poulsbo city council meeting may 15, 2019 ~ 7:00 pm a … · county commissioners are considering...

M/City Council/Council Agendas/2019

POULSBO CITY COUNCIL MEETING May 15, 2019 ~ 7:00 PM

A G E N D A

1. CALL TO ORDER

a. Pledge of Allegiance

2. AGENDA REVIEW

3. COMMENTS FROM CITIZENS* Please state your name and limit your comments to 3 minutes, unless additional time is granted by Council. As a rule, the Council will not respond to citizen comments.

4. MAYOR’S REPORTS AND COUNCIL COMMENTS 5. CONSENT AGENDA (Next Ord. 2019-10, Res. 2019-07) All matters listed within the Consent

Agenda have been distributed to each member of the City Council for reading and study, are considered to be routine and will be enacted by one motion of the Council with no separate discussion. If separate discussion is desired, that item may be removed from the Consent Agenda and placed on the regular agenda by Councilmember or citizen request.

a. April 17, 2019 Meeting Minutes Approval (Fernandez)

6. BUSINESS AGENDA Committee Reports given during associated agenda item at the Chair’s direction.

a. Kitsap Regional Coordinating Council ILA (Erickson) b. Mental Health Status Update (Hendrickson) c. PSE Night Work Request (Burgess) d. Engineering and Building Update (Lenius) e. Noll Road Improvement Project ROW Acquisition Approval (Lenius) f. Resolution No. 2019-__, PRTPO Membership Agreement and Interlocal Agreement

(Erickson and Bateman) g. Ordinance No. 2019-__, Traffic Impact Fees (Kasiniak)

7. COUNCIL COMMITTEE REPORTS 8. DEPARTMENT HEAD COMMENTS

9. BOARD & COMMISSION REPORTS 10. CONTINUED COMMENTS FROM CITIZENS*

Poulsbo City Council Agenda for May 15, 2019 (Continued)

*Council may address questions/comments made during Citizen Comments during Councilmember Comments. THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA. IN ACCORDANCE WITH COUNCIL’S RULES OF PROCEDURE, THIS MEETING IS TAPE RECORDED. IN ACCORDANCE WITH A CONTRACT WITH THE CITY OF BREMERTON, THIS MEETING IS BROADCAST LIVE, VIDEOTAPED AND RE-BROADCAST ON BREMERTON KITSAP ACCESS TELEVISION (BKAT). The City of Poulsbo strives to provide accessible meetings for people with disabilities. Please contact the Poulsbo City Clerk's office at 360.394.9880 at least 48 hours prior to the meeting if accommodations are needed for this meeting. To request an alternative format of the printed agenda, contact the City Clerk’s office at 360.394.9880. Para solicitar un formato alternativo de la agenda impresa, comuníquese con la oficina del City Clerk al 360.394.9880. It is requested that attendees limit the use of scented products (perfume, cologne, hairspray, after shave, lotion, fabric softener, etc). Fragrances can be toxic substances to some people causing respiratory or neurological disabling reactions. This requirement is consistent with the Americans with Disabilities Act for a barrier-free environments.

11. MAYOR & COUNCILMEMBER COMMENTS 12. ADJOURNMENT

M:\City Council\Forms\Agenda Summary Template-revised.docxAgenda Summary Template

PPOOUULLSSBBOO CCIITTYY CCOOUUNNCCIILL AAGGEENNDDAA SSUUMMMMAARRYY MEETING DATE:

AGENDA ITEM:

EXHIBITS:

STAFFED BY:

CATEGORY:

MAYOR OK/Initial:

SUMMARY STATEMENT:

Additional Staff Report Attached COMMITTEE RECOMMENDATION: IMPACTS: Expenditure Required? Yes No Included in Budget? Yes No

Amount: $

RECOMMENDED ACTION:

05/15/2019

Minutes of April 17, 2019 City Council Meeting

Draft Minutes

City Clerk FernandezConsent Agenda

Attached are the draft minutes of the April 17, 2019, City Council Meeting for your reviewand approval.

Approve/Approve with Modifications

SAMPLE MOTION:

Move to approve the April 17, 2019, Council meeting minutes as presented.

April 17, 2019, Council Meeting Minutes Page 1 of 11

POULSBO CITY COUNCIL MEETING OF APRIL 17, 2019

M I N U T E S

PRESENT: Mayor Erickson; Councilmembers Garland, Lord, McGinty, Musgrove, Nystul,

Stern, Thomas.

Staff: City Clerk Fernandez, Office Clerk Rodgers, Planning Director Boughton,

Public Works Superintendent Lund, Public Works Assistant Superintendent

Svarthumle, Parks & Recreation Director McCluskey, IT Senior Technician

Williamson.

MAJOR BUSINESS ITEMS

* * * Budget Amendment/BA#19-0201 Laserfiche Cloud Hosting

* * * Finn Hill Shared Use Path Project PSE Illumination Contract

* * * Special Event: Downtown Poulsbo’s Viking City Car Show

* * * Executive Office Discussion

* * * Telemetry Project Update and Presentation

* * * Interim Regulations on High Risk Secured Facilities

1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE

Mayor Erickson called the meeting to order in the Council Chambers at 7:00 p.m. and led

the Pledge of Allegiance.

2. AGENDA APPROVAL

Mayor Erickson stated that there was a new business item added to the published

agenda, the Interim Regulations on High Risk Secured Facilities, which will be first

business item on the agenda.

Motion: Move to approve the agenda as presented and amended.

Action: Approve, Moved by Stern, Seconded by Nystul.

Motion carried.

3. COMMENTS FROM CITIZENS

Mayor Erickson asked for citizen comments; no comments were received.

4. MAYOR’S REPORT AND COUNCIL COMMENTS


Councilmember Stern announced that two of the college banners will go up in front of

City Hall, there are two upcoming youth programs: the first event is the 4th annual Coder

Dojo Program on Saturday, May 11th at the Poulsbo Olympic College/Western

Washington University Campus and the second event is a Cyber Security Summer Camp

at Western Washington University.

Councilmember Nystul attended the Highway 305 Working Group, and they have

identified several projects to mitigate the traffic issues. The first project is led by the City

of Poulsbo: the roundabout at Johnson Rd/Noll Rd. There are several challenges that will

need to be overcome: there are three fish streams that need to be addressed, along with

Agate Pass bridge, which will cost $80-100+ million to fix. The problem in Poulsbo are

left turns on Hwy 305, which are problematic and hazardous maneuvers. The projects are

moving along, and prioritized, but the roundabout at the Casino is not quite funded.

Councilmember Thomas stated that Poulsbo’s American Legion Post 245 is converting

the current 3-stall parking lot at American Legion Park into veteran’s honor plaza; work

and fundraising has been done, and they ready to build it this spring and summer. If

someone would like to purchase an engraved brick with a veteran family member’s

name, rank, and service, you can find more info on Facebook and search for “American

Legion Post 245.”

Councilmember Lord announced a workshop on Saturday, April 20th for people who are

interested in running for office. The workshop is from 11:00 to 12:30 in the Council

Chambers. Mayor Erickson added the filing week is May 13-17.

Mayor Erickson announced the Easter Egg Hunt at Raab Park on April 20 at 1:00 p.m. and

the Lions Club Fishing Derby on April 27 at 7:00 a.m.

Councilmember Musgrove gave his condolences to the Norte Dame fire. He announced

Earth Day is coming up; the County is putting on a septic system seminar; and the

County Commissioners are considering changes to the Community Development Block

Grants and asked if Poulsbo had anything they are putting up for RFP on May 1. Mayor

Erickson said Poulsbo does not.

Councilmember Garland will be chasing eggs and fish with her kids over the next couple

weekends. She thanked Parks & Recreation Director McCluskey for the great

programming.

Councilmember McGinty mentioned Councilmember Thomas, Mayor Erickson, and

Councilmember McGinty attended the Marine Historical Society ribbon cutting last

weekend, and the Mayor and Isabel Haskins cut the ribbon together.

Mayor Erickson reminded everyone that Forest Rock Hill construction starts at the

beginning of May. We’re going into construction season, and we’re getting requests for


proposals/bids for Finn Hill in June, and they will need to complete that one before

school starts because of Vinland Elementary. Johnson Parkway construction will also start

soon because they must build the road before they start on the roundabout, and there

will be about two and half years of intensive road construction.

Councilmember Garland asked if the work currently being done on Finn Hill Road is part

of the Finn Hill Project. Public Works Superintendent said that work is a WSDOT project

where they were paving the onramps and bringing the sidewalks up to code.

5. CONSENT AGENDA

Motion: Move to approve Consent Agenda items a and b.

