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HomeMy WebLinkAbout01/17/01 AGENDA CITY COUNCIL MEETING AGENDA JANUARY 17, 2001 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. 15-minute Study Session to discuss "HOME Fund Allocations" B. General Council Business 2. CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA A. Minutes of Meeting- January 10, 2001 (#AB01-014) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. LEGISLATIVE REPORT 8. PUBLIC RECOGNITION - (Comments limited to 3-minutes) 9. NEW BUSINESS A. Agreement between Harrison Hospital and the City of Bremerton to Provide Ambulance Transport (#AB01-015) B. Proposal to Purchase a 2001 Ambulance from Braun Northwest, Inc. (#AB01-016) C. Professional Service Agreement Amendment with Gordon Thomas Honeywell for $9,900 (#AB01-017) D. Phase ;[:[ Project Agreement for Bremerton/Kitsap Regional Government Center (#AB01- 018) 10. PUBLIC HEARINGS - ORDINANCES A. Ordinance No. 4750 (Second Reading) Granting One-Year Franchise to Puget Sound Energy (#AB01-010) B. Ordinance (First Reading) Authorizing the Issue of a $1,250,000 Tax Anticipation Note and Accepting the Purchase Offer of Bank of America (#AB01-019) 11. ADJOURNMENT OF MEETING AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: JANUARY 17, 2001 ORIGINATING DEPT.: CITY COUNCIL MINUTES OF MEETING-- JANUARY 10, 2001 ORIGINATOR: JOHN E. LAW, PRESIDENT DATE SUBMITTED: JANUARY 10, 2001 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: ENDORSEMENT ri INFORMATION [1 APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 8. RECOMMENDATION' 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION COUNCIL DIRECTIVE: oi- (OVER) 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT (CONTINUED): 5. IMPACT OF NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCHSOURCES: TAPE #1746 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES January 10, 2001 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, January 10, 2001, at 5:30 P.M., with Council President John Law presiding. Council members present were Jim Reed, Conrad Esser, Carol Arends, David Fart, Mike Shepherd, Ed Rollman, Cecil McConnell, and Wayne Olsen. Also present were Deputy City Clerk Paula Johnston; Special Counsel Glenna Malanca; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation given by Major Jim Baker of the Salvation Army. President Law made the following announcements: (1) Council held a Pre-Council Session in the Council Conference Room to discuss general Council business; (2) Item 9C under NEW BUSINESS was amended to include a resolution; and (3) There is a 60-Minute Study Session scheduled to follow the Council Meeting tonight to discuss "Downtown Redevelopment'. CONSENT AGENDA A. Minutes of Meeting - January 3, 2001 (#AB01-007) #0015 M/S/C/U (McConnell/Arends) Move to approve Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0045 M/S/C/U (Arends/Farr) On January 10, 2001, the Council does approve for payment those vouchers included and further described as follows: Checks 248102 through 248423 in the amount of $979,808.86; and Regular Payroll for the period ending December 31, 2000 in the amount of $889,076.43. COUNCIL MEMBER REPORTS Carol Arends offered her condolences to the Plumb family for the recent loss of her dear friend Mildred Plumb, whose grandson Randy is currently serving with the Bremerton Police Department. Mike Shepherd announced the next District 5 meeting would be held Thursday, January 18, 2001 beginning at 6:30 P.M. at the Memorial Lutheran Church located at 10th & Veneta, to discuss the "Proposed Bremerton/Kitsap County Regional Government Center" with Norm S. McLoughlin of the Kitsap County Consolidated Housing Authority (KCCHA). Ed Rollman appealed to the public for any information that may lead to solving the murder of Mrs. Ruth Ann Davidson last January. Any information may be provided to the Kitsap County Sheriff Office at 337-7101. Wayne Olsen assured residents in the are of Lebo Blvd. reported on the problems experienced by Lebo Blvd. residents during the current road project in the area, TAPE #1746 City Council Reg. Mtg. Minutes January 10, 2001 Page 2 of 5 President Law announced the next District 3 Neighborhood meeting for lower Manette would be held Tuesday, January 16, 2001 beginning at 7:00 P.M. at the Senior Center located at E. 13th & Nipsic to discuss the proposed "Merger of Fire Districts" with Chief Al Duke of the Bremerton Fire Department. MAYOR'S REPORT · Thanked all those who organized and supported the successful Spaghetti Feed fundraiser for Bremerton Centennial events held last Friday; · Several events in honor of Bremerton's Centennial celebration that are currently scheduled for the upcoming year were announced; · In honor of Martin Luther King, Jr., a luncheon would be held at the Kitsap Golf & Country Club on Saturday, January 13, 2001 beginning at 2:00 P.M.; · As well as a county-wide celebration on Monday, January 15, 2001 from 10:30 A.M. to 1:30 P.M. at the Kitsap Pavilion; and lastly · Monday, January 15, 2001 was proclaimed as "Martin Luther Kino_. Jr. Day" in the City of Bremerton in honor of his many significant achievements. LEGISLATIVE REPORT - There was no report this evening. PUBLIC RECOGNITION Jack Lefcoski provided his comments on the proposed Bremerton/Kitsap County Regional Government Center. Rodney R. Davies suggested that the City Attorney become an "elected official"; and asked if there was money available for a "clean-up" event for City residents this year. Ed Pietras invited the public and the Council to the Martin Luther King, Jr. Scholarship Foundation luncheon on Saturday, January 13, 2001 beginning at 2:00 P.M. at the Kitsap Golf & Country Club. Gene Sampley addressed a group of residents from the Lebo Blvd. area in response to their concerns regarding the current construction project in their neighborhood. Citizens were encouraged to write to the City as well as the contractor if they have additional concerns to be addressed. 9A - APPOINTMENT OF DAVE BOYTON TO THE PARKS & RECREATION COMMISSION (#AB01-008): Mayor Lynn Horton announced that there is a vacancy on the Parks & Recreation Commission due to the resignation of Barry Cook. She provided comments to support her recommendation for Dave Boynton to fill that position. In addition, the Mayor thanked Mr. Cook for his 10 years of service. There were no comments from the public #0810 M/S/C/U (Farr/McConnell) Move to confirm the appointment of Dave Boyton to the Parks & Recreation Commission. 9B - EMPLOYMENT CONTRACT FOR CITY ENGINEER JENNIFER STREHLER (#AB01-009): Gene Sample_v, Public Works & Utilities Director, commented on Ms. Strehler's qualifications and was pleased that she would working for the City. There were no comments from the public. #1650 M/S/C/U (Esser/Reed) Move to confirm the appointment of Jennifer Strehler as Bremerton City Engineer. TAPE #1746 City Council Reg. Mtg. Minutes January 10, 2001 Page 3 of 5 9C - RESOLUTION NO. 2795, BID AWARD TO GOLF LANDSCAPING INC FOR DESIGN AND CONSTRUCTION OF PENDERGAST PARK ILLUMINATION PROJECT (#AB01-O06): Cris Gears, Parks & Recreation Director, stated that bids were opened on Thursday, December 14th for the design and construction of the Pendergast Park Illumination project, which includes the lighting of three softball fields, two soccer fields, and a 440-car parking lot. A total of five (5) bids were received for the project (see Bid Tabulation sheet in the Council packet). The lowest qualified bidder for the project was Golf Landscaping, Inc. of Puyallup with a lump sum bid of $489,800. The total contract, including Washington State sales tax, is $52g,g64. The estimated cost for this project was $550,000. Earlier this year, the City signed an agreement with the Inter-Agency Committee for Outdoor Recreation (lAC) to provide a $150,000 grant for this project. Other funding for this project is being provided by the Kitsap County ($200,000), FC Kitsap Soccer Club, the Women's State Soccer Association, Bremerton Athletic Roundtable, the Pendergast Memorial Committee, and the City of Bremerton's Park Improvement Fund. Ace Paving and the Department of the Navy have offered to supply labor and equipment, if needed, to ensure completion of this project. If the contract is approved, construction will commence in January, and the lights will be fully operational in time for the upcoming softball season. Morcjan Roehl provided comments including a suggestion for an indoor soccer field as well as additional lighting. Mr. Gears suggested that due to the significant increase in cost for additional lighting, that type of proposal should first be brought to the Parks & Recreation Advisory Committee. Mr. Roehl clarified that he had intentions of researching private funding for his ideas. Dave Bo_vton provided comments in support of this action before the Council. #2450 M/S/C/U (McConnell/Reed) Move to authorize and direct the Mayor to execute the contract for the Pendergast Park Illumination Project with Golf Landscaping inc. for the lump sum amount of $529,964, subject to City administrative policies and procedures. 10A - ORDINANCE (FIRST READING) GRANTING ONE-YEAR FRANCHISE TO PUGET SOUND ENERGY (#AB01-010): Kathleen McCluskey, Administrative Services Director, stated that the Puget Sound Energy Franchise originally terminated in January 2000 and was renewed for a one- year period to allow staff time to renegotiate. Due to potential Federal and State changes to the power industry city administration chose to defer negotiations and requests an additional one-year franchise for the period January 12, 2001 to January 11, 2002. Don S. McDaniel, Puget Sound Energy Manager of Corporate Relations, provided a brief report on the current condition of the market for energy costs, as well as demand; and suggested that City contract negotiations begin soon. There were no comments from the public. #2685 M/S/C/U (Farr/Olsen) Move to approve ordinance on first reading, granting one-year franchise to Puget Sound Energy. Wayne Olsen stepped out of the meeting at approximately 6:48 P.M. and was not available for the following vote. 11A- RESOLUTION NO. 2792 REGARDING RECOVERY OF FEES FOR SECURING BUILDING ON PROPERTY LOCATED AT 2133 11TM STREET (#AB01-011): Janet Lunceford, Building Development Specialist TI, affirmed that on November 1, 2000, the Fire Department abated and TAPE #1746 City Council Reg. Mtg. Minutes January 10, 2001 Page 4 of 5 vacated the building on the property located at 2133 11th Street due to a broken sewer line inside the dwelling which had resulted in the accumulation of sewage in the basement. The executrix of the estate of the owner, Ernestine Woodworth, chose to have Public Works secure the building, and the cost of the action, including administrative fees, totaled $1,991.20. There were no comments from the public. #2861 M/S/C/U (Reed/McConnell) Move that Council pass Resolution No. 2792, ordering that the fees incurred for securing the building located at 2133 11th Street in the amount of $1,991.20 be collected as reasonable abatement costs and become a lien against the property. 