familiar with and experienced in the utilization of expert witnesses and evidence, and not be presently serving as appointed counsel in another active trial level death penalty case. One counsel must be, and both may be, qualified for appointment in capital trials on the list, unless circumstances exist such that it is in the defendant’s interest to appoint otherwise qualified counsel learned in the law of capital punishment by virtue of training or experience. The trial court shall make findings of fact if good cause is found for not appointing list counsel. At least one counsel on appeal must have three years’ experience in the field of criminal appellate law and be learned in the law of capital punishment by virtue of training or experience. In appointing counsel on appeal, the Supreme Court will consider the list, but will have the final discretion in the appointment of counsel. EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE STANDARDS b. has served two years as a public defender; or two years in a private criminal practice; and iii. Has been trial counsel alone or with other counsel and handled a significant portion of the trial in three felony cases that have been submitted to a jury. C. Adult Felony Cases—Class B Violent Offense. Each attorney representing a defendant accused of a Class B violent offense as defined in RCW 9A.20.020 shall meet the following requirements. i. The minimum requirements set forth in Section 1; and ii. Either; a. has served one year as a prosecutor; or b. has served one year as a public defender; or one year in a private criminal practice; and iii. Has been trial counsel alone or with other counsel and handled a significant portion of the trial in two Class C felony cases that have been submitted to a jury. D. Adult Sex Offense Cases. Each attorney representing a client in an adult sex offense case shall meet the following requirements: i. The minimum requirements set forth in Section 1 and Section 2(C); and ii. Has been counsel alone of record in an adult or juvenile sex offense case or shall be supervised by or consult with an attorney who has experience representing juveniles or adults in sex offense cases. E. Adult Felony Cases—All Other Class B Felonies, Class C Felonies, Probation or Parole Revocation. Each attorney representing a defendant accused of a Class B felony not defined in Section 2(C) or (D) above or a Class C felony, as defined in RCW 9A.20.020, or involved in a probation or parole revocation hearing shall meet the following requirements: i. The minimum requirements set forth in Section 1, and ii. Either: a. has served one year as a prosecutor; or EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE STANDARDS b. has served one year as a public defender; or one year in a private criminal practice; and iii. Has been trial counsel alone or with other trial counsel and handled a significant portion of the trial in two criminal cases that have been submitted to a jury; and iv. Each attorney shall be accompanied at his or her first felony trial by a supervisor if available. F. Persistent Offender (Life Without Possibility of Release) Representation. Each attorney acting as lead counsel in a “two strikes” or “three strikes” case in which a conviction will result in a mandatory sentence of life in prison without parole shall meet the following requirements: i. The minimum requirements set forth in Section 1;3 and ii. Have at least: a. four years’ criminal trial experience; and b. one year’s experience as a felony defense attorney; and c. experience as lead counsel in at least one Class A felony trial; and d. experience as counsel in cases involving each of the following: 1. Mental health issues; and 2. Sexual offenses, if the current offense or a prior conviction that is one of the predicate cases resulting in the possibility of life in prison without parole is a sex offense; and 3. Expert witnesses; and 4. One year of appellate experience or demonstrated legal writing ability. G. Juvenile Cases—Class A. Each attorney representing a juvenile accused of a Class A felony shall meet the following requirements: 3 RCW 10.101.060(1)(a)(iii) provides that counties receiving funding from the state Office of Public Defense under that statute must require “attorneys who handle the most serious cases to meet specified qualifications as set forth in the Washington state bar association endorsed standards for public defense services or participate in at least one case consultation per case with office of public defense resource attorneys who are so qualified. The most serious cases include all cases of murder in the first or second degree, persistent offender cases, and class A felonies.” EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE STANDARDS i. The minimum requirements set forth in Section 1, and ii. Either: a. has served one year as a prosecutor; or b. has served one year as a public defender; or one year in a private criminal practice; and iii. Has been trial counsel alone of record in five Class B and C felony trials; and iv. Each attorney shall be accompanied at his or her first juvenile trial by a supervisor, if available. H. Juvenile Cases—Classes B and C. Each attorney representing a juvenile accused of a Class B or C felony shall meet the following requirements: i. The minimum requirements set forth in Section 1; and ii. Either: a. has served one year as a prosecutor; or b. has served one year as a public defender; or one year in a private criminal practice, and iii. Has been trial counsel alone in five misdemeanor cases brought to a final resolution; and iv. Each attorney shall be accompanied at his or her first juvenile trial by a supervisor if available. I. Juvenile Sex Offense Cases. Each attorney representing a client in a juvenile sex offense case shall meet the following requirements: i. The minimum requirements set forth in Section 1 and Section 2(H); and ii. Has been counsel alone of record in an adult or juvenile sex offense case or shall be supervised by or consult with an attorney who has experience representing juveniles or adults in sex offense cases. J. Juvenile Status Offenses Cases. Each attorney representing a client in a “Becca” matter shall meet the following requirements: i. The minimum requirements as outlined in Section 1; and EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE STANDARDS ii. Either: a. have represented clients in at least two similar cases under the supervision of a more experienced attorney or completed at least three hours of CLE training specific to “status offense” cases; or b. have participated in at least one consultation per case with a more experienced attorney who is qualified under this section. K. Misdemeanor Cases. Each attorney representing a defendant involved in a matter concerning a simple misdemeanor or gross misdemeanor or condition of confinement, shall meet the requirements as outlined in Section 1. L. Dependency Cases. Each attorney representing a client in a dependency matter shall meet the following requirements: i. The minimum requirements as outlined in Section 1; and ii. Attorneys handling termination hearings shall have six months’ dependency experience or have significant experience in handling complex litigation. iii. Attorneys in dependency matters should be familiar with expert services and treatment resources for substance abuse. iv. Attorneys representing children in dependency matters should have knowledge, training, experience, and ability in communicating effectively with children, or have participated in at least one consultation per case either with a state Office of Public Defense resource attorney or other attorney qualified under this section. M. Civil Commitment Cases. Each attorney representing a respondent shall meet the following requirements: i. The minimum requirements set forth in Section 1; and ii. Each staff attorney shall be accompanied at his or her first 90 or 180 day commitment hearing by a supervisor; and iii. Shall not represent a respondent in a 90 or 180 day commitment hearing unless he or she has either: a. served one year as a prosecutor; or EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE STANDARDS b. served one year as a public defender; or one year in a private civil commitment practice, and c. been trial counsel in five civil commitment initial hearings; and iv. Shall not represent a respondent in a jury trial unless he or she has conducted a felony jury trial as lead counsel; or been co-counsel with a more experienced attorney in a 90 or 180 day commitment hearing. N. Sex Offender “Predator” Commitment Cases. Generally, there should be two counsel on each sex offender commitment case. The lead counsel shall meet the following requirements: i. The minimum requirements set forth in Section 1; and ii. Have at least: a. Three years’ criminal trial experience; and b. One year’s experience as a felony defense attorney or one year’s experience as a criminal appeals attorney; and c. Experience as lead counsel in at least one felony trial; and d. Experience as counsel in cases involving each of the following: 1. Mental health issues; and 2. Sexual offenses; and 3. Expert witnesses; and e. Familiarity with the Civil Rules; and f. One year of appellate experience or demonstrated legal writing ability. Other counsel working on a sex offender commitment case should meet the minimum requirements in Section 1 and have either one year’s experience as a public defender or significant experience in the preparation of criminal cases, including legal research and writing and training in trial advocacy. O. Contempt of Court Cases. Each attorney representing a respondent shall meet the following requirements: i. The minimum requirements set forth in Section 1; and EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE STANDARDS ii. Each attorney shall be accompanied at his or her first three contempt of court hearings by a supervisor or more experienced attorney, or participate in at least one consultation per case with a state Office of Public Defense resource attorney or other attorney qualified in this area of practice. P. Specialty Courts. Each attorney representing a client in a specialty court (e.g., mental health court, drug diversion court, homelessness court) shall meet the following requirements: i. The minimum requirements set forth in Section 1; and ii. The requirements set forth above for representation in the type of practice involved in the specialty court (e.g., felony, misdemeanor, juvenile); and iii. Be familiar with mental health and substance abuse issues and treatment alternatives. [Adopted effective October 1, 2012.] Standard 14.3. Appellate Representation. Each attorney who is counsel for a case on appeal to the Washington Supreme Court or to the Washington Court of Appeals shall meet the following requirements: A. The minimum requirements as outlined in Section 1; and B. Either: i. has filed a brief with the Washington Supreme Court or any Washington Court of Appeals in at least one criminal case within the past two years; or ii. has equivalent appellate experience, including filing appellate briefs in other jurisdictions, at least one year as an appellate court or federal court clerk, extensive trial level briefing, or other comparable work. C. Attorneys with primary responsibility for handling a death penalty appeal shall have at least five years' criminal experience, preferably including at least one homicide trial and at least six appeals from felony convictions, and meet the requirements of SPRC 2. RALJ Misdemeanor Appeals to Superior Court: Each attorney who is counsel alone for a case on appeal to the Superior Court from a court of limited jurisdiction should meet the minimum requirements as outlined in Section 1, and have had significant training or experience in either criminal appeals, criminal motions practice, extensive trial level briefing, clerking for an appellate judge, or assisting a more experienced attorney in preparing and arguing a RALJ appeal. EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE STANDARDS [Adopted effective October 1, 2012.] Standard 14.4. Legal Interns. A. Legal interns must meet the requirements set out in APR 9. B. Legal interns shall receive training pursuant to APR 9, and in offices of more than seven attorneys, an orientation and training program for new attorneys and legal interns should be held. [Adopted effective October 1, 2012.] Standards 15-18 [Reserved.] CERTIFICATION OF COMPLIANCE For criminal and juvenile offender cases, a signed Certification of Compliance with Applicable Standards must be filed by an appointed attorney by separate written certification on a quarterly basis in each court in which the attorney has been appointed as counsel. The certification must be in substantially the following form: EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE STANDARDS SEPARATE CERTIFICATION FORM __________________________ Court of Washington for _______________________________________ [ ] No.: __________________ [ ] Administrative Filing State of Washington_______________________, Plaintiff vs. _______________________________________, Defendant CERTIFICATION OF APPOINTED COUNSEL OF COMPLIANCE WITH STANDARDS REQUIRED BY CrR 3.1 / CrRLJ 3.1 / JuCR 9.2 The undersigned attorney hereby certifies: 1. Approximately _____% of my total practice time is devoted to indigent defense cases. 2. I am familiar with the applicable Standards adopted by the Supreme Court for attorneys appointed to represent indigent persons and that: a. Basic Qualifications: I meet the minimum basic professional qualifications in Standard 14.1. b. Office: I have access to an office that accommodates confidential meetings with clients, and I have a postal address and adequate telephone services to ensure prompt response to client contact, in compliance with Standard 5.2. c. Investigators: I have investigators available to me and will use investigative services as appropriate, in compliance with Standard 6.1. d. Caseload: I will comply with Standard 3.2 during representation of the defendant in my cases. [Effective October 1, 2013 for felony and juvenile offender caseloads; effective January 1, 2015 for misdemeanor caseloads: I should not accept a greater number of cases (or a proportional mix of different case types) than specified in Standard 3.4, prorated if the amount of time spent for indigent defense is less than full time, and taking into account the case counting and weighting system applicable in my jurisdiction.] e. Case Specific Qualifications: I am familiar with the specific case qualifications in Standard 14.2, Sections B-K and will not accept appointment in a case as lead counsel unless I meet the qualifications for that case. [Effective October 1, 2013] _________________________________________ ___________________ Signature, WSBA# Date AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 23, 2019 Interagency Agreement between the Washington State Administrative Office of the Courts and Bremerton Municipal Court for Interpreter Grant Funds COUNCIL MEETING Date: November 6, 2019 Department: Municipal Court Presenter: Dawn Williams Phone: (360) 473-5242 SUMMARY: : This Interagency Agreement between the Administrative Office of the Courts and the Bremerton Municipal Court provides reimbursement for up to 50% of interpreter costs not to exceed $3,358.00 from July 1, 2019 to June 30, 2020. ATTACHMENTS: Interagency Agreement IAA20147 between the Administrative Office of the Courts and Bremerton Municipal Court. FISCAL IMPACTS (Include Budgeted Amount): Reimbursement Funding in an amount not to exceed $3,358.00. No matching funds are required. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to accept the Interagency Agreement IAA20147 between the Washington State Administrative Office of the Courts and the Bremerton Municipal Court; and authorize the Court Administrator to finalize execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5G AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Washington State Department of Ecology (DOE) 2019-2021 Biennial Stormwater Capacity Grant Study Session Date: October 23, 2019 COUNCIL MEETING Date: November 6, 2019 Department: PW&U ---------Presenter: Chance Berthiaume Phone: (360) 473-5929 SUMMARY: DOE is providing a no match grant for $95,000 to assist in the implementation and management of the municipal stormwater program. The overall goal is to improve water quality by reducing stormwater pollutants discharged to state water bodies. ATTACHMENTS: Water quality stormwater capacity agreement between the Washington State Department of Ecology and City of Bremerton. FISCAL IMPACTS (Include Budgeted Amount): A $95,000 no match grant to the Stormwater Utility to assist with implementation of the NPDES Phase II Municipal Stormwater Permit requirements beginning July 1, 2019 through March 31, 2021. STUDY SESSION AGENDA: 181 Limited Presentation D Full Presentation STUDY SESSION ACTION: D Consent Agenda RECOMMENDED MOTION: D General Business D Public Hearing Move to accept the 2019-2021 Biennial Stormwater Capacity Grant with the Washington State Department of Ecology and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: 0 Approve 0Deny 0 Table 0 Continue D No Action Form Updated 01/02/2018 5H x AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of 12.5% Bulk Sodium Hypochlorite Solution from HASA, Inc. for the Westside Wastewater Treatment Plant Study Session Date: October 23, 2019 COUNCIL MEETING Date: November 6, 2019 Department: PW &U/WWTP Presenter: Rick Zimburean Phone: (360) 473-5449 SUMMARY: Requests for proposals were submitted to four Chemical Companies. Three proposals were received in response to a request from the city for furnishing 12.5% bulk sodium hypochlorite low-salt solution to the Westside WWTP. HASA, Inc., of Longview, WA submitted a proposal for low- salt, sodium hypochlorite at $0.925/gallon delivered to the Westside WWTP. The proposal also included $150 split-load fee when delivery is made to the Westside WWTP and to city lift station OC- 1 located at 2100 12th Street or OC-3 located at 1730 Park Avenue. The proposal will have firm pricing for a one-year term, from the time the proposal agreement is signed. HASA, Inc., cost including tax is the lowest proposed to the city. ATTACHMENTS: 1) Sodium Hypochlorite proposals from HASA, Inc., JCI Jones Chemicals, Inc., Univar Solutions, and NorthStar Chemical FISCAL IMPACTS (Include Budgeted Amount): These purchases are budgeted through the WWTP Operating Supplies budget of $540,000. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the proposal to purchase bulk low salt 12.5% sodium hypochlorite solution for a period of one year from HASA, Inc. at a cost of $0.925/gallon delivered; and authorize the Wastewater Manager to make these purchases on an as needed basis. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5I AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 23, 2019 Grant of Easement to Puget Sound Energy, Inc. (PSE) for Power System Improvement along Belfair Valley Road COUNCIL MEETING Date: November 6, 2019 Department: PW&U Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: Puget Sound Energy is requesting the City grant an easement for a project to improve power reliability on Belfair Valley Road. The project will install more robust “tree wire” and will also install a vault and appurtenances on City utility land. To complete the work PSE requires an easement of approximately 833 square feet. ATTACHMENTS: 1) Easement; 2) Real Property Voucher Form FISCAL IMPACTS (Include Budgeted Amount): PSE will compensate the City $1,500 for the Easement STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to authorize the granting of an easement to Puget Sound Energy, Inc. for power system improvement along Belfair Valley Road; 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 01/02/2018 5J AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5379 amending Chapter 2.78 of the Bremerton Municipal Code entitled “Real Property Transactions” Study Session Date: October 23, 2019 COUNCIL MEETING Date: November 6, 2019 Department: City Council Presenter: Eric Younger Phone: (360) 473-5280 SUMMARY: This update to the Bremerton Municipal Code updates language in Chapter 2.78 to allow the Mayor or designee to approve real property transactions without City Council approval when the value of the transaction does not exceed $10,000. ATTACHMENTS: 1) Ordinance No. 5379 FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5379 amending Chapter 2.78 of the Bremerton Municipal Code entitled “Real Property Transactions”. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5K KJ Chapter 2.78 BMC - Real Property Transactions ORDINANCE NO. 5379 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending provisions of Chapter 2.78 of the Bremerton Municipal Code entitled "Real Property Transactions". WHEREAS, the City Council desires to amend provisions of Chapter 2.78 of the Bremerton Municipal Code relating to City Council approval of purchases and sales of real property and to make related changes; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.78 of the Bremerton Municipal Code entitled "Real Property Transactions" is hereby amended to read as follows: 2.78.010 PURCHASES AND SALES. (a) Except as otherwise provided in this chapter, Tthe City Council shall approve all purchases of real property and shall surplus as appropriate and approve all sales of real property by the City. (b) When disposing of real property, the City may list the property with a real estate broker, negotiate directly with a prospective purchaser or utilize any other appropriate means to sell the property. (c) If the City determines that the real property has value only to an abutting owner of land because of the size, shape, topography, feature or restriction of the property, the City shall notify the abutting owner that the property is for sale to allow them an opportunity to submit an offer to purchase the property and/or to match any offer presented. (d) Subject to the provisions of this chapter, all real property purchases and sales shall be pursuant to terms and conditions as approved by the City Council., except as provided in subsection (e) below. (e) The purchase or sale of real property including easements and the granting or acquisitions of rights-of-way with a purchase or sale cost which does not exceed ten thousand dollars ($10,000.00) may be approved by the Mayor or designee and shall not require City Council approval. 2.78.020 LEASES. The leasing of real property by or to the City for a term which, including options, does not exceeds two (2) years and/or rent or lease payments which does not exceeds ten thousand dollars ($10,000) per year may be approved by the Mayor or designee and shall not require the approval of the City Council approval. Chapter 2.78 BMC - Real Property Transactions 2.78.030 RIGHT-OF-WAY ACQUISITIONS. City Council approval of project budgets or condemnation proceedings for right-of-way, easement or other land acquisitions for street or road development or improvements shall constitute City Council approval for the purpose of BMC 2.78.010. 2.78.040 UTILITY PROPERTY - SURPLUSING. Prior to the sale or lease of City public utility real property, the City Council shall, by resolution, surplus and authorize the sale or lease of said property following a public hearing pursuant to the provisions of RCW 35.94.040. 2.78.050 PARKS PROPERTY. The sale or lease of parks property as designated in BMC 13.12.020 shall be subject to the provisions of the Parks Protection Code, Chapter 13.12 BMC. 2.78.060 INTERGOVERNMENTAL SALES AND LEASES. Prior to the sale or lease of surplus City property having an estimated value of more than fifty thousand dollars ($50,000) to another governmental entity, the City Council shall hold a hearing following notice pursuant to the provisions of RCW 39.33.020. 2.78.070 RELOCATION Pursuant to RCW 8.26.010(2), the City hereby elects not to comply with the provisions of RCW 8.26.035 through 8.26.115 regarding moving and related expenses when acquiring property in connection with a program or project not receiving federal financial assistance. SECTION 2. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the___________ day of ____________________, 2019. _________________________________ ERIC YOUNGER, Council President Chapter 2.78 BMC - Real Property Transactions Approved this ________ day of ________________________, 2019. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ _________________________________ ANGELA HOOVER, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the ________ day of ______________________, 2019. EFFECTIVE the ________ day of ______________________, 2019. ORDINANCE NO. ________. R:\Legal\Legal\Ordinances\Legal\2019.09.30 BMC 2.78 Real Property Transactions Ordinance3.docx AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance 5380 amending Chapter 2.92 of the Bremerton Municipal Code entitled “Insurance Coverage and Claims Management” Study Session Date: October 23, 2019 COUNCIL MEETING Date: November 6, 2019 Department: City Council Presenter: Eric Younger Phone: (360) 473-5280 SUMMARY: This update to the Bremerton Municipal Code updates language in Chapter 2.92 to allow the City Attorney or designee to approve the purchase of an insurance policy without City Council approval when the annual premium does not exceed $25,000. Further amends the chapter correct language relating to claims management. ATTACHMENTS: 1) Ordinance No. 5380 FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5380 amending Chapter 2.92 of the Bremerton Municipal Code entitled “Insurance Coverage and Claims Management”. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5L 1 BMC 2.92.040 – Risk Management ORDINANCE NO. 5380 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Sections 2.92.040 and 2.92.060 of the Bremerton Municipal Code relating to the purchase of insurance policies, funded self-insurance programs, pooled coverage and related services, and amending language relating to claims management. WHEREAS, the City Council desires to update the provisions of Section 2.92.040 of the Bremerton Municipal Code relating to the purchase of insurance policies, funded self- insurance programs, pooled coverage and related services; and WHEREAS, the City Council desires to update the provisions of Section 2.92.060 of the Bremerton Municipal Code relating to claims management to correct language; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 2.92.040 of the Bremerton Municipal Code entitled "Insurance/Self-Insurance/Pooled Coverage Programs" is hereby amended to read as follows: 2.92.040 INSURANCE/SELF-INSURANCE/POOLED COVERAGE PROGRAMS. The Risk Management Specialist is responsible for the procurement and administration of all insured, self-insured and/or pooled property, casualty and liability coverage programs: (a) The Risk Management Specialist may, with the approval of the City Attorney, negotiate with insurance brokers for any type of insurance and may recommend that the City engage the services of such brokers;. (b) The Risk Management Specialist shall purchase all insurance policies including funded self-insurance programs, pooled coverage and related services, and shall administer the same. The purchase of any policy shall be as follows: 1. For any insurance policy with an annual premium of twenty-five thousand dollars ($25,000.00) or less, the Risk Management Specialist may purchase the policy with the approval of the City Attorney, or designee. Such purchase shall not require City Council approval. 2. For any insurance policy with an annual premium exceeding twenty-five thousand dollars ($25,000.00), the Risk Management Specialist, with the approval of the City Attorney, or designee, is authorized to bind policy coverage without prior City Council approval subject to budget authority. Within sixty (60) days of binding coverage, the Risk Management Specialist shall advise City Council that coverage was bound and seek City Council approval for continuation of the bound coverage. (b) The Risk Management Specialist shall purchase, with the approval of the City Attorney and City Council, all insurance policies, funded self-insurance programs, pooled coverage and related services, and shall administer the same. The Risk Management Specialist, 2 BMC 2.92.040 – Risk Management with the approval of the City Attorney, is authorized to bind property, casualty, and surety insurance coverage without prior approval by City Council subject to budget authority. Within sixty (60) days of binding coverage, the Risk Management Specialist shall advise City Council that coverage was bound and seek City Council approval for continuation of the bound coverage; (c) The Risk Management Specialist shall make an annual report to the City Council regarding insurance coverage and the level of retained risk, and such other reports as may be required by the Council. SECTION 2. Section 2.92.060 of the Bremerton Municipal Code entitled "Claims Management – Non-Litigation Claims" is hereby amended to correct language in Subsection (d) as follows: 2.92.060 CLAIMS MANAGEMENT - NON-LITIGATION CLAIMS. The Risk Management Specialist shall be responsible for the investigation and evaluation of all non-litigation claims by or against the City. (a) The City Clerk is hereby designated to receive all claims. He/she shall forward to the Risk Management Specialist all non-litigation claims naming the City and/or its officers or employees, which claims allege that said officers or employees, acting within the scope of their duties, caused the claimant damages. (b) All City departments, divisions and other City agencies shall report immediately to the Risk Management Specialist the occurrence of any accident or incident which may give rise to a claim by or against the City to ensure prompt investigation of the incident. (c) The Risk Management Specialist shall initiate and/or coordinate the investigation of all non-litigation claims. The Risk Management Specialist may employ, subject to the City Attorney’s approval, the services of claims specialists. All investigation of non-litigation claims and potential claims shall be conducted as the agent of the City Attorney, and protected by the attorney-client privilege and attorney work product rule, to the extent allowed by law. (d) The City Attorney shall have the authority to negotiate and approve the settlement of any non-litigation claim; provided, however, the settlement of any such claim in excess of twenty-five thousand dollars ($25,000) shall require the approval of the Mayor and the settlement of any non-litigation claim in excess of fifty thousand dollars ($50,000) shall be subject to the approval of the City Council. (e) The Risk Management Specialist shall maintain complete histories of all non- litigation claims reported to the Office of Risk Management, and investigation thereof sufficient to document at least a seven (7) year claims history or such other period of time deemed necessary for purposes of reporting claims history to insurance companies. SECTION 3. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 4. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 3 BMC 2.92.040 – Risk Management SECTION 5. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the___________ day of ____________________, 2019 _________________________________ ERIC YOUNGER, Council President Approved this ________ day of ________________________, 2019 _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ ANGELA HOOVER, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2019 EFFECTIVE the_________day of ______________________, 2019 ORDINANCE NO. ____________ R:\Legal\Legal\Ordinances\Risk\Section 2.92 Insurance Purchase 2019 - Final.doc AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 23, 2019 Ordinance No. 5381 amending and re- establishing City Rates & Fees for 2020 COUNCIL MEETING Date: November 6, 2019 Department: All Presenter: Mike Riley Phone: (360) 473-5303 SUMMARY: Each year, as part of the budget process, the various City departments review their charges, rates and fees for services and make recommendations on any changes needed. The attached included recommended changes to fees charged by the various departments. ATTACHMENTS: 1. Ordinance No. 5381 and 2) Exhibit A FISCAL IMPACTS (Include Budgeted Amount): Impacts to revenues are dependent on the demand for services. The 2020 proposed budget does anticipate the approval of the ordinance and related rate tables. STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5381 amending and re-establishing City Rates and Fees for 2020. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5M Item Pulled… AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5382 amending Study Session Date: October 23, 2019 Sections 15.06.010 and 15.06.015 of the Bremerton Municipal Code relating to “Assessments, Rates, Fees and Charges” COUNCIL MEETING Date: November 6, 2019 Department: PW&U Presenter: Thomas Knuckey Phone: (360) 473-2376 SUMMARY: The proposed ordinance updates language in Section 15.06.010 of the Bremerton Municipal Code to correct the reference to General Facility Charges, and to clarify the exception of these charges from the 150% assessment for service outside the City limits. The proposed ordinance updates language in Section 15.06.015 of the Bremerton Municipal Code to change the index relating to rate adjustments of general facility charges. ATTACHMENTS: 1) Ordinance No. 5382 FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5382 amending Sections 15.06.010 and 15.06.015 of the Bremerton Municipal Code relating to Assessments, Rates, Fees and Charges. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5N Page 1 of 2 Chapter 15.06 BMC - GFC Amendments ORDINANCE NO. 5382 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Sections 15.06.010 and 15.06.015 of the Bremerton Municipal Code relating to utility rates and charges. WHEREAS, the City Council desires to amend Section 15.06.010 of the Bremerton Municipal Code entitled “Purpose” in order to clarify language relating to utility services outside the City limits; and WHEREAS, the City Council desires to amend Section 15.06.015 of the Bremerton Municipal Code entitled “Assessments, Rates, Fees and Charges – Established” in order to change the index relating rate adjustments of general facility charges; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 15.06.010 of the Bremerton Municipal Code entitled “Purpose” is hereby amended to read as follows: 15.06.010 PURPOSE. This chapter provides for the establishment of fees, rates, and other charges for connection to or utilization of the utility system, for providing utility service, administration and maintenance of utility accounts, and for the operation, maintenance, repair, and improvements of the utility system. Fees, rates, and other service charges shall include, but not be limited to, front footage fees, general facility feescharges, connection charges, utility service rates, account maintenance charges, plan check, and system development fees and charges. All fees, rates, and charges for service outside the City limits, with the exception of general facility charges, will be assessed at a charge of one hundred fifty percent (150%) of the City rate for wastewater and one hundred fifty percent (150%) of the City rate for water. SECTION 2. Section 15.06.015 of the Bremerton Municipal Code entitled “Assessments, Rates, Fees and Charges – Established” is hereby amended to read as follows: 15.06.015 ASSESSMENTS, RATES, FEES AND CHARGES - ESTABLISHED (a) Assessments, rates, fees, and charges for services relating to the Department for water, wastewater, stormwater utilities, and other related services are on file with the City Clerk and posted on the City of Bremerton’s website. See Chapter 3.01 BMC for the link to the City of Bremerton’s website for rates and fees. (b) Commencing on January 1, 2018, and on January 1st of each successive year thereafter, the established utility rates, fees and charges identified in Chapter 3.01 BMC, not otherwise adjusted by the City Council during the previous six (6) month period, shall automatically be adjusted as follows: Page 2 of 2 Chapter 15.06 BMC - GFC Amendments (1) The utility GFCs shall be adjusted upward to the nearest dollar based upon the most current ENR (Engineering News-Record) Construction Cost Index - 20 City AverageSeattle Construction Index (SCI); and (2) All other utility rates, fees and charges shall be adjusted upward to the nearest dollar based on the most current Consumer Price Index for All Urban Consumers, Seattle. SECTION 3. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 4. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the___________ day of ____________________, 2019. _________________________________ ERIC YOUNGER, Council President Approved this ________ day of ________________________, 2019. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ _________________________________ ANGELA HOOVER, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the ________ day of ______________________, 2019. EFFECTIVE the ________ day of ______________________, 2019. ORDINANCE NO. ________. R:\Legal\Legal\Ordinances\Public Works & Utilities\2019.10.25 BMC 15.06.010 and 15.06.050 - Ordinance.docx AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 23, 2019 Ordinance No. 5383 amending and re- establishing Utility Assessments, Rates, Fees, and Charges for 2020 COUNCIL MEETING Date: November 6, 2019 Departments: Financial Services and PW&U Presenters: Mike Riley and Tom Knuckey Phone: (360) 473-5303 SUMMARY: Proposed ordinance to amend and re-establish the 2020 Utility Assessments, Rates, Fees, and Charges. ATTACHMENTS: 1. Ordinance No. 5383; 2) Exhibit A; 3) Handout entitled: “2019/2020 Rate Comparison for Cities Near Bremerton”; and 4) Handout entitled “Combined Bi-Monthly Utility Rate Comparison” FISCAL IMPACTS (Include Budgeted Amount): General Facility Charges (GFCs) were adjusted by 3.57%, the annual change in the 20-City national average Construction Cost Index (CCI) published by Engineering News-Record (ENR). Miscellaneous fees were adjusted by an annual change in the Consumer Price Index - All Urban Consumers (CPI-U), Seattle-Tacoma-Bellevue for the month ended August 31, 2019 at 3.2%. The Utility rates are incorporated in the 2020 Proposed Budget. STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5383 amending and re-establishing 2020 Assessments, Rates, Fees, and Charges for Water, Wastewater, Stormwater, and other related services. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 6A Item Pulled… AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 23, 2019 Public Hearing on Revenue Sources for the Proposed FY-2020 City of Bremerton Budget COUNCIL MEETING Date: November 6, 2019 Department: Financial Services Presenter: Mike Riley and Caroline Tompson Phone: (360) 473-5303 SUMMARY: Tonight’s public hearing is to take comments on the revenue sources for the 2020 Proposed Budget. The proposed budget anticipates property levy increases of the full 1% allowed by law. The EMS levy is being set at .50 cents per $1000 of Assessed Valuation in anticipation of pending ballot measure. Utility tax rates remain unchanged. The proposed budget also adjusts for the annual $20,000 increase to the B&O tax exemption rate, incorporates utility rate increases and includes interfund transfers between funds where appropriate. Overall, the revenue projections throughout all funds remain conservative. ATTACHMENTS: The 2020 Proposed Budget may be found on the City’s website at www.bremertonwa.gov. FISCAL IMPACTS (Include Budgeted Amount): Total proposed general fund revenue, without beginning fund balance, is $45,983,662. With beginning fund balance, total general fund revenue is $57,086,629. Total proposed revenue city wide, without beginning fund balance, is $128,794,880. With beginning fund balance, total revenue city wide is $180,931,353. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing RECOMMENDED MOTION: Open Hearing for Public Comment COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 7A Revised… AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing (1 of 2) on the Proposed 2020 FY-2020 City of Bremerton Budget Study Session Date: Budget Workshops COUNCIL MEETING Date: November 6, 2019 Department: Financial Services Presenters: Mike Riley Phone: (360) 473-5303 SUMMARY: Tonight’s public hearing is to take comments on the 2020 Proposed Budget. Budget workshops were held on October 28, October 30, and November 4 where an overview of the Mayor’s proposed budget was presented to Council. Public comments will be taken into consideration before Council adopts a final ordinance. ATTACHMENTS: The 2020 Proposed Budget and related workshop presentations may be found on the City’s website at www.bremertonwa.gov FISCAL IMPACTS (Include Budgeted Amount): Total proposed general fund expenditures, without ending fund balance, is $48,074,052. With ending fund balance, total general fund expenditures are $57,086,629. Total proposed expenditures city wide, without ending fund balance, is $138,063,858. With ending fund balance, total expenditures city wide is $180,931,353. STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation - Budget Workshops STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing RECOMMENDED MOTION: This first Public Hearing will be opened tonight to receive comments from the public only. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/07/15 7B Revised… AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 23, 2019 Public Hearing approving the Substantial Amendment to the 2018 CDBG/HOME Action Plan to remove $120,000 from Quincy Square to the YWCA Alive Shelter COUNCIL MEETING Date: November 6, 2019 Department: DCD-CDBG Presenter: Sarah Achaoui Phone: (360) 473-5375 SUMMARY: Annually the U.S. Department of Housing and Urban Development (HUD) reviews the performance of each entitlement community according to 24 CFR 570.902. On November 1 of each calendar year HUD runs a formula calculation and the amount of entitlement grant funds available to the recipient under grant agreements but undisbursed by the U.S. Treasury must be under 1.5 times the entitlement grant amount for its current program year. Currently, the City of Bremerton is over the 1.5 ratio by $119,389, a 1.75 ratio. There is a significant unspent balance on the 2018 Public Works and Utilities Quincy Square Engineering and Design Project with no real plan to get the funding drawn down in a timely manner. To remedy, to ensure CFR compliance, is to create a substantial amendment to the 2018 CDBG Annual Action Plan to transfer unspent funding in the amount of $120,000 from the Quincy Square project and create a new activity. The City’s CDBG Policy Plan outlines the procedures that must be followed to make an amendment to the grant awards. The plan requires that the Project Review Committee must meet and make a funding recommendation. That recommendation is published and a 30-day public comment period is opened. The comment period ran from September 25th-October 26th all public comments have been forwarded to the City Council for review. ATTACHMENTS: 1) Memo dated November 6, 2019; 2) Proposed Substantial Amendment “Exhibit A”; and 3) Power Point Presentation FISCAL IMPACTS (Include Budgeted Amount): No fiscal impacts to the City. STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing RECOMMENDED MOTION: Move to approve the Substantial Amendment to the 2018 CDBG/HOME Action Plan to remove $120,000 from Quincy Square to the YWCA Alive Shelter. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 7C To: Bremerton City Council From: Sarah Achaoui Date: November 6th, 2019 Re: Public Hearing to Adopt Substantial Amendment to the 2018 CDBG/HOME Action Plan What a Substantial Amendment? A substantial amendment, as defined in the 2020 CDBG/HOME Policy Plan is a change in the use of CDBG or HOME funds from one eligible activity to another. The Project Review Committee (PRC) is tasked with reviewing changes and making a recommendation of any funding change. A substantial amendment was published in the Kitsap Sun on September 25th and was subject to a 30-day public comment period, which many public comments were received. The Bremerton City Council has to adopt the final change. Why are we doing a Substantial Amendment to the 2018 CDBG/HOME Action Plan? The City is experiencing a timeliness issue with expenditures of 2018 funds. According to 24 CFR 570.902 the City cannot have more than 1.5 times the entitlement grant amount for its current program year sitting in its Line of Credit. Currently we are at 1.75 times the current grant amount ($120,000). Since we will not have those funds drawn down by November 1st (the date of the test), we must immediately create a substantial amendment to the 2018 plan to create a new activity and use those funds. The largest project funded with 2018 CDBG funds which is still open is Quincy Square with a current balance of: $286,591. Due to this large amount of funding not being able to be drawn down in time for our timeliness check the PRC has proposed two options for use of these funds. Why did the Project Review Committee choose two options? The Project Review Committee always creates contingency and back up plans in case the first priority doesn’t work. Since it is so critical to have these funds awarded and spent down in a timely manner it was important to have two options selected. The Project Review Committee (PRC) selected Priority use 1 and Priority use 2 and they have built in important criteria that must be met by Priority use 1 in order for the recipient/project to be eligible. If eligibility is not met, the funds still need to be awarded in a timely manner so Priority use 2 will need to be selected. These priorities were brought forward to the City Council on Wednesday, October 23rd 2019 and the YWCA was selected. But these priorities are described below: DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM PRIORITY 1: The Kitsap Rescue Mission was selected for Priority 1 to install a sprinkler system in their building in order to gain Occupancy for the building to be used as a shelter. The Project Review Committee placed criteria which need to be met in order to be eligible to receive CDBG funds. These requirements are Statutory requirements for the use of CDBG funds. The conditions are described in the attached document under ‘Priority 1-Option.’ Here are the applicable Federal Regulations and Statutes which must be met by all grantees: 24 CFR Part 6: Nondiscrimination in Programs and Activities receiving assistance under Title 1 of the Housing and Community Development Act of 1974 (which includes 24 CFR 6.5 Discrimination prohibited-employment which states: A recipient may not, under any program or activity funded in whole or in part with Federal Financial Assistance, subject a person to discrimination in the terms and conditions of employment. Terms and conditions of employment include advertising, interviewing, selection, promotion, demotion, transfer, recruitment and advertising, lay off or termination, pay or other compensation, including benefits and selection for training. Section 109 of the Housing and Community Development Act of 1974 (as implemented CDBG: 24 CFR 570.602): Which prohibits discrimination on the basis of race, color, national origin, disability, age, religion and sex within Community Development Block Grant programs or activities. This includes employment and beneficiaries of CDBG funded activities. 