The items listed are:

a. Budget Amendment/BA#19-0201 Laserfiche Cloud Hosting b. Finn Hill Shared Use Path Project PSE Illumination Contract

Action: Approve, Moved by Lord, Seconded by McGinty.

Motion carried.

6. BUSINESS AGENDA

a. Interim Regulations on High Risk Secured Facilities

Director of Planning and Economic Development (PED) Boughton presented the

agenda summary, noting the City of Poulsbo conducted a review of the City’s

development regulations addressing facilities that would house multiple sexually

violent predators (SVPs). These individuals have been found by the Superior Court to

be eligible for placement in a less restrictive alternative (LRA) to total confinement.

The review found that existing City development regulations did not define LRA

facilities or mitigate their land use and life safety impacts. To mitigate land use and

life safety impacts, and interim ordinance was developed to define a new land use

(High-Risk Secured Facility, establish a permit and review process (Conditional Use

Permit in Light Industrial (LI) zoning districts)), address building code and life safety

requirements, and outline facility siting requirements consistent with state law.

Councilmember Lord commented that she has attended many meetings of the ad-

hoc group. She thanked the Mayor for taking this on because we had no regulations;

they talked about it at Economic Development and Public Safety Legal Committee


meetings. This is exactly what she wanted to have happen to protect the citizens of

Poulsbo.

Councilmember Musgrove asked if this was a moratorium or temporary regulations

which give the City the opportunity to create regulations. PED Director Boughton

noted that this not a moratorium, and under state law, we are prohibited from

prohibiting this use, and currently the City has no regulation for them. The City is

considering them an institutional use and identifying them in the Use Chapter [of the

Poulsbo Municipal Code] and for Light Industrial.

Councilmember Stern asked if this is not an emergency, what is this being referred to

as. PED Director Boughton clarified that is an emergency interim ordinance, not a

moratorium.

Councilmember McGinty asked if they have 60 days to define what the regulations

would be. PED Director Boughton explained that they 60 days to hold a public

hearing, the regulations are defined in the interim ordinance.

Mayor Erickson noted that SVP, or sexually violent predator, is a legal definition.

There are sexual predators who are deemed Level 3 and they have served their terms.

Some of them are categorized as sexually violent predators, and they are civilly

committed. The state has been civilly committing them and the ACLU and several

others said these people cannot be locked up indefinitely and there must be a less

restrictive alternative, which has to be total confinement, effectively meaning these

are level 4 [sexual predators]. The less restrictive alternative was deemed by the state

to be in our communities. We cannot tell them no according to state law, but we can

restrict them.

PED Director Boughton stated that the community group is hoping to talk to some

local legislators into restructuring state law. It is apparent that the way it is being set

up by the state agency is not taking local community and compatibility into

consideration.

Councilmember McGinty asked if this sets some interim development regulations,

which they wouldn’t be able to do that without going through the normal hearings,

so this sets it in place instead of going through the whole process. PED Director

Boughton explained there is a provision in the City’s Growth Management Act, which

allows for declaring emergencies for interim regulations.


In response to Councilmember Lord, Mayor Erickson said these people have served

their sentences, but they’re categorized as unrehabilitated.

Councilmember Garland thanked the Mayor and PED Director Boughton for doing

this for the safety of our community.

Motion: Move to approve Ordinance No. 2019-07, and ordinance of the City of

Poulsbo, Washington, adopting interim development regulations and findings in

support thereof; amending chapters 18.40.030 and 18.90 of the Poulsbo Municipal

Code in order to adopt interim regulations related to high risk secured facilities;

providing for the public hearing on the interim regulation, providing for interim

regulation to be in effect for a period of six months or until a permanent regulation is

adopted; providing for severability; declaring an emergency and establishing an

immediate effective date.

Action: Approve, Moved by Garland, Seconded by Lord.

Motion carried.

PED Director Boughton noted that June 5, 2019 is the public hearing date.

b. Special Event: Downtown Poulsbo’s Viking City Car Show

Parks & Recreation Director McCluskey presented the agenda summary, noting the

sponsor is Historic Downtown Poulsbo Association, the event showcase about 85

cares, parking at stalls along the SE row of Front Street and north up Jensen Way to

Iverson, and west parking stalls next to the park on Saturday, September 7, 2019

from 9:00 am to 3:00 pm. They expect 1000 participants. The event benefits the SEA

Discovery Center.

Motion: Move to approve the Special Event application for the Downtown Poulsbo’s

Viking City Car Show as presented.

Action: Approve, Moved by Lord, Seconded by Garland.

Motion carried.

c. Executive Office Discussion

The Finance-Administration Committee presented the agenda summary, showing the

work they have been doing to the full Council during this discussion, which included

a draft timeline and a job description of a City Administrator.


Councilmember Thomas stated that over time the duties of Mayor have increased.

It’s difficult to administer the City when the Mayor has so many responsibilities out of

the City. The committee is looking at the concept to create a City Administrator

position, where this person would be chief of staff and operations manager for the

City, which would be under the Executive office of the Mayor. A City Administrator

brings in professional help to the Mayor’s office to help run the City. They wanted to

get this information out as soon as possible because they don’t want this to be seen

as a political maneuver to undercut a candidate running for Mayor.

If the committee gets Council concurrence, their next step is to go to Department

Heads to get some input from them, because they want to know how it would that

effect operations for them. In November, they’d like to gather public comment and

draft a non-binding resolution of intent, so it’s fair warning by letting people know in

advance that this is an option that could come to pass.

In the Summer 2020, the beginning of the next budget cycle, the Council would need

to set aside money for the position. In February 2021, the Council would complete

the review, and then the City would commit, and vote. The next step would be to

search and hire a City Administrator a few months before the new Mayor is elected,

so you don’t have a new Mayor and City Administrator at the same time, which gives

a little overlap time. Currently, these are all ideas, and any of it can be changed.

Councilmember Stern repeated from the Finance Committee that they’re intending

to recommend this proposal after the election in November; the Council has five

seats up for this election cycle, and two are intended to be vacant. Sometime

between the November election and the Thanksgiving holiday they want to have a

special retreat of the Council, along with those who have been elected to office, to

share in this question, along with the state of the City, and also do an orientation for

newly elected.

Councilmember Lord asked how the committee envisioned the separations of

powers. She would like some generalized ideas of how those duties are divided.

Councilmember Stern explained that they’re using what’s in the RCW and PMC. He

said to think of the City Administrator as an assistant to the Mayor, and the Mayor’s

position would become part-time. The City Administrator would take on the day-to-

day activities, defined by the Council with the Mayor working and instructing the City

Administrator. The ability of the Council to participate in the interview process, with

the Mayor’s permission requires the Council not write the job description, though.

Mayor Erickson clarified that the [City Administrator] position is not an assistant

position to the Mayor – it’s a super department head; a department head who guides

all the other department heads. They take over the of day-to-day operations and

making sure “the wheels stay on the bus.” Her understanding is that you can’t put the


specific responsibilities of the position into the Code if the Council wants to help with

the hiring process. Her assumption is [the City would] hire this person like they hired

the Police Chief. The City Administrator would work for Mayor, just like all other

department heads, it’s just a super department head.

Councilmember Lord stated that she still needs a little more clarification, as she’s not

quite sure what the Mayor would do.

Mayor Erickson explained that she has many tasks: 1) day-to-day, managing staff; 2)

another position that is public outreach and regional committees, to chairing

committees, and those positions have done by an elected official; and 3) she’s

leaning heavily on the City Clerk as a secretary/assistant, which most Mayors have an

assistant or secretary. The City Administrator would do the day-to-day managing of

staff.

Councilmember Lord responded that she understands that there are certain positions

that only a Mayor can do, so she appreciated the explanation. She asked what would

happen if the City Administrator leaves. Mayor Erickson said they would hire a new

City Administrator.

Councilmember McGinty understands that they can make a job description, just can’t

put it into an ordinance if they want to be involved in the hiring process.

Councilmember Musgrove asked if they can lay out the job description if they don’t

involve ourselves in the actual hiring process? Or conversely, they can be involved in

the hiring process but with no authority if we don’t write the job description. Mayor

Erickson notified that it can’t be codified if they want to be part of the hiring process.

Councilmember Thomas stated the two options are 1) if they put it into ordinance, it

becomes the Mayor’s hire only; or 2) if we put the job description into a contract, the

Council can help with hiring process.

Councilmember Musgrove thinks it would be appropriate at this time if the Council

has job descriptions of both the Mayor and City Administrator developed on at least

some basic format. Councilmember Thomas pointed out there is a preliminary job

description in the packet.