1 lB - RESOLUTION NO. 2793 REGARDING RECOVERY OF FEES FOR ABATEMENT OF GARBAGE AND DEBRIS FOR PROPERTY LOCATED AT 2711 & 2713 HEFNER AVENUE (#AB01-012): Janet Lunceford, Building Development Specialist TT, announced that on November 28, 2000, Public Works removed garbage, debris and furniture from the property located at 2711 & 2713 Hefner Avenue after the owner of record, James B. Hartstrom, failed to do so as ordered by the Building Official. The costs incurred for this action, including administrative fees, totaled $1,208.10. There were no comments from the public. Wayne Olsen returned to the meeting at 6:55 P.M. Jim Reed stepped out of the meeting, and was not available for the following vote. #3100 M/S/C (Arends/McConnell) Move that Council pass Resolution No. 2793, ordering that the fees incurred for the abatement of garbage and debris located at 2711 & 2713 Hefner Avenue be collected as reasonable abatement costs and become a lien against the property. Voted in favor of motion: McConnell, Rollman, Shepherd, Fart, Arends, Esser, and Law Abstained: Olsen Motion Carried: 7-Yes; 1-Abstention Jim Reed returned to the meeting at approximately 6:58 P.M. 11C - RESOLUTION NO. 2794 REGARDING RECOVERY OF FEES FOR SECURING BUILDING ON PROPERTY LOCATED AT 317 CASAD AVENUE (#AB01-013): Janet Lunceford, Building Development Specialist IT, mentioned that on October 4, 2000, the City abated and vacated the structure located at 317 Casad Avenue. The abatement order required the owners of record, David and Sherri McCarroll, board up all openings into the building by October 7, 2000 to prevent vacated tenants from returning. The owners took no action, and Public Works secured the building on October 9, 2000 at a cost of $644.16. The building was later vandalized and required further action to secure it against entry on November 28, 2000. The cost of the second board up was $127.20. The total cost of both actions, including administrative fees, totaled $1,611.36. There were no comments from the public. #3270 M/S/C/U (Farr/Arends) Move that Council pass Resolution No. 2794, ordering that the fees incurred for securing the buildings located at 317 Casad Avenue in the amount of $1,611.36 be collected as reasonable abatement costs and become a lien against the property. TAPE #1746 City Council Reg. Mtg. Minutes January 10, 2001 Page 5 of 5 With no further business, meeting concluded at 7:00 P.M. Council reconvened in the Conference Room for a 60-Minute Study Session on "Downtown Redevelopment". Prepared and Submitted by: LORI SMITH, Legislative Assistant Attest: PAULA JOHNSTON, Deputy City Clerk JOHN LAW, City Council President City of Bremerton JL/PJ/Is/cge c: Normal Distribution File AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: 01/17/2001 ORIGINATING DEPT: Fire Agreement between Harrison Hospital and ORIGINATOR: Al Duke, Fire Chief the City of Bremerton to provide ambulance DATE SUBMITTED: 01/03/2001 transport. 2. C, LEARANCES:Con~. it of back if necessary) 3. EXHIBITS: Budget & Fiscal ~ Agreement ENDORSEMENTS, ~ INFORMATION APPI:~i~'13 BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: This is an agreement I~etween the City of Bremerton and Harrison Hospitaf't.o~mvide ALS and backup BLS transports between Harrison-Bremerton and Harrison-Silverdale. On July 10th, Harrison Hospital opened their Silverdale campus for OB/GYN and pediatric patients. A need arised on transporting patients from one campus to the~Nfler. Harrison Hospital approached the Fire Department to meet this-~ed, and the following is the agreement that was reached. 8. RECOMMENDATION: --.?hat *.he City Cc'.;ncil authorize the Mayor to sign and enter into the Agreement between Harrison Hospital and the City of Bramerton to provide ambulance transports. 9. RESPONSIBLE OFFICIAL: Al Duke, Fire Chief ENFORCEMENT OFFICIAL: Al Duke, Fire Chief EXPIRATION DATE: 06/30/2003 REVIEW DATE: 06/30/2001 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: There are no agencies in the immediate area to provide ALS ambulance services, either Olympic Ambulance, Services would have to hire personnel or Central Kitsap Fire & Rescue to provide the service. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: There would not be any impact on the staffing levels, but there is an increase use of vehicles and equipment along with an increase in supplies needed. 7. RESEARCH SOURCES: AGREEMENT BETWEEN HARRISON MEMORIAL HOSPITAL AND CITY OF BREMERTON This agreement is entered into this 1 st day of July, 2000, by and between Harrison Memorial Hospital, (hereinafter referred to as "Hospital"), and the City of Bremerton, (hereinafter referred to as "the City"). I. PURPOSE AND SCOPE The pm'pose of the Agreement is to make available, at a reasonable charge, from a preferred provider, ambulance Advanced Life Support (ALS) and back-up Basic Life Support (BLS) patient transfers between Harrison Hospital in Bremerton and Harrison Silverdale pursuant to the terms and conditions contained in this Agreement. II. DEFINITION OF TERMS A. The term "Preferred Provider" shall mean the City is called first by the Hospital's personnel for ambulance transportation between the Emergency Room of Harrison Hospital- Silverdale and the Emergency Room of Harrison Hospital-Bremerton, as defined below. In the emergent event that the City cannot provide services in a timely manner, as defined below, another vendor shall be contacted by the Hospital. Ambulance response parameters to Harrison Silverdale are twelve (12) minutes for BLS and six (6) minutes for ALS transports, and shall be taken as an average." B. "Patient means any patient transferred between the Bremerton Hospital campus and the Silverdale Hospital campus referred to above. III. SERVICES The City agrees to provide ambulance services as described below to Hospital, and, will send invoices as set forth on Attachment I. A. Basic Life Support The City agrees its Basic Life Support Transports shall be staffed by two (2) members, who shall be either Emergency Medical Technicians or Paramedics, or a combination thereof, certified as such under the proper licensing authorities. Back-up ambulance services shall be rendered in a manner so as to preserve patient dignity and provide continuity of care. Ambulance services are available 24 hours a day, every day of the year. B. Advanced Life Support The City agrees its Advanced Life Support Transports shall be staffed by two (2) members, one of which shall be a Paramedic, certified as such OSnursing\document\general\agreemenfiCity of Bremerton.doc Page 1 of 5 under the proper licensing authorities. Ambulance services shall be rendered in a manner so as to preserve patient dignity and provide continuity of care. Ambulance services are available 24 hours a day, every day of the year. IV. RELATIONSHIP OF PARTIES The City and Hospital are independent contracting parties. The City shall not be considered an agent or employee of Hospital for any purpose. The City shall be solely and entirely responsible for its acts and the acts of its employees, officers, directors, and agents during the term of this agreement and assumes exclusive responsibility for payment of all wages owing to its personnel for services performed by them for Hospital. Furthermore, in providing ambulance services, The city agrees to comply with all applicable federal, state, and local laws and regulations governing the delivery of such transportation services. V. LICENSURE AND CREDENTIALING The City warrants that it shall at all times maintain all necessary business and professional licenses and certificates, and that it shall, upon request, provide evidence of same to Hospital. The City also warrants that it is fully licensed, able, and certified to perform through its own staff, all aspects of ambulance transportation noted in this Agreement. VI. LIABILITY, INSURANCE, AND INDEMNITY A. The City shall maintain liability insurance coverage through an insurance carrier approved by the Washington State Insurance Commissioner for such coverage in the amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence and TWO MILLION DOLLARS ($2,000,000.00) in the aggregate at The City's expense. B. Hospital shall maintain liability insurance for its staff through an insurance carrier approved by the Washington State Insurance Commissioner for such coverage in an amount not less than the limits applicable to The City C. Mutual Indemnity. Each party to this Agreement agrees to indemnify the other party and to defend and hold the other party harmless from and against every claim, demand, liability, loss, cost, expense, and fee of any kind (including a reasonable attorney fee), and any and all liability therefore sustained or incurred by reason of each party's performance of its duties under this Agreement respectively. VII. REFERRALS AND CONTRACT MONITORING Hospital agrees to notify appropriate personnel as to The City's "Preferred Provider" status and to instruct such personnel that The City is to be utilized as the preferred or "first call" provider of ambulance transportation as provided herein, through the Cencom's 911 emergency line. O:\nursing\document\general\agreement\City of Bremerton.doc Page 2 of 5 VIII. RECORD KEEPING REQUIREMENTS The City and Hospital agree to take appropriate action to maintain and protect the confidentiality of patient records and to comply with all state and federal laws and regulations pertaining to record keeping. IX. QUALITY ASSURANCE, UTILIZATION REVIEW, AND CONSUMER RELATIONS The City agrees to cooperate fully with Hospital's requirements for quality assurance, utilization review, and consumer relations programs. The City and Hospital will mutually agree to establish and provide the most efficient, medically necessary means of transportation. X. CONFIDENTIALITY Except as authorized by both The City and Hospital, as required by applicable laws and regulations, or as necessary to effectively carry out this Agreement, the information in the Attachment shall not be divulged, in whole or part, by either party, their agents, and/or employees, to any third party during the term of this Agreement. Neither party will disclose proprietary information about the other party, which is obtained in carrying out this Agreement. XI. DURATION AND TERMINATION This agreement shall commence on July 1, 2000, and