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HomeMy WebLinkAbout09/22/2021 STUDY SESSION AGENDA PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280 WEDNESDAY, SEPTEMBER 22, 2021 CITY COUNCIL STUDY SESSION AGENDA 5:00 PM – Via Zoom Webinar To help reduce the spread of COVID-19, the City Council is conducting a Study Session via Zoom Webinar. The Study Session is open to the public to listen in, but there will be no opportunities for input; no action is anticipated; and the content of these items is subject to change. If approved by the Council, these items will be placed on the October 6, 2021 City Council Meeting Agenda…  Members of the public are invited to join the Zoom webinar by clicking on the following link: https://us02web.zoom.us/j/86076548948?pwd=M1BlS1ZPNmVuQURiYTRuMEhmVW1TUT09  Or iPhone one-tap: US: +12532158782,,86076548948#,,,,*209823# or +13462487799,,86076548948#,,,,*209823#  Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 215 8782 or +1 346 248 7799 or +1 669 900 6833 or +1 312 626 6799 Webinar ID: 860 7654 8948 Passcode: 209823 Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us A. BRIEFINGS ON AGENDA ITEMS 1. Confirm Appointment of Ansley Clark to the Arts Commission 2. State Plan of Operation (SPO) between the State of Washington and the Bremerton Police Department for the Law Enforcement Support Office (LESO) Program 3. Contract with SCI Infrastructure, LLC for the Ostrich Bay Creek Stormwater Retrofit Project 4. Public Works Agreement with Hokkaido Drilling, Inc. for the Well 13 Rehabilitation 5. Ordinance repealing Chapter 3.99 of the Bremerton Municipal Code entitled “Pendergast Regional Park Construction Fund” 6. Ordinance amending Title 9A of the Bremerton Municipal Code entitled “Criminal Code” 7. Ordinance amending Chapter 9.88 of the Bremerton Municipal Code entitled “Drug Offenses” 8. Presentation on American Rescue Plan Act (ARPA) Funding Information only B. GENERAL COUNCIL BUSINESS Race Equity Advisory Committee Briefing – Chair Leslie Daugs Public Works Committee Briefing – Chair Eric Younger Other General Council Business C. EXECUTIVE SESSION 1. 20 Minutes to discuss Pending Litigation as allowed under RCW 42.30.110 (1) (i) No action… D. ADJOURNMENT OF STUDY SESSION AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Confirm Appointment of Ansley Clark to the Arts Commission Study Session Date: September 22, 2021 COUNCIL MEETING Date: October 6, 2021 Department: Executive Presenter: Mayor Wheeler Phone: (360) 473-5266 SUMMARY: The Mayor is seeking confirmation for the appointment of Ansley Clark to Position #5 on the Bremerton Arts Commission. The term expires December 31, 2025. Ms. Clark has been a resident for one year. ATTACHMENTS: Ms. Clark’s application to the Commission is available in the Mayor’s Office. FISCAL IMPACTS (Include Budgeted Amount): No Fiscal Impacts. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of Ansley Clark to the Arts Commission for the term expiring December 31, 2025. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A1 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: State Plan of Operation (SPO) between the State of Washington and the Bremerton Police Department for the Law Enforcement Support Office (LESO) Program Study Session Date: September 22, 2021 COUNCIL MEETING Date: October 6, 2021 Department: Police Presenter: Aaron Elton Phone: (360) 473-5978 SUMMARY: To allow the Federal and State Law Enforcement Agencies (LEA’s) to transfer excess property turned in by U.S. military units around the world. The type of property turned in ranges from military- specific equipment and vehicles to generic office furniture, computers, medical items and shop equipment. DLA Disposition Services, one of DLA’s major subordinate commands, disposes of this property in a variety of ways, including reutilization/transfer to other military components or federal agencies, donating through programs like computers for schools, destruction for scrap metal and resale to the general public. ATTACHMENTS: State Plan of Operation (SPO) between the State of Washington and the Bremerton Police Department; Application for Participation 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 approve the State Plan of Operation (SPO), and to authorize the Mayor to finalize and execute the SPO with substantially the same terms and conditions as presented. Form Updated 01/02/2018 COUNCIL ACTION: Approve Deny Table Continue No Action A2 Updated Page 1 of 12 Version-February 2021 State Plan of Operation (SPO) between: The State of Washington and the (State/United States Territory) ____________________________________________________ Law Enforcement Agency (LEA) 1) PURPOSE This State Plan of Operation (SPO) is entered into between the State/United States (U.S.) Territory and Law Enforcement Agency (as identified above), to set forth the terms and conditions which will be binding on the parties with respect to Department of Defense (DoD) excess personal property conditionally transferred pursuant to 10 USC § 2576a, in order to promote the efficient, expeditious transfer of property and to ensure accountability of the same. 2) AUTHORITY The Secretary of Defense (SECDEF) is authorized by 10 USC § 2576a to transfer to Federal and State Law Enforcement Agencies (LEAs), personal property that is excess to the needs of the DoD, including small arms and ammunition, that the Secretary determines is suitable to be used by such agencies in law enforcement activities, with preferences for counter-drug/counter-terrorism, disaster-related emergency preparedness or border security activities, under such terms prescribed by the Secretary. The SECDEF has delegated program management authority to the DLA. The DLA Disp Svcs LESO administers the program in accordance with (IAW) 10 USC § 2576a, 10 USC § 280, DoDM 4160.21 and DLAI 4140.11. The DLA defines “law enforcement activities” as activities performed by governmental agencies whose primary function is the enforcement of applicable federal, State, and local laws and whose compensated law enforcement officers have powers of arrest and apprehension. 3) GENERAL TERMS AND CONDITIONS “DoD excess personal property” also known as “items”, “equipment”, “program property”, or “property”. “DLA Disposition Services Law Enforcement Support Office” also known as “1033 Program”, “LESO Program”, “the program”, or “LESO”. “State or U.S. Territory” also known as “the State”, “State Coordinator (SC)”, “State Point of Contact (SPOC)”, or “SC/SPOC”. “Law Enforcement Activities” also known as “agencies in law enforcement activities”, “Law Enforcement Agency (LEA)”, “program participant”, or “State/LEA”. a) Property made available under this agreement is not for personal use and is for the use of authorized program participants only. All requests for property shall be based on bona fide law enforcement requirements. Authorized participants who receive property from the program will not loan, donate, or otherwise provide property to other groups or entities (i.e., public works, county garage, schools, etc.) that are not otherwise authorized to participate in the program. Property will not be obtained by program participants for the purpose of sale, lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan. To receive such property, on an annual basis the LEA shall certify that they have: i) Obtained authorization of the relevant local governing body authority (i.e., city council, mayor, etc.). ii) Adopted publicly available protocols for the appropriate use of controlled property, the supervision, and the evaluation of the effectiveness of such use, including auditing and accountability policies. iii) Annual training in place and provides it to relevant personnel on the maintenance, sustainment, and appropriate use of controlled property, including respect for the rights of citizens under the Constitution of the U.S. and de-escalation of force. b) All costs associated with the transportation, turn-in, transfer, repair, maintenance, insurance, disposal, repossession or other expenses related to property are the sole responsibility of the State/LEA. The State/LEA shall also be responsible to reimburse the U.S Government (USG) for costs incurred in retrieving and/or repossessing property impermissibly transferred by the State/LEA to unauthorized participants. Bremerton Police Department Page 2 of 12 Version-February 2021 c) The State/LEA will maintain and enforce regulations designed to impose adequate security and accountability measures for controlled property to mitigate the risk of loss or theft of property. Program participants shall implement controls to ensure property made available under this agreement is used for official law enforcement use only. The State/LEA shall take appropriate administrative and/or disciplinary action against individuals that violate provisions of the Memorandum of Agreement (MOA) between the Federal Government and the State/U.S. Territory and/or this SPO, including unauthorized use of property. d) All property transferred to the State/LEA via the program is on an as-is, where-is basis. e) LESO reserves the right to recall property issued to a State/LEA at any time. f) General use of definitions/terms: i) Demilitarization (DEMIL code)-a code assigned to DoD property that indicates the degree of required physical destruction, identifies items requiring specialized capabilities or procedures, and identifies items which do not require DEMIL but may require Trade Security Controls (TSC). Program participants are not authorized to conduct physical demilitarization of property. ii) “Controlled property”-items with a DEMIL code of B, C, D, E, F, G, and Q (with an Integrity Code of “3”. Title and ownership of controlled property remains with the DoD in perpetuity and will not be relinquished to the State/LEA. When a State/LEA no longer has a legitimate law enforcement use for controlled property, they shall notify the LESO and the property will be transferred to another program participating State/LEA (via standard transfer process) or returned to DLA Disp Svcs for disposition. iii) “Non-controlled" property”-items with a DEMIL code of A or Q (with an Integrity Code of “6”). These items are conditionally transferred to the State/LEA and will remain on State/LEA accountable inventory for one year from the ship date. However, after one year from the ship date, DLA will relinquish ownership and title for the property to the State/LEA without issuance of further documentation. During this one year period, the State/LEA remains responsible for the accountability and physical control of the property and the LESO retains the right to recall the property. Participants should return any property in this one year period that becomes excess to their needs or they otherwise determine is not serviceable. (1) The LEA receives title and ownership of DEMIL “A” and “Q6” property as governmental entities. Title and ownership of this property does not pass from DoD to any private individual or State/LEA official in their private capacity. Such property shall be maintained and ultimately disposed of IAW provisions in State and local laws that govern