42 U.S.C. 5309: No person in the United States shall on the ground of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available in this chapter (which includes the Community Development Block Grant). Title VII, Civil Rights Act of 1964: All personnel actions affecting employees or applicants for employment shall be made free from any discrimination based on race, color, religion, sex or national origin. Executive Order 11246: Equal Employment Opportunity: Contractors receiving funds under the Community Development Block grant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. CPD Notice 04-01: Provides guidance regarding the CDBG grantees covered by the September 30, 2003 final rule on ensuring equal treatment of faith-based organizations in CPD programs: A faith- based organization, like any other entity participating in a HUD funded program, must comply with all the statutory requirements of that program. The CDBG and HOME programs contain statutory provisions imposing nondiscrimination requirements on all grantees and their recipients and subrecpients. While the Kitsap Rescue Mission has stated in their Employee Handbook that they have a Constitutional right to retain Religious preference in hiring, which may be true however the CDBG and HOME Programs contain statutory provisions which impose certain nondiscrimination requirements on all grantees (see above), which means hiring on the basis of religion is prohibited in these programs. The Kitsap Rescue Mission has requested an exemption to this under the Religious Freedom Restoration Act. The City requested more information on this exemption from the U.S. Department of Housing and Urban Development on September 26, 2019. The request is currently being handled by the Office of Community Planning and Development located at the Headquarters of the U.S. Department of Housing and Urban Development (Robert C. Weaver Federal Building, 451 7th St SW Washington DC, 20410). It is undetermined when we will receive guidance on this exemption. If the Rescue Mission does receive an exemption and it occurs after the November 1st deadline, they will be welcome to apply for CDBG funds in the future. Unfortunately, due to Federal requirements for timeliness, we must have a plan in place immediately after this Public Hearing with expenditures occurring very soon after contract execution. We simply cannot wait for an exemption which may or may not happen. It should be noted that the Kitsap Rescue Mission has indicated that they will not be revising their hiring practices. Due to this, they will be ineligible to receive Federal funding at this time. The CDBG program does fund other faith-based organizations. Staff is recommending that this option not be selected because they are ineligible. Organizations that are funded have board approved non- discrimination policies which include employment and they separate with time/location all faith- based activities. Board approved non-discrimination documents for other faith-based organizations funded with City of Bremerton CDBG funds can be provided by request from the CDBG Administrator. PRIORITY 2 Project is to do necessary rehabilitation and repairs which include: lead based paint and asbestos (as necessary) abatement, weatherization, security and required repairs to the shelter. The Project Review Committee recommends that the YWCA contract with Kitsap Community Resources for construction and project management. The YWCA has submitted their board-approved equal employment opportunity policy which documents compliance with CDBG statutory non- discrimination requirements. Exhibit A Substantial Amendment 2018 CDBG/HOME Action Plan The Project Review Committee made two recommendations for the 2018 Substantial Amendment to reallocate 2018 funding from Quincy Square and setting up a new activity. Two proposals were selected because the 1st priority’s applicant was ineligible for funding due to the nature of their hiring practices. The City gave them the opportunity to amend these practices. They did not do so, and at this point in time are still ineligible for funding. On October 23rd, the City Council provided guidance that the YWCA should be selected to receive the funding and this will be brought to the Council on November 6th in a Public Hearing for a vote. The Committee was tasked with making these recommendations due to the fact that there is a portion of ‘unused/at-risk’ funds which need to be reallocated to a new activity. 2018 Substantial Amendment Reallocate 'unused/at-risk' funds from Quincy Square ($120,000) for Capital Improvements to YWCA shelter for lead based paint abatement and asbestos (as necessary) abatement, weatherization, security and necessary repairs to the shelter. 2018 Substantial Amendment to the Community Development Block Grant Annual Action Plan Council Public Hearing, November 6, 2019 Sarah Achaoui, CDBG Administrator 24 CFR 570.902 Review to determine if CDBG-funded activities are being carried out in a timely manner Sixty days prior to the end of the grantee’s current program year, the amount of entitlement grant funds available to the recipient under grant agreements but undisbursed by the U.S. Treasury cannot be more than 1.5 times the entitlement grant amount for its current program year. In early September staff ran the test and determined that we needed to spend down at least: $118,913 (To bring the ratio from 1.75 to 1.5). Administration determined that we needed to do a “substantial amendment” to reallocate $120,000 to a grantee that can spend the funding quickly. Substantial amendments as defined by 2019 Policy Plan adopted by Bremerton City Council on March 16, 2018 (resolution number 3307). The Policy Plan required that the Project Review Committee (PRC) meet and develop and alternate funding plan for a substantial amendment. There were no grant applications that were unfunded from 2018 so the PRC reviewed current applicants for 2020 funding and developed a recommendation for them to receive the 2018 funds. The following were the two options the Project Review Committee brought forward for 2018 funding: 1: Kitsap Rescue Mission-Shelter Improvements 2: YWCA -Improvements to ALIVE Shelter Priority 1: If a 2018 Substantial Amendment is awarded as follows: Reallocate ‘unused/at-risk’ funds from Quincy Square ($120,000) for Capital improvements to Kitsap Rescue Mission to help create an overnight shelter facility that is in conformance with building and Fire code. Award Conditions: Kitsap Rescue Mission must: Demonstrate conformance with HUD non-discrimination requirements documented in Federal Statute 42 U.S.C. 5309, Section 109 of the Housing and Community Development (HCD) Act of 1974 (as implemented in 570.602), and 24 CFR Part 6, Which states: “No applicant can deny an individual an opportunity to participate in a program or activity as an employee” and which includes policies that protect employees, volunteers, and beneficiaries of the Kitsap Rescue Mission. This shall be done with Kitsap Rescue Mission board approved action with notification to the City, which also includes a commitment from Kitsap Rescue Mission to publish the nondiscrimination policy on their website and communicate that it is Kitsap Rescue Mission’s adopted policy. Federal Regulations and Statutes regarding non-discrimination required to be followed for use of CDBG Funds: 42 U.S.C. 5309: No person in the United States shall on the ground of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this chapter includes Community Development Block Grant. Section 109 of the Housing and Community Development Act of 1974 (as implemented CDBG: 24 CFR: 570.602: Prohibits discrimination on the basis of race, color, national origin, disability, age, religion and sex within Community Development Block Grant programs or activities. This includes employment and beneficiaries of CDBG funded activities. 24 CFR Part 6 Nondiscrimination in Programs and Activities receiving assistance under Title I of the Housing and Community Development Act of 1974 (includes 6.5 -Discrimination prohibited –employment): A recipient may not, under any program or activity funded in whole or in part with Federal Financial Assistance, subject a person to discrimination in the terms and conditions of employment. Terms and conditions of employment include advertising, interviewing, selection, promotion, demotion, transfer, recruitment and advertising, layoff or termination, pay or other compensation, including benefits and selection for training. Federal Regulations and Statutes required to be followed for use of CDBG Funds (cont.): Executive Order 11246: Equal Employment Opportunity: Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. CPD Notice 04-01: provides guidance regarding the CDBG grantees covered by the September 30, 2003 final rule on ensuring equal treatment of faith-based organizations in CPD programs: A faith-based organization, like any other entity participating in a HUD funded program, must comply with all the statutory requirements of that program. The CDBG and HOME programs contain statutory provisions imposing nondiscrimination requirements on all grantees and their recipients and subrecipients On September 25th the Kitsap Rescue Mission requested from the City an exemption to meeting the Statutory requirements of the CDBG program under the Religious Freedom Restoration Act. On September 26th 2019 the City contacted the U.S. Department of Housing And Urban Development Region 10 office of Regional Counsel and Office of Community Planning and Development to request additional guidance on an Exemption under the Religious Freedom Restoration Act. This request could not be handled in the Seattle Regional Office but was forwarded by Region 10 to HUD Headquarters in Washington D.C. The request is now being handled by the Office of Community Planning and Development and Office of General Counsel in HUD Headquarters in Washington D.C. At the current time, because of the Rescue Mission’s current hiring practices they are ineligible for Federal Funding and the City will be unable to award them funds. Due to the timeliness issue, the City cannot wait while a determination is made by HUD and therefore it has been determined that Kitsap Rescue Mission not receive funding at this time. If a determination is made in the affirmative, the Rescue Mission is welcome to apply for CDBG funds in the future, unfortunately timing will not work for 2018 funding Priority 2: Reallocate ‘unused/at-risk’ funds from Quincy Square ($120,000) for Capital Improvements to the YWCA Shelter for lead based paint abatement and asbestos (as necessary) abatement, weatherization, security and necessary repairs to the shelter. YWCA is immediately ready to go under contract and work will begin immediately after. YWCA has a board approved nondiscrimination policy which includes employment which was approved by their Board of Directors. Recommended Motion: Move to approve the substantial amendment to the 2018 CDBG/HOME Action plan to remove $120,000 from Quincy Square to improvements to the YWCA Alive Shelter. Ms. Embree-Russell, This is to acknowledge that your email was received, and will be provided to Mayor Wheeler and the Council Members for their review and consideration. Due to the subject matter, a copy will also be shared with the CDBG Program Administrator to review, and to include as a part of the record. Thank you for taking the time to submit your comments. Lori Smith Legislative Office Manager Bremerton City Council (360) 473-5280 City.Council@ci.bremerton.wa.us www.BremertonWA.gov From: Andrea [mailto:drea2228@gmail.com] Sent: Thursday, September 26, 2019 7:20 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Support Kitsap Rescue Mission Hello. My name is Andrea Embree-Russell. I am a Registered Nurse in Bremerton. I often care for men and women who are homeless. There is a great need for the services (case management, day room, education services, meals, safe harbor shelter for men and women, and clothing) provided by the shelter. As a lifelong resident of Kitsap County, the continuing increase of homelessness has been apparent over the years. I hope support for Kitsap Rescue Mission will be a focus of the council. Thank you for your time and consideration. The council does great work for the community. Sincerely, Andrea Embree-Russell, RN 360-204-1785 drea2228@gmail.com Ms. Kincaid, This is to acknowledge that your emails to both the City Council and Mayor Wheeler were received, along with the attachment. Thank you for taking the time to submit your comments. Lori Smith Legislative Office Manager Bremerton City Council (360) 473-5280 City.Council@ci.bremerton.wa.us www.BremertonWA.gov From: Beverly Kincaid [mailto:sound.grants@comcast.net] Sent: Monday, September 23, 2019 9:57 AM To: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us> Cc: City Council <City.Council@ci.bremerton.wa.us> Subject: FW: Sharing my concern/Rescue Mission Hello Greg I realized I should have sent you a copy of this message I sent to the Council last night. I am sharing my concerns about the proposed transaction with the Rescue Mission. I have some concerns, but also realize that if government funds are not spent for religious activities, there may not be a problem in that regard. I would anticipate it would be necessary for the BRM to set up a separate account for tracking use of the proposed funds. I believe, as I mentioned in my message to the Council, that there are a number of other options the mission could have pursued during nearly 4 years to ensure that they had a save environment. Also, it appears to me that this is setting a dangerous precedent for other nonprofits to pitch requests to the City for financial assistance. You know that I have often worked tirelessly to advocate for service and housing for our local residents who are without homes. I believe in housing the most vulnerable. among us. One only has to look at the efforts to situate tiny houses in Port Orchard (that project has been in the works for close to 4 years) to know that the solution is not any easy one. One option might be to offer matching funds after the Mission raises a certain percentage of the needed funding for building safety. Throwing money at the mission, with no strings attached, is not necessarily the answer. One option might be to give the Mission a set length of time (Oct. 1 – Jan 1) to raise matching funds, resulting in the city funding half and the Mission raising the other half. Or perhaps a loan type of transaction. Times are changing, and with that change comes more challenges. I hope you and the Council will arrive at the best possible decision related to this project, but I do not support taking full funding from the Quincy Square project to support this effort, but would be more supportive of placing some burden on the Mission to raise matching funds by a date agreed on by both parties. A loan agreement would be an even better option, with full payment due within a year. For that matter, I wonder if the Mission has considered getting a bank loan for this building safety project? Kind regards, Bev From: Beverly Kincaid [mailto:sound.grants@comcast.net] Sent: Sunday, September 22, 2019 8:53 PM To: 'City Council' Subject: Sharing my concern/Rescue Mission Dear Council Members Perhaps the Council has already made a decision on this matter. If so disregard my comments. I wanted to share with you my concern about the city taking money from the Quincy Square project to give to the Rescue Mission. Many of you know that I believe in appropriate support of the needs of people who are homeless. I am alarmed the city is willing to sign over funding in this manner. According to the news I read, the Rescue Mission facility has been occupied for nearly 4 years. I cannot understand why in nearly 4 years’ time they have not been able to raise sufficient funding for completing the projects that are essential for safe operation of a shelter. There are myriad resources available, including foundation grants, county grants, private donors, donor-advised funds, corporate support, small fee for service, to name a few. If the Council has supported this transfer of funds, at a minimum the Council should have signed assurance that people who are sheltered will not be required to participate in or be subjected to religious activity as a condition for receiving secular services. I am personally not in favor of setting this precedent. Which nonprofit will be the next one to want to be bailed out? One must wonder how this Mission is going to continue operating if for nearly 4 years they have been unable to raise enough money to take care of urgent capital needs? I am remain concerned about how the community can coalesce to address the needs of those who have become homeless, but I am equally concerned about the role of religion in this project, particularly if it involves the use of government funds.. How does the Rescue Mission serve those who are not Christians, or who don’t want the love of Christ or may be Muslim or Buddhist, or have no faith beliefs at all? Having worked in the past as the regional grants manager for a large faith-based organization, I was proud of the level of government funding Catholic Community Services (CCS) received both for major capital projects and for general program operations. Those funds would not have been made available to our organization if our programs or projects included any religious overtones or proselytization. It is true that our population of individuals who are homeless seems to be increasing at an alarming rate, but the three points I am trying to make are: 1) Has the Mission exhausted its efforts to reach out to the various other revenue streams I mentioned; 2) Is it appropriate to transfer funds from an approved project that will benefit the entire community?; and, 3) Should government funds be used for a facility in which religion may be a condition for accessing secular services? One look at the Mission’s website and mission statement seem to indicate that religion plays a significant role in this organization and its activities: Statement of Faith We believe – • The Bible to be the inspired, infallible, authoritative Word of God. (2 Timothy 3:15-17; 2 Peter 1:20-21) • That there is one God, eternally existent in three persons: Father, Son and Holy Spirit. (1 Timothy 3:16; Matthew 28:19; Ephesians 4:4-6; 1 Peter 1:2; Romans 8:14-17) • In the deity and humanity of Christ, born of a virgin. His sinless life. His miracles. His vicarious and atoning death through His shed blood. His bodily resurrection. His ascension to the right hand of the Father. His present rule as Head of Church and His personal return in power and glory. (Luke 1:30-35; John 1:14; 2 Corinthians. 