Councilmember Nystul noted that he’s been through the process of converting from

Mayor/Council form to Council/Manager form. He has two concerns: 1) timing,

because an administrator gets an employment contract with a severance clause. He

asked the Council to think hiring the administrator after the new Mayor has been

sworn in; 2) he doesn’t think it’s necessary to hire a “head hunting firm”.


Councilmember Garland agrees with Councilmember Nystul about the timing of

administrator hire. She thinks it’s important for new Mayor to pick their new

employee.

Councilmember Thomas understands the Councilmembers’ concerns. When elected,

the new Mayor does not get to fire the Police Chief, etc. The Administrator is a city

employee, and not a political candidate. They’re worried about the transition period,

so there are not two brand new people at the same time.

Councilmember Musgrove asked to quorum next FAC meeting. He wants to slot time

for City Administrator discussion.

Councilmember Stern stated that the committee wanted to continue to commit to

keep the Council informed; they’re looking for a head nod consensus to proceed.

Councilmember Musgrove asked if they are looking for consensus to continue

investigation or consensus to move forward with the intent to do this.

Councilmember Stern stated that they’re looking forward to proceeding with the

timeline as it right now presented.

Councilmember Musgrove confirmed they are looking for consensus to approve of

moving to City Administrator and proceed with the process. Councilmember Stern

said they’re looking to proceed to the dates noted on the timeline; November 2019

would be a bit of a milestone, as would the summer of 2020. They are not making

any commitment at this point. This is to assure the Council that the FAC is operating

with transparency.

Councilmember Musgrove asked if they are looking for consensus to continue

investigating this path. He has a general feeling of “let’s keep looking at this.” He

sees a lot of holes in the current timeline. Councilmember Stern explained that the

holes in the timeline are proof that they’re not getting ahead of the Council as a

whole. The FAC is trying to operate as a committee of the whole.

Councilmember Lord also sees missing things; they will be revealed as they keep

exploring. Department heads need to be very frank and express their fears because

there might be the feeling that they’re working for two bosses. She appreciates the

FAC’s approach.

Councilmember McGinty stated that accountability and responsibility need to be

clearly defined.

Mayor Erickson noted that sometimes people forget who they’re serving: the citizens

of Poulsbo. Every person working for the City of Poulsbo is working for the 11,000

people that live here.


Councilmember McGinty stated that when priorities are set, they need to know who

has the final say.

Mayor Erickson pointed out that the important date is November 2019 after the next

election, when they have the new Council and go into retreat, they have job

descriptions, and the Council (as a whole) can make a determination of whether they

want to go forward on this path.

Councilmember Stern noted that Saturday, November 16 has been set aside for the

Council Retreat. They’re trying to increase citizen participation.

Mayor Erickson stated that they will have real citizen comment as we get close on

these timelines on this decision.

d. Telemetry Project Update/Presentation

Public Works Assistant Superintendent Svarthumle presented the agenda summary,

noting the Telemetry Upgrade Project is now complete and working great. He gave a

brief presentation of the system, noting the benefits and impacts. The presentation

was given to the Public Works Committee on March 27, 2019.

Councilmember Musgrove said this is all about data. They are getting data that tells

them right where the problem is and alerts them prior to problems happening.

Councilmember Thomas asked about the system’s security because it can be

operated remotely. Public Works Assistant Superintendent Svarthumle said the

Master Telemetry Unit (MTU) at the shop is tethered to an iControl program which is

managed by Primex. Primex has multi-level security systems to protect the system

and have guaranteed they haven’t had any issues and don’t expect any.

Councilmember Lord asked about personnel redundancy. Public Works Assistant

Superintendent Svarthumle said he has several employees who are trained on the

system.

7. COUNCIL COMMITTEE REPORTS

Economic Development Committee: Councilmember Lord reported on last week’s special

meeting. They continued discussion on the Commercial One (C-1) Zone (development

standards within the zone, focusing on allowed uses and impacts on use capability in a

changing market, as well fire protection for mixed-use or convertible uses). They


discussed the American Disabilities Act, ingress and egress associated with that, and how

there are a lot of unintended consequences when you change uses. They also had a

discussion on traffic impact fees. They need to have a full Council workshop to discuss

the C-1 Zone and if they want to make any modifications.

8. DEPARTMENT HEAD COMMENTS

Public Works Superintendent Lund mentioned they are doing upgrades at the

Caldart/Lincoln intersection, the requote with flashing yellows is under $5,000. He

discussed a unique opportunity to purchase a used backhoe on Bainbridge Island (very

few hours for half price). He asked to get consensus to proceed with a budget

amendment and to continue negotiations with the seller. The Council concurred with

moving forward with the process.

9. BOARD/COMMISSION REPORTS

Councilmember Nystul attended the NKSD Facilities Advisory Committee Meeting. There

is a citizen group that looks at the projects for spending from the capital bond, it’s about

$5MM for this year. While the money is being well-spent, there is a greater need to

continue.

Councilmember Thomas attended the April 11 NKSD Board Meeting. After the business

meeting they reconvened at NKHS and received a presentation by the principal. He

reported on the demographic overview, and the low-income students is about 23%,

which indicates some of the challenges our students face. The number of English learners

has increased, which is a new challenge. The graduation rates have improved over the

past five years, which has gone from the high 80’s to low 90’s from 2013 to 2018. The

school is offering study sessions for every student after hours, which is worth applauding.

10. CONTINUED COMMENTS FROM CITIZENS

Mayor Erickson asked for citizen comments; no comments were received.

11. MAYOR & COUNCILMEMBER COMMENTS

Councilmember Thomas wished everyone a Happy Easter.

Councilmember Lord wants everyone to stay safe this weekend.

Mayor Erickson stated, “Happy Easter.”

Councilmember Musgrove discussed the Highway 305 Open House last week; overall, he

found that the public response is that they’re curious about what’s going on.


Councilmember Garland wished everyone a “Happy Easter”.

Councilmember McGinty, “Happy Easter.”

12. ADJOURNMENT

Motion: Move to adjourn at 8:56 p.m.,

Action: Approve, Moved by McGinty, Seconded by Stern.

Motion carried unanimously.

Rebecca Erickson, Mayor

ATTEST:

Rhiannon Fernandez, CMC, City Clerk


PPOOUULLSSBBOO CCIITTYY CCOOUUNNCCIILL AAGGEENNDDAA SSUUMMMMAARRYY MEETING DATE:

AGENDA ITEM:

EXHIBITS:

STAFFED BY:

CATEGORY:

MAYOR OK/Initial:

SUMMARY STATEMENT:

Additional Staff Report Attached COMMITTEE RECOMMENDATION: IMPACTS: Expenditure Required? Yes No Included in Budget? Yes No

Amount: $

RECOMMENDED ACTION:

05/15/2019

Kitsap Regional Coordinating Council ILA

Red-line agreement and clean copy

Mayor EricksonBusiness Agenda

Mayor Erickson will present the interlocal agreement (ILA) with Kitsap RegionalCoordinating Council (KRCC). A red-line copy of the agreement has been provided tohighlight the changes that were proposed by KRCC.

Committee Not Applicable

✔ ✔

Approve the agreement.

SAMPLE MOTION:

Move to approve the interlocal agreement with Kitsap Regional Coordinating Counciland authorize the Mayor to sign the agreement.

20192 Amendments 1

KITSAP REGIONAL COORDINATING COUNCIL

INTERLOCAL AGREEMENT

THIS AGREEMENT is made and entered into by and between the undersigned parties

pursuant to provisions of the Interlocal Cooperation Act of 1967, Chapter 39.34 RCW. WHEREAS, the undersigned members recognize the need and desirability to participate

in a forum for intergovernmental coordination, cooperation, and consultation among member agencies in order to bring about a continuous and comprehensive regional planning process and efficient service delivery; and

WHEREAS, the undersigned members desire jointly to undertake continuous, cooperative study and planning of regional and governmental issues of mutual interest, including but not limited to development, land use, housing, capital facilities, service, utilities, finances, public buildings, water supply, water distribution and drainage, air and water pollution, parks and recreation, transportation planning, and economic development; and

WHEREAS, it is the belief of the undersigned members that regional deliberations,

planning, and review can best be achieved with the creation of a separate legal entity whose function and activities are subject to policy direction from the undersigned member agencies according to the provisions of this Agreement; and

WHEREAS, the State Growth Management Act (GMA) requires local jurisdictions to coordinate and ensure consistency when developing comprehensive land use plans and the undersigned members desire to establish the Kitsap Regional Coordinating Council as a separate legal entity to facilitate coordination and consistency of comprehensive land use plans as required by the GMA; and

WHEREAS, the undersigned members desire to use the Kitsap Regional Coordinating Council for developing County-wide Planning Policies (CPPs) under the GMA as a framework to guide Kitsap County and cities situated within the County in developing their comprehensive land use plans.