shall continue for a term of three (3) years, terminating on June 30, 2003, subject to earlier termination for cause such as described in Section XII of this Agreement. The City and Hospital agree that this contract may be automatically renewed at the end of the above period for an additional one (1) year with approval of both parties in the form of an extension addendum. The City and Hospital agree that transport fees may be adjusted annually on the anniversary date of this Agreement, upon written notice. XII. TERMINATION FOR CAUSE BEFORE END OF TERM Either party shall have the right to terminate this Agreement without cause with written notice to the other party, no less than 90 days prior to termination of Agreement. XIII. BILLING AND PAYMENT TERMS The City agrees to bill Hospital quarterly for transports occurring the previous three (3) months. Hospital agrees to pay ambulance within 25 days of receipt of invoice. XIV. NOTICES All written notices, which are required or permitted under this Agreement, shall be sent by United States mail, postage prepaid, addressed to the respective parties as follows: O:\nursing\document\general\agreement\City of Bremerton.doc Page 3 of 5 Hospital The City Harrison Memorial Hospital Bremerton Fire Department 2520 Cherry Avenue 817 Pacific Avenue Bremerton, WA 98310 Bremerton, WA 98337 XV. OTHER GENERAL PROVISIONS Neither party may assign its right nor delegate its duties under this Agreement to any other person or entity for any purpose without prior notification and acceptance of effected party. This Agreement supercedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matters hereof except as identified in this Agreement. This Agreement, including attachments, constitutes the entire understanding of the parties. No changes, amendments, or alterations shall be effected unless signed by both parties and attached to the original Agreement. This Agreement shall not be assigned or transferred by either party and such assignment shall be void and of no force or effect without the express written agreement of both parties. XVI. AUTHORITY OF PARTIES Each of the undersigned individuals represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of each corporate party indicated below and that this Agreement is binding upon said party in accordance with its terms. IN WITNESS WHEREOF, Hospital and The City have duly executed this Agreement effective the date first above written. Hospital The City By: By: Its: Attest: Date: Date: Attest to Form/Legality O:\nursing\document\general\agreement\City of Bremerton.doc Page 4 of 5 ATTACHMENT I Financial considerations are as follows: A. Harrison Memorial Hospital agrees to pay The City according to the following schedule: 1. BLS or ALS transportation between Harrison Silverdale and Harrison Hospital, Bremerton: BLS ALS 07/01/00 - 12/31/00 $234.00 $277.00 01/01/01 - 07/01/01 $253.00 $296.00 Above prices are for one-way transportation and include all ancillaries and mileage. 2. Remit payment within 25 days of receipt of quarterly invoices for each of the above services. B. Hospital and The City agree: 1. The City will send statements on a monthly basis for each transport for services provided to: Harrison Memorial Hospital Accounts Payable 2520 Cherry Avenue Bremerton, WA 98310 2. Hospital will remit payments to: The City of Bremerton 239 4th Street Bremerton, WA 98337 C. Questions/disagreements about transports (such as number, BLS vs. ALS, appropriate type of transport, etc.) shall be discussed by Vice President, Nursing Services of Harrison Bremerton, and the Fire Chief and/or Medical Officer of the City. O:\nursing\document\general\agreement\City of Bremerton.doc 14 Page 5 of 5 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: 01/1712001 ORIGINATING DEPT: Fire Proposal to purchase a 2001 ambulance ORIGINATOR: Al Duke, Fire Chief from Braun Northwest, Inc. DATE SUBMITTED: 01/03/2001 2. CLEARANCES: Comment of back if necessary) 3. EXHIBITS: Budget & Fiscal ('//~ / 7 ' '/~ Contract Proposal Operations ENDORSEMENTS /~ INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Attached is a contract proposal to purchase a 2001 ambulance from Braun Northwest, Inc. There currently are three Braun ambulances in the fleet, this one will replace the 1988 that was surplused earlier in the year. The City of Bremerton has in effect an Intergovernmental Cooperative Purchasing Agreement signed in 1994 that has allowed us to purchase off the Central Kitsap Fire & Rescue bid. 8. RECOMMENDATION: Th~ the ~._,~me.'!.em City _tun_il _authorize the Mayor to sign and enter into the contract proposal with Braun Northwest, Inc for the purchase of a 2001 ambulance. 9. RESPONSIBLE OFFICIAL: Al Duke, Fire Chief ENFORCEMENT OFFICIAL: Al Duke, Fire Chief EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: There would be a delay in the process of procring a replacement Paramedic Ambulance. The 1988 ambulance that this vehicle is replacing was surplused earlier in 2000 and leaves the Department with one reserve vehicle. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The revenue for the purchase of this vehicle is in the 2001 budget. 7. RESEARCH SOURCES: Braun Northwest,, . P.O. Box 1204 · Chehalis, WA 98532 · www. braunnortbsest, com 1-800-245-6303 ', Fax: 360-748-0256 ,, braunnw@localaccess.com SEPTEMBER 29 PROPOSAL 2000 STAN PLYLER BREMERTON FIRE DEPT. 817 Pacific Avenue -Bremerton, Washington 98337 FAX: 360-478-5397 RE: :MEDICAL UNIT BRAUN NORTHWEST, ENC. IS.PLEASED TO OFFER THE FOLLOWING PROPOSAL: ONE (1) 2001 TYPE In NORTH STAR 167 MEDICAL UNIT BUILT - ON 2001 FORD E450 CHASSIS, per manufacturer's specifications and dr~/wings. (NOTE: Proposal is based ~,~pon Central Kitsap Fire & Rescue bid datedMay 27, 1999, which is open to interlocalpurchases.) BASE PRICE FOR CENTRAL KITSAP FIRE & RESCUE BID: ........................ $105,825.00 Delete Inspection Visit: ............................................................................................... < 200.00> Deduction for chassis' prepayment: .................. , ........................................................ < 450.00> Deduction for delivery: ........... ~ ................................................................................... < 200.00> Addition to meet Bremerton's needs: '. ...................................................................... 11~47§ 30 TOTAL AMOUNT F.O.B.: BREMERTON, WASHINGTON ............................... $116,445.00 (Sales Tax not included) OPTIONS: See Pages 2 and 3. TERMS: CHASSIS PAYMENT OF THIRTY THOUSAND DOLLARS ($30,000.00) DUE WHEN CHASSIS ARRIVES AT BRAUN NORTHWEST, INC. NINETY PERCENT (90%) OF BALANCE DUE UPON RECEIPT VEHICLE. REMAINING BALANCE DUE IN THIRTY (30) DAYS. DELIVERY: APPROXIMATELY ONE HUNDRED EIGHTY (180) DAYS. Braun Northwest, Inc. is a Washington dealer (0991) with insurance information available upon request. Respectfully Submitted by We agree to accept the above proposal: BRAUN NORTHWEST, INC. BREMERTON FIRE DEPARTMENT ~ral Manager Signature Date Date: 9- ~ ~}' 200 c~ Printed Name Title (~) OPTIONS FOR BREMERTON FIRE DEPARTMENT ' BREMERTON, WASHINGTON (September 29, 2000, proposal) .. The following items are included in our base Proposal, but may be deleted. Please indicate the 'options you want to deduct, if any, by initialing beside the appropriate number or by the "NONE OF THE ABOVE" selection. Then sign where indicated below. After completion, please return this original 'form to our office along with the origina~ proposal. Thank you! 1) Delete three (3) Pulse Oximeters. DEDUCT: ................................................................................................ $<3,300.00> 2) Delete "install communication equipment as specified or equal." DEDUCT: ................................................................................................ ~3,000.00~ 3) 'Delete inverter. DEDUCT: .......................................................................................... , ..... ~1,100.00~ 4) Exchange two (2) clear strobes for clear LEDs in front lightbar. DEDUCT: ....................................................................... ~ ....................... ~ 800.00~ 5) Exchange strobes for LEDs in rear lightbar. DEDUCT: . ' ~ 500.00~ 6) Change from one (1) 15 amp and one (1) 20 amp auto eject shoreline to one (1) 30 amp twistlock shoreline. DEDUCT: ................................................................................................ ~ 500.00~ 7) Exchange four (4) strobes for LEDs in front lightbar. DEDUCT: ................................................................................................ ~ 400.00~ 8) Exchange four (4) side strobes for LEDs. DEDUCT: .................................................................................. , ............. ~ 400.00~ 9) Delete gray polyurethane in compa~nxents and use gray splatter paint. DEDUCT: ................................................................................................ ~ 300.00~ I0) Delete lt0V heater. DEDUCT: ................................................................................................ ~ 300.00~ 11) Delete IV warmer. DEDUCT: ................................................................................................ < 250.00> (2) OPTIONS FOR BREMERTON FIRE DEPARTMENT BREMERTON, WAS[HNGTON (September 29, 2000, proposal) ~cont.) 12) Delete recessed roof for recessed front and rear lightbars. DEDUCT: ..................................................................................... . .. . .. . . ... < 200.00> 13) For compartment #1 - delete inside / oUtside access, and safety net. DEDUCT: ................................................................................................ < 200.00> 14) Delete compartwent door in right front comer. DEDUCT: .............................................. ; ........................... . ...... ~ ................ < 200.00> 15) Delete simplex lock on drawer. 'DEDUCT: .................................................................................. ~ .............. < 200.00> 16) Delete cot plates. DEDUCT: ............................................................................................... < 200.00> 17) NONE OF THE ABOVE. (NOTE: THIS PRICING DOES NOT INCLUDE SALES TAX.) APPROVED BY: (Signature) (Date) (Printed Name) (Title) (9-29-2000) (3) AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: January 17, 2001 Professional Services Agreement ORIGINATING DEPT: Legal Amendment ORIGINATOR: David St.Pierre DATE SUBMITTED: January 11, 2001 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: ' ' . 