5:21; 1 Corinthians 15:3-4) • God created man and woman in His image for the purpose of worship, fellowship and dominion of the physical realm. Male and Female He created them. (Genesis 1:26-28 ) • Each child is a gift of God and is given life at conception. (Psalm 139:13, 127:3; Isaiah 44:2; Jeremiah 1:5; Luke 1:15,41; Galatians 1:15) • That marriage is the union of one man and one woman that creates a bond for the purpose of procreation, the care of their children, and being helpmates. (Gen 2:18,24; 1 Timothy 3:12) • That for the salvation of a lost and sinful mankind, regeneration by the Holy Spirit is absolutely essential. We are saved by grace through faith, not of works. That the sinner who repents and personally accepts the finished work of Christ on the cross becomes a child of God, is made a new creature, and is indwelt by the Holy Spirit. (Ephesians 2:8-9; John 1:12, 3:36; 2 Corinthians 5:17; John 14:17; Hebrews 9:11-14) • In the present ministry of the Holy Spirit, by whose indwelling the Christian is enabled to live a godly life.(John 14:17, 26; John 16:13-15; Romans 8:14-17) • The Power of death is kept from those who put their trust in Christ...and that they will dwell with Christ forever. (John 14:3, Rev. 20:6, 14, 15, 22:1-5) • In the spiritual unity of believers in our Lord Jesus Christ, with equality across racial, gender and class differences. (1 Corinthians 12:13; Ephesians 2:13-14) They are currently looking for a new executive director and that position description also illustrates that this group is quite immersed in religion. See attached recruitment document,. Kind regards, Beverly Kincaid 360.509.3547 Kitsap Rescue Mission Executive Director Position Description Position Summary The Executive Director is responsible for the overall strategy and operations of the Kitsap Rescue Mission (KRM) including planning and implementing long range goals, ensuring fiscal responsibility and stewardship, and guaranteeing ongoing financial stability through the development and growth of a sustainable pool of funding sources. The Executive Director will be a strategic, visionary and collaborative leader who motivates and develops a team of employees and volunteers towards excellence. Most importantly, because KRM is a Christian outreach, the Executive Director will be a committed Christian who has demonstrated maturity in their faith and who believes in the redemptive power of the Gospel of Grace through Jesus Christ. The Executive Director is the senior spiritual leader of the mission. Key Responsibilities • Leadership and staff/volunteer development o Develops, implements and monitors goals, objectives and operational plans for the Mission that ensure ongoing excellence in the programs, staffing, administration, fundraising and communications o Leads, works collaboratively with, develops and evaluates mission employees. o Builds a culture of team work o Encourages employees to maximize their own productivity through the strategic and purposeful management of volunteer resources o Ensures that the mission meets all corporate responsibilities including insurance, corporate filings, audits and annual reports o Works in concert with the board in strategic planning and goal setting. Keeps the Board informed on the condition of the organization and of internal/ external factors that impact the mission in any significant way. o The Executive Director will be committed to adhering to the policies and direction set by the Board of Directors • Fiscal Management/Stewardship o Develops a yearly budget, closely monitors and adjusts as necessary o Develops and implements a strategic well-rounded (planned giving, direct mail, major donors, social media, events, etc.) fund development plan to guarantee stable, ongoing funding for the mission • Fund Development o Serves as the chief fundraiser/spokesperson for the organization o Partners with board members to develop, cultivate and honor all contributors including, major donors, corporations, government agencies, churches and foundations. o Ensure that donor intentions are honored and that accurate records are kept, and donations are acknowledged in a timely manner. • Community Relations o Builds and maintains relations with elected officials, community leaders, other services organization, churches and civic groups to increase organizational awareness and standing Qualifications o Minimum 5 years’ experience as a non-profit executive o 4 year degree in social sciences, business, non-profit management, communications or related field. Advance degree preferred o Demonstrated ability to develop and implement fundraising strategies o Strong nonprofit financial management skills o Results oriented with strong follow through o Strong communications skills including the ability to develop and deliver compelling presentations o Preferred: experience in capital campaign management Required Personal Attributes and Values o Must subscribe to the Kitsap Rescue Mission’s Statement of Faith and By-Laws o Desire to serve the Lord Jesus Christ in the ministry of life recovery for those coming off the streets, out of homelessness and out of addictions o Possesses and demonstrates excellent personal integrity o Demonstrates a Christ-like manner with guests, volunteers, co-workers, and internal and external partners/agencies. Mr. Enns, This is to acknowledge that your email with (4) attachments was received, and will be provided to Council Vice President Leslie Daugs as you indicated. Due to the subject matter, a copy will also be shared with the remaining Council Members, Mayor Wheeler, and the City’s CDBG Program Administrator for their review and information, and to include your correspondence as a part of the record. Thank you for taking the time to submit your comments. (By the way, I unfortunately could not open your attachments, but I’ve kept them attached to this email just in case others can open them…) Lori Smith Legislative Office Manager Bremerton City Council (360) 473-5280 City.Council@ci.bremerton.wa.us www.BremertonWA.gov From: Bruce Enns [mailto:bruceenns14@gmail.com] Sent: Wednesday, October 2, 2019 3:59 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: letter to Leslie Daugs Hi Leslie: I just called Mountain View only to discover that you were not there this year. I'd like to see you but, given my Parkinson’s I can't drive anymore, so I'll write you a little letter. I read last week that you and the city council are involved in the difficult decision as to how and where to spend your money with the homeless. Yes, of course I have an opinion. I spent the entire year of 2018 volunteering at the Kitsap Rescue Mission on Tuesday and Thursday mornings. There were wonderful people both on the staff and the clientele that became good friends. I truly miss being there but, such is life when age sets in. Leslie, please do not be affected by the "religious affiliation" clauses that now surround the funding issue. These are great people and whatever proselytizing goes on is encouraged by the clientele for personal growth and betterment. Nothing is forced or untoward. For example, my contribution was primarily drawing many of the clients who wanted their "Picture". (see copies) I know nothing about the YMCA mother's shelter which I am sure is also a great project, but The mission is dear to my heart. Just give them an open ear is my request Leslie. Bruce Enns (former coach) Sent from my iPad 4 Attachments Preview attachment image1.jpeg image1.jpeg 502 KB Preview attachment image2.jpeg image2.jpeg 1.2 MB Preview attachment image3.jpeg image3.jpeg 605 KB Preview attachment image4.jpeg image4.jpeg 980 KB Ms. Speare, This is to acknowledge that your email was received, and will be shared with the Council Members for their review and information. Thank you for taking the time to submit your comments. Lori Smith Legislative Office Manager Bremerton City Council (360) 473-5280 City.Council@ci.bremerton.wa.us www.BremertonWA.gov From: Bjspeare [mailto:bjspeare@gmail.com] Sent: Saturday, September 21, 2019 9:01 PM To: City Council <City.Council@ci.bremerton.wa.us>; Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us> Subject: Rescue Mission Sprinkler System Hello City Council, As a property owner, resident, and volunteer in Bremerton - I request your support of spending Quincy Jones funds to install a sprinkler system in the Rescue Mission downtown. It is important our community takes care of our vulnerable people and that we work to maintain and create a downtown we can all enjoy together. Mayor Wheelers proposal shows good leadership. I hope he has your support and we can move forward as a community in a positive way to support our residents experiencing homelessness. Kind Regards, Jacquelyn Speare Ms. Flores, This is to acknowledge that your email was received, and will be provided to the Council Members and Mayor Wheeler for their review and consideration. Due to the subject matter, a copy will also be shared with the City’s CDBG Program Administrator for her review and to include your correspondence as a part of the record. Thank you for taking the time to submit your comments. Lori Smith Legislative Office Manager Bremerton City Council (360) 473-5280 City.Council@ci.bremerton.wa.us www.BremertonWA.gov From: Janet Flores [mailto:jntdflrs@gmail.com] Sent: Saturday, October 5, 2019 3:31 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Housing for our homeless population Thank you for your service and time to Bremerton and it's residents. Your time is valuable and I appreciate your willingness to step up and serve ALL the people who choose to live here. I am writing today to encourage you to continue the work of finding and funding, within reason, shelters for those who find themselves without stable housing. This feat is not easy and money is not always readily available. You have in your grasp money which would help rectify the current option to meet fire codes - codes which are vital to keep in place in order to ensure the safety of those who utilize the Kitsap Rescue Mission's current location. To ignore them would be irresponsible. Although they are based in the belief of Jesus Christ and His eternal salvation for all, this belief is vital, as well, in keeping their mission true to who they are and why they do what they do - minister to the homeless population of our community. If this money does not get placed into their care, I highly encourage your cooperation with this organization to find new space for them to utilize in the interim in order to continue their work for the least of our community. We in Bremerton are not on the same playing field of the federal government, and it would benefit us all if we could allow ourselves a partnership with those who have a proven track record at helping those who seek transition from homelessness to becoming a working member of our society - no matter what their religious affiliation. When we are allowed the opportunity to work and make things better for ourselves and our community, our place of residence becomes a better and safer place to live. Thank you again for your time and service to this community. -- Janet Flores Attn: Council Members (FYI) From: Greg Wheeler Sent: Thursday, September 19, 2019 11:33 AM To: City Council <City.Council@ci.bremerton.wa.us> Cc: jesse abrams <bassmintwrath@gmail.com>; James Burchett <James.Burchett@ci.bremerton.wa.us>; Andrea Spencer <Andrea.Spencer@ci.bremerton.wa.us>; Michael Six <Michael.Six@ci.bremerton.wa.us>; Roger Lubovich <Roger.Lubovich@ci.bremerton.wa.us> Subject: Re: Citizen Concern - Kitsap Rescue Mission (Jesse Abrams) Good morning Jesse, Thank you for taking the time to email the with your concerns. I briefed the City Council last night that myself and City of Bremerton (COB) staff were working with the Kitsap Rescue Mission (KRM) to help get their building up to fire code. The KRM building is not out of compliance based on a technicality, it is out of compliance due to it missing basic life safety components, mainly a sprinkler system and proper ways to evacuate in a fire. The ability of the building to withstand an earthquake is also seriously in question. This is a dangerous building as it now stands and we (COB & KRM staff) need to make some very serious decisions by Oct 13th to determine it’s future use. We are all hoping KRM will be successful in applying for funds to help with the required improvements. There will be more to come on that front. To answer your question about the police being heavy handed on people with negative credibility, I can assure you they only address the behaviors they personally observe or have reported to them. Everyone has the right to be treated with respect and the Bremerton Police Department takes this approach very seriously. Hopefully this helps answer your questions and addresses your concerns. If you have more questions or concerns please don’t hesitate to contact me. I hope you have a nice day. Greg Wheeler Mayor City of Bremerton (360) 473-5266 Sent from my iPad On Sep 18, 2019, at 6:29 PM, City Council <City.Council@ci.bremerton.wa.us> wrote: Mr. Abrams, This is to acknowledge that your email was received, and will be shared with the Council Members and. Due to the subject matter of your question, I have also provided a copy of your email to Mayor Wheeler and Police Chief James Burchett. Thank you for taking the time to submit your concerns. Lori Smith Legislative Office Manager Bremerton City Council (360) 473-5280 City.Council@ci.bremerton.wa.us www.BremertonWA.gov From: jesse abrams [mailto:bassmintwrath@gmail.com] Sent: Wednesday, September 18, 2019 5:14 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: request for consideration I am not a employee of the Kitsap Rescue Mission, However they provide a service to myself and to 40 or 50 other people. We are losing the overnight shelter. The Shelter from the Salvation Army opens in December. The KRM needs a new sprinkler system. This is a problem as we whom are affected drag our personal effects through the streets to the same places like Salvation Army. Do you believe that the police may be heavy handed on people with negative credibility. I hope you look into this and respond. Mr. Wilson, This is to acknowledge that your email was received, and will be provided to Mayor Wheeler and the Council Members for their review and consideration. Due to the subject matter, a copy will also be shared with the CDBG Program Administrator to review, and to include as a part of the record. Thank you for taking the time to submit your comments and to express your concerns. Lori Smith Legislative Office Manager Bremerton City Council (360) 473-5280 City.Council@ci.bremerton.wa.us www.BremertonWA.gov From: josh wilson [mailto:jawil87@hotmail.com] Sent: Thursday, September 26, 2019 2:00 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Kitsap rescue mission I implore you all to keep funding and permitting running and current for the Kitsap rescue mission. It helps all types of people, children, elderly, families. It helps the community to maintain it's humanity. Societies willingness to help those who need it demonstrates the