THEREFORE, in consideration of mutual promises and covenants herein it is hereby agreed:

I. NAME

This Agreement establishes the KITSAP REGIONAL COORDINATING COUNCIL (“Council”), a separate legal entity since 2001.

II. DURATION

The Agreement shall remain in force and effect perpetually or until terminated by majority vote of the member agencies.

Kitsap Regional Coordinating Council

20192 Amendments 2

III. DEFINITIONS

For the purpose of this Interlocal Agreement, the following terms have the meaning prescribed to them in this section unless the context of their use dictates otherwise:

A. “Member agency” means a voting and dues paying municipal or other government entity located within Kitsap County which is a party to this Agreement.

B. “State” means the State of Washington. C. “Region” means the territory physically lying within the boundaries of Kitsap

County. D. “Kitsap Regional Coordinating Council” or “Council” means the separate legal

entity established by this Agreement to represent member agencies to carry out those powers and managerial and administrative responsibilities delegated pursuant to the provisions of this Agreement.

E. “Majority vote” means more than one-half of the votes cast when a quorum is

present and must include a majority of votes from County commissioners and a majority of votes from the representatives of at least two separate cities.

EF. “Executive Board” shall mean the representatives of member agencies of the

Kitsap Regional Coordinating Council identified in Article IV.B. of this Agreement. FG. “Cost Allocation” means annual dues (the annual allocation among Member

agencies of the cost of Council operations determined by the Executive Board for the purposes of calculating members’ obligations to contribute to the funding of Council operations for the year, and for the purposes of calculating obligations and distributions in the event of withdrawal or termination).

GH. “Ex Officio Member” means a non-voting, non-dues paying member of the

Council that is not a party to this Agreement. I. “Two-thirds majority vote” means a majority vote and also requires a majority of

votes from County commissioners and a majority of votes from the representatives from at least two separate cities.

HJ. “Associate Member” means a non-voting, dues paying member of the Council which that is not a party to this Agreement and who enters into a separate agreement with the Council that establishes the Associate Member’s level of participation in Council activities.

20192 Amendments 3

IV. MEMBERSHIP AND REPRESENTATION

A. Membership. Membership (except for Associate Members and Ex Officio Members) is established by execution of this Agreement and payment of any required cost allocation as established by the Executive Board. New Members may be added through an ILA Amendment.

B. Executive Board. The Executive Board is comprised of the following representatives of member agencies:

1. County Government: three (3) members of the Kitsap County Board of Commissioners;

2. City Governments:

a. The Mayor of each city having a population of 10,000 persons or

less; b. The Mayor and one (1) member of the City Council of each city

having a population between 10,001 persons and 30,000 persons; c. The Mayor and two (2) members of the City Council of each city

having a population greater than 30,000 persons;

d. A city with a Council/Manager form of government may select one (1) member of the City Council instead of a Mayor. The number of additional City Council members representing the city shall be as described in 2(a-c) above.

e. Population will be determined by the most recent annual population estimate of cities and towns prepared by the Washington State Office of Financial Management.

3. Port of Bremerton: one (1) representative consisting of a Port Commissioner.

4. Kitsap Transit: one (1) representative consisting of a member selected by the Kitsap Transit Board of Commissioners.

5. City Council, Kitsap Transit and Port of Bremerton representatives may be

selected by whatever means established by each specific member agency for a two (2) year term.

C. The determination of the population of cities will be the most recent annual population estimate of cities and towns prepared by the Washington State Office of Financial Management.

D. New membership. A municipal or government entity or a federally recognized Indian Tribe that desires to become an Ex Officio Mmember or an Associate Member of the

20192 Amendments 4

Council must obtain permission to do so by majority vote of the Executive Board. The required permission applies to any entity that wishes to become a Member or Ex Officio Member. Associate Members A municipal or government entity or a federally recognized Indian tribe that wishes to become an Associate Member must obtain permission to do so by a majority vote of the Executive Board, and must also present a draft agreement for the Executive Board’s consideration, establishing the proposed terms, duties, powers and privileges for Associate Member status.

V. POWER, AUTHORITY, AND PURPOSE

This Agreement does not confer additional substantive powers or authorities on member

agencies. The powers and authorities conferred herein are limited to the powers that each member agency is authorized by law to perform. The Council has the following power, authority, and purpose:

A. Provide a regional forum for regional deliberations and cooperative decision-making by the region’s elected officials in order to bring about a continuous and comprehensive planning process, and foster cooperation and mediate differences among governments throughout the region.

B. Consistent with the GMA, coordinate and ensure consistency when developing

comprehensive land use plans. C. Consistent with the GMA, develop CPPs to be used as a framework to guide the

County and the Cities in developing their comprehensive land use plans; D. Coordinate actions to provide for the distribution of state and federal grant funds,

including but not limited to federal transportation funding, community development block grants, and low-income housing grants.

E. Undertake continuous, cooperative study and planning of regional and

governmental problems of mutual interest, including but not limited to development, land use, housing, capital facilities, services, utilities, finances, public buildings, water supply, water distribution and drainage, air and water pollution, parks and recreation and transportation planning.

F. Coordinate actions to provide for a sustainable economy and environment for the

region. G. Carry out such other planning and coordinating activities authorized by majority

vote of the Council including participation in other forums and organizations. H. Establish Bylaws, to be amended from time to time, that govern the procedures of

the Council. The Bylaws, as may be amended, are incorporated into this Agreement by this reference as if fully set forth herein.

I. Contract for administrative services and enter into other agreements as deemed appropriate and/or necessary to implement this Agreement.

20192 Amendments 5

J. Purchase, receive, lease, take by gift, or otherwise acquire, own, hold, improve,

use and otherwise deal in and with real or personal property, or any interest therein, in the name of the Council.

K. Sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose

of its property and assets. L. Sue and be sued, complain and defend, in all courts of competent jurisdiction in

the Council’s name.

M To engage in any other activity necessary to further the Council goals and purposes to the extent authorized by chapter 39.34 RCW.

N. Apply for such federal, state, or private funding of any nature as may become

available to assist the organization in carrying out its purposes and functions. O. Identify and examine issues such as governance, growth policies, development

standards, service provision, revenue-cost sharing and municipal annexations in urban growth areas.

P. Strive to represent the consensus of views on growth management and planning

issues among member agencies. The Council makes recommendations on behalf of those jurisdictions to multi-county regional agencies and State government on behalf of member agencies, on proposed changes to multi-county regional plans, state plans and laws.

Q. Represent the views or position of member agencies within the County on issues

of consistency or the resolution of conflicts related to the multi-county regional growth strategy and transportation plan.

R. Make appointments to committees and boards of multi-county regional

organizations (e.g. Puget Sound Regional Council, Peninsula Regional Transportation Planning Organization) where appointments are requested to represent more than one member agency of the Council. Members appointed to such committees and boards shall represent the consensus of the views of the Council. If consensus is not reached on a particular issue, the members appointed to such committees and boards shall represent the majority and minority views of the Council, in order to accurately portray the status of discussions on that issue.

S. Review this Interlocal Agreement no fewer than every 10 years with the

assistance of legal counsel.

VI. FINANCING

A. Cost Allocation. All members shall pay the annual cost allocation as described in the Bylaws. If payment by a member is not paid timely after notice of the cost allocation is received, the member is subject to having its membership status revoked by majority vote of the Executive Board.

20192 Amendments 6

B. Local Government Accounting. All services and transfers of property to the Kitsap Regional Coordinating Council shall be paid and accounted for in accordance with RCW 43.09.210.

VII. FISCAL YEAR AND BUDGET

A. The Fiscal Year. The fiscal year shall coincide with the calendar year. B. Adoption of Budget. By September of each year the Executive Board shall adopt

a draft annual work program, budget, and cost allocation for the ensuing fiscal year that identifies anticipated activities, goals, revenues, and expenditures for completing the work program. The final work program, budget, and cost allocation for the ensuing year shall be adopted by the Executive Board no later than November of each year. No increase or decrease to the final budget shall occur without the approval of the Executive Board.

C. Notice of Budget. On or before September 30, the Executive Board shall provide

written notice of the ensuing year’s draft budget, work plan, and cost allocation to the designated representative(s) of each member agency. On or before November 30, the Executive Board shall provide written notice of the final budget, work plan, and cost allocation adopted for the ensuing fiscal year to the designated representative(s) of each member agency.