public property. (2) Sales/gifting of DEMIL“A” and “Q6” property after one year from the ship date inconsistent with State/local law may constitute grounds to deny future participation in the program. (3) After one year from ship date, DEMIL “A” and “Q6” property may be transferred, cannibalized for usable parts, sold, donated, or scrapped. (4) Once the property is no longer on the LEA accountable inventory, the property is no longer subject to the annual physical inventory requirements and will not be inventoried during a LESO Program Compliance Review (PCR). g) All physical transfers of property require LESO approval. Program participants will not physically transfer property until the LESO approval process is complete. Program participants may request their SC/SPOC approval to temporarily conditionally loan property to another program participant (if mission requires). If the SC/SPOC approves the temporary conditional loan, it shall be done using an acceptable Equipment Custody Receipt (ECR). At the end of the temporary conditional loan, the item (s) shall be returned to the original LEA for accountability. All requests for conditional loans will be based on bona fide law enforcement requirements. Page 3 of 12 Version-February 2021 h) The program may authorize digital signatures on required program documentation. i) The State/LEA is not required to maintain insurance on controlled property, aircraft or other property with special handling requirements that remain titled to DoD. However, the State/LEA will be advised that if they elect to carry insurance and the insured property is on the program inventory at the time of loss or damage, the recipient will submit a check made payable to DLA for insurance proceeds received in excess of their actual costs of acquiring and rehabilitating the property prior to its loss, damage, or destruction. 4) STATE PLAN OF OPERATION The State shall: a) Assist in training LEAs with enrollment, property requests, transfers, turn-ins, and disposal procedures. b) Adhere to the requirements outlined in the MOA between the Federal Government and the State/U.S. Territory and ensure MOA amendments or modifications are incorporated into this SPO and program participants are notified and acknowledge responsibility to comply with changes. c) Submit a SPO to LESO that shall address procedures for determining LEA eligibility, allocation, equitable distribution of property, accountability, inventory, training, and education, State-level internal PCRs, export control requirements, procedures for turn-in, transfer, and disposal and other responsibilities concerning property. d) Enter into written agreement with each LEA, via the LESO-approved SPO, to ensure program participants acknowledge the terms, conditions, and limitations applicable to property. This SPO must be signed by the current Chief Law Enforcement Official (CLEO) (or designee) and the current SC/SPOC. e) Provide program participants the following information: i) The LESO Program State POCs: State Coordinator (SC): Mimi Limmeroth State Point of Contact (SPOC): Dale Richardson State Point of Contact (SPOC): Scott Fifield ii) SC/SPOC Facility Information: Physical Mailing Address: 7511 New Market St. SW, Olympia, WA. 98504 Email: dale.richardson@des.wa.gov Phone Number: 360.407.1920 Website: None Hours of Operation: Monday – Friday 7:00AM – 4:00PM iii) Funding to administer the LESO Program at the State-level is provided via: Annual participation fees, based on the numbers of officers per agency. PROPERTY ACCOUNTING SYSTEM The State will maintain access to Federal Excess Property Management Information System (FEPMIS) (or current property accounting system), to ensure LEAs Page 4 of 12 Version-February 2021 maintain property books, to include, but not limited to, transfers, turn-ins, and disposal requests from an LEA or to generate these requests at the State-level and forward all approvals to the LESO for action. The State will: f) Conduct quarterly reconciliations of State property records. g) Ensure at least one person per LEA maintains access to the property accounting system. Users may be “active” or “inactive” in the system, so long as they are registered. Ensure registered users are employees of the State/LEA. h) Ensure LEAs receive and account for property in the property accounting system within 30 days. 5) LESO WEBSITE The State shall access the LESO website for timely and accurate guidance, information, and links concerning the program and ensure that all relevant information is passed to the program participants. 6) ANNUAL TRAINING 10 USC § 280 provides that the SECDEF, in cooperation with the U.S. Attorney General, shall conduct an annual briefing of law enforcement personnel of each State (including law enforcement personnel of the political subdivisions of each State). Individuals who wish to attend are responsible for funding their own travel expenses. The briefing will include information on training, technical support, equipment, and facilities that are available to civilian law enforcement personnel from the DoD. The state shall provide program participants training material as discussed during the annual LESO training which includes information on property management best practices to include (but not limited to) searching for property, accounting for property on inventory, transfer and turn-in of property when it is no longer needed or serviceable. 7) ENROLLMENT The LESO shall establish and implement program eligibility criteria IAW 10 USC § 2576a, DLA Instructions and Manuals and this SPO and retains final approval/disapproval authority for application packages forwarded by the State. Non-governmental law enforcement entities such as private railroad police, private security, private academies, correctional departments, prisons, or security police at private schools/colleges are not eligible to participate. Fire departments (by definition) are not eligible to participate and should be referred to the DLA Fire Fighter program administered by USDA. Law enforcement agencies requesting program participation shall have at least one full-time law enforcement officer. Program property may only be issued to full-time/part-time law enforcement officers. Non-compensated reserve officers are not authorized to receive property. State law enforcement training facilities/ academies may be authorized to participate in the program given their primary function is the training of bona fide State/local law enforcement officers. Law enforcement training facilities/academies will be reviewed on a case-by-case basis. The State shall: a) Validate the authenticity of state/LEAs that are applying for program participation. Only submit to the LESO those application packages that the SC/SPOC recommends/certifies are government agencies whose primary function is the enforcement of applicable federal, State, and local laws and whose compensated officers have the powers of arrest and apprehension. If the State forwards an unauthorized participant application package, this may result in a formal suspension of the State. b) Have sole discretion to disapprove state/LEA application packages in their State. The SC/SPOC should provide notification to the LESO when application packages are disapproved at the State-level. c) Ensure that screeners listed in the application package are employees of the LEA. A screener may only screen property for two LEAs. Contractors may not conduct screening on behalf of a LEA. d) Make recommendation on what constitutes a “full-time” or “part-time” law enforcement officer. e) Ensure LEAs update their account information annually, or as needed. This may require the LEA to submit an updated application package. An updated application package shall be submitted for (but is not limited to) Page 5 of 12 Version-February 2021 the following: a change in CLEO, the addition or removal of a screener, a change in the LEA physical address or contact information, etc. f) Provide the LEA a comprehensive program overview once approved by the LESO for enrollment. The overview will be done within 90-days of a LEA being approved to participate. 8) PROPERTY ALLOCATION a) The LESO shall: i) Upon receipt of a SC/SPOC validated request for property through the RTD website, will review and give preference to requisitions indicating that the requested property will be used in the counter-drug, counter-terrorism, disaster-related emergency preparedness, or border security activities of the requesting LEA. Program participants that request vehicles used for disaster-related emergency preparedness, such as high-water rescue vehicles, should receive the highest preference. ii) Require additional justification for small arms, aircraft, ammunition, and vehicles and to the greatest extent possible, ensure fair and equitable distribution of property based on current LEA inventory and justification for property. iii) Reserve the right to determine and/or adjust allocation limits, to include the type, quantity and location of property allocated to the State/LEA. Generally, no more than one item (per part-time/full-time officer) will be allocated. Quantity exceptions may be granted by the LESO on a case-by-case basis based on the justification provided by the LEA. Currently, the following allocation limits apply: (1) Robots: one (of each type) for every ten officers (full-time/part-time). (2) High Mobility Multipurpose Wheeled Vehicle (HMMWV)/Up-Armored HMMWV (UAH): one vehicle for every three officers (full-time/part-time). (3) Mine Resistant Ambush Protected (MRAP) / Armored Vehicles: two vehicles per LEA. (4) Small arms: one (of each type) per officer (full-time/part-time). (a) LESO may authorize over allocations of small arms in preparation for inevitable scenarios, i.e. training, equipment downtime (damage, routine maintenance, inspections) or other law enforcement needs. The chart below is the standard for small arms acceptable over-allocations: (b) In instances where small arm allocation amounts exceed the “acceptable over-allocation” levels, the LESO will coordinate with States to verify accuracy of the officer count. If small arm allocation is still beyond acceptable levels, LESO may authorize one of the following: 1) an exception to policy, 2) a transfer, or 3) a turn-in. b) The State shall: Small Arms Acceptable Over-Allocations # of Officers # by type 1-10 2 or less 11-25 3 or less 26-100 5 or less 101-299 8 or less 300 or more 10 or less Page 6 of 12 Version-February 2021 i) Assist the LEA in the use of electronic screening of property via the RTD website and shall access the RTD website a minimum of once daily (Monday-Friday) to review and process LEA requests for property. Property justifications shall be validated to ensure they meet the intent of 10 USC § 2576a as suitable for use by agencies in law enforcement activities. Prior to approving a request or transfer, review the LEAs property allocation report to prevent over allocation. ii) Upon receipt of a valid LEA request for property, provide a recommendation to the LESO on the preference to be given to those requisitions for property that will be used in counter-drug, counter-terrorism, disaster-related emergency preparedness or border security activities of the recipient agency. Requests for vehicles used for disaster-related emergency preparedness, such as high-water rescue vehicles, should receive the highest preference. The State shall consider the fair and equitable distribution of property based on current LEA inventory and LEA justifications for property. The State shall ensure the type and quantity of property being requested by LEAs is reasonable and justifiable given the number of officers (full-time/part-time) and prior requisitions for similar items they have received (both controlled and non-controlled property). Generally, no more than one of any item per officer (full- time/part-time) will be allocated. 