direction in which it's moral compass points. Please, do not let those who wish to pervert morality prevail. Keep the mission open. Ms. Siebens, This is to acknowledge that your email was received, and will be shared with the Council Members for their review and information. Thank you for taking the time to submit your comments. Lori Smith Legislative Office Manager Bremerton City Council (360) 473-5280 City.Council@ci.bremerton.wa.us www.BremertonWA.gov From: kim siebens [mailto:kimmysiebens@yahoo.com] Sent: Saturday, September 21, 2019 3:52 AM To: City Council <City.Council@ci.bremerton.wa.us>; Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us>; Kitsapcommissioners@co.kitsap.wa.us; councilmembers@cityofportorchard.us; rputaansuu@cityofportorchard.us; councilmembers@cityofpoulsbo.com; berickson@cityofpoulsbo.com; council@bainbridgewa.gov; kmedina@bainbridgewa.gov; emily.randall@leg.wa.gov Subject: Keeping Kitsap Rescue Mission's over night shelter open will save lives Dear Community Leaders, Thank You Bremerton Mayor, Greg Wheeler and Bremerton City Council Members for offering to discuss assisting the Kitsap Rescue Mission in keeping their overnight homeless shelter open. I am so glad to hear you are going to add this discussion to your Sept. 25 Study Session Meeting. I am calling on other cities in Kitsap County to reach out and help as well. The people who utilize KRM are not all from Bremerton. I meet people who come over on the ferry from Port Orchard or who take the bus from Bainbridge Island and Poulsbo. This is an entire county issue. I hope we all start helping one another. If other cities choose not to maintain a homeless shelter, let us support the one and only in Bremerton. I have been a RN for over 13 years and work in Seattle at a leading hospital. I have worked for over a decade with the indigent population and have seen conditions become dire in Seattle. I am the founder of the local community group, Bremerton Homeless Community Coalition. I am also the founder of the local non profit, Their Voice, where we assist homeless pet owners. I could spend my spare time doing hobbies I love or even working overtime to earn more money. I choose to spend my “spare time” helping the local homeless community for free. By helping them we can prevent even worse conditions from occurring. Understanding the homeless crisis is very complex and can be incredibly frustrating.I understand you have many other responsibilities and this is merely one of them that you are having to face as a city leader. There are some very basic things we can do to help. By helping to keep the Kitsap Rescue Mission doors open you will be making a very important first step. KRM is the only year round shelter in Kitsap County and therefore very important in getting people connected to resources that can help address some of their complex issues and get them off of the streets. When people are living on the streets they cost more financially and utilize resources that could be used in more appropriate ways. This is putting an unbelievable burden on our police and emergency response workers, our local health care facilities, local businesses, property owners, and other housed citizens. We cannot ignore the homeless or become so scared or disgusted with them that they disappear. Instead try and look at them as people in crisis, people who are often sick (physically, mentally, emotionally) and also just people who cannot find affordable housing. This is an issue that will take some thoughtful interventions and time to sort out. I urge you to assist the Kitsap Rescue Mission to Keep their doors open at night. People will die without their services. That is guaranteed. Over the past few years I have seen many success stories come from KRM. People that, without their help, would have died in tragic and preventable ways or caused much more trouble to themselves and the city. I have been able to meet people who use KRM resources and assist them into more permanent housing such as housing provided by the local non profit, Eagles Wings Coordinated Care. You should all pay attention and visit this particular non profit as they have been able to get dozens of previously homeless individuals, off the streets of Kitsap County. KRM has acted as a starting point to getting many of these people into these supportive, clean and sober, managed housing environments. They understand that the housing first model works. There are many scholarly research articles that can help explain this. I will use one example from a 2009 JAMA article titled, Health Care and Public Service Use and Costs Before and After Provision of Housing for Chronically Homeless Persons with Severe Alcohol Problems (https://jamanetwork.com/journals/jama/article-abstract/183666). In this study, people who were homeless with severe alcohol problems and chronic users of health and criminal justice services were assisted into housing. Prior to being housed these individuals were shown to cost approx $4066 per person per month to their community. Costs were incurred from such things as: jail bookings, days incarcerated, shelter and sobering center use, hospital-based medical services, publicly funded alcohol and drug detoxification and treatment, emergency medical services, and Medicaid-funded services.After 12 months in stable housing these same people were down to costing an average of $958 per month. There are many more studies out there that come to this same conclusion. Unhoused people just cost more money and take away from public services that could be used in much more efficient ways. You don’t need to be a bleeding heart or humanitarian to want to help people. Supporting KRM and local non profits who are providing valuable services can help decrease the cities financial burden and allow a more efficient allocation of our local resources. Thank you for your time and service, Kimmy Siebens President, Their Voice http://www.their-voice.org Founder, Bremerton Homeless Community Coalition https://www.facebook.com/groups/410116102775715/ Ms. Hammes and Ms. Wilmot on behalf of Kitsap Movement Builders, This is to acknowledge that your email was received, and will be provided with the Council Members for their review and consideration. Due to the subject matter, a copy will also be shared with Mayor Wheeler for his information, and with CDBG Program Administrator to be included as a part of the record. Thank you for taking the time to submit your support for the Kitsap Rescue Mission. Lori Smith Legislative Office Manager Bremerton City Council (360) 473-5280 City.Council@ci.bremerton.wa.us www.BremertonWA.gov From: Sonja Hammes [mailto:sonja.hammes@outlook.com] Sent: Sunday, September 29, 2019 4:23 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: In support of Kitsap Rescue Mission Dear Bremerton City Council Members, We are the Kitsap Movement Builders. We are the union members of UFCW Local 21 who work in your grocery stores, hospitals and healthcare facilities of Kitsap County. We have partnered together across sectors, to address issues that commonly affect us in our workplaces and communities. When we came together last year we discussed our workplace issues and decided that homelessness and substance addiction are common problems that we all face. Everyday, we see the struggles of our homeless neighbors. Our stores and hospitals have become default shelters for people who have nowhere else to go. With increasing rents, we also have colleagues and family members who face housing insecurity, which is making many in our community vulnerable. This problem will only be compounded with no overnight shelter. As a group we decided to see what we can do to address this and to help. We researched and initially made a monetary contribution to the Bremerton Homeless Community Coalition. Next, just last month, we sponsored one their monthly picnics alongside Kitsap Rescue Mission at Evergreen Park. Both groups, who mostly come from the communities they serve, are doing wonderful work in respectfully meeting some of the basic needs of our vulnerable population. While we served the picnic food we met so many people -young and old, men and women, healthy and ill. Every single one of them was gracious and appreciative of the small bit of help we offered. They all deserve a place to call home. We also know that people have a significantly higher chance of getting and keeping a job if they have a place to sleep. With winter approaching, Kitsap County needs to have a place for anyone to go for respite and sleep and needed support in their struggle to live in these economic times. We grocery and healthcare workers see it every day. We know and recognize that every person in our community is worthy and deserves dignity. We the undersigned Kitsap Movement Builders fully support the proposal to fund Kitsap Rescue Mission and keep it open overnight throughout the year. We also want to work with you, the Bremerton Homeless Community Coalition, Kitsap Rescue Mission and other concerned community organizations to expand the support for those who need housing through more temporary, transitional and permanent housing to enable everyone in our county to thrive. We will be watching this process and look forward to a positive resolution. Sincerely, The Kitsap Movement Builders -Sonja Hammes, PharmD, BCPS Harrison Medical Center 1610 Park Ave, Apt E2, Bremerton WA, 98337 206-218-5875 -Susan Wilmot - Safeway Checker, Executive Board Vice President UFCW Local 21 Ms. Sandstrom, This is to acknowledge your follow-up email, which will also be provided to the Council Members, Mayor Wheeler, and Ms. Achaoui. This includes your offer for each of them to visit the Kitsap Rescue Mission, as well as your call for blankets, sleeping bags, and back packs. Lori Smith Legislative Office Manager Bremerton City Council (360) 473-5280 City.Council@ci.bremerton.wa.us www.BremertonWA.gov BTW, we very urgently need blankets, sleeping bags and back packs. From: Marcia Sandstrom [mailto:marciasandstrom@yahoo.com] Sent: Thursday, October 3, 2019 5:11 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Kitsap Rescue Mission Dear Council, Today, Thursday, was my volunteer day at the Mission. The homeless who came to the day room are showing signs stress regarding where they will be overnight, especially since the nights are getting so cold. Please help them. Perhaps you don't know, the volunteers at the Mission far out number the paid staff. Even the Board of Directors are volunteer. The Mission has a very low employee expense for as many people as we serve. The day room can have well over 100 during cold weather. We would house many more than 26 over night if allowed by building codes. In other words, we need renovations. This building is a perfect location as we are in the same block as The Salvation Army. We work closely together. They serve meals and we encourage "loitering". In other words, we have a welcoming space for them to stay during the day. We have coffee, water, snacks, movies, we know their names and we listen to them. We give out clothing Monday, Wednesday and Friday afternoons. Each guest gets 10 free items a week and they get to shop in our "store". Please come visit and see our people and how much the volunteers love them. BTW, we very urgently need blankets, sleeping bags and back packs. Sincerely, Marcia Sandstrom From: Lori Smith On Behalf Of City Council Sent: Thursday, October 3, 2019 10:53 AM To: Marcia Sandstrom <marciasandstrom@yahoo.com> Cc: City Council <City.Council@ci.bremerton.wa.us>; Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us>; Sarah Achaoui <Sarah.Achaoui@ci.bremerton.wa.us> Subject: RE: Citizen Support - Kitsap Rescue Mission (Marcia Sandstrom) Ms. Sandstrom, This is to acknowledge that your email was received, and will be provided to the Council Members, Mayor Wheeler, and the City’s CDBG Program Administrator for their review and information, and to include your correspondence as a part of the record. Thank you for taking the time to submit your comments; and for your service to the community. Lori Smith Legislative Office Manager Bremerton City Council (360) 473-5280 City.Council@ci.bremerton.wa.us www.BremertonWA.gov From: Marcia Sandstrom [mailto:marciasandstrom@yahoo.com] Sent: Wednesday, October 2, 2019 4:43 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Kitsap Rescue Mission Please step in and save the mission. The staff and volunteers are wonderful and caring. The people who criticize are not volunteering any of their time to help our homeless. I volunteer time and money at the mission. This is a fantastic organization and a true asset to the community. I love our homeless. Please come in a visit us, I'm there on Thursday mornings. Marcia Sandstrom Ms. Sandstrom, This is to acknowledge that your email was received, and will be provided to the Council Members, Mayor Wheeler, and the City’s CDBG Program Administrator for their review and information, and to include your correspondence as a part of the record. Thank you for taking the time to submit your comments; and for your service to the community. Lori Smith Legislative Office Manager Bremerton City Council (360) 473-5280 City.Council@ci.bremerton.wa.us www.BremertonWA.gov From: Marcia Sandstrom [mailto:marciasandstrom@yahoo.com] Sent: Wednesday, October 2, 2019 4:43 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Kitsap Rescue Mission Please step in and save the mission. The staff and volunteers are wonderful and caring. The people who criticize are not volunteering any of their time to help our homeless. I volunteer time and money at the mission. This is a fantastic organization and a true asset to the community. I love our homeless. Please come in a visit us, I'm there on Thursday mornings. Marcia Sandstrom Ms. Sandstrom, This is to acknowledge that your email was received, and will be shared with the Council Members and Mayor Wheeler for their review and information. Thank you for taking the time to submit your comments. Lori Smith Legislative Office Manager Bremerton City Council (360) 473-5280 City.Council@ci.bremerton.wa.us www.BremertonWA.gov From: Marcia Sandstrom [mailto:marciasandstrom@yahoo.com] Sent: Saturday, September 21, 2019 7:53 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Kitsap Rescue Mission Please keep our overnight homeless shelter open. Even increase capacity, if there is enough money. Sent from Yahoo Mail on Android Mr. & Mrs. Andrew Rochon, This is to acknowledge that your email was received, and will be provided to the Council Members and Mayor Wheeler for review and information. Due to the subject matter, a copy will also be shared with the City’s CDBG Program Administrator for her review and to include your correspondence as a part of the record. Thank you for taking the time to submit your comments. Lori Smith Legislative Office Manager Bremerton City Council (360) 473-5280 City.Council@ci.bremerton.wa.us www.BremertonWA.gov From: Karen Rochon [mailto:kjrochon40@msn.com] Sent: Thursday, October 3, 2019 12:54 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Kitsap Rescue Mission To Mayor Greg Wheeler and members of the City Council, We would like to voice our full support to awarding the Kitsap Rescue Mission the federal grant money, that you originally offered to assist them in meeting code requirements, in order to keep their overnight shelter open. They offer a vital service to our community. They are mainly run by volunteers. Hiring requirements should be left up to their discretion, we believe, and should be exempt from federal restrictions. They are a faith based organization at their core, not a church, and do not discriminate whom they serve. All are welcome. Please give them the support they need to stay open and serve our vulnerable homeless community. Thank you. Respectfully, Mr. and Mrs. Andrew Rochon Kingston, WA Good afternoon Shu, This is the perfect time to email me your input since the 30 day public comment period began today. I am forwarding your comments to city staff and the City Council for their consideration also. Please let everyone in your network know that now is the time to provide comments and what everyone says really does matter. Take care and have a great evening! Sincerely, Greg Wheeler Mayor City of Bremerton (360) 473-5266 Sent