D. Accounting, Budgeting, and Reporting. The Council shall be subject to the

Budgeting Accounting & Reporting System (BARS) applicable to Category 1 local governments.

E. Fiscal Agent. The Council may retain a fiscal agent. The fiscal agent may be a member agency who shall serve and be subject to removal, pursuant to the terms and conditions as established by agreement between the fiscal agent and the Council.

F. Contracting. All contracts made by or on behalf of the Council shall be in

accordance with state law, including, but not limited to: Chapter 39.04 RCW, and Chapter 42.23 RCW, and Chapter 42.24 RCW.

VIII. WITHDRAWAL FROM AGREEMENT

Any member agency has the right to withdraw from this Interlocal Agreement by giving the Executive Board six (6) months prior written notice. Unless otherwise provided by future agreement, any member agency that withdraws shall remain responsible for its financial and other obligations with regard to Council activities until the effective date of withdrawal and with regard to agreements to which the Council is a party and which exist at the time of such notice of withdrawal. Withdrawal by one member agency to this Interlocal Agreement shall not terminate the Agreement as to any other remaining member agencies. Except as provided in Article IX of this Agreement, any member agency that withdraws from this Agreement forfeits any rights it may have to the Council’s assets; provided, however, such forfeiture shall not take effect if the Council dissolves within one (1) year of the date of the withdrawal notice.

IX. DISPOSAL OF ASSETS

20192 Amendments 7

Upon dissolution of the Council, any Council assets, after payment of all liabilities, costs, expenses, and charges validly incurred under this Agreement, shall be distributed to member agencies which are members of the Council on the date of dissolution. Distribution of assets shall be in proportion to the funding formula for cost allocation as described in the Bylaws, in accordance with Article VI.B. of the Agreement, and existing at the time of dissolution. The debts, liabilities, and obligations of the Council shall not constitute a debt, liability, or obligation of any member agency. If assets cannot reasonably be distributed in proportion to the funding formula, the Council shall declare the assets to be surplus, and shall offer the assets for sale according to the requirements of chapter 43.19 RCW, and shall distribute the proceeds from the sale in proportion to the funding formula established by the Executive Board in accordance with Article VI.B. of this Agreement.

X. LIABILITY AND INSURANCE

A. Any loss or liability to third parties resulting from negligent acts, errors, or omissions of the Council, Member agencies (excluding Associate Members), Ex Officio Members, and/or employees while acting within the scope of their authority under this Agreement shall be borne by the Council exclusively, and the Council shall defend such parties, at its cost, upon request by the member agency, ex officio agency, and/or employee.

B. The Executive Board shall obtain commercial general liability, and auto liability

insurance coverage for the Council, Executive Board, and any staff employed by the Council, at levels no less than $1 million single occurrence and $2 million aggregate for each type of liability that is insured. The policy shall name each member agency, and their respective elected officials, officers, agents, and employees as additional insured’s. The Executive Board shall annually evaluate the adequacy of the Council’s insurance coverage.

C. The Executive Board shall require that all contractors and subcontractors utilized

by the Council obtain insurance coverage consistent with Article X.B.

XI. LEGAL REPRESENTATION

The Council may retain legal counsel. Legal counsel may be an employee of a member agency, an outside entity, or an individual. In the event of a conflict of interest, the Council may retain substitute or additional legal counsel. Additionally, Council may retain outside legal counsel concerning any matter the Council deems appropriate. Retained counsel shall serve, and be subject to removal, pursuant to the terms and conditions established by agreement between legal counsel and the Council. An adjustment in cost allocation to Members will be made if the Council retains outside legal counsel.

XII. ENTIRE AGREEMENT

This Agreement supersedes all previous Kitsap Regional Coordinating Council interlocal

agreements and all prior discussions, representations, contracts, and/or agreements between the parties relating to the subject matter of this Agreement and constitutes the entire contract between the parties.

XIII. MODIFICATION

20192 Amendments 8

Except as provided by Article XIX, the terms of this Agreement shall not be altered or

modified unless agreed to in writing by all member agencies and such writing shall be executed with the same formalities as are required for the execution of this document.

XIV. WAIVER

The failure of any party to insist upon strict performance of any of the terms and

conditions of this Agreement shall not be construed to be a waiver or relinquishment of same, but the same shall be and remain in full force and effect.

XV. NOTICE

Except as provided in Article XVIII of this Agreement, any notice required by this Agreement shall be made in writing to the representative(s) identified in Article IV.B. of this Agreement. Notice is effective on the third day following deposit with the U.S. Postal Service, regular mail.

XVI. SEVERABILITY

If any of the provisions of this Agreement are held illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

XVII. CHOICE OF LAW AND VENUE

This Agreement shall be governed by the laws of the State of Washington, both as to its interpretation and performance. Any action at law, suit in equity, or other judicial proceeding arising in connection with this Agreement may be instituted and maintained only in a court of competent jurisdiction in Kitsap County, Washington.

XVIII. CLAIMS

A. Any claim for damages made under chapter 4.96 RCW shall be filed with the

Chair of the Kitsap Regional Coordinating Council, c/o the Clerk of the Kitsap County Board of Commissioners, 614 Division Street, MS-4, Port Orchard, Washington, 98366.

B. Upon receipt of a claim for damages, or any other claim, a copy of the claim will

be provided by the Clerk of the Board to each member of the Executive Board.

XIX. EXECUTION AND FILING

A. Counterparts. The parties agree that there shall be multiple original signature pages of this Agreement distributed for signature by the necessary officials of the parties. Upon execution, the executed original signature pages of this Agreement shall be returned to the Clerk of the Kitsap County Board of Commissioners, who shall file an executed original of this Agreement with the Kitsap County Auditor. The Clerk of the Board shall distribute duplicate conformed copies of the Agreement to each of the parties. Parties that sign on as Members at a later date will provide original signature pages of this Agreement to the Clerk of the Kitsap

20192 Amendments 9

County Board of Commissioners, who shall file the signature pages provided with the Kitsap County Auditor. The Clerk of the Board shall distribute duplicate conformed copies of the signature pages filed later, to each of the parties. Addition of parties at a later date will not constitute a modification under Section XIII of this Agreement.

B. Later Approval and Filing. Later approval and filing of this Agreement by

additional parties as set forth in Article IV, Section D, shall be deemed an authorized amendment to the Agreement already on file with the Kitsap County Auditor, without the need for reconsideration and approval by parties that have already approved and executed the Agreement.

XX. EFFECTIVE DATE

This Agreement shall go into effect among and between the parties upon its execution by

all of the parties, as evidenced by the signatures and dates affixed below and upon its filing with the County Auditor as provided in Article XIX.

IN WITNESS WHEREOF, this Agreement has been executed by each party on the date

set forth below:

Signatures on following pages

20192 Amendments 10

Executed this ___ day of _____________, 20192. Approved as to form

CITY OF BAINBRIDGE ISLAND

Bainbridge Island City Attorney Kol MedinaDebbi Lester, Mayor


CITY OF BREMERTON

Bremerton City Attorney Greg WheelerPatty Lent, Mayor


CITY OF PORT ORCHARD

Port Orchard City Attorney Robert PutaansuuTim Matthes, Mayor


CITY OF POULSBO

Poulsbo City Attorney Becky Erickson, Mayor


PORT OF BREMERTON

Port of Bremerton Attorney Larry Stokes, President

20192 Amendments 11


KITSAP TRANSIT

Kitsap Transit Attorney John Clauson, Executive Director

Executed this ______ day of __________________, 20192.

ATTEST:

KITSAP COUNTY BOARD OF COMMISSIONERS

EDWARD E. WOLFEROBERT GELDER, Chair

CHARLOTTE GARRIDO, Commissioner

Dana Daniels, Clerk of the Board

ROBERT GELDERJOSH BROWN, Commissioner

Deputy Prosecuting Attorney

2019 Amendments 1

KITSAP REGIONAL COORDINATING COUNCIL

INTERLOCAL AGREEMENT

THIS AGREEMENT is made and entered into by and between the undersigned parties

pursuant to provisions of the Interlocal Cooperation Act of 1967, Chapter 39.34 RCW. WHEREAS, the undersigned members recognize the need and desirability to participate

in a forum for intergovernmental coordination, cooperation, and consultation among member agencies in order to bring about a continuous and comprehensive regional planning process and efficient service delivery; and

WHEREAS, the undersigned members desire jointly to undertake continuous, cooperative study and planning of regional and governmental issues of mutual interest, including but not limited to development, land use, housing, capital facilities, service, utilities, finances, public buildings, water supply, water distribution and drainage, air and water pollution, parks and recreation, transportation planning, and economic development; and

WHEREAS, it is the belief of the undersigned members that regional deliberations,

planning, and review can best be achieved with the creation of a separate legal entity whose function and activities are subject to policy direction from the undersigned member agencies according to the provisions of this Agreement; and

WHEREAS, the State Growth Management Act (GMA) requires local jurisdictions to coordinate and ensure consistency when developing comprehensive land use plans and the undersigned members desire to establish the Kitsap Regional Coordinating Council as a separate legal entity to facilitate coordination and consistency of comprehensive land use plans as required by the GMA; and

WHEREAS, the undersigned members desire to use the Kitsap Regional Coordinating Council for developing County-wide Planning Policies (CPPs) under the GMA as a framework to guide Kitsap County and cities situated within the County in developing their comprehensive land use plans.