10) PROPERTY MANAGEMENT Certain controlled equipment shall have a documented chain of custody (i.e. an acceptable ECR), including a signature of the recipient. Controlled property requiring an ECR: small arms (including parts and accessories), aircraft, vehicles, optics, and robots. It is encouraged to utilize ECRs for all controlled property. LEAs may request cannibalization on aircraft or vehicles. Cannibalization requests shall be submitted to the State for review. Cannibalization must be approved by the LESO prior to any cannibalization actions. The cannibalized end item shall be returned to DLA Disp Svcs within the timeframes determined by the LESO. a) Aircraft-Aircraft will not be obtained by LEAs for the purpose of sale, lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan and shall be reported to the LESO at the end of their useful life. All aircraft are considered controlled property, regardless of DEMIL code. Aircraft that are no longer needed or serviceable shall be reported to the General Services Administration (GSA) for final disposition by the LESO Program Aircraft Specialist. b) Vehicles-Program participants that request vehicles used for disaster-related emergency preparedness, such as high-water rescue vehicles, should receive the highest preference. Vehicles will not be obtained by LEAs for the purpose of sale, lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan and vehicles that are considered controlled property will be returned to DLA Disp Svcs at the end of their useful life. DLA Disp Svcs Field Activity/Site will identify qualifying DEMIL A or Q6 vehicles and may issue (upon LEA request) a Standard Form (SF) SF-97 to the LEA upon physical transfer of the vehicle. The LEA may modify the vehicle during the one year conditional transfer period. c) Ammunition-LESO will support the U.S. Army (USA), in allocating ammunition to program participants. Ammunition obtained via the program will be for training use only. At the time of request, the LEA will certify in writing that the ammunition will be used for training use/purposes only. The USA will issue approved transfers directly to the State/LEA. The State/LEA is responsible for funding all packing, crating, handling, and shipping costs for ammunition. The LEA will make reimbursements directly to the USA. Ammunition will not be obtained by LEAs for the purpose of sale, lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan. Ammunition obtained via the program shall not be sold. Ammunition will be treated as a consumable item and not tracked in any DLA inventory system or inspected during PCRs. LESO shall track and maintain necessary records of ammunition that has been transferred to LEAs and will post all requests, approvals, and denials on the LESO public website. d) Small arms: Page 7 of 12 Version-February 2021 i) Small arms will not be obtained by LEAs for the purpose of sale, lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan and shall be returned to DLA Disp Svcs at the end of their useful life. Cannibalization of small arms is not authorized. ii) Temporary modifications to small arms are authorized; permanent modifications to small arms are not authorized (i.e. drilling holes in the lower receiver of a small arm). In cases of temporary modifications, all parts are to be retained and accounted for in a secured location under the original serial number for the small arm until final disposition is determined. If the modified small arm is transferred to another LEA, all parts will accompany the small arm to the receiving LEA. iii) Small arms will be issued utilizing an acceptable ECR which obtains certain information about the property being issued to include (but is not limited to) the signature of the law enforcement officer who is accepting responsibility for the small arm(s), the serial number of the small arm, the date in which the law enforcement officer took possession of the small arm, etc. iv) Small arms that are not carried on an officer’s person or in the officer’s immediate physical vicinity will be secured using “two levels of physical security”. Two levels of physical security meaning two distinct lockable barriers, each specifically designed to render a small arm inaccessible and unusable to unauthorized persons. Lockable barriers meeting this description may be either manual or electronic. v) Program participants no longer requiring program small arm(s) shall request authorization to transfer the small arm to another participating LEA or request authorization to turn-in/return the small arm. Transfers and turn-in requests shall receive final approval from the LESO; small arms will not physically move until the LESO provides official notification that the approval process is complete. When turning-in small arms to Anniston Army Depot, the LEA shall follow LESO turn-in guidance. vi) Local destruction (DEMIL) of small arms is not authorized. vii) Lost, Stolen or Destroyed (LSD) small arms: (1) Program participants with multiple instances of LSD small arms in a five-year window will be assessed by DLA Disp Svcs to determine if a systemic problem exists IAW DLAI 4140.11. (2) DLA OIG investigations may be initiated if small arms are improperly disposed of or become LSD while in program inventory. The State/LEA may be required to reimburse DLA the fair market value of the small arms when negligence, willful misconduct, or a violation of the MOA between the Federal Government and the State/U.S. Territory and/or this SPO is confirmed at the conclusion of the Financial Liability Investigation of Property Loss (FLIPL). (a) Reimbursement will be within 60-days of the completion of the FLIPL. (b) Title will never transfer to the recipient regardless of the status of the small arm. (c) Payments due to DLA Disp Svcs, based upon the findings of the FLIPL, may be paid by one of three methods: 1) credit card via pay.gov, 2) cashier/ business check, or 3) wire transfer. (3) In instances of LSD small arm recovery, DoD retains title in perpetuity and the small arm shall be immediately relinquished/surrendered back to the program. 11) PROGRAM COMPLIANCE REVIEWS (PCR) Page 8 of 12 Version-February 2021 a) The LESO shall: i) Conduct PCRs to ensure that the SC/SPOC, and all LEAs within a State are compliant with the terms and conditions of the program as required by 10 USC § 2576a, the MOA between the Federal Government and the State/U.S. Territory and/or this SPO and any DLA Instructions and manuals regarding the program. PCRs are conducted to ensure property accountability, program compliance, and program eligibility. ii) Conduct PCRs for participating States every 2 years, providing training to the State/LEA as needed. iii) Reserve the right to conduct no notice PCRs, or require an annual review, or similar inspection, on a more frequent basis for any State/LEA. iv) Intend to physically inventory 100% of property selected for review at each LEA during a PCR. The use of ECRs in lieu of physical inspection is discouraged during PCRs. Extensive use of the ECR (without prior coordination with LESO) may result in a non-compliance finding during the PCR. v) Intend to review as much property as possible during a PCR. (1) The goal is to review 20% of a State’s overall small arms inventory. (2) The goal for inventory selections (at LEAs selected for review) is 15% of an LEAs general property to include non-controlled property (DEMIL code A and Q6). vi) Select LEAs not visited during the last three regularly scheduled PCR cycles (as applicable). vii) Recommend corrective actions (which may include suspending a State/LEA from program participation) for findings of non-compliance identified during a PCR. (1) The LESO shall issue corrective actions (with suspense dates) to the State, which will identify what is needed to rectify the identified deficiencies within the State/LEA. (2) If the State/LEA fails to correct identified deficiencies within the LESO suspense dates, the LESO may move to restrict, suspend, or terminate the State/LEA from program participation. (3) States found non-compliant for a PCR will be suspended for a minimum of 60-days and will not be reinstated until the State successfully passes a LESO-conducted PCR. viii) Ensure the State/LEA understand that property shall be transferred to a participating agency with SC/SPOC and LESO approval or returned to DLA Disp Svcs when no longer needed or serviceable. b) The State shall: i) Assist the LESO as required, prior to, during and upon completion of the PCR. ii) Assist in the coordination of the PCR daily schedule of events and forward the schedule to LEAs that have been selected for review. iii) Contact LEAs that have been selected for the PCR via phone, email or in person to ensure they are aware of the schedule and are prepared for the PCR. iv) Receive inventory selections from the LESO and forward them to the selected LEAs. The State shall Page 9 of 12 Version-February 2021 ensure the LEA physically gathers the selected property in a central location (to the greatest extent possible) which will allow the LESO to physically inventory the property efficiently during the PCR. v) Coordinate the use of any ECR with the LESO prior to the PCR. vi) Ensure LEAs understand property shall be transferred to a participating agency with SC and LESO approval or returned to DLA Disp Svcs when deemed no longer needed or serviceable. vii) Conduct State-level (internal) PCRs of participating LEAs to ensure property accountability, program compliance and program eligibility utilizing a PCR checklist provided by the LESO, or equivalent (for uniformity purposes). (1) Ensure a State-level (internal) PCR of at least 8% of LEAs with program inventory is completed annually (3% of which will be focused on program participants with no controlled property). Results of the State-level (internal) PCR will be kept on-file with the State. Documentation shall be provided to the LESO for each LEA that received a State-level PCR. (2) The State-level (internal) PCR will include, at minimum: (a) A review of the dually-signed SPO, ensuring it is uploaded to the property accounting system. (b) A review of the LEA application package to confirm authenticity and eligibility of the LEA. (c) An inventory of property selected for review at each LEA. (d) A review of each selected LEA files for any of the following which may include turn- in/transfer DD Form 1348-1A, ECR, small arm documentation, FLIPL documents, exception to policy letters, approved cannibalization requests, or other pertinent documentation as required. (3) Request that the LESO restrict, suspend or terminate an LEA based on findings during State- level internal PCR or due to non-compliance with terms of the MOA between the Federal Government and the State/U.S. Territory and/or this SPO, DLA Instruction/Manual or any statute or regulation regarding the program. (4) Notify the LESO and initiate an investigation into any questionable activity or action involving property issued to a LEA that comes to the attention of the State and is otherwise within the authority of the Governor/State to investigate. Upon conclusion of any such investigation, take appropriate action and/or make appropriate recommendations on restriction, suspension, or termination of the State/LEA to the LESO. The SC may suspend or terminate a State/LEA participation in the program at any time for non-compliance. 