'erre, Asst City Attorney Professional Services Agreement Fisca~ ~udge~ ~omm~t~e ENDORSEMENT'~ INFORMATION [] APPROVED BY COUNCIL ?RE~I~ENT ~OR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City has retained counsel to provide legal services in areas of expertise. Upon occasion a firm is asked to extend their services for additional time or compensation when the City is satisfied with the current services being received and are in litigation. Gordon Thomas Honeywell is representing the City in the Burlington and Mincey lawsuit. We have received, to date, bills through November 30, 2000 in excess of $9,900 of the current contract. More expenses are expected and at the time an estimate can be provided for the year 2001, another contract will be forwarded to Council for consideration and possible approval. 5. RECOMMENDATION: to approve the amendment to professional services agreement with Gordon Thomas Honeywell increasing compensation not to exceed an additional Nine Thousand Nine Hundred Dollars ($9,900) to cover invoices received to date, for a total contract amount of $24,900. 6. RESPONSIBLE OFFICIAL: ENFORCFA~ENT OFFICIAL: EXPIRATION DATE: R~ViEW DATE: 7. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: COUNCIL DIRECTIVE: 8. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: Overload upon City resources to detrimental of other responsibilities. Services to be provided to the City will occur but not be paid. 6. IMPACT ON STAFFING~ BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: None 7. RESEARCH SOURCES: PROFESSIONAL SERVICES AGREEMENT Retained Counsel Services - Amendment This agreemem is by and between the City of Bremerton (hereinafter "City") and Steven Reich, Gordon Thomas Honeywell, (hereinafter "Retained Counsel"); and is made and entered into pursuant to the provisions of Chapter 39.34 RCW. WITNESSETH: WHEREAS, the parties entered into a professional services agreement for legal services to be provided to the City by Retained Counsel on October 1, 2000; and WHEREAS, the parties with to amend the agreement to provide for additional compensation; NOW THEREFORE, in consideration of the mutual covenant hereinatter stated, the parties hereto agree as follows: Section 3. Compensation, is amended to read: This agreement shall not exceed an additional Nine Thousand Nine Hundred Dollars ($9,900) for a total of Twenty-four Thousand Nine Hundred Dollars ($24,900). All other terms and conditions of the parties October l, 1999 Professional Services Agreement shall remain in full force and effect unless inconsistent with this agreement. Dated this ~ day of January, 2001. CITY OF BREMERTON GORDON THOMAS HONEYWELL BY: BY: LYNN S. HORTON, Mayor STEVEN REICH APPROVED AS TO FORM: DAVID B. ST.PIERRE, Assistant City Attorney ' ~ceived for Filing: ~N McCLUSKEY, City Clerk Aoneyw¢ll. Amd- I/11/01 AGENDA BILL BREMERTON CITY COUNCIL 17 1. SUBJECT: Bremerton/Kitsap County FOR AGENDA OF: 1/~/01 Regional Government Center ORIGINATING DEPT: Executive Phase II Project Agreement ORIGINATOR: Mayor Horton DATE SUBMITTED: 12/27/00 2. CLEARANCES: (commentton back 3. EXHIBITS: -- if ~ ~~%ary) //~//~ ary) .... · ' ---'~ ~ ' '~' [ '' (£ffe ~ive upon pecial Fmscal & Budget~7~]~ ~--'~)~, ,.~ .. ~ Counse . o , ,=a ioos Ope r a t i o n s ~~_~_. __~'~- ENDORSEMENT ~ INFORMATION APPROVED BY COUNCIL PRES/L~ NT FOR SUBMITTAL: COUNCIL PRESIDENT ~/ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The creation of the Bremerton/Kitsap County Regional Government Center is a joint project between the City of Bremerton, Kitsap County and the Kitsap County Housing Authority. The goal is to provide consolidated facilities for city, county, state and federal government departments and agencies that will provide for more efficient and productive services for the citizens of Kitsap County. For over a year a group of representatives from the City, County and other government and business leaders have met to create a practical, achievable strategy to revitalize downtown Bremerton. There are three key elements: 1) development of the Government Center; (continued on back) 8. RECOMMENDATION: Motion to approve Phase II Project Agreement. 9. RESPONSIBLE OFFICIAL: Executive ENFORCEMENT OFFICIAL: Executive EXPIRATION DATE:l/I/02 REVIEW DATE: Continuous PULLED TABLED APPROVED DISAPPROVED E COUNCIL DIRECTIVE: DATE: 2. CLEARANCE COMMENTS (cont.) : 4. SUMMARY STATEMENT (cont.) : 2) Set in place new design standards and appropriate zoning to ensure private investment in the downtown and 3) development of housing. Progress has been made to make this strategy reality. The proposed design standards have been developed into a set of proposed downtown Bremerton policies and Land Use Codes and have been presented to the Bremerton Planning Commission for consideration. Phase I analysis is complete and the project is now'ready to enter Phase II. Under this phase LMN architeCts will complete the schematic design for the building, and the- HouSing Authority wilt undertake such other pre-development tasks as reasonably necessary to enable the parties to commit to construction of the building. This may include, but is not limited to, economic development analysis and engineering services. This agreement also authorizes the acquisition of land for the building as well as adjacent property necessary or convenient for the building. 5. IMPACT ON NON-PASSAGE: The project does not proceed. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES The budget for this phase is $400,000. Also authorized is the expenditure of up to 2 million for property acquisition. The city is responsible for 10% of the above costs. All costs associated with the Phase II agreement will be paid with bond proceeds if the project moves forward to completion. If not, the city will be responsible for our share of incurred costs from the general fund. 7. RESEARCH SOURCES: CONFIDENTIAL DO NOT DISCLOSE PHASE II PROJECT AGREEMENT This Phase II Project Agreement ("Agreement") is entered into this day of ., by and among the KITSAP COUNTY CONSOLIDATED HOUSING AUTHORITY, a public body corporate and politic of the State of Washington (the "Housing Authority"), the CITY OF BREMERTON, a Washington municipal corporation ("City"), acting by and through its legislative body unless otherwise specifically provided, and KITSAP COUNTY, a Washington municipal corporation (the "County"). The parties agree as follows: RECITALS 1. The parties entered into a Pre-Construction Agreement as part of Phase I of the potential development of an office building in Bremerton ("Building"). 2. As part of Phase I, the Housing Authority evaluated certain aspects of the feasibility of constructing the Building. The parties now wish to have the Housing Authority proceed with additional tasks related to developing the Building as part of Phase II of the potential Building development. 3. The parties estimate that total development costs for the Building will be approximately $30.5 million exclusive of property acquisitions costs and that the Building will be condominiumized so that portions can be sold to various public agencies and other entities. PHASE II HOUSING AUTHORITY TASKS 4. As part of Phase II, the Housing Authority shall: · Contract with LMN architects to complete the schematic design for the Building - as · Present the design to the other parties for review and comment; · Direct LMN architects to make design changes agreed to by the parties; and · Subject to advance ~proval bY ~e City and County, undertake such other pre-development tasks as the Housing Authority deems to be reasonably necessary to enable the parties to commit to construction of the Building. This may include, but is not limited to, economic development analysis and engineering services. -1- 50208968.02 To complete these tasks, the Housing Authority is authorized to incur expenses of up to a total of $400,000. The parties estimate that the breakdown of expenses for Phase II will be as follows: LMN Schematic Design $300,000 Housing Authority Expenses 20,000 Economic Development 20,000 Subconsultants 60,000 Total: $400,000 With respect to each of these elements of Phase II, the Housing Authority or its consultants, as applicable, shall provide the other parties with a narrative of the work to be performed along with anticipated costs for performing the work. PHASE II HOUSING AUTHORITY REMIBURSEMENT 5. Under the Pre-Construction Agreement, the Housing Authority incurred certain costs involved in Phase I of the evaluation of the feasibility of the Building. 6. Following the completion of the tasks identified in this Agreement, the parties anticipate that bonds will be issued to pay all costs of the Building, including Phase I cost~ and the costs incurred under this Agreement. 7. If the Building is not constructed, the provisions of the Pre-Construction Agreement shall govern Phase I costs, and the parties shall share the costs that the Housing Authority incurs under Section 4 of this Agreement in the following proportions: the County shall pay 80 percent; the Housing Authority shall pay 10 percent; and the City shall pay 10 percent. This section will apply if (and only if) construction on the Building has not commenced by April 1, 2002. If this section applies, the parties shall pay their share of the costs to the Housing Authority within 30 days after receiving an invoice from the Housing Authority. The Housing Authority costs to be reimbursed shall be limited to direct costs applicable to the project. Such costs shall include: the actual cost of hours ;,nc!u~;.ng b"~ ncr limited t¢ ~/rect !abcr, related payrc!! taxes an~ benefits worked by Housing Authority staff on the project; travel costs related directly to the project; reasonable indirect costs allocable to the project. For the purposes of this agreement, indirect costs shall be limited to 35% of direct costs. LAND ACQUISITION 8. The parties further authorize the Housing Authority to negotiate acquisition or ,,~ ,~ e, ~;u;^~ to acquire land for the Building, as well as adjacent purchase optiOns spend ~v .............. property (collectively, the "Property") that the Housing Authority determines would be necessary or convenient for the Building. The CountY andthe City reserve the right to approve the leto and:conditi°ns Of any land PurChases or °Ptions to purChaSe, Pursuantt° the t~s of this seaion. This Agreement refers to the Housing Authority's costs of acquiring the Property (including -2- 50208968.02 transaction costs) as the "Acquisition Price." m~ _~,-,; .... ,;~;~,~ ,h,,, ,h~ 13,G1.4~ ..... ill 1.,~ 9. If construction on the Building has not commenced by April 1, 2002, the Housing Authority may sell the Property at a price approved by the City and County. The proceeds of any sale shall first be used to reimburse the Housing Authority for the Acquisition Price and any costs related to the disposition of the Property. The parties shall divide the remaining proceeds, if any, based on the following percentages: Kitsap County 80%, Kitsap Consolidated Housing Authority 10%, City of Bremerton 10%. If the proceed of the sale are insufficient to reimburse the Housing Authority for the Acquisition Price and any costs related to the disposition of the Property, the parties shall make up the deficit based on these same percentages. MISCELLANEOUS PROVISIONS 10. The parties agree that upon completion of the Building, the Housing Authority shall receive a development fee of $400,000. This amount shall be paid from bond proceeds and is in addition to all other amounts payable to the Housing Authority. 