THEREFORE, in consideration of mutual promises and covenants herein it is hereby agreed:

I. NAME

This Agreement establishes the KITSAP REGIONAL COORDINATING COUNCIL (“Council”), a separate legal entity since 2001.

II. DURATION

The Agreement shall remain in force and effect perpetually or until terminated by vote of the member agencies.

Kitsap Regional Coordinating Council

2019 Amendments 2

III. DEFINITIONS

For the purpose of this Interlocal Agreement, the following terms have the meaning prescribed to them in this section unless the context of their use dictates otherwise:

A. “Member agency” means a voting and dues paying municipal or other government entity located within Kitsap County which is a party to this Agreement.

B. “State” means the State of Washington. C. “Region” means the territory physically lying within the boundaries of Kitsap

County. D. “Kitsap Regional Coordinating Council” or “Council” means the separate legal

entity established by this Agreement to represent member agencies to carry out those powers and managerial and administrative responsibilities delegated pursuant to the provisions of this Agreement.

E. “Executive Board” shall mean the representatives of member agencies of the

Kitsap Regional Coordinating Council identified in Article IV.B. of this Agreement. F. “Cost Allocation” means annual dues (the annual allocation among Member

agencies of the cost of Council operations determined by the Executive Board for the purposes of calculating members’ obligations to contribute to the funding of Council operations for the year, and for the purposes of calculating obligations and distributions in the event of withdrawal or termination).

G. “Ex Officio Member” means a non-voting, non-dues paying member of the

Council that is not a party to this Agreement. H. “Associate Member” means a non-voting, dues paying member of the Council that

is not a party to this Agreement.

IV. MEMBERSHIP AND REPRESENTATION

A. Membership. Membership (except for Associate Members and Ex Officio Members) is established by execution of this Agreement and payment of any required cost allocation as established by the Executive Board. New Members may be added through an ILA Amendment.

B. Executive Board. The Executive Board is comprised of the following representatives of member agencies:

1. County Government: three (3) members of the Kitsap County Board of Commissioners;

2. City Governments:

2019 Amendments 3

a. The Mayor of each city having a population of 10,000 persons or less;

b. The Mayor and one (1) member of the City Council of each city

having a population between 10,001 persons and 30,000 persons; c. The Mayor and two (2) members of the City Council of each city

having a population greater than 30,000 persons;

d. A city with a Council/Manager form of government may select one (1) member of the City Council instead of a Mayor. The number of additional City Council members representing the city shall be as described in 2(a-c) above.

e. Population will be determined by the most recent annual population estimate of cities and towns prepared by the Washington State Office of Financial Management.

3. Port of Bremerton: one (1) representative consisting of a Port Commissioner.

4. Kitsap Transit: one (1) representative consisting of a member selected by the Kitsap Transit Board of Commissioners.

5. City Council, Kitsap Transit and Port of Bremerton representatives may be

selected by whatever means established by each specific member agency.

D. New membership. A municipal or government entity or a federally recognized Indian Tribe that desires to become an Ex Officio Member or an Associate Member must obtain permission to do so by the Executive Board. Associate Members must also present a draft agreement for the Executive Board’s consideration, establishing the proposed terms, duties, powers and privileges for Associate Member status.

V. POWER, AUTHORITY, AND PURPOSE

This Agreement does not confer additional substantive powers or authorities on member

agencies. The powers and authorities conferred herein are limited to the powers that each member agency is authorized by law to perform. The Council has the following power, authority, and purpose:

A. Provide a regional forum for regional deliberations and cooperative decision-making by the region’s elected officials in order to bring about a continuous and comprehensive planning process, and foster cooperation and mediate differences among governments throughout the region.

B. Consistent with the GMA, coordinate and ensure consistency when developing

comprehensive land use plans.

2019 Amendments 4

C. Consistent with the GMA, develop CPPs to be used as a framework to guide the County and the Cities in developing their comprehensive land use plans;

D. Coordinate actions to provide for the distribution of state and federal grant funds,

including but not limited to federal transportation funding, community development block grants, and low-income housing grants.

E. Undertake continuous, cooperative study and planning of regional and

governmental problems of mutual interest, including but not limited to development, land use, housing, capital facilities, services, utilities, finances, public buildings, water supply, water distribution and drainage, air and water pollution, parks and recreation and transportation planning.

F. Coordinate actions to provide for a sustainable economy and environment for the

region. G. Carry out such other planning and coordinating activities authorized by the

Council including participation in other forums and organizations. H. Establish Bylaws, to be amended from time to time, that govern the procedures of

the Council. The Bylaws, as may be amended, are incorporated into this Agreement by this reference as if fully set forth herein.

I. Contract for administrative services and enter into other agreements as deemed appropriate and/or necessary to implement this Agreement.

J. Purchase, receive, lease, take by gift, or otherwise acquire, own, hold, improve,

use and otherwise deal in and with real or personal property, or any interest therein, in the name of the Council.

K. Sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose

of its property and assets. L. Sue and be sued, complain and defend, in all courts of competent jurisdiction in

the Council’s name.

M To engage in any other activity necessary to further the Council goals and purposes to the extent authorized by chapter 39.34 RCW.

N. Apply for such federal, state, or private funding of any nature as may become

available to assist the organization in carrying out its purposes and functions. O. Identify and examine issues such as governance, growth policies, development

standards, service provision, revenue-cost sharing and municipal annexations in urban growth areas.

P. Strive to represent the consensus of views on growth management and planning

issues among member agencies. The Council makes recommendations on behalf of those

2019 Amendments 5

jurisdictions to multi-county regional agencies and State government on behalf of member agencies, on proposed changes to multi-county regional plans, state plans and laws.

Q. Represent the views or position of member agencies within the County on issues

of consistency or the resolution of conflicts related to the multi-county regional growth strategy and transportation plan.

R. Make appointments to committees and boards of multi-county regional

organizations (e.g. Puget Sound Regional Council, Peninsula Regional Transportation Planning Organization) where appointments are requested to represent more than one member agency of the Council. Members appointed to such committees and boards shall represent the consensus of the views of the Council. If consensus is not reached on a particular issue, the members appointed to such committees and boards shall represent the majority and minority views of the Council, in order to accurately portray the status of discussions on that issue.

S. Review this Interlocal Agreement no fewer than every 10 years with the

assistance of legal counsel.

VI. FINANCING

A. Cost Allocation. All members shall pay the annual cost allocation as described in the Bylaws. If payment by a member is not paid timely after notice of the cost allocation is received, the member is subject to having its membership status revoked by the Executive Board.

B. Local Government Accounting. All services and transfers of property to the Kitsap Regional Coordinating Council shall be paid and accounted for in accordance with RCW 43.09.210.

VII. FISCAL YEAR AND BUDGET

A. The Fiscal Year. The fiscal year shall coincide with the calendar year. B. Adoption of Budget. By September of each year the Executive Board shall adopt

a draft annual work program, budget, and cost allocation for the ensuing fiscal year that identifies anticipated activities, goals, revenues, and expenditures for completing the work program. The final work program, budget, and cost allocation for the ensuing year shall be adopted by the Executive Board no later than November of each year. No increase or decrease to the final budget shall occur without the approval of the Executive Board.

C. Notice of Budget. On or before September 30, the Executive Board shall provide

written notice of the ensuing year’s draft budget, work plan, and cost allocation to the designated representative(s) of each member agency. On or before November 30, the Executive Board shall provide written notice of the final budget, work plan, and cost allocation adopted for the ensuing fiscal year to the designated representative(s) of each member agency.

D. Accounting, Budgeting, and Reporting. The Council shall be subject to the

Budgeting Accounting & Reporting System (BARS) applicable to Category 1 local governments.

2019 Amendments 6

E. Fiscal Agent. The Council may retain a fiscal agent. The fiscal agent may be a member agency who shall serve and be subject to removal, pursuant to the terms and conditions as established by agreement between the fiscal agent and the Council.