12) ANNUAL PHYSICAL INVENTORY Each State/LEA is required to conduct an annual physical inventory of all property on the active property book and provide certification in the property accounting system. DEMIL “A” and “Q6” property records will not be closed during the annual physical inventory period. In the State of Washington, the annual physical inventory and certification in the property accounting system process starts on July 1st and must be completed by September 30th. The State shall: a) Provide training to LEAs to properly conduct the annual physical inventory and complete the certification of property in the property accounting system. b) Ensure an approved and current SPO is uploaded in the property accounting system for each LEA. c) Validate the annual physical inventory certifications submitted by LEAs. Page 10 of 12 Version-February 2021 d) Adhere to annual physical inventory certification requirements as identified by the LESO. Physical inventories and certification statements will be maintained on file IAW the DLA records schedule. e) Annually certify property is utilized and is within allocation limits IAW the MOA between the Federal Government and the State/U.S. Territory and this SPO . f) Recommend suspension of program participants who fail to complete or submit the certified annual physical inventory. 13) REPORTING LOST, STOLEN, OR DESTROYED (LSD) PROPERTY Any property identified as LSD on a LEA current inventory, shall be reported to the State/LESO. A FLIPL (aka the DD Form 200) shall be submitted to the State/LESO for LSD property. Program participants agree to cooperate with investigations into LSD property by any federal, state, or local investigative body and, when requested, assist with recovery of LSD property. a) LSD controlled property shall be reported to the State/LESO within 24-hours. Program participants may be required to provide their SC/SPOC additional documentation which may include (but is not limited to): 1) Comprehensive police report, 2) NCIC report/entry, and 3) Contact information for the Civilian Governing Body (CGB) over the LEA involved, to include: Title, Name, Email, and mailing address. b) LSD property with a DEMIL code of “A” and “Q6” shall be reported to the State/LESO within 7-days. 14) RESTRICTION, SUSPENSION OR TERMINATION Program participants are required to abide by the terms and conditions of the MOA between the Federal Government and the State/U.S. Territory and this SPO in order to maintain active program participation status. If a State/LEA fails to comply with any term or condition of the MOA, SPO, DLA Instruction or Manual, federal statute or regulation, the State/LEA may be suspended, terminated, or placed on restricted status. Restriction, suspension, or termination notifications will be in writing and will identify remedial measures required for reinstatement (if applicable). Suspension-A specified period in which an entire State/LEA is prohibited from requesting or receiving additional property through the program. Additional requirements may be implemented, to include the State/LEA requirement to return specifically identified controlled property. Suspensions will be for a minimum of 60-days. Termination-The removal of a State/LEA from program participation. The terminated State/LEA shall transfer or turn-in all controlled property previously received through the program at the expense of the State/LEA involved. Restricted Status-A specified period in which a State/LEA is restricted from receiving an item or commodity due to isolated issues with the identified item or commodity. Restricted status may also include restricting a State/LEA from all controlled property. a) State termination-The SC/SPOC will coordinate with LESO to identify a realistic timeframe to complete the transfer or turn-in of all property. The LESO retains final authority to determine timeframe requirements. b) LEA termination-The SC/SPOC will coordinate with LESO to identify a realistic timeframe to complete the transfer or turn-in of all property. The LESO retains final authority to determine timeframe requirements. c) In the event of a termination, the State/LEA will make every attempt to transfer the property of the terminated State/LEA to an authorized State/LEA, as applicable, prior to requesting a turn-in of the property to DLA Disp Svcs. In cases that require a repossession or turn-in of property, the State/LEA will bear all expenses related to the repossession, turn-in or transfer of property to DLA Disp Svcs. d) The State shall: i) Suspend LEAs for a minimum of 60-days in all situations relating to the suspected or actual abuse of property or requirements and/or repeated non-compliance related to the terms and conditions of this SPO. Suspension may lead to termination. The State shall also issue corrective action guidance to the LEA with suspense dates to rectify issues and/or discrepancies that caused the restriction, suspension, or Page 11 of 12 Version-February 2021 termination. The State shall require the LEA to submit results on completed police investigations and/or reports on LSD property to include the LEA CAP. The LESO retains final discretion on reinstatement requests. Reinstatement to full participation from a restriction, suspension or termination is not automatic. ii) Initiate corrective action to rectify suspensions or terminations of the LEA for non-compliance to the terms and conditions of the program. The State shall also make contact (until resolved) with suspended LEAs to ensure corrective actions are rectified within required timeframes provided by the LESO. iii) Require the LEA to complete and submit results on completed police investigations or reports regarding LSD property. The State will submit all documentation to LESO upon receipt. iv) Provide documentation to LESO when actionable items are rectified for the State/LEA. v) Request that the LESO suspend or terminate an LEA based upon their findings during State-level internal PCR or due to non-compliance with any term of this SPO, DLA Instruction/Manual or any statute or regulation regarding the program. vi) Notify the LESO and initiate an investigation into any questionable activity or action involving property issued to an LEA that comes to the attention of the State and is otherwise within the authority of the Governor/State to investigate. Upon conclusion of any such investigation, take appropriate action and/or make appropriate recommendations on restriction, suspension, or termination of the LEA to the LESO. The SC may revoke or terminate concurrence for LEA participation in the program at any time. vii) Provide written request to the LESO for reinstatement of an LEA for full participation status at the conclusion of a restriction or suspension period. Written verification shall be provided that the SC/SPOC has validated the LEA CAP. 15) RECORDS MANAGEMENT The LESO, SC/SPOC, and LEAs participating in the program will maintain program records IAW the DLA records schedule. Records for property acquired through the program have retention controls based on the DEMIL code. Property records will be filed, retained, and destroyed IAW DLA records schedule. Records may include, but are not limited to: DD Form 1348-1A for transfers, turn-ins, requisitions, Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) Forms 5 and 10. 16) TRADE SECURITY CONTROL (TSC) and COMPLIANCE WITH EXPORT CONTROL REGULATIONS Items transferred to program participants, including DEMIL A and Q (with an Integrity Code of 6) property, may be subject to export control restrictions. Program participants shall comply with U.S. export control laws and regulations if they contemplate further transfers of any property. Once title transfers, LEAs should consult with the Department of State (DoS) and Department of Commerce (DoC) export control regulators about the type of export controls that may apply to items, regardless of DEMIL code. Program participants may request a formal Commodity Classification from the DoC, Bureau of Industry and Security (BIS), or submit a general correspondence request to the DoS, Directorate of Defense Trade Controls. Information on managing exports of CCL items can be found at the U.S. DoC Bureau of Industry and Security website. Program participants shall notify all subsequent purchasers or transferees, in writing, of their responsibility to comply with U.S. export control laws and regulations. 17) NOTICES Any notices, communications, or correspondence related to this SPO shall be provided by email, the U.S. Postal Service (USPS), express service, or facsimile to the appropriate DLA office. The LESO may (from time to time) make unilateral modifications or amendments to the provisions of the MOA between the Federal Government and the State/U.S. Territory and/or this SPO. Notice of these changes will be provided to the State in writing. Unless the State takes immediate action to terminate the MOA between the Federal Government and the State/U.S. Territory and/or this SPO, such modifications or amendments will become binding. In such cases, reasonable opportunity will (insofar as practicable) be afforded the State/LEA to conform to changes affecting their operations. 