from my iPad On Sep 25, 2019, at 3:59 PM, Shu Latif <shulatif@gmail.com> wrote: Hi I have some concern about finding the homeless Shelter. I just found out it is religious based and maybe they turn away members of the lgbtq community or force trans people into dorm areas for the wrong gender. I’m all for helping our only homeless housing in the area, it is an emergency. But can we force them to stop discriminating if they want the money? It seems if this is our tax payers money, they need to provide the service to all members of our community and not just the ones they like. Shu Attn: Council Members (FYI) -----Original Message----- From: Greg Wheeler Sent: Thursday, September 19, 2019 11:49 AM To: Thira Delacey <thiramarie84@gmail.com> Cc: James Burchett <James.Burchett@ci.bremerton.wa.us>; Randy Plumb <Randy.Plumb@ci.bremerton.wa.us>; Tom Wolfe <Tom.Wolfe@ci.bremerton.wa.us>; Andrea Spencer <Andrea.Spencer@ci.bremerton.wa.us>; Michael Six <Michael.Six@ci.bremerton.wa.us>; City Council <City.Council@ci.bremerton.wa.us> Subject: Re: Concerns on rescue mission. Good morning Thira, Thank you for taking the time to email me with your concerns and provide very valuable insight! I am aware of the issues in your neighborhood and every negative consequence you bring forward is something I am very concerned about. If the Kitsap Rescue Mission is successful in correcting very serious life safety deficiencies in their building and is allowed to continue operating an overnight shelter, they will need to address their part of the issues you bring forward. I am including several officials from the City of Bremerton in my reply for their consideration and input. I really do appreciate you taking the time to alert me to your concerns and I appreciate your commitment to our beautiful city. We must as a city address the issues you highlight if we are to continue to move forward as a desirable place to live. Take care and I hope you have a great day! Greg Wheeler Mayor City of Bremerton (360) 473-5266 Sent from my iPad > On Sep 18, 2019, at 8:06 PM, Thira Delacey <thiramarie84@gmail.com> wrote: > > Dear Mayor Wheeler, > > I am writing in concerns of the location of the Rescue Mission shelter. I live at 619 park ave with my 5 kids with the shelter in our back yard. We absolutely love our home. However, we have seen fights daily, people going to the bathroom a long our fences, a drug overdose on our property, drug deals and more. This is a daily thing. I do believe a shelter is needed but the location is very concerning as there are many children on this block. > We had asked our landlord for a fence, in which I feel he should not have had to pay for, but it was needed to keep the homeless out. Both ours and the neighbors house had the basement doors kicked in. We have found needles in our garden. > My kids are ages 2,6,8,10 and 16. > The rescue mission does not do background which means sex offenders can stay there or harden criminals. > I want to feel safe. > As I said, I do believe in homeless shelters and support them. I also believe in the safety of kids. > I love our country very much. I was born and raised here in Kitsap. I see a lot of good things coming to Bremerton but the drugs and the things I see in the back yard are very sad. Please consider our concerns for the safety of our kids and our house. > Thank you for your time. > Thira Rayfield Ms. Nicks, This is to acknowledge that your email was received, and will be provided to the Council Members and Mayor Wheeler for their review and consideration. Due to the subject matter, a copy will also be shared with the CDBG Program Administrator to review, and include as a part of the record. Thank you for taking the time to submit your comments and to express your concerns. Lori Smith Legislative Office Manager Bremerton City Council (360) 473-5280 City.Council@ci.bremerton.wa.us www.BremertonWA.gov -----Original Message----- From: Tricia Nicks [mailto:tricianicks@yahoo.com] Sent: Thursday, September 26, 2019 9:18 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Concerns re: Closing of Kitsap Rescue Mission Good morning, I am writing because of the concerns I have for the people of Kitsap who are without housing and the potential for closing of the Kitsap Rescue Mission. I am not the most knowledgeable about all the work and details and specific numbers of our community members that will be affected by this closing, but from what I understand the mission is filled to capacity often, and if it closes, there are no alternatives. I certainly trust that if the building has been deemed unsafe that it is true. I also trust in my local government to do what is right for our community, in this case it sounds like fix it and/or provide alternative accommodation. Incredibly simplistic, but frankly, that is what I expect. Should there be ways as a community member that I can help - I’m willing to do so as well as recruit my fellow nurses at Harrison. Please do what is within your power to not have these people suffer on the streets. It is our civic responsibility to provide the basic needs of shelter for them. It is what I expect from living in the State of Washington, it is what makes me proud to live here. I volunteer with Kitsap Harvest. A program that picks unwanted fruit from trees and distributed to our community members in need. It is a program from Washington State University Extension Program. We focus on the issues of both food waste and food insecurity. We utilize food from trees and also items of surplus in personal gardens. We issue these foods to food banks, soup kitchens, assisted living, shelters and other access points. I’m a gleaner, have gone out and picked the fruit that is then sorted and distributed. I volunteer as Secretary for StandUp for kids - Kitsap. We are a local chapter of a national organization that provides assistance to homeless and at-risk youth within Kitsap. We provide 1200 meal packs monthly to 31 different locations within Kitsap where the counselors distribute to kids for weekend food. Weekdays they have the school food program and we provide snacks. As a 100% volunteer non- profit, we are doing what we can to assist these young people in getting education and jobs to become working members of our community. It’s what they want! Our main focus is food - but we also provide hygiene, clothing, back to school and assistance over the holidays. We give them a paper bag of cereal, bread, peanut butter and jam so they have something to eat. Some kids age out of foster care at 18 and we provide aid until they turn 25. These kids will be affected by the closure of KRS. I am a nurse at Harrison Silverdale. I have been a nurse for 26 years. I’m extremely pumped about the growth and merger between Bremerton and Silverdale campus where we will be able to serve our community members safely during their final transition of care - to discharge within the community. I am working with UFCW21 and my hospital to address concerns regarding discharge of patients focusing on a clothing closet. But hoping to dive into the issue of ready for discharge, but no place to go. Anecdotally, a patient was discharged - sent in a cab to a storage facility. Nurses don’t want to do that, nor do case managers or social workers. We need to help them provide a safe plan for discharge. I come from Canada where again, anecdotally, we would have patients ready for discharge that we couldn’t because of housing and it being 30 degrees below 0. Just because weather here is livable, doesn’t mean that people don’t need a safe place to go. I want to work with the system to help. It’s not a quick fix, or people smarter than I would have done it already. It’s a process. Please find a way to keep KRS open and/or provide alternate housing. I am trying. I ask you to do the same. Cheers, Tricia Nicks Manitoban, Texas x 12 years, Nurse 26 yrs, Proudly live in Poulsbo-Washington with my husband & 3 dogs for 6 years Mr. Duckarmen, This is to acknowledge that your email was received, and will be provided to Mayor Wheeler and the Council Members for their review and consideration. Due to the subject matter, a copy will also be shared with the CDBG Program Administrator to review, and to include as a part of the record. Thank you for taking the time to submit your comments and to express your concerns. Lori Smith Legislative Office Manager Bremerton City Council (360) 473-5280 City.Council@ci.bremerton.wa.us www.BremertonWA.gov From: Victor Duckarmenn [mailto:duckster1@centurylink.net] Sent: Thursday, September 26, 2019 2:32 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Bremerton Rescue Mission Grant City Council Office mailto: City.Council@ci.bremerton.wa.us Mailing: 345 6th St., Suite 100 Bremerton, WA 98337 Ph: 360-473-5280 To: Whom It May Concern Subject: Grant I have volunteered at the mission for two years with over 125 hours working with the homeless. This rescue mission needs to continue assisting local residents and citizens find jobs, acquire phones, acquire housing, find a place where this can be facilitated on a weekly basis. Both the mission and Salvation Army facilities need the assistance to support our citizens to become economically viable and become productive people again. Your support has become vital to ensure these voters, Americans get the necessary help to lift themselves out of the cycle they find themselves in. The folks there at the mission running dailyassistance are the most dedicated citizens with the welfare of local peoples quality of life. Please support this faith based operation as many people depend on the missions on going success. Thank you Victor Duckarmen 405-664-8239 USAF Retired From:Lori Smith on behalf of City Council To:City Council; Greg Wheeler Cc:Sarah Achaoui Subject:Citizen Concern - Kitsap Rescue Mission (Charles Ely) Date:Monday, September 23, 2019 5:13:06 PM Attachments:image001.png image002.png image003.png Attn: Council Members and Mayor Wheeler A voicemail was left at the Council Office from Charles Ely, (360) 405-0685 to express his support for the Kitsap Rescue Mission, which he states provides a vital service. Thanks, Lori Lori Smith Legislative Office Manager Bremerton City Council (360) 473-5280 City.Council@ci.bremerton.wa.us www.BremertonWA.gov From:Lori Smith on behalf of City Council To:Sarah Achaoui Subject:FW: Citizen Concern - Kitsap Rescue Mission (Jona Reynolds) Date:Monday, September 30, 2019 11:31:48 AM Attachments:image001.png image002.png image003.png Sarah, I forgot to “cc” you on this one… From: Lori Smith On Behalf Of City Council Sent: Sunday, September 29, 2019 11:08 AM To: Jona Reynolds <jonalreynolds@gmail.com> Cc: City Council <City.Council@ci.bremerton.wa.us>; Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us> Subject: RE: Citizen Concern - Kitsap Rescue Mission (Jona Reynolds) Ms. Reynolds, This is to acknowledge that your email was received, and will be provided to the Council Members for their review and information. Due to the subject matter, a copy was also shared with Mayor Wheeler for his consideration. Thank you for taking the time to submit your suggestion. Lori Smith Legislative Office Manager Bremerton City Council (360) 473-5280 City.Council@ci.bremerton.wa.us www.BremertonWA.gov From: Jona Reynolds [mailto:jonalreynolds@gmail.com] Sent: Sunday, September 29, 2019 9:26 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: mission If you decide to back making improvements to the mission, would it be possible to move the entrance to the mission to the backside to make that sidewalk more desirable to walk. Jona Reynolds AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 23, 2019 Public Hearing on Resolution No. 3321 approving the 2020 CDBG/HOME Funding Recommendations for inclusion in the 2020 CDBG/HOME Action Plan COUNCIL MEETING Date: November 6, 2019 Department: DCD-CDBG Presenter: Sarah Achaoui Phone: (360) 473-5375 SUMMARY: On March 20, 2019, City Council approved the 2020 CDBG/HOME Policy plan outlining the CDBG and HOME funding allocation process. Based on that policy, the Project Review Committee has developed the 2020 funding recommendations for Council consideration and approval. If approved, these submissions will be sent to the Department of Housing and Urban Development (HUD) in the City’s 2020 Annual Action Plan. ATTACHMENTS: Resolution No. 3321 with Exhibit A: 2020 Action Plan Project Review Committee Recommendation for 2020 Funding FISCAL IMPACTS (Include Budgeted Amount): None. Block Grant is pass-through funding from the Department of Housing and Urban Development and these recommended sub-recipient grants are paid 100% through the City’s CDBG and HOME grants. Administrative costs associated with the program, most of which are covered by the HUD entitlement, are approved in the Policy Plan and in the City’s budget process. STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing RECOMMENDED MOTION: Move to pass Resolution No. 3321 approving the 2020 funding recommendations to be included in the 2020 Action Plan to HUD 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 01/02/2018 7D 1 RESOLUTION NO. 3321 A RESOLUTION of the City Council of the City of Bremerton, Washington, approving the 2020 CDBG/HOME Funding Recommendations for inclusion in the 2020 CDBG/HOME Action Plan. WHEREAS, the City of Bremerton is an entitlement community which receives a Community Development Block Grant (“CDBG”) each year from the Department of Housing and Urban Development (“HUD”), and also receives funding from HUD’s Home Investment Partnerships (“HOME”) program through its participation in the Kitsap County HOME Consortium; and WHEREAS, the City of Bremerton has established a mandatory Policy Plan for the City’s management of its HUD entitlement, including a citizen participation plan, application and review processes, eligibility, and implementation requirements for grant funded projects; and WHEREAS, the City of Bremerton conducts a competitive annual process based on the Policy Plan to determine allocation of CDBG and HOME entitlement; and WHEREAS, the City of Bremerton’s 2020 Policy Plan citizen participation plan establishes a Project Review Committee to assist the Department of Community Development in reviewing CDBG and HOME applications by interviewing applicants and recommending annual project allocation decisions to the Bremerton City Council; and WHEREAS, the City of Bremerton participates in a Coordinated Application process with Kitsap County Block Grant Program and Kitsap County Housing and Homelessness Program for HOME and Homeless Housing Grant Programs, and had its own competitive CDBG RFP process which received six (6) capital applications, and two (2) job training applications, and all were forwarded to the Project Review Committee; and WHEREAS, the CDBG Project Review Committee has reviewed, interviewed and discussed each of the eligible funding requests and formulated funding recommendations and a funding contingency plan based on their review; and WHEREAS, the City of Bremerton Block Grant staff on Wednesday, September 24th 2019, posted the recommendations to the City of Bremerton’s website and advertised in the Kitsap Sun a 30-day written public comment period commencing September 24th and concluding October 26th, 2019; and WHEREAS, no public comments were received during the public comment period; and 2 WHEREAS, a legal ad was placed in the Kitsap Sun on September 25th, 2019 advertising the City of Bremerton Public Hearing adopting the funding recommendations on November 6th 2019; and WHEREAS, the Department of Community Development CDBG/HOME staff presents the Project Review Committee’s recommendations to the City Council for adoption; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The recitals and findings of fact set forth in this resolution are hereby incorporated as if fully set forth herein. SECTION 2. The 2020 CDBG/HOME Funding Recommendations attached hereto as Exhibit A will be incorporated into the 2020 Action Plan to be submitted to the Department of Housing and Urban Development for approval. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. 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 __________________, 2019. _________________________________ ERIC YOUNGER, Council President APPROVED AS TO FORM: ATTEST: __________________________________ ________________________________ ROGER A. LUBOVICH, City Attorney ANGELA HOOVER, City Clerk City of Bremerton Public Works & Utilities Curb Ramp Construction and Sidewalk Replacement and Repair Kitsap Mental Health Services-Pendleton Place $295,986 Community Frameworks-Downpayment Assistance $68,920 Funds will be used for acquisition of land, architectural and engineering costs, and building permit fees for the development for 9-units, three (3) townhouse style triplexes. Each triplex will have two 2-bedroom units and one 3-bedroom unit. One of the 2-bedroom units in each triplex will be one level, ADA accessible, and available for a veteran. The units will be available for households at or below 30% of area median income, prioritizing based on the Housing Solutions Center vulnerability assessment. Rental assistance will be provided through Section 8 vouchers. Funds requested will be used for the construction of a 70-unit permanent supportive and affordable housing facility for residents of Kitsap County, 18 and older, experiencing chronic homelessness and living with persistet mental illness, substance use disorders and/or other disabling conditions. The complex will consist of 35 studios, 35 1 bedroom, common space (including 2 respite beds), and office space for onsite housing staff and visiting service providers. Rental assistance will be provided through Project Based Vouchers for 56- units and McKinney funds, through BHA for 14-units. Funds will be used for Down Payment Assistance (DPA) and administrative costs of the Bremerton Homeownership program. The program will pair HOME funds with internal and lender-partner funds to provide up to 20% DPA and closing cost assistance to program- qualified, mortgage-ready homebuyers at or below 80% Area Median Income purchasing an eligible home in the Bremerton City limits. Homebuyer education and Individual Pre-Purchase Counseling is required for all participants. When possible, Community Frameworks will undertake "Acquisition, Rehab, Resale" activities focusing on health and safety improvements, with a sweat equity and volunteer labor component. This project would build on the ADA accessible infrastructure in the CDBG target Area from 2019 by constructing an additional 12 curb ramps and approximately 500 lineal feet of new sidewalk. This project, if funded, will improve walkability for pedestrians of all ages and abilities, remove barriers for those with disabilities, and provide connected corridors for foot traffic within the target area. If funded under Priority 2: the funded portion is to be completing the Evergreen Rotary Park walkway connector sidewalk. $56,000 YWCA Kitsap County-Emergency Shelter Improvements $103,000 Necessary rehabilitation and repairs to include: lead based paint and asbestos (as necessary) abatement, weatherization, security and required repairs to the shelter. The Project Review Committee recommends that the YWCA contract with Kitsap Community Resources for construction and project management. Kitsap Community Resources-Weatherization and Minor Home Repair $25,000 Funds will be used to install weatherization measures such as insultation of attics, walls, floors and heating ducts. Priority air sealing and blower door driven air sealing, installation of ventilation and minor home repairs such as roofing, plumbing and electrical necessary to ensure the preservation of these measures as well as health and safety improvements, including grab bars and wheelchair ramps. Kitsap Community Resources (KCR)- Manette Housing $159,193 HOME Funding Recommendations Capital OR Microenterprise Applications Kitsap Community Resources-Business Education Support and Training $75,000 The BE$T micro-enterprise program is designed specifically for low-income individuals and those with limited funds, who are interested in mastering the skills necessary to start and/or expand their own business. Grant funding will allow affordable tuition and access to all. 2020 goals for Bremerton residents include 32 businesses to be assisted and 27 new jobs to be created. BE$T is offered four times per year and isdelivered in four phases: 1. Phase 1: The 2.5 hour "Business Workshop and Orientation" 2. The eight-week 20-hour basic business training class 3. A six-session development & planning program over 90 days 4. Advanced support groups that meet twice per month CDBG PROJECT REVIEW COMMITTEE 2020 FUNDING RECOMMENDATIONS Project Descriptions Exhibit A Project Name Job Training Applications (Public Services)-subject to 15% cap $60,000 capped Coffee Oasis-HOPE Inc. HOPE Inc Job Training Program provides a comprehensive plan for preparing and equipping street and homeless youth ages 16-25 years old for employment opportunities in the community. Every job training internship comprises of: 1. 6 weeks of business classes (e.g. interview skills, resume writing, work ethics) 2. On the job training at a local business in the community for 100 hours 3. Aftercare support in acquiring permanent employment. To: Bremerton City Council From: Sarah Achaoui Date: November 6, 2019 Re: Public Hearing to Adopt Funding Recommendations for 2020 CDBG/HOME Action Plan On March 20, 2019, the City Council approved the 2020 CDBG/HOME Policy Plan which outlined the funding allocation process and included all CDBG rules and regulations. The Policy Plan also allocated funding for CDBG and HOME Administrator, CDBG and HOME funds for the City’s HOME program priorities and targeted funds for the following priorities: • City-Wide Job Training Programs • Capital Funding in the Target Area All funding is allocated through a competitive allocation process. The HOME funded projects were funded with the Kitsap County Block Grant Program and their Grant Recommendation Committee. This process was established by an interlocal agreement between Kitsap County and the City of Bremerton as the City is a member of the HOME Consortium. The competitive application process began in June with release of the City’s Notice of Funding Availability and in July with release of the funding applications. For 2020 funding the Application was made accessible online and submitted directly to City Staff. Applications were due August 18th. Received were: • 6 Capital Applications • 3 Job Training Applications Applications were screened by City of Bremerton CDBG Administrator, and City of Bremerton Auditor for completeness, financial stability and eligibility. One application did not pass forward to the review round. Each application was individually reviewed and scored by a team of Project Review Committee (PRC) Members, then interviewed, ranked and evaluated by the PRC. Through this evaluation process the Project Review Committee developed the funding recommendations shown in Exhibit A of the Resolution. The projects are each described in Exhibit B. A 30-day public comment period was opened via legal notice in the Kitsap Sun, running from September 26th through October 26th. No public comments were received on the funding DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM recommendations. Recommendations for awards to be funded by the City of Bremerton CDBG or HOME programs will be presented to Bremerton City Council for approval on November 6th in a public hearing. All funding approvals are contingent upon estimated 2020 funding from the Department of Housing and Urban Development. The Project Review Committee has developed funding contingency provisions in case the City receives more or less funding than anticipated. If approved, these funding recommendations will be submitted to HUD in the 2020 Annual Action Plan. Attached in Exhibit A you will see projects funded, the amount funded, and brief descriptions of the projects. 2020 Community Development Block Grant Project Review Committee Recommendations for 2020 Funding Council Public Hearing November 6th, 2019 Description of Funding Sources Community Development Block Grant program is a flexible program which provides communities with resources to address a wide range of unique community development needs. Beginning in 1974 and funded under Title 1 of the Housing and Community Development Act, the CDBG program is one of the longest continuously run programs at HUD. The City of Bremerton as an Entitlement Community receives an annual formula allocation. 2020 Funds Estimated 2020 Entitlement: $400,000 Total:$400,000 2020 Available for Grant Administration: (20% of entitlement)$80,000 Amount Available for funding: $320,000 Project Review Committee •Made up of a combination of City Staff (3), Community Volunteers (3), City Council representative (1), and Planning Commissioner (1). •The Role of the Project Review Committee established in the 2020 Policy Plan is to review, score, and interview applicants. •Project Review Committee members make funding recommendations to the City Council who ultimately makes the final funding recommendation to the Federal Funding Agency: the U.S. Department of Housing and Urban Development. •Established by 2020 CDBG Policy Plan •Resolution Number 3317 •Passed March 20, 2019 Funding Priorities Set By Council and Consolidated Plan Consolidated Planning Priorities: •Creating Economic Opportunities •Providing decent Affordable Housing •Creating suitable living environments (removing architectural barriers) •Support Affordable Housing (HOME Priority) City Council Priorities: •Capital Projects in the Target Area Projects will focus on affordable housing, weatherization and minor home repair, or projects which create or support suitable living environments. •City-wide job training programs Including Public Service Programs and Microenterprise programs (microenterprise will not be subject to the 15% public service cap). •Determined by Council during planning session March, 2019 •A public comment period was also held where no comments were received on the funding priorities Admin Costs Administration is 20% of estimated entitlement award: $80,000 Recommended Projects Project Review Committee Funding Recommendations Coffee OasisHOPE Inc. Job Training-$60,000 •HOPE Inc. Job Training Program connects homeless youth ages 16-25 with job training opportunities at Coffee Oasis businesses and with partners for 100-150 hour internships. •Program will create employment within the City of Bremerton by equipping youth with the skills and support network necessary to acquire employment where they live. •Recommended amount for funding: $60,000 •Projected outcomes for 2020: •35 youth participate in Job Preparation Classes •25 youth participate in a Job Training Internship •Goal to have18 youth acquire employment within 6 months of participating in the program CDBG-JOB TRAINING (15% CAP) Kitsap Community ResourcesBusiness Education Support and Training-$75,000 •The BE$T Micro-enterprise program is designed specifically for low- income individuals and those with limited funds, who are interested in mastering the skills necessary to start and expand their own business. •Funds will allow for comprehensive entrepreneurial training for low- income individuals seeking self-sufficency through entrepreneurship. •BE$T's primary target population are the unemployed, underemployed, individuals with disabilities, senior citizens, veterans, minorities, refugees and immigrants. A sub-set of this population includes the difficult-to-place employee who may struggle with health issues, age discrimination, addiction recovery, and/or criminal history. A secondary target are the existing small business owners in the community who are struggling and need basic business training and coaching to become a stable and sustainable business. •Estimated number of businesses to be assisted: 32 •FTE Jobs Created: 11 •FTE Jobs Retained: 6 CDBG- MICROENTERPRISE Capital Projects in the Target Area Kitsap Community ResourcesWeatherization and Minor Home Repair-$25,000 •Funds will be used to assist low and moderate income Bremerton residents with weatherization and minor home repairs. This will include installing measures which improve energy efficiency such as insulation, blower door testing to assess heat leakage, ductless heat pumps and combustion safety evaluation. •It will also include minor home repairs that may include repair or replacement of a leaking roof, improvements that increase accessibility such as wheelchair ramps, as well as health and safety improvements such as repairing wiring and plumbing. •These funds are available to both renters and home- owners City-wide. Funds will be used for contractor labor and materials, program staff wages & benefits, and support costs for the Weatherization Program. •Recommended amount for funding: $25,000 •Approximately 2 homes will receive assistance in the target zone Weatherization and Minor Home Repair CDBG CAPITALAffordable Housing YWCA Improvements to ALIVE Shelter •YWCA Kitsap County is the only State certified provider of emergency shelter, housing and support services for victims of domestic violence in Kitsap County. •YWCA Kitsap County owns and operates a 13-bed emergency communal living shelter for families fleeing domestic violence. •The emergency shelter, opened in 1978 is in need of necessary repairs. •Necessary repairs include: •Lead Based Paint abatement •Privacy improvements •Security upgrades •Replacement of Windows for energy efficiency and safety improvements •Roof and gutter repair •Project review committee has recommended the YWCA partner with KCR for expertise and ability to leverage work $103,000 City of Bremerton Public Works ADA Improvements •Funds will be used to improve dangerous sidewalks and provide curb ramps where none currently exist •Priority of work will be completing the walkway on Park Drive •Plan will work to implement the City’s ADA Transition Plan •Project will be carried out by City staff for more cost efficiency CDBG CAPITAL $56,000 HOME Projects Kitsap Community Resources-ManetteHousing-$159,193 •Funds will be used for acquisition of land, architectural and engineering costs, and building fees for the development for 9-units, three (3) townhouse style triplexes. •Each triplex will have two 2-bedroom units and one 3-bedroom unit. One of the 2-bedroom units in each triplex will be one level, ADA accessible, and available for a veteran. The units will be available for households at or below 30% of area median income, prioritizing based on the Housing Solutions Center vulnerability assessment. Rental assistance will be provided through Section 8 vouchers. HOME FUNDS Total Project Cost: $3,525,000 City HOME Funds: $159,193 County HOME Funds: $212,627 Kitsap Mental Health Services-Pendleton Place-$295,986 •Funds requested will be used for the construction of a 70-unit permanent supportive and affordable housing facility for residents of Kitsap County, 18 and older, experiencing chronic homelessness and living with persistent mental illness, substance use disorders and/or other disabling conditions. •The complex will consist of 35 studios, 35 1 bedroom, common space (including 2 respite beds), and office space for onsite housing staff and visiting service providers. •Rental assistance will be provided through Project Based Vouchers for 56-units and McKinney funds, through BHA for 14-units. HOME FUNDS Total Project Cost: $20,800,571 City HOME Funds: $295,986 County HOME Funds: $379,014 Community Frameworks-Down Payment Assistance-$68,920 •Funds will be used for Down Payment Assistance (DPA) and administrative costs of the Bremerton Homeownership program. The program will pair HOME funds with internal and lender-partner funds to provide up to 20% DPA and closing cost assistance to program-qualified, mortgage-ready homebuyers at or below 80% Area Median Income purchasing an eligible home in the Bremerton City limits. •Homebuyer education and Individual Pre- Purchase Counseling is required for all participants. When possible, Community Frameworks will undertake “Acquisition, Rehab, Resale” activities focusing on health and safety improvements, with a sweat equity and volunteer labor component. HOME FUNDS Recommended Motion: •Move to pass Resolution approving the 2020 funding recommendations to be included in the 2020 Action Plan to HUD and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. Council District 2 Leslie Daugs Council District 3 Kevin Gorman Council District 4 Lori Wheat Council District 6 Richard Huddy