F. Contracting. All contracts made by or on behalf of the Council shall be in

accordance with state law, including, but not limited to: Chapter 39.04 RCW, and Chapter 42.23 RCW, and Chapter 42.24 RCW.

VIII. WITHDRAWAL FROM AGREEMENT

Any member agency has the right to withdraw from this Interlocal Agreement by giving the Executive Board six (6) months prior written notice. Unless otherwise provided by future agreement, any member agency that withdraws shall remain responsible for its financial and other obligations with regard to Council activities until the effective date of withdrawal and with regard to agreements to which the Council is a party and which exist at the time of such notice of withdrawal. Withdrawal by one member agency to this Interlocal Agreement shall not terminate the Agreement as to any other remaining member agencies. Except as provided in Article IX of this Agreement, any member agency that withdraws from this Agreement forfeits any rights it may have to the Council’s assets; provided, however, such forfeiture shall not take effect if the Council dissolves within one (1) year of the date of the withdrawal notice.

IX. DISPOSAL OF ASSETS

Upon dissolution of the Council, any Council assets, after payment of all liabilities, costs, expenses, and charges validly incurred under this Agreement, shall be distributed to member agencies which are members of the Council on the date of dissolution. Distribution of assets shall be in proportion to the funding formula for cost allocation as described in the Bylaws, in accordance with Article VI.B. of the Agreement, and existing at the time of dissolution. The debts, liabilities, and obligations of the Council shall not constitute a debt, liability, or obligation of any member agency. If assets cannot reasonably be distributed in proportion to the funding formula, the Council shall declare the assets to be surplus, and shall offer the assets for sale according to the requirements of chapter 43.19 RCW, and shall distribute the proceeds from the sale in proportion to the funding formula established by the Executive Board in accordance with Article VI.B. of this Agreement.

X. LIABILITY AND INSURANCE

A. Any loss or liability to third parties resulting from negligent acts, errors, or omissions of the Council, Member agencies (excluding Associate Members), Ex Officio Members, and/or employees while acting within the scope of their authority under this Agreement shall be borne by the Council exclusively, and the Council shall defend such parties, at its cost, upon request by the member agency, ex officio agency, and/or employee.

B. The Executive Board shall obtain commercial general liability, and auto liability

insurance coverage for the Council, Executive Board, and any staff employed by the Council, at levels no less than $1 million single occurrence and $2 million aggregate for each type of liability that is insured. The policy shall name each member agency, and their respective elected

2019 Amendments 7

officials, officers, agents, and employees as additional insured’s. The Executive Board shall annually evaluate the adequacy of the Council’s insurance coverage.

C. The Executive Board shall require that all contractors and subcontractors utilized

by the Council obtain insurance coverage consistent with Article X.B.

XI. LEGAL REPRESENTATION

The Council may retain legal counsel. Legal counsel may be an employee of a member agency, an outside entity, or an individual. In the event of a conflict of interest, the Council may retain substitute or additional legal counsel. Additionally, Council may retain outside legal counsel concerning any matter the Council deems appropriate. Retained counsel shall serve, and be subject to removal, pursuant to the terms and conditions established by agreement between legal counsel and the Council. An adjustment in cost allocation to Members will be made if the Council retains outside legal counsel.

XII. ENTIRE AGREEMENT

This Agreement supersedes all previous Kitsap Regional Coordinating Council interlocal

agreements and all prior discussions, representations, contracts, and/or agreements between the parties relating to the subject matter of this Agreement and constitutes the entire contract between the parties.

XIII. MODIFICATION

Except as provided by Article XIX, the terms of this Agreement shall not be altered or modified unless agreed to in writing by all member agencies and such writing shall be executed with the same formalities as are required for the execution of this document.

XIV. WAIVER

The failure of any party to insist upon strict performance of any of the terms and

conditions of this Agreement shall not be construed to be a waiver or relinquishment of same, but the same shall be and remain in full force and effect.

XV. NOTICE

Except as provided in Article XVIII of this Agreement, any notice required by this Agreement shall be made in writing to the representative(s) identified in Article IV.B. of this Agreement. Notice is effective on the third day following deposit with the U.S. Postal Service, regular mail.

XVI. SEVERABILITY

If any of the provisions of this Agreement are held illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. //

2019 Amendments 8

XVII. CHOICE OF LAW AND VENUE

This Agreement shall be governed by the laws of the State of Washington, both as to its interpretation and performance. Any action at law, suit in equity, or other judicial proceeding arising in connection with this Agreement may be instituted and maintained only in a court of competent jurisdiction in Kitsap County, Washington.

XVIII. CLAIMS

A. Any claim for damages made under chapter 4.96 RCW shall be filed with the

Chair of the Kitsap Regional Coordinating Council, c/o the Clerk of the Kitsap County Board of Commissioners, 614 Division Street, MS-4, Port Orchard, Washington, 98366.

B. Upon receipt of a claim for damages, or any other claim, a copy of the claim will

be provided by the Clerk of the Board to each member of the Executive Board.

XIX. EXECUTION AND FILING

A. Counterparts. The parties agree that there shall be multiple original signature pages of this Agreement distributed for signature by the necessary officials of the parties. Upon execution, the executed original signature pages of this Agreement shall be returned to the Clerk of the Kitsap County Board of Commissioners, who shall file an executed original of this Agreement with the Kitsap County Auditor. The Clerk of the Board shall distribute duplicate conformed copies of the Agreement to each of the parties.

B. Later Approval and Filing. Later approval and filing of this Agreement by

additional parties as set forth in Article IV, Section D, shall be deemed an authorized amendment to the Agreement already on file with the Kitsap County Auditor, without the need for reconsideration and approval by parties that have already approved and executed the Agreement.

XX. EFFECTIVE DATE

This Agreement shall go into effect among and between the parties upon its execution by

all of the parties, as evidenced by the signatures and dates affixed below and upon its filing with the County Auditor as provided in Article XIX.

IN WITNESS WHEREOF, this Agreement has been executed by each party on the date

set forth below:

Signatures on following pages

2019 Amendments 9


CITY OF BAINBRIDGE ISLAND

Bainbridge Island City Attorney Kol Medina, Mayor


CITY OF BREMERTON

Bremerton City Attorney Greg Wheeler, Mayor


CITY OF PORT ORCHARD

Port Orchard City Attorney Robert Putaansuu, Mayor


CITY OF POULSBO

Poulsbo City Attorney Becky Erickson, Mayor


PORT OF BREMERTON

Port of Bremerton Attorney Larry Stokes, President

2019 Amendments 10


KITSAP TRANSIT

Kitsap Transit Attorney John Clauson, Executive Director

Executed this ______ day of __________________, 2019.

ATTEST:

KITSAP COUNTY BOARD OF COMMISSIONERS

EDWARD E. WOLFE, Chair

CHARLOTTE GARRIDO, Commissioner

Dana Daniels, Clerk of the Board

ROBERT GELDER, Commissioner

Deputy Prosecuting Attorney


May 15, 2019

Comprehensive Opioid Abuse Site Based Program (COAP) grantannouncement; 2020 County Request for Treatment Tax proposals.Behavioral Health Outreach Project Manager Hendrickson

Staff will update Council on 2019 four-city police navigator program and present two 2019grant opportunities for consideration.

Committee Recommended

✔ ✔2020 City match $60,000

Staff recommends City application for federal Comprehensive Opioid Abuse and CountyMental Health, Chemical Dependency, and Therapeutic Courts grant funding.

Program Update and 2019 Grant Opportunities

Consent Agenda

Move to approve staff application for federal Comprehensive Opioid Abuse and CountyMental Health, Chemical Dependency, and Therapeutic Courts grant funding.

2020 Continuation GrantRequest for Proposals (RFP)

January 1, 2020 – December 31, 2020

Deadline: July 24, 2019

KITSAP COUNTY MENTAL HEALTH, CHEMICAL DEPENDENCYAND THERAPEUTIC COURT PROGRAMS

2020 CONTINUATION GRANT REQUEST FOR PROPOSALS (RFP)

Treatment Sales Tax (TST)

TABLE OF CONTENTS

1

KITSAP COUNTY MENTAL HEALTH, CHEMICAL DEPENDENCYAND THERAPEUTIC COURT PROGRAMS

2020 CONTINUATION GRANT REQUEST FOR PROPOSAL (RFP) SUMMARY

Treatment Sales Tax (TST)

must be used solely for the purpose of providing for the operation or deliveryof chemical dependency or mental health treatment programs and services and for the operation or delivery of therapeutic court programs and services.

treatment services, case management, transportation, andhousing that are a component of a coordinated chemical dependency or mental health treatment program or service.”

Proposal Deadline: July 24, 2019 at 3:00 p.m.

Eligibility Requirements:

The “Continuation Grant Proposal Letter of Intent” isdue May 31, 2019

Background:

Scope of Work:

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2020 CONTINUATION GRANT REQUEST FOR PROPOSALS (RFP) TIMELINEMental Health, Chemical Dependency and Therapeutic Court Programs

All Continuation Grant Applicants must attend a Mandatory Continuation Grant Proposer’s Conference and submit a letter of intent on line to be eligible to apply for the 2020 TST funding. The “Continuation Grant Proposal Letter of Intent” will be made available at the Continuation Grant Proposer’s Mandatory Conference. The “Continuation Grant Proposal Letter of Intent” is due May 31, 2019 at 3:00 p.m.

Continuation Grant Proposal Deadline: July 24, 2019 at 3:00 p.m.

Date ActivityJanuary – April 2019 RFP Sub-Committee convenes and develops final draft of 2020 Continuation

Grant Request for Proposals (RFP)April 16, 2019 Citizens Advisory Committee (CAC) Meeting to Approve RFP and Timeline

April 22, 2019 CAC presents RFP recommendations to the Board of Kitsap County Commissioners (BOCC) in Work Study Session

April 2019 2020 Continuation Grant Request For Grant Proposals Released upon Board of Commissioners approval

Mandatory May 15, 2019 Mandatory Continuation Grant Proposers Conference – 2:30 p.m. Givens Community Center Olympic Room, 1026 Sidney Ave, Port Orchard, WA

May 22, 2019 Notes and Q&A from Proposers Conference Posted

Mandatory May 31, 2019 Mandatory “Continuation Grant Proposal Letter of Intent” online submission Due 3:00 P.M.

July 24, 2019 Continuation Grant Proposals Due by 3:00 P.M.

July 24th – 29th, 2019 Human Services staff review for complete RFP submissions

July 29 – August 26, 2019 CAC reviews Proposals and completes Rating Sheets

August 26, 2019 CAC Rating Sheets due to Department of Human Services

August 29, 2019 CAC convenes to discuss Proposals and develop questions for Proposers

September 3, 2019 Questions for Question and Answer (Q&A) Sessions emailed to Proposers

September 10th – 13th, 2019 Mandatory Proposer Question and Answer (Q&A) Sessions.Organizations must make time available for their Question and Answer Session which will be scheduled during this time frame.

September 16th and 17th, 2019 CAC Executive Committee Meetings to develop funding recommendations

September 17, 2019 CAC Regular Business Meeting to Approve Recommendations for BOCC

September 23, 2019 Make funding recommendations to BOCC (Work Study)

October 7, 2019 BOCC Acts on Funding Recommendations – Public Meeting

October – December 2019 Statements of Work, Expenditure Plans and Contracts completed

December 2019 BOCC Approves Contracts

January 1, 2020 2020 Program Year Begins

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I. BACKGROUND

II. APPLICANT ELIGIBILITY

1. Requirements for Continuation Grant Proposers:

2. Requirements for Attendance at Mandatory Continuation Grant ProposersConference and Submission of Letter of Intent:

3. Requirements for providing behavioral health treatment services include:

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authorized, licensed and/or certified to provide these services, and/or subcontract with organizations or individuals authorized, licensed and/or certified to provide these services.

Or,

An individual must be licensed through the Washington State Department of Health as an advanced social worker, a licensed independent clinical social worker, a licensed mental health counselor, or a licensed marriage and family therapist. An individual must meet the requirements of 18.225 RCW and practice within their scope of work. A Certified Counselor is not equivalent to a Licensed Counselor for this RFP.

All licensed individuals and/or organizations must maintain their licensure through the duration of the project.

I . AVAILABLE FUNDING Approximately $6,000,000 for a 12-month period between January 1, 2020 December 31, 2020 is to be allocated in the categories indicated below. Funding may be shiftedbetween categories at the discretion of the Kitsap County Board of Commissioners andrecommendations from the Citizens Advisory Committee (CAC) based on the projectproposals received. There is no minimum or maximum amount of funding per proposal.

1. Behavioral Health Prevention, Early Intervention and Training.2. Crisis Intervention/Triage Services.3. Outpatient Care – Psychiatry, Medical and Medication Management, Counseling.4. Medical and Sub-Acute Detoxification Services.5. Acute Inpatient Care Services.6. Recovery Support Services.

I . PERIOD OF PERFORMANCEFunding under this grant program is allocated for a 12-month period. The period of performance for services solicited under this RFP will begin January 1, 2020 and end December 31, 2020. All funds awarded must be used during this 12-month period. Carry over of unspent funds into the next program year is not allowed. Initial funding is not an assurance or guarantee of ongoing operational funding. The CAC places a high value on maintaining availability of funding for meritorious proposals without regard to prior funding history. Proposers are cautioned not to assume a commitment to future funding based on the receipt of funds in prior years. The funding process is competitive and funding recommendations are made based on the relative merits of all proposals received in each yearly cycle.

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U.S. Department of JusticeOffice of Justice ProgramsBureau of Justice Assistance

OMB No. 1121-0329Approval Expires 11/30/2020

The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA) is seeking applications to plan and implement comprehensive programs in response to the growing opioid epidemic. This program furthers the Department’s mission by providing resources to support state, local, tribal, and territorial efforts to reduce violent crime and drug abuse and enhance public safety, while supporting victims.

Comprehensive Opioid Abuse Site-based Program

FY 2019 Competitive Grant AnnouncementApplications Due: June 5, 2019

Eligibility

Eligible applicants are those that meet the following criteria for the three categories:

Category 1: Locally Driven Responses to the Opioid Epidemic – Applicants are limited tounits of local government and federally recognized Indian tribal governments (as determined by the Secretary of the Interior). Jurisdictions without a county- or local government-based addiction service system may designate the State Administering Agency (SAA) to serve as the primary applicant and subgrant funds to providers at the county level. Applicants should ensure they apply under the appropriate subcategory based on the population of the proposed project area.

Subcategory 1a – An urban area or large county with a population greater than 500,000.

Subcategory 1b – A suburban area or medium-size county with a population between 100,000 and 500,000.

Subcategory 1c – A rural area or small county with a population of fewer than 100,000 or a federally recognized Indian tribe.

Category 2: Statewide Implementation, Enhancement, and Evaluation Projects –Applicants are limited to the SAA responsible for directing criminal justice planning or the State Alcohol and Substance Abuse Agency.

Category 3: Harold Rogers Prescription Drug Monitoring Program (PDMP)Implementation and Enhancement Projects – Applicants are limited to state governments and territories that have a pending or enacted enabling statute or regulation requiring the submission of controlled substance prescription data to an authorized state agency. Applicants

2BJA-2019-15111

within a state that does not have an enabling state statute requiring the submission of controlled substance prescription data to an authorized state agency are eligible to apply as a city, county, or region if (a) the city, county, or region has enacted an enabling statute, ordinance, or regulation requiring the submission of controlled substance prescription data to an authorized city, county, or region; (b) the city, county, or region agrees to transition the PDMP system to an authorized state agency if the state adopts an enabling state statute requiring the submission ofcontrolled substance prescription data to an authorized state agency; and (c) the city, county, or region ensures that all vendor contracts are written to permit the transfer of ownership of the system to the authorized state agency.

For any of the categories listed above, BJA welcomes applications under which two or more entities would carry out the federal award; however, only one entity may be the applicant. Any others must be proposed as subrecipients (“subgrantees").1 The applicant must be the entity that would have primary responsibility for carrying out the award, including administering thefunding and managing the entire project.

For each category, only one application by any particular applicant entity will be considered. Anentity may, however, be proposed as a subrecipient (subgrantee) in more than one application.This includes applications that propose to serve a region that crosses state boundaries.Subrecipients may include treatment providers, victim service providers, and other not-for-profit entities as part of a comprehensive cross-disciplinary response as outlined in Categories 1 and 2. If an agency wishes to apply under multiple categories, a separate application is needed for each category of funding.

BJA may elect to fund applications submitted under this FY 2019 solicitation in future fiscal years, dependent on, among other considerations, the merit of the applications and on the availability of appropriations.

Deadline

Applicants must register with Grants.gov at https://www.grants.gov/web/grants/register.htmlprior to submitting an application. All applications are due by 11:59 p.m. eastern time on June 5,2019.

To be considered timely, an application must be submitted by the application deadline using Grants.gov, and the applicant must have received a validation message from Grants.gov that indicates successful and timely submission. OJP urges applicants to submit applications at least 72 hours prior to the application due date, to allow time for the applica

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