18) ANTI-DISCRIMINATION By signing or accepting property, the State/LEA pledges agreement to comply Page 12 of 12 Version-February 2021 with provisions of the national policies prohibiting discrimination: 1) On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.) as implemented by DoD regulations 32 CR Part 195, 2)On the basis of age, in the Age Discrimination Act of 1975 (42 USC 6101, et seq) as implemented by Department of Health and Human Services regulations in 45 CFR Part 90 and 3) On the basis of handicap, in Section 504 of the Rehabilitation Act of 1973, P.L. 93-112, as amended by the Rehabilitation Act Amendments of 1974, P.L. 93-516 (29 USC 794), as implemented by Department of Justice (DoJ) regulations in 28 CFR Part 41 and DoD regulations at 32 CFR Part 56. These elements are the minimum essential ingredients for establishment of a satisfactory business agreement between the State and the DoD. 19) INDEMNIFICATION CLAUSE The State/LEA is required to maintain adequate liability insurance to cover damages or injuries to persons or property relating to the use of property issued under the program. Self-insurance by the State/LEA is considered acceptable. The USG assumes no liability for damages or injuries to any person(s) or property arising from the use of property issued under the program. It is recognized that State and local law generally limit or preclude the State/LEA from agreeing to open ended indemnity provisions. However, to the extent permitted by State and local laws, the State/LEA shall indemnify and hold the USG harmless from any and all actions, claims, debts, demands, judgments, liabilities, cost, and attorney’s fees arising out of, claimed on account of, or in any manner predicated upon loss of, or damage to property and injuries, illness or disabilities to, or death of any and all persons whatsoever, including members of the general public, or to the property of any legal or political entity including States, local and interstate bodies, in any manner caused by or contributed to by the State/LEA, its agents, servants, employees, or any person subject to its control while the property is in the possession of, used by, or subject to the control of the State/LEA, its agents, servants, or employees after the property has been removed from USG control. 20) TERMINATION This SPO may be terminated by either party, provided the other party receives a thirty (30) day notice (in writing) or as otherwise stipulated by Public Law. The undersigned SC hereby agrees to comply with all provisions set forth herein and acknowledges that any violation of the terms and conditions of this SPO may be grounds for immediate termination and possible legal consequences, to include pursuit of criminal prosecution if so warranted. 21) The undersigned Chief Law Enforcement Officer agrees to comply with all provisions and requirements set forth in HB 1054 and acknowledges that any violation of the terms and conditions of such may be grounds for immediate termination from the LESO Program. 22) AGREEMENT OF PARTIES The parties below agree to enter this agreement as of the last date below: Governor-appointed SC/SPOC, State of: _________________________________________________________ Full Name (Print): __________________________________________________________________________ Signature (Sign): _________________________________________Date (MM/DD/YYYY): ______________ Chief Law Enforcement Official (CLEO) (or designee): ____________________________________________ Title (Print): _______________________________________________________________________________ Full Name (Print): __________________________________________________________________________ Signature (Sign): _________________________________________Date (MM/DD/YYYY): ______________ Washington Dale Richardson Services Site. FULL-TIME: PART-TIME: DEFENSE LOGISTICS AGENCY DISPOSITION SERVICES 74 WASHINGTON AVENUE NORTH BATTLE CREEK, MICHIGAN 49037-3092 Law Enforcement Support Office (LESO)Application for Participation / Authorized Screeners Letter (This form is for State/Local Law Enforcement Agencies only) Page 1 of 2 *City: *#1 POC (Aircraft/Small Arms/Vehicle) *Last Name #2 *Last Name POC (Aircraft/Small Arms/Vehicle) #3 #4 *Last Name POC (Aircraft/Small Arms/Vehicle) *Last Name POC (Aircraft/Small Arms/Vehicle) *Official Title / Rank *First Name *Email *Phone Number *Official Title / Rank *First Name *Email *Phone Number *Official Title / Rank *First Name *Email *Phone Number *Official Title / Rank *First Name *Email *Phone Number *Full-time:*Part-time: Agency MUST have at least 1 full-time officer to participate in the program. Indicate the number of compensated officers with arrest and apprehension authority. Part-time field MUST be filled in: N/A, 0 or - is acceptable. RTD Screener - RTD Screeners must be employed by the aforementioned LEA. Individuals identified below may request access to act as an authorized "RTD Screener" on behalf of this Law Enforcement Agency. Agency MUST have at least 1 RTD Screener. *Phone #: (Application Version: Oct 11, 2018) *Originating Agency Identifier (ORI) Number (if applicable) *Email:Note: Email is needed for automated system notifications. *NCIC P.O. Box or address (if different than above i.e. Terminal Location): *State: *Indicates Required Fields SECTION 1: *Agency Name: *Agency Physical Address: *Zip Code: Fax #: 59 3 CLEAR FORM WA 98337 Bremerton Police Department Bremerton Mike.Davis@ci.bremerton.wa.us 360.473.5233 (360) 473-5396 Captain Mike Davis Mike.Davis@ci.bremerton.wa.us 360.473-5233 Lieutenant Aaron Elton Aaron.Elton@ci.bremerton.wa.us (360) 473-5978 Lieutenant Todd Byers (360) 473-5225 WA0180100 n/an/a Todd.Byers@ci.bremerton.wa.usTodd.Byers@ci.bremerton.wa.us 1025 Burwell Street 1025 Burwell Street, Bremerton, WA 98337 Page 2 of 2 *LESO Authorized Signatory:*Screener letter is valid one year from this date: *SIGNATURE LESO Notes: (Application Version: Oct 11, 2018 *PRINTED NAME FIRST & LAST *SIGNATURE *DATE SECTION 3: *TITLE *EMAIL *PRINTED NAME: FIRST & LAST *SIGNATURE *DATE SECTION 2: RESERVED FOR LAW ENFORCEMENT AGENCY USE ONLY Law Enforcement Agency/Activity - The LESO Program defines this as a Governmental agency/activity whose primary function is the enforcement of applicable Federal, State and Local laws and whose compensated Law Enforcement officers have the powers of arrest and apprehension. I certify that my agency meets the definition of a "Law Enforcement Agency/Activity" as described above. I certify that all information contained in this application is valid and accurate. I understand that I must provide my State Coordinator an application to update my agency participant information if the following information changes: 1. Chief Law Enforcement Official (CLEO) changes, 2. Agency physical address changes or 3. RTD Screener additions/deletions. I am signing this document as the CLEO of this law enforcement agency. In my official position or as Acting/Interim, I am authorized to sign documents on behalf of the CLEO for this agency. If checked, please provide current department policy or Memorandum that provides such signature authority to the individual holding that official position. *(Check only one): * SECTION 4: RESERVED FOR LESO USE ONLY NOTICE FOR DLA DISPOSITION SERVICES PERSONNEL: Regulatory guidance outlining Screener Identification and Authorization must be accomplished in accordance with DOD 4160.21-M, Volume 3, Enclosure 5, Section 3 (k). In accordance with the aforementioned reference, the LESO Program authorizes the individuals identified in Section 1 of this form to screen excess property at your facilities as authorized participants in the LESO Program. This authorized screener letter supersedes all previously issued screener letters for this Law Enforcement Agency/Activity and is valid only on or after the date signed by authorized LESO signatory. Only two individuals authorized to screen per visit; however, additional personnel may assist receiving material previously screened and approved for transfer. *This agency is authorized to screen items via the LESO Program under authorized Agency DODAAC: RESERVED FOR STATE COORDINATORS OFFICE USE ONLY As the State Coordinator/ State Point of Contact it has been determined that the agency meets the definition of a "Law Enforcement Agency/Activity" as described in section 2. I certify that all information contained in this application is valid and accurate. By signing this application, I certify that my Agency will comply with U.S. Code 2576a for all controlled property, which states; With the authorization of the relevant local governing body or authority, that my agency has adopted publically available protocols for the appropriate use of controlled property, the supervision of such use, and the evaluation of the effectiveness of such use, including auditing and accountability policies; and that it provides annual training to relevant personnel on the maintenance, sustainment, and appropriate use of controlled property. I certify under penalty of perjury that the foregoing is true and correct. Making a false statement may result in judicial actions or prosecution under 18 USC § 1001. Note: Once this screener letter has expired, agency can request a new screener letter (LESO AUTHORIZATION SCREENER LETTER, v.MARCH 2018) only through their SC/SPOC. Interim Chief of Police 4 4 Tom.Wolfe@ci.bremerton.wa.us Tom Wolfe AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: September 22, 2021 Contract with SCI Infrastructure, LLC for the Ostrich Bay Creek Stormwater Retrofit Project COUNCIL MEETING Date: October 6, 2021 Department: PW&U- Engineering Presenter: Gunnar Fridriksson Phone: (360) 473-5758 SUMMARY: The Ostrich Bay Creek stormwater basin is approximately 423 acres and has been documented as the most polluted stream in Kitsap County. This project concentrates on 15.29 acres of heavily urbanized area which currently has no stormwater treatment. Stormwater treatment will be provided by the installation of 14 Biopods at multiple locations on Kitsap Way, Bruenn Avenue, and Auto Center Way. Bids for the construction of the project were opened on September 2, 2021, and 11 Bids were received. SCI Infrastructure, LLC is the lowest responsive, responsible bidder with their base bid totaling $ 1,025,002.25 including sales tax. Staff recommends award of the Ostrich Bay Creek Stormwater Retrofit Project Contract to SCI Infrastructure, LLC. ATTACHMENTS: 1) Site Plan; 2) Bid Tabulation; 3) Contract FISCAL IMPACTS (Include Budgeted Amount): The Ostrich Bay Creek Stormwater Retrofit Project is included in the 2021 budget in the amount of $1,535,292 and is funded by a Washington State Department of Ecology Water Quality Program Grant in the amount of $ 802,367.00; the remaining to be funded from the Stormwater Utility Fund. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to award the contract to SCI Infrastructure, LLC for the Ostrich Bay Creek Stormwater Retrofit Project, in the amount of $ 1,025,002.25, 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 A3 Ostrich Bay Oyster Bay KitsapLake City of Bremerton 233-1896-173 Ostrich Bay Creek Stormwater Treatment I-43 August 2021 Contract Documents Contract CONTRACT (Page 1 of 4) THIS AGREEMENT is dated the day of in the year 20___ by and between the City of Bremerton (hereinafter called CITY) and (hereinafter called CONTRACTOR). CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the CITY’s Contract Documents entitled Ostrich Bay Creek Stormwater Treatment. ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Physical Completion within 45 working days after the commencement date stated in the Notice to Proceed. Time is of the essence as to each and every deadline set forth in this agreement. This provision has been specifically negotiated. ARTICLE 3. LIQUIDATED DAMAGES. CITY and the CONTRACTOR recognize that time is of the essence for this Agreement and that the CITY will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Section 1-08.8 of the Standard Specifications which may be modified by the Special Provisions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CONTRACTOR shall pay the CITY liquidated damages in the amount of $1,000 per day after the date of Physical Completion for each phase. ARTICLE 4. CONTRACT PRICE. CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Proposal, which shall include sales tax as provided in Section 1-07.2(2) of the Special Provisions. ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Section 1-09.9 of the Standard Specifications which may be modified by the Special Provisions. Applications for Payment will be processed by ENGINEER as provided in the Special Provisions _____________ Contractor Initials City of Bremerton 233-1896-173 Ostrich Bay Creek Stormwater Treatment I-44 August 2021 Contract Documents Contract CONTRACT (Page 2 of 4) ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the WORK consist of this Contract and the following attachments to this Contract: • Notice Inviting Bids, • Bidders Checklist, • Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and all required certificates and affidavits, • Performance Bond, • Payment Bond, • Standard Specifications, • Amendments to the Standard Specifications, • Special Provisions, • Appendices • Contract Plans, • Addenda numbers _____ to _____, inclusive. • Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Section 1-04.4 of the Standard Specifications which may be modified by the Special Provisions. ARTICLE 7. INDEMNIFICATION. The CONTRACTOR and CITY acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, ENGINEER, their consultants, subconsultants, and the officers, directors, employees, and agents of each and any of them, against and from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, all claims and liability arising under, by reason of, related, or incidental to the Contract Documents or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY and/or the ENGINEER as further defined in the Contract Documents. The provisions of this section shall survive the termination of the contract. _____________ Contractor Initials City of Bremerton 233-1896-173 Ostrich Bay Creek Stormwater Treatment I-45 August 2021 Contract Documents Contract CONTRACT (Page 3 of 4) ARTICLE 8. ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes. In the case of an assignment for security purposes the CITY may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers. CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be executed the day and year first above written. CITY : City of Bremerton CONTRACTOR By By [CORPORATE SEAL] Attest Attest Address for giving notices Address for giving notices License No. City of Bremerton 233-1896-173 Ostrich Bay Creek Stormwater Treatment I-46 August 2021 Contract Documents Contract CONTRACT (Page 4 of 4) Approved as to Form: Agent for service of process: (Signature) (Title) AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: September 22, 2021 Public Works Agreement with Hokkaido Drilling, Inc. for the Well 13 Rehabilitation COUNCIL MEETING Date: October 6, 2021 Department: PW&U - Engineering Presenter: Bill Davis Phone: (360) 473-2312 SUMMARY: The work includes all materials, equipment, supplies, and services necessary to redevelop Well 13. The well has experienced a reduction in production yield and the intent is to improve the efficiency of the well by rehabilitating with mechanical surge development techniques. This is the second request for bids for this project. The City received no bids the first time bids were requested. This second request for bids was sent to all Contractors listed on the MRSC Small Works Roster under Well Drilling, Development and Redevelopment. One (1) bid was received and was opened on September 9, 2021. Hokkaido Drilling, Inc was the sole responsible, responsive bidder with a total bid in the amount of $186,935.00 (which includes sales tax). ATTACHMENTS: 1. Agreement; 2. Location Map; 3. Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount): This project is included in the 2021 Water Capital Budget. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to award the construction contract for the Well 13 Rehabilitation to Hokkaido Drilling, Inc. in the amount of $186,935.00 (including sales tax) 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 A4 PUBLIC WORKS AGREEMENT – Page 1 of 9 (between City of Bremerton and Hokkaido Drilling, Inc.) PUBLIC WORKS AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporation (“City”), and Hokkaido Drilling, Inc. (“Contractor”), whose mailing address is P.O. Box 100, Graham, WA 98338. The parties agree as follows: 1.CONTRACTOR SERVICES. The Contractor shall perform the following services for the City described in the Bid Documents titled: Well 13 Rehabilitation. 2. TIME OF COMPLETION. Contractor shall complete the work within 65 calendar days from the date of issuance of the City’s Notice to Proceed. 3. COMPENSATION. The City shall pay the Contractor the total amount of $186,935.00, including Washington State Sales Tax, for the work and services contemplated in this agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City payment shall not constitute a waiver of the City’s right to final inspection and acceptance of the project. A.Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor shall provide the City a performance bond for the full contract amount to be in effect until thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B.Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. C.Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra work and materials furnished without the City’s written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. “Additional costs” shall mean all reasonable costs, including PUBLIC WORKS AGREEMENT – Page 2 of 9 (between City of Bremerton and Hokkaido Drilling, Inc.) legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL PRECLUDE ALL CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub- contractors. 5. TERMINATION. The City may terminate this agreement for good cause. “Good cause” shall include, without limitation, any one or more of the following events: A. The Contractor’s refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor’s failure to complete the work within the time specified in this agreement. C. The Contractor’s failure to make full and prompt payment to sub- contractors or for material or labor. D. The Contractor’s persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor’s filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall file a “Statement of Intent to Pay Prevailing Wages” with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate PUBLIC WORKS AGREEMENT – Page 3 of 9 (between City of Bremerton and Hokkaido Drilling, Inc.) provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. 7. CHANGES. The City may issue a written work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City’s project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor’s costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving a written work change directive or change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Contract’s protest. b. The nature and circumstances that caused the protest. c. The provisions in this agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor’s records needed for evaluating the protest. 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, PUBLIC WORKS AGREEMENT – Page 4 of 9 (between City of Bremerton and Hokkaido Drilling, Inc.) the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Contractor’s Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor’s Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written order (including directions, instructions, interpretations, and determination). 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor’s written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the City’s acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year form the PUBLIC WORKS AGREEMENT – Page 5 of 9 (between City of Bremerton and Hokkaido Drilling, Inc.) date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officer, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the City’s sole negligence. The City’s inspection or acceptance of any of Contractor’s work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR’S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, sub-consultants or sub- contractors. Before beginning work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $2,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with limits no less than $5,000,000 combined single limit per occurrence, $2,000,000 per occurrence for products/completed, and $2,000,000 per person for personal injury. Coverage shall include but not be limited to: PUBLIC WORKS AGREEMENT – Page 6 of 9 (between City of Bremerton and Hokkaido Drilling, Inc.) premises/operations, products, completed operations, independent contractors, owners, and contractors protective, explosion, collapse, underground hazard, broad form contractual, personal injury with employment exclusion deleted, and broad form property damage); and C. 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 $2,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor’s 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 Consultant'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 Consultant 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 reserves the right to receive a certified copy of all the required insurance policies. 12. MISCELLANEOUS. A. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Contractor, its subcontractors, or any person acting on behalf of Contractor shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. B. ADA Statement. The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. PUBLIC WORKS AGREEMENT – Page 7 of 9 (between City of Bremerton and Hokkaido Drilling, Inc.) C. Compliance with Laws . Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. D. Work Performed at Contractor’s Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor’s own risk, and Contractor 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. E. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect F. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. G. Attorney’s Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties’ performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney’s fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City’s right to indemnification under Section 10 of this agreement. H. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. I. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. J. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. K. Severability. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. PUBLIC WORKS AGREEMENT – Page 8 of 9 (between City of Bremerton and Hokkaido Drilling, Inc.) L. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this agreement. HOKKAIDO DRILLING, INC. THE CITY OF BREMERTON Print Name: Billy A. Dodge Print Name: Greg Wheeler Title: President Title: Mayor DATE DATE Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: Billy A. Dodge Attn: Michele Filley P.O. Box 100 345 6th Street, Suite 100 Graham, WA 98338 Bremerton, WA 98337 (253)209-5877 (360) 473-2348 (253) 847-3579 (360) 473-5200 (facsimile) APPROVED AS TO FORM: Kylie Finnell, City Attorney ATTEST: Angela Hoover, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Public Works Agreement (short form) Rev. 06 2020.DOC PREVAILING WAGES CITY OF BREMERTON BID TABULATION BOND BASE BID + CONTINGENCY SALES TAX TOTALNAME OF BIDDER OPENED BY: 9/9/2021 TIME OPENED: Well 13 Rehabilitation 3:00 PM Noreen Bolo Noreen Bolo Hokkaido Drilling, Inc.