11. Upon completion of the Building, the parties agree to negotiate with the Housing Authority to enter into a management agreement under which the Housing Authority will manage the Building. 12. The provisions of this Agreement are separate from and in addition to the provisions of any other agreements between the parties. 13. This Agreement shall take effect on the date first written above and shall expire on March 31, 2002, unless the Building is under construction or had been completed by that date, in which case this Agreement shall expire on the date that is three months after the date the Building is finally accepted from the contractor. 14. Notices shall be provided hereunder as directed in the Pre-Construction Agreement between the parties, except that the Council President shall be added for the purpose of notice to the City of Bremerton: Council President City Council Office 239 4th Street Bremerton, Washington 98337 (360} 478-5280 15. This Agreement shall be governed by and construed in accordance with the laws of the state of Washington. Venue shall be in Kitsap County, Washington. 16. The terms of this Agreement constitute the entire understanding and agreement between the parties regarding the subject matter hereof and may not be altered or amended except by a written instrument signed by the parties; PROVIDED that in the event the Housing Authority enters into an agreement with Kitsap County regarding Phase II Project -3- 50208968.02 Agreement for the development of the Building , the terms and conditions of this Agreement shall conform to said agreement. 17. This Agreement is not intended, nor shall it be construed, to create any rights in third parties. 18. Each party hereby wan'ants that the execution and delivery of this Agreement and the performance of such party hereunder have been authorized by all necessary actions, that the person executing this Agreement on behalf of such party is competent and fully authorized to do so. -4- 50208968.02 19. The waiver by any party of any failure on the part of another party to perform in accordance with any of the terms or conditions of this Agreement shall not be construed as a waiver of any future or continuing failure, whether similar or dissimilar thereto. To be valid, waivers must be in writing and signed by the party waiving its rights. DATED this day of ,2000. KITSAP COUNTY CONSOLIDATED HOUSING AUTHORITY By Its KITSAP COUNTY By Its THE CITY OF BREMERTON By Its -5- 5020896802 ATTACHMENT 1 II. Bremerton / Kitsap County Regional Government Center Phase 2 - A/E 'Bond Package' Design Services: The following description of services is based on the current approved Concept Design Package by LMN architects dated October 5, 2000 as revised by the October 23, 2000 Rider Hunt Cost Estimate. Per the Owner (Kitsap County Consolidated Housing Authority) we have been given a budgeted fee of $300,000 for A/E design services for Phase 2. This fee, in itself would not be adequate for full 100% Schematic Design services for the BKCRGC project as defined below. However, the intent of the Phase 2 A/E 'Bond Package is to provide the Owner (agency) enough schematic drawings and other documents to allow the participating agencies to achieve a clear understanding and acceptance of the design and to provide a reasonable basis for analyzing and preparing a cost estimate. The proposed A/E 'Bond Package' will be an approximately 75% Schematic Design Package. *Note: The following description of services outlines a 100% Schematic Design Package. The proposed 75% SD package will be less developed than the description below but we will tailor the deliverables to provide a clear and complete enough package to enable the Owner to secure bonding for the project. *Schematic A/E Design Services (14 Percent) In the Schematic Design Phase the A/E Design team provides those services necessary to prepare Schematic Design Documents consisting of drawings and other documents illustrating the general scope, scale, and relationship of project components for approval by the agency. Design should be conceptual in character, based on the requirements developed during the Predesign Phase, approved by the agency, or program requirements provided by the agency and reviewed and agreed upon by the A/E. Schematic design includes the following: Project Administration Services consisting of schematic design administrative functions including consultation, meetings and correspondence, and progress design review conferences. Disciplines Coordination Coordination between the architectural work and engineering work and other involved consultants for the project. When specialty consultants are used, additional coordination beyond basic services may be required and negotiated for appropriate phases of the work. Document Checking Review and coordination of project documents. Consulting Permitting Consultations, research of critical applicable regulations, preparation of Authority written and graphic explanatory materials. The services apply to applicable laws, statutes, regulations, and codes. Space Planning Limited workshops with agency heads to prepare space plans showing department partitions, walls, and door layouts. FFE layouts are N.I.C. for this phase. -6- 50208968.02 Architectural Design Services responding to scope of work (program/predesign) requirements and consisting of preparation of conceptual site and building plans, schematic sections and elevations, preliminary selection of building systems and materials, development of approximate dimensions, areas and volumes. Structural Design Services consisting of recommendations regarding basic structural material and systems, analysis, and development of conceptual design solutions. Mechanical Design Services consisting of consideration of alternate materials, systems and equipment, and development of conceptual design solutions for energy sources/conservation, heating, ventilating and air conditioning (HVAC), plumbing, fire protection, and general space requirements. Electrical Design Services consisting of consideration of alternate systems, recommendations regarding basic electrical materials, systems and equipment, analysis, and development of conceptual design solutions for power service and distribution, lighting, communication raceways, fire detection and alarms, and general space requirements. Civil/Site Design Services consisting of site planning including layout of site features, building position, preliminary grading, location of paving for walkways, driveways and parking, and fencing locations. Landscape Design Services consisting of consideration and development of concept design solutions including land forms, lawns, and planting. Specifications Services consisting of preparation for agency's approval of proposed development of architectural outline specifications, and coordination of outline specifications of other disciplines as needed for cost estimate. Materials Research Services consisting of identification of potential of architectural materials, systems, and equipment. Scheduling Services consisting of reviewing and updating previously established project schedules or initial development of schedules for decision making, design, and documentation. Cost Estimating Services consisting of development of a probable construction cost from quantity surveys and unit costs of building elements for the project. Costs shall reflect the level of design elements presented in the Schematic Design documents, plus appropriate design contingencies to encompass unidentified scope ultimately included in the program. Assist user agency with analyzing scope, schedule, and budget options to stay within the MACC. Presentations Services consisting of appropriate presentation(s) of Schematic Design documents by the NE to agency representatives. Updated site model. Rendered Presentation Sketch. -'7- 5020896802 AGENDA BILL BREMERTON CITY COUNCIL 17 1. SUBJECT: FOR AGENDA OF: 1/~/01 Puget Sound Energy ORIGINATING DEPT: Admin. Srvs. Ordinance No. ~O (~O~ ~'~3~ ORIGINATOR:DATE SUBMITTED:Kathleen12/27/00McCluskey 2. CLEARANCES: (comment on back 3. EXHIBITS: if ne ce ss ~~~ Ordinance ~o. ~ 7 50 Public Works & Utili~ Fiscal & Operations~~~~ ~- ENDORSEMENT~f INFORMATION APPROVED BY COUNCIL PRES~LD~NT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL : The Puget Sounds Energy Franchise originally terminated in January 2000 and was renewed for a one-year period to allow staff time to renegotiate. Due to potential Federal and State changes to the power industry city administration chose to defer negotiations and requests an additional one- year franchise for the period January 12, 2001 to January 11, 2002. 8. P~ION: 2. ~ob'g to pass ~din~ce ~ ~7~O ~ti~ one year fr~chise to ~get Sold ~er~. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: 0 / '-- O/O 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: Puget Power will be operating in city right of ways without a franchise. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES None 7. RESEARCH SOURCES: ORD,r AsC r O. '4 7 5o AN ORDINANCE granting Puget Sound Energy, A Washington Corporation, its successors and its assigns, the right, privilege, authority and franchise to set, erect, construct, support, attach, connect, and stretch facilities between, maintain, repair, replace, enlarge, operate, and use facilities in, upon, over, under, along, across and through the franchise area for purposes of transmission, distribution and sale of energy for power, heat, light and any other purpose for which energy can be used; and to charge and collect tolls, rates and compensation for such energy and such uses for a period of one year from January 12, 2001 to January 11, 2002 under the same terms and conditions as provided in Franchise Ordinance No. 4253 passed by the City Council the 6~ day of December 1989. THE CITY OF BREMERTON DOES ORDAIN: Section 1. Franchise Ordinance No. 4253 is hereby incorporated in its entirety by this reference, except that Section I 1 thereof shall provide for effective dates of January 12, 2001 to January 11, 2002. Puget shall have no rights under this Franchise nor shall Puget be bound by the terms and conditions of this Franchise unless Puget shall, within sixty (60) days after the effective date of the Ordinance, file with the City its written acceptance of this Ordinance. Section 2. All references to Puget Sound Power & Light Company shall be read as Puget Sound Energy, a Washington corporation. Section 3. This Ordinance shall become effective ten (10) days after passage and publication. APPROVED by the City Council of the City of Bremerton on first reading this __ day of ,20__ PASSED by the City Council of the City of Bremerton this __ day of ,20 Council President APPROVED this ~ day of ,20 LYNN S. HORTON, Mayor Al'TEST: KATHLEEN McCLUSKEY, City Clerk AGENDA BILL BREMERTON CITY COUNCIL January 17, 2001 '1. SUBJECT: ORDINANCE NO. FOR AGENDA OF: danuary 24, 2001 ORIGINATING DEPT: Treas u rer,..-;~/'/ AUTHORIZING THE ISSUE OF A $1,250,000 TAX ORIGINATOR: Rich ANTICIPATION NOTE AND ACCEPTING THE DATE SUBMITTED: JanuaryS, 2001~ PURCHASE OFFER OF BANK OF AMERICA 2. CLEARANCE. S: (~lomment of back if necessary) 3. EXHIBITS: Dir. Admin. Services,-~, ~I~_.~ Proposed Ordinance Fiscal and Budget Comm. ,/~,',~ ~ Preliminary Official Statement Operations Cash Flow Projection Note Purchase Offer (at second reading) ENDORSEMENTS .~ INFORMATION ~ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACT, lO'N: As indicated in the attached documents, the City's General Fund will operate in a deficit cash position at certain times dudng the year without some form of cash flow financing. Analysis indicates that issuance of a Tax Anticipation Note, or TAN is the most economical way of financing this cash flow need. 8. RECOMMENDATION: Motion to approve on first reading the Ordinance authorizing the issue of a Tax Anticipation Note. Move to pass on second reading Ordinance No. __ authorizing the issue of a Tax Anticipation Note and accepting the purchase offer of Bank of America. 9. RESPONSIBLE OFFICIAL: Treasurer ENFORCEMENT OFFICIAL: Mayor EXPIRATION DATE: Januar~ 31, 2002 REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The City's General Fund will operate for a portion of the year with a negative cash balance which is contrary to statute. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Included in the 2001 - 2002 Budget. 7. RESEARCH SOURCES: Cash flow projections. Bond counsel. Negotiations with underwriting bank. 1ST DRAFT 1/8/01 For Discussion Purposes Only CITY OF BREMERTON, WASHINGTON ORDINANCE NO. AN ORDINANCE of the City of Bremerton Washi.,ogton relating to the incurrence of indebtedness; provid~e sale and issuance of $1,250,000 principal am~anticipation notes, 2001, to pay City expenses pendin fg(.f, ogthe receipt of general City taxes; providing for the date, denominations, form, terms, registration privileges, maturity, interest rates and covenants of the notes; and providing for the sale and delivery of such notes to Banc of America Securities LLC WHEREAS, the City Council of the City of Bremerton (the "City") finds that the periodic collections of sales, excise and general ad valorem taxes and other revenue in 2001 will not be sufficient to meet necessary City expenses as they are incurred in 2001, and WHEREAS, the City Council of the City deems it to be in the best interest of the City that the City borrow money and issue and sell short-term obligations in the form of tax anticipation notes pursuant to chapter 39.50 RCW for the purpose of financing such expenses pending receipt of taxes and other revenue collected by the City; and WHEREAS, the incurrence of such indebtedness by the City will not cause the total indebtedness of the City to be incurred without the assent of the voters of the City to exceed the limitations set forth in Chapter 39.36 RCW; and WHEREAS, Banc of America Securities LLC (the "Purchaser") has offered, by way of the Purchase Agreement (the "Purchase Agreement"), to purchase such limited tax anticipation notes upon the terms and conditions hereinafter set forth; NOW, THEREFORE, 1ST DRAFT 1/8/01 For Discussion Purposes Only THE CITY OF BREMERTON DOES ORDAIN AS FOLLOWS: Section 1. Finding, Purpose and Description of Notes. The City authorizes the sale and issuance of its "Tax Anticipation Notes, 2001" (the "Notes") for the purpose of financing City expenses pending receipt of taxes and other revenue collected by the City and to pay certain "incidental costs and costs related to the sale and issuance" (as defined in RCW 39.46.070) of the Notes. The Notes shall be in the aggregate principal amount of $1,250,000; shall be dated February 1, 2001; shall mature on January 31, 2002; shall bear interest (computed on the basis of a 360-day year of twelve 30-day months) from their date at the rate of __ % per annum, payable at maturity. The Notes shall be issued in fully registered form as to both principal and interest; shall be in the denomination of $50,000 each or any integral multiple thereof; shall be numbered separately in such manner and with any additional designation as the fiscal agencies of the State of Washington in Seattle, Washington, and New York, New York (collectively, the "Registrar"), deem necessary for purposes of identification. If any Note is not paid upon proper presentment at its maturity date, the City shall have the obligation to pay interest at the same rate from and after such maturity date until such Note, both principal and interest, is paid in full. The Notes shall be negotiable instruments to the extent provided by RCW 62A.8-102 and RCW 62A.8-105. On the date of issue of the Notes, all Notes shall be issued in the form of a single certificate, which certificate shall be registered in the name of The Depository Trust Company or any successor thereto engaged to operate a book-entry system for recording 2 1ST DRAFT 1/8/01 For Discussion Purposes Only the beneficial ownership of the Notes, as Custodian (the "Custodian"), or its nominee, and delivered to the Custodian. The Custodian shall hold the Note certificate in fully immobilized form for the benefit of the beneficial owners of the Notes (the "Beneficial Owners") pursuant to the Blanket Issuer Letter of Representations, dated November 19, 1997, between the City and the Custodian (the "Letter of Representations"), until the earliest to occur of either (1) the date of maturity of the Notes evidenced by such certificate, at which time the Custodian shall surrender such certificate to the Registrar for payment of the principal of and interest on such Notes coming due on such date, and the cancellation thereof; (2) the fifth business day following the date of receipt by the Registrar of the City's request to terminate the book-entry system of registering the beneficial ownership of the Notes (the "Book-Entry Termination Date"); or (3) the date the City determines to utilize a new Custodian for the Notes, at which time the old Custodian shall (provided the City is not then in default of any payment then due on the outstanding Notes) surrender the immobilized certificate to the Registrar for transfer to the new Custodian and cancellation as herein provided. For so long as any outstanding Notes are registered in the name of the Custodian or its nominee and held by the Custodian in fully immobilized form as described in this Section 1, the rights of the Beneficial Owners shall be evidenced solely by an electronic and/or manual entry made from time to time on the records established and maintained by the Custodian in accordance with the Letter of Representations, and no certificates evidencing such Notes shall be issued and registered in the name of any Beneficial Owner or such Beneficial Owner's nominee. 3 1ST DRAFT 1/8/01 For Discussion Purposes Only The City may terminate the "book-entry" system of registering ownership of the Notes at any time (provided the City is not then in default of any payment then due on the outstanding Notes) by delivering to the Registrar: (a) a written request that it issue and deliver Note certificates to each Beneficial Owner or such Beneficial Owner's nominee on the Book-Entry Termination Date; (b) a list identifying the Beneficial Owners as to both name and address; and (c) a supply of Note certificates, if necessary for such purpose. Upon surrender to the Registrar of the immobilized certificates evidencing all of the then outstanding Notes, the Registrar shall issue and deliver new certificates to each Beneficial Owner or such Beneficial Owner's duly appointed agent, naming such Beneficial Owner or such Beneficial Owner's nominee as the Owner thereof. Such certificates may be in any integral multiple of $50,000. Following such issuance, the Owners of such Notes may transfer and exchange such Notes in accordance with Section 9 hereof. Neither the City nor the Registrar shall have at any time any responsibility or liability to any Beneficial Owner of any Notes or to any other person for any error, omission, action or failure to act on the part of the Custodian with respect to payment, when due, to the Beneficial Owner of the principal and interest on the Notes, proper recording of beneficial ownership of Notes, proper transfers of such beneficial ownership, or any notices to Beneficial Owners or any other matter pertaining to the Notes. Section 2. Place, Manner and Medium of Payment. Both the principal of and interest on the Notes shall be payable in lawful money of the United States of America. Prior to the Book-Entry Termination Date, the principal and interest on the Notes shall be 4 1ST DRAFT 1/8/01 For Discussion Purposes Only paid by the Registrar to the Custodian as the Owner (hereinafter defined) thereof, for the benefit of the Beneficial Owners thereof, in accordance with the Letter of Representations. From and after the Book-Entry Termination Date, principal of and interest on the Notes shall be paid to the persons who are named as the registered owners of the Notes (the "Owners") on the registration books for the Notes (the "Note Register") maintained by the Registrar only upon presentation and surrender of such Owners' Notes upon maturity, at the principal corporate trust office of either Registrar, at the option of the Owners. Section 3. No Redemption; Open Market Purchase. The Notes shall not be subject to redemption prior to maturity. The City reserves the right to purchase any or all of the Notes on the open market at any time and at any price. All Notes purchased by the City shall be surrendered to the Registrar for cancellation. Section 4. Debt Limit Not Exceeded. The City finds and covenants that the Notes are issued within all constitutional and statutory debt limitations presently applicable to the City. Section 5. Pledge of Full Faith, Credit and Resources. The Notes are limited tax general obligations of the City. Unless the principal of and interest on the Notes are paid fi:om other sources, so long as the Notes are outstanding, the City hereby irrevocably covenants to include in its budgets and to levy taxes annually within the constitutional and statutory limitations provided by law without a vote of the people upon all property within the City subject to taxation in amounts which, together with any other money legally available therefor, shall be sufficient to pay the principal and interest on the Notes 5 1ST DRAFT 1/8/01 For Discussion Purposes Only as the same shall become due. The City hereby irrevocably pledges its full faith, credit and resources to the annual levy and collection of such taxes and for the prompt payment of such principal and interest. The City hereby irrevocably covenants that any tax levied and collected as provided for herein for the payment of the principal of and interest on the Notes shall be within and as a part of the tax levy permitted the City without a vote of the people and that a sufficient portion of the receipts of any such tax levy or levies to be made so long as the Notes are outstanding, together with any other money legally available therefor, shall be and is hereby set aside, pledged and appropriated for the payment of the principal of and interest on the Notes as the same shall become due. Section 6. Form of Notes. The Notes shall be typewritten, printed or lithographed on good bond paper in a form consistent with this ordinance and Washington law. Section 7. Execution of Notes. The Notes shall be signed on behalf of the City with the facsimile or manual signatures of the Mayor and the City Clerk, and shall have the seal of the City impressed or a facsimile thereof imprinted thereon. In case either or both of the officers who shall have executed any Note shall cease to be such officer or officers of the City before the Note so signed shall have been authenticated or delivered by the Registrar or issued by the City, such Note nevertheless may be authenticated, delivered and issued and upon such authentication, delivery and issuance, shall be as binding upon the City as though those who signed the same had continued to be such officers of the City. Any Note also may be signed and attested on behalf of the City by such persons as at the actual date of execution of such Note shall be 6 1ST DRAFT 1/8/01 For Discussion Purposes Only the proper officers of the City although at the original date of such Note such persons were not such officers of the City. Section 8. Authentication and Delivery_ of Notes by Registrar. The Registrar are authorized and directed, on behalf of the City, to authenticate and deliver Notes initially issued or transferred or exchanged in accordance with the provisions of such Notes and this ordinance. Only such Notes as shall bear thereon a "Certificate of Authentication" manually executed by an authorized signatory of the Registrar shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidence that the Notes so authenticated have been duly executed, authenticated and delivered hereunder and are entitled to the benefits of this ordinance. The Registrar shall be responsible for its representations contained in the Certificate of Authentication on the Notes. Section 9. Registration; Transfer and Exchange. The Registrar shall keep, or cause to be kept, the Note Register at its principal corporate trust office. The City and the Registrar, each in its discretion, may deem and treat the Owner of each Note as the absolute owner thereof for all purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. Payment of any such Note shall be made only as described in Section 2 hereof, but such registration may be transferred as herein provided. All such payments made as provided in Section 2 hereof shall be valid and shall satisfy and discharge the liability of the City upon such Note to the extent of the amount or amounts so paid. 7 1ST DRAFT 1/8/01 For Discussion Purposes Only The registered ownership of any Note may be transferred. Prior to the Book- Entry Termination Date, the beneficial ownership of the Notes may only be transferred on the records established and maintained by the Custodian. On and after the Book-Entry Termination Date, no transfer of any Note shall be valid unless it is surrendered at any principal corporate trust office of the Registrar, with the assignment form appearing on such Note duly executed by the Owner or such Owner's duly authorized agent, in a manner satisfactory to the Registrar. Upon such surrender, the Registrar shall cancel the surrendered Note and shall authenticate and deliver, without charge to the Owner or transferee therefor (other than any governmental fees or taxes payable on account of such transfer), a new Note or Notes (at the option of the new Owner), of the same maturity and interest rate and for the same aggregate principal amount, in any authorized denomination, naming as Owner the person or persons listed as the assignee on the assignment form appearing on the surrendered Note, in exchange for such surrendered and cancelled Note. On and after the Book-Entry Termination Date, any Note may be surrendered at the principal corporate trust office of the Registrar and exchanged, without charge, for an equal aggregate principal amount of Notes, in any authorized denomination. The Registrar shall not be obligated to transfer or exchange any Note during the 15 days preceding the maturity date. The Registrar may become the Owner of any Note with the same rights it would have if it were not a Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as a member of, or in any other 8 1ST DRAFT 1/8/01 For Discussion Purposes Only capacity with respect to, any committee formed to protect the rights of the Owners of the Notes. The City covenants that, until all Notes shall have been surrendered and cancelled, it will maintain a system of recording the ownership of each Note that complies with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"). Section 10. Mutilated, Lost, Stolen or Destroyed Notes. If any Note becomes mutilated, lost, stolen or destroyed, the Registrar may authenticate and deliver a new Note of the same maturity and interest rate and of like tenor and effect in substitution therefor, all in accordance with law. If such mutilated, lost, stolen or destroyed Note has matured, the City at its option, may pay the same without the surrender thereof. However, no such substitution or payment shall be made unless and until the applicant shall furnish (a) evidence satisfactory to the Registrar of the destruction or loss of the original Note and of the ownership thereof, and (b) such additional security, indemnity or evidence as may be required by or on behalf of the City. No substitute Note shall be furnished unless the applicant shall reimburse the City and the Registrar for their respective expenses in the furnishing thereof. Any such substitute Note so furnished shall be equally and proportionately entitled to the security of this ordinance with all other Notes issued hereunder. Section 11. Defeasance. If money and/or "Government Obligations" (as such obligations are defined in Chapter 39.53 RCW, as now in existence or hereafter amended) maturing at such times(s) and beating such interest to be earned thereon (without any reinvestment thereof) as will provide a series of payments which shall be 9 1ST DRAFT 1/8/01 For Discussion Purposes Only sufficient, together with any money initially deposited, to provide for the payment of the principal of and interest on all or a portion of the Notes, when due in accordance with their terms in accordance with a refunding plan adopted by the City, are set aside in a special fund (hereinafter called the "trust account") to effect such payment and are pledged irrevocably for the purpose of effecting such payment, then no further payments need be made into the Note Fund for the payment of the principal of and the interest on such Notes, the Owners thereof shall cease to be entitled to any lien, benefit or security of this ordinance except for the right to receive the money and the principal and interest proceeds on the obligations set aside in the trust account, and such Notes shall no longer be deemed to be outstanding hereunder. Section 12. Sale of the Notes. The Purchaser has presented the Purchase Agreement to the City pursuant to which the Purchaser has offered to purchase the Notes, under the terms and conditions provided in the Purchase Agreement, which written Purchase Agreement is on file with the City Clerk and is incorporated herein by this reference. The City Council finds that entering into the Purchase Agreement is in the City's best interest and therefore accepts the offer contained in the Purchase Agreement and authorizes the execution of the Purchase Agreement by City officials. The Notes will be prepared at City expense and will be delivered to the Purchaser in accordance with the terms of the Purchase Agreement with the approving legal opinion of the City's bond counsel relative to the issuance of the Notes printed on each Note or attached thereto. Bond counsel has not been engaged to participate in the preparation or review of, or express any opinion concerning the completeness or accuracy of the official statement or other disclosure documentation used in connection with the offer or sale of 10 1ST DRAFT 1/8/01 For Discussion Purposes Only the Notes by any person, and bond counsel's opinion shall so state. Bond counsel has not been retained to monitor, and shall not be responsible for monitoring, the City's compliance with any federal law or regulations to maintain the tax-exempt status of the interest on the Notes. Section 13. Delivery of Notes; Temporary Notes. The proper City officials, including the City Treasurer, are authorized and directed to execute and/or approve, as appropriate, all documents, including but not limited to, the final Official Statement pertaining to the Notes, and to do everything necessary for the preparation and delivery of a transcript of proceedings pertaining to the Notes, and the printing, execution and prompt delivery of the Notes to the Purchaser and for the proper application and use of the proceeds of the sale thereof. If definitive Notes are not ready for delivery by the date established for closing (the "Closing"), the City Treasurer, upon the approval of the Purchaser, may cause to be issued and delivered to the Purchaser one or more temporary Notes with appropriate omissions, changes and additions. Any temporary Note or Notes shall be entitled and subject to the same benefits and provisions of this ordinance with respect to the payment, security and obligation thereof as definitive Notes authorized hereby. Such temporary Note or Notes shall be exchangeable without cost to the Owners thereof for definitive Notes when the latter are ready for delivery. Section 14. Application of Note Proceeds. The accrued interest on the Notes received by the City upon the sale of the Notes, if any, shall be deposited into the General Fund and shall be applied to the payment of interest coming due on the Notes. The principal proceeds of the Notes shall be deposited in the General Fund of the City and 11 1ST DRAFT 1/8/01 For Discussion Purposes Only used solely for the purpose of paying the cash flow deficits in the City's General Fund resulting from budgeted expenditures, and any interest received from the deposit or investment of such proceeds shall be applied and used solely for such purposes. Section 15. Permitted Financing of Cumulative Cash Flow Deficit. Based upon the reasonably expected amounts of sales, excise and general ad valorem property taxes and other revenue to be collected in 2001 (including investment proceeds of the Notes) and that are expected to be available to make General Fund expenditures in 2001 (computed by treating a reasonably working capital reserve in an amount not exceeding 5% of the total General Fund expenditures in the prior fiscal year as not being available to make those expenditures), the City Council finds that the principal amount of the Notes does not exceed the maximum anticipated "cumulative cash flow deficit" (as defined by Section 148 of the Code, and applicable Treasury Regulations thereunder) expected to occur in the City's General Fund during 2001 and that is to be financed with the proceeds of the Notes. Section 16. Tax-Exemption Covenants. The City covenants that it will not take or permit to be taken on its behalf any action that would adversely affect the exclusion of the interest on the Notes from gross income for purposes of federal income taxation, and will take or require to be taken such acts as may be permitted by Washington law and as may from time to time be required under applicable law to continue the exclusion of the interest on the Notes from gross income for purposes of federal income taxation. Without limiting the generality of the foregoing, the City will not invest or make or permit any use of the proceeds of the Notes or of its other money at any time during the 12 1ST DRAFT 1/8/01 For Discussion Purposes Only term of the Notes which would cause the Notes to be "arbitrage bonds" within the meaning of Section 148 of the Code. The City covenants that, if all the proceeds of the Notes have not been spent within six months from the date of issuance of the Notes, it will calculate or cause to be calculated, and shall rebate to the United States, all earnings from the investment of Note proceeds that are in excess of the amount that would have been earned had the yield on such investments been equal to the yield on the Notes, plus income derived from such excess earnings, to the extent and in the manner required by Section 148 of the Code. The City has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that the City is a bond issuer the arbitrage certifications of which may not be relied upon. The City will take no actions and will make no use of the proceeds of the Notes or any other funds held under this ordinance which would cause any Note to be treated as a "private activity bond" (as defined in Section 141(b) of the Code) subject to treatment under said Section 141(b) as an obligation not described in Section 103(a) of the Code, unless the tax exemption thereof is not affected. Section 17. Preliminary Official Statement Declaration. The City has been provided with copies of a preliminary official statement dated January __, 2001 (the "Preliminary Official Statement"), prepared in connection with the sale of the Notes. For the sole purpose of the Purchaser's compliance with Securities and Exchange Commission Rule 15c2-12(b)(1), the City "deems final" the Preliminary Official Statement, as of its date, except for the omission of information on offering prices, 13 1ST DRAFT 1/8/01 For Discussion Purposes Only interest rates, selling compensation, delivery dates, ratings, other terms of the Notes dependent on such matters. Section 18. Undertaking to Provide Continuing Disclosure. This section constitutes the City's written undertaking for the benefit of the Owners and Beneficial Owners of the Bonds required by subsection (b)(5)(i) of Rule 15c2-12 (the "Rule") of the United States Securities and Exchange Commission (the "SEC"). The City hereby agrees to provide or cause to be provided to each then existing nationally recognized municipal securities information repository designated by the SEC ("NRMSIR") and to the state infoImation depository ("SID"), if one is created, the following annual financial information and operating data (collectively, the "Annual Financial Information") for each prior fiscal year, commencing with the fiscal year ending December 31,2001, on or before the last day of the ninth month following the end of such prior fiscal year: (a) Annual financial statements prepared in accordance with the generally accepted accounting principles applicable to governmental units, as such principles may be changed from time to time and as permitted by state law; which statements will not be audited, except that if and when audited financial statements are otherwise prepared and available to the City, they will be provided (the "Annual Financial Statements"); (b) Authorized, issued and outstanding balance of general obligations bonds; (c) The assessed valuation for the fiscal year 14 1ST DRAFT 1/8/01 For Discussion Purposes Only (d) The regular property tax levy rate and regular property tax levy rate limit for the fiscal year; and (e) A narrative explanation of the reasons for any amendments to this Section 14 made during the previous fiscal year and the impact of such amendments on the Annual Financial Information being provided. In its provision of such financial information and operating data, the City may cross-reference to any "final official statement" (as defined in the Rule) available from the Municipal Securities Rulemaking Board (the "MSRB") or any other documents theretofore provided to each then existing NRMSIR or the SID, if one is created. If not submitted as part of the Annual Financial Information, then when and if available, the City shall provide its Annual Financial Statements, which shall have been audited by such auditor as shall be then required or permitted by the State law, to each then existing NRMSIR and to the SID, if one is created. The City further agrees to provide or cause to be provided, in a timely manner, to the SID, if one is created, and to either the MSRB or each then existing NRMSIR, notice of any of the following events with respect to the Notes, if material: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 15 1ST DRAFT 1/8/01 For Discussion Purposes Only 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the Notes; 7. Modifications to rights of the Owners of the Notes; 8. Optional redemptions of the Notes; 9. Defeasances of the Notes; 10. Release, substitution or sale of property securing repayment of the Notes; and 11. Rating changes. The City also agrees to provide or cause to be provided, in a timely manner, to the SID, if one is created, and to either the MSRB or each then existing NRMSIR, notice of its failure to provide the Annual Financial Information for the prior fiscal year on or before the last day of the ninth month following the end of such prior fiscal year. After the issuance of the Notes, so long as the interests of the Owners or Beneficial Owners of the Notes will not be materially impaired thereby, as determined by a party unaffiliated with the City (including, without limitation, a trustee for the Owners, nationally recognized bond counsel or other counsel familiar with the federal securities law), or pursuant to a favorable "no-action letter" issued by the SEC, this Section 18 may only be amended in connection with any change in legal requirements, change in law, or change in the identity, nature or status of the obligated person, or type of business conducted, and only in such a manner that the undertaking of the City, as so amended, would have complied with the requirements of the Rule at the time of the primary 16 1ST DRAFT 1/8/01 For Discussion Purposes Only offering, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances. The City's obligations to provide Financial Information and notices of certain events shall terminate without amendment upon the defeasance, prior redemption or payment in full of all of the then outstanding Notes. This Section 18 or any provision hereof, shall be null and void if the City (i) obtains an opinion of nationally recognized bond counsel or other counsel familiar with the federal secur/ties laws to the effect that those portions of the Rule which require this Section 18 or any such provision are invalid, have been repealed retroactively or otherwise do not apply to the City; and (ii) notifies and provides the SID, if any, and either the MSRB or each then existing NRMSIR with copies of such opinion. The right of each Owner and Beneficial Owner of Notes to enforce the provisions of this Section 18 shall be limited to the right to obtain specific enforcement of the City's obligations under this Section 18, and any failure by the City to comply with the provisions of this undertaking shall not be a default with respect to the Notes under this ordinance. The City Treasurer is authorized and directed to take such further action on behalf of the City as may be necessary, appropriate or convenient to carry out the requirements of this Section 18. Section 19. Contract; Severability. The covenants contained in this ordinance shall constitute a contract between the City and the Owners of each and every Note. The City unconditionally covenants that it wilt keep and perform all of the covenants of the Notes and this ordinance. If any one or more of the provisions of this ordinance shall be 17 1ST DRAFT 1/8/01 For Discussion Purposes Only declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining provisions of this ordinance or the Notes, and this ordinance and the Notes shall be construed and enforced as if such unconstitutional or invalid provision had not been contained herein. Section 20. Effective Date. This ordinance shall take effect and be in full force ten days after passage and publication of an approved summary, consisting of the title. APPROVED by the City Council of the City of Bremcrton