√ $171,500.00 $ 15,435.00 $186,935.00 BID TITLE: SECOND LOW BIDDER N/A THIRD LOW BIDDER N/A DATE OPENED: RECORDED BY: $134,615ENGINEER ESTIMATE (INC SALES TAX) APPARENT LOW BIDDER Hokkaido Drilling, Inc. SUMMARY AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. _____ Study Session Date: September 22, 2021 repealing Chapter 3.99 of the Bremerton Municipal Code entitled “Pendergast Regional Park Construction Fund” COUNCIL MEETING Date: October 6, 2021 Department: Legal Presenter: Brett Jette Phone: (360) 473-2345 SUMMARY: The current provisions of Chapter 3.99 of the Bremerton Municipal Code relating to the Pendergast Regional Park Construction Fund are no longer applicable because the fund has been closed. The City Council desires to repeal provisions relating to the Pendergast Regional Park Construction Fund in order to remove extraneous provisions from the Bremerton Municipal Code. ATTACHMENTS: 1) Proposed Ordinance No. _______ 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 approve Ordinance No.________ repealing Chapter 3.99 of the Bremerton Municipal Code entitled “Pendergast Regional Construction Fund.” COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A5 Page 1 of 2 City Ordinance Form BMC 3.99 Rev. 09/2021 Pendergast Regional Park Construction Fund ORDINANCE NO. ________ AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing Chapter 3.99 of the Bremerton Municipal Code entitled “Pendergast Regional Park Construction Fund.” WHEREAS, the current provisions of Chapter 3.99 of the Bremerton Municipal Code relating to the Pendergast Regional Park Construction Fund are no longer applicable because Pendergast Regional Park Construction Fund has been closed; and WHEREAS, the City Council desires to repeal provisions relating to Pendergast Regional Park Construction Fund in order to remove extraneous provisions from the Bremerton Municipal Code; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 3.99 of the Bremerton Municipal Code entitled "Pendergast Regional Park Construction Fund" is hereby repealed in its entirety as follows: Chapter 3.99 PENDERGAST REGIONAL PARK CONSTRUCTION FUND 3.99.010 CREATED. A capital projects fund to be known as the "Pendergast Regional Park Construction Fund", is hereby created for the purpose of receiving and disbursing funds as necessary for the organization, design, and construction of the City’s regional athletic facilities. 3.99.020 DEPOSITS. Monies to be deposited into this fund include all donations received relative to the regional athletic facilities project, all City and County funds allocated to the project together with interest earnings attributable to the unexpended balance of the fund. 3.99.030 DISBURSEMENTS. Monies shall be disbursed from this fund in a manner consistent with State statute and City policies for the acquisition, design and construction of the City’s regional athletic facilities, together with any necessary ancillary improvements. 3.99.040 TERMINATION. This fund shall be closed at the conclusion of the project with any remaining monies distributed to the Park Facilities Construction Fund (304). Page 2 of 2 City Ordinance Form BMC 3.99 Rev. 09/2021 Pendergast Regional Park Construction Fund PASSED by the City Council the___________ day of ____________________, 20___. _________________________________ KEVIN GORMAN, Council President Approved this ________ day of ________________________, 20___. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ _________________________________ ANGELA HOOVER, City Clerk KYLIE J. FINNELL, City Attorney PUBLISHED the ________ day of ______________________, 20__. EFFECTIVE the ________ day of ______________________, 20__. ORDINANCE NO. ________. R:\Legal\Legal\Ordinances\Finance\2021.09.09 Ordinance BMC 3.99 - FINAL.docx AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. _____ Study Session Date: September 22, 2021 amending Title 9A of the Bremerton Municipal Code entitled “Criminal Code” COUNCIL MEETING Date: October 6, 2021 Department: Legal Presenters: Gary Hersey Kylie Finnell Phone: (360) 473-2345 SUMMARY: The City Council desires to update, revise, or repeal provisions relating to domestic violence, computer trespass, fire alarm tampering, bail jumping, and solicitation in order to bring Chapters 9A.32, 9A.36, 9A.40, and 9A.44 of the Bremerton Municipal Code into compliance with updated state laws. ATTACHMENTS: 1) Proposed Ordinance No. _______ 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 approve Ordinance No.________ amending Title 9A of the Bremerton Municipal Code entitled “Criminal Code” to bring Chapters 9A.32, 9A.36, 9A.40, and 9A.44 of the Bremerton Municipal Code into compliance with updated state laws. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A6 Page 1 of 5 City Ordinance Form 2021 BMC Title 9A Update Rev. 09/2021 ORDINANCE NO. ________ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Title 9A of the Bremerton Municipal Code entitled “Criminal Code.” WHEREAS, the City Council desires to update, revise, or repeal provisions relating to domestic violence, computer trespass, fire alarm tampering, bail jumping, and solicitation in order to bring Chapters 9A.32, 9A.36, 9A.40, and 9A.44 of the Bremerton Municipal Code into compliance with updated state laws; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 9A.32.070 of the Bremerton Municipal Code entitled "Domestic Violence – State Statutes Adopted by Reference" is hereby amended to read as follows: 9A.32.070 DOMESTIC VIOLENCE - STATE STATUTES ADOPTED BY REFERENCE. Chapter 10.99 RCW, 9A.36 RCW and 26.50 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is are adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. SECTION 2. Section 9A.32.100 of the Bremerton Municipal Code entitled “Interfering with the Reporting of Domestic Violence is hereby amended to read as follows: 9A.32.100 INTERFERING WITH THE REPORTING OF DOMESTIC VIOLENCE. RCW 9A.46.1509A.36.150 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. SECTION 3. Section 9A.32.130 of the Bremerton Municipal Code entitled “Sexual Motivation” is hereby amended to read as follows: 9A.32.130 SEXUAL MOTIVATION RCW 9.94A.835, entitled "Special allegation - Sexual motivation - Procedures," is adopted by reference as currently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (1) The prosecuting attorney shall file a special allegation of sexual motivation in every criminal case when sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify a finding of sexual motivation by a reasonable and objective fact finder. Page 2 of 5 City Ordinance Form 2021 BMC Title 9A Update Rev. 09/2021 (2) In a criminal case wherein there has been a special allegation the state shall prove beyond a reasonable doubt that the accused committed the crime with a sexual motivation. The court shall make a finding of fact of whether or not a sexual motivation was present at the time of the commission of the crime, or if a jury trial is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether or not the defendant committed the crime with a sexual motivation. (3) The prosecuting attorney shall not withdraw the special allegation of sexual motivation without approval of the court through an order of dismissal of the special allegation. The court shall not dismiss this special allegation unless it finds that such an order is necessary to correct an error in the initial charging decision or unless there are evidentiary problems which make proving the special allegation doubtful. (4) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification. SECTION 4. Section 9A.32.150 of the Bremerton Municipal Code entitled “Disclosing Intimate Images” is hereby added to read as follows: 9A.32.150 DISCLOSING INTIMATE IMAGES RCW 9A.86.010, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. SECTION 5. Section 9A.36.190 of the Bremerton Municipal Code entitled “Computer Trespass in the Second Degree” is hereby amended to read as follows: 9A.36.190 COMPUTER TRESPASS IN THE SECOND DEGREE. RCW 9A.52.0809A.90.050 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. SECTION 6. Section 9A.36.200 of the Bremerton Municipal Code entitled “Computer Trespass – Commission of Other Crime” is hereby amended to read as follows: 9A.36.200 COMPUTER TRESPASS – COMMISSION OF OTHER CRIME. RCW 9A.52.1309A.90.110 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. SECTION 7. Section 9A.36.250 of the Bremerton Municipal Code entitled “Tampering with Fire Alarm or Firefighting Equipment” is hereby added to read as follows: 9A.36.250 TAMPERING WITH FIRE ALARM OR FIREFIGHTING EQUIPMENT. RCW 9.40.100 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full.” Page 3 of 5 City Ordinance Form 2021 BMC Title 9A Update Rev. 09/2021 SECTION 8. Section 9A.40.110 of the Bremerton Municipal Code entitled “Bail Jumping” is hereby amended to read as follows: 9A.40.110 BAIL JUMPING FAILURE TO APPEAR OR SURRENDER. RCW 9A.76.1709A.76.190, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. SECTION 9. Section 9A.44.130 of the Bremerton Municipal Code entitled “Unlawful Solicitation in Prohibited Roadways” is hereby repealed in its entirety as follows: 9A.44.130 UNLAWFUL SOLICITATION IN PROHIBITED ROADWAYS. (a) Purpose. The purpose of this section is to promote the City’s fundamental interest in public peace, health, and safety, by regulating acts of solicitation that occur within certain designated roadways which pose substantial risks to vehicular and pedestrian safety due to high volume traffic, limited or no parking and/or other safety factors. (b) Definitions. The following definitions apply in this section: (1) "Contact" means actual physical contact or the giving or receiving of any item from one (1) person to another. (2) "Enter" means to cross the vertical plane of the edge of a prohibited roadway with any part of a person’s body or any extension thereof. (3) "Roadway" means the portion of a street or highway within the City primarily used for vehicular travel including medians, paved shoulders and bike lanes, but does not include the curbs and sidewalks. (4) "Solicit" means: (i) Either orally or in writing, directly or by implication, to ask, beg, request or plead for employment, goods, services, financial aid, monetary gifts, or any article representing monetary value, for any purpose; (ii) Either orally or in writing, to sell or offer for immediate sale goods, services, or publications; (iii) To distribute without remuneration goods, services, or publications; or (iv) To solicit signatures on a petition or opinions for a survey. (c) Violation. A person is guilty of unlawful solicitation in prohibited roadways if he or she solicits from an occupant of any vehicle that is on a prohibited roadway, enters the prohibited roadway before, during or after the solicitation, and contacts an occupant of any vehicle on the prohibited roadway. Prohibited roadway includes the following: (1) 6th Street. (2) 11th Street. (3) Burwell Street. (4) Charleston Boulevard. (5) Kitsap Way east of State Highway 3. (6) Naval Avenue south of 11th Street. (7) Sheridan Road. Page 4 of 5 City Ordinance Form 2021 BMC Title 9A Update Rev. 09/2021 (8) Sylvan Way. (9) Warren Avenue. (10) Washington Avenue. (11) Wheaton Way. (d) Exceptions. It is not a violation under this section if the person entering a prohibited roadway: (1) Contacts a vehicle occupant when the vehicle is legally parked; (2) Is summoning aid in an emergency situation; or (3) Is a law enforcement officer in the performance of official duties. (e) Penalty. Unlawful solicitation in prohibited roadways is a misdemeanor as defined in BMC 1.12.020(2). SECTION 10. Section 9A.44.140 of the Bremerton Municipal Code entitled “Unlawful Solicitation at Designated Locations” is hereby repealed in its entirety as follows: 9A.44.140 UNLAWFUL SOLICITATION AT DESIGNATED LOCATIONS. (a) Purpose. The purpose of this section is to promote the City’s fundamental interest in public peace, health, and safety by regulating acts of solicitation that occur at locations and under circumstances specified herein which pose substantial risks to pedestrian safety, and which harm the efficient movement and personal and financial security of citizens, tourists and other pedestrians. The in-person solicitation of funds combined with the immediate receipt of that money, when directed to someone transacting business at an automated teller machine or preparing to board a bus at a bus stop, creates a risk of fraud and duress and is a public safety concern. It is the purpose of this section to protect citizens from the fear and intimidation accompanying certain kinds of solicitation while providing safe and appropriate venues for constitutionally protected activity. (b) Definitions. The following definitions apply in this section: (1) "Automated teller machine (ATM)" means a machine, other than a telephone, whether owned by a financial institution or a third party: (i) That is capable of being operated by a customer of a financial institution; (ii) By which the customer may communicate to the financial institution directly or indirectly a request to withdraw, deposit, transfer funds, make payment, or otherwise conduct financial business for the customer or for another person; and (iii) The use of which may or may not involve personnel of a financial institution. (2) "Solicit" means requesting an immediate contribution, donation or gift of money from a person or persons unknown to the solicitor. (c) Violation. A person is guilty of unlawful solicitation if he or she, in a continuous or repetitive manner, solicits and receives funds: (1) Within fifteen (15) feet of an ATM, measured from the solicitor to the nearest entrance or exit of a facility in which an ATM is enclosed or, if the machine is not enclosed in a facility, to the nearest part of the ATM; or (2) Within fifteen (15) feet of a public bus stop, measured from the solicitor to the nearest part of the bus stop bench, shelter or other structure, or if the bus stop has no bench, shelter or other structure, to the nearest sign or marking designating the area as a bus stop. Page 5 of 5 City Ordinance Form 2021 BMC Title 9A Update Rev. 09/2021 The distance between the solicitor and the ATM or the bus stop shall be measured in a straight line, without regard to intervening structures or objects. (d) Penalty. Unlawful solicitation at designated locations is a misdemeanor as defined in BMC 1.12.020(2). SECTION 11. 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 12. 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 13. 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 ____________________, 20___. _________________________________ KEVIN GORMAN, Council President Approved this ________ day of ________________________, 20___. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ _________________________________ ANGELA HOOVER, City Clerk KYLIE J. FINNELL, City Attorney PUBLISHED the ________ day of ______________________, 20__. EFFECTIVE the ________ day of ______________________, 20__. ORDINANCE NO. ________. R:\Legal\Legal\Ordinances\Legal\2021.09.09 Ordinance - Title 9A Updates (2021) - FINAL.docx AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. _____ Study Session Date: September 22, 2021 amending Chapter 9.88 of the Bremerton Municipal Code entitled “Drug Offenses” COUNCIL MEETING Date: October 6, 2021 Department: Legal Presenters: Gary Hersey Kylie Finnell Phone: (360) 473-2345 SUMMARY: The City Council desires to amend Chapter 9.88 of the Bremerton Code entitled “Drug Offenses” in order to add language related to the possession of controlled substances and counterfeit substances and further to repeal minimum penalties for possession of marijuana and drug paraphernalia. ATTACHMENTS: 1) Proposed Ordinance No. _______ 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 approve Ordinance No.________ amending Chapter 9.88 of the Bremerton Municipal Code entitled “Drug Offenses.” COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A7 Page 1 of 4 City Ordinance Form Document Reference Rev. 09/2021 ORDINANCE NO. ________ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 9.88 of the Bremerton Municipal Code entitled “Drug Offenses.” WHEREAS, the laws surrounding the possession of drugs and drug paraphernalia have been impacted by state legislation and court decisions; and WHEREAS, City Council desires to amend Chapter 9.88 of the Bremerton Code entitled “Drug Offenses” in order to add language related to the possession of controlled substances and counterfeit substances and further to repeal minimum penalties for possession of marijuana and drug paraphernalia, NOW THERFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 9.88.010 of the Bremerton Municipal Code entitled “Definitions" is hereby amended to read as follows: 9.88.010 DEFINITIONS. The following definitions are hereby adopted: (a) RCW 69.50.101 entitled "Definitions" is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (b) RCW 69.50.102 entitled "Drug paraphernalia - Definitions" is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (c) RCW 69.50.201 entitled “Enforcement of chapter – Authority to change schedules of controlled substances” is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as is set forth herein in full. (d) RCW 69.50.202 entitled “Nomenclature” is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as is set forth herein in full. (e) RCW 69.50.203 entitled “Schedule I tests” is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as is set forth herein in full. (f) RCW 69.50.204 entitled “Schedule I” is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as is set forth herein in full. (g) RCW 69.50.205 entitled “Schedule II tests” is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as is set forth herein in full. Page 2 of 4 City Ordinance Form Document Reference Rev. 09/2021 (h) RCW 69.50.206 entitled “Schedule II” is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as is set forth herein in full. (i) RCW 69.50.207 entitled “Schedule III tests” is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as is set forth herein in full. (j) RCW 69.50.208 entitled “Schedule III” is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as is set forth herein in full. (k) RCW 69.50.209 entitled “Schedule IV tests” is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as is set forth herein in full. (l) RCW 69.50.210 entitled “Schedule IV” is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as is set forth herein in full. (m) RCW 69.50.211 entitled “Schedule V” tests” is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as is set forth herein in full. (n) RCW 69.50.212 entitled “Schedule V” is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as is set forth herein in full. (o) RCW 69.50.213 entitled “Republishing of schedules” is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as is set forth herein in full. (p) RCW 69.50.214 entitled “Controlled substance analog” is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as is set forth herein in full. SECTION 2. Section 9.88.060 of the Bremerton Municipal Code entitled “Misdemeanor Violations – Minimum Penalties for Marijuana and Drug Paraphernalia” is hereby repealed in its entirety as follows: 9.88.060 MISDEMEANOR VIOLATIONS – MINIMUM PENALTIES FOR MARIJUANA AND DRUG PARAPHERNALIA. RCW 69.50.425 is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. A person who is convicted of a misdemeanor violation of BMC 9.88.020 or 9.88.040 shall be subject to punishment pursuant to RCW 69.50.425. SECTION 3. Section 9.88.080 of the Bremerton Municipal Code entitled “Counterfeit Substances” is hereby added to read as follows: 9.88.080 COUNTERFEIT SUBSTANCES. RCW 69.50.4011, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is hereby adopted by reference as currently enacted and as Page 3 of 4 City Ordinance Form Document Reference Rev. 09/2021 hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. SECTION 4. Section 9.88.090 of the Bremerton Municipal Code entitled “Possession of Controlled Substances” is hereby added to read as follows: 9.88.090 POSSESSION OF CONTROLLED SUBSTANCES. RCW 69.50.4013, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. SECTION 5. 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 6. 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 7. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the___________ day of ____________________, 20___. _________________________________ KEVIN GORMAN, Council President Approved this ________ day of ________________________, 20___. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ _________________________________ ANGELA HOOVER, City Clerk KYLIE J. FINNELL, City Attorney Page 4 of 4 City Ordinance Form Document Reference Rev. 09/2021 PUBLISHED the ________ day of ______________________, 20__. EFFECTIVE the ________ day of ______________________, 20__. ORDINANCE NO. ________. R:\Legal\Legal\Ordinances\Legal\2021.09.10 Ordinance - Chapter 9.88 - FINAL.docx Form Created 5/4/15 INFORMATION ONLY ITEM CITY OF BREMERTON CITY COUNCIL SUBJECT: Presentation on America Rescue Plan Act (ARPA) Funding Study Session Date: September 22, 2021 Presenter: Mike Riley, Financial Services Director Phone: (360) 473-5303 SUMMARY: Discussion of the potential allowable uses of the American Rescue Plan Act (ARPA) funding. The City has been awarded $10.8 million in ARPA funds that is distributed in two tranches. The city received its first tranche of $5.42 million on June 2, 2021. The second half will be delivered on June 2, 2022. The US Department of the Treasury released the interim ruling on use of funds, but still has not released the final rule which dictates the appropriate uses. The city is proposing a multi-tiered approach in the release of the funding to ensure we appropriately allocate funding for allowable programs based on federal guidance. The city is required to appropriate the funding by December 31, 2024. HANDOUTS: Power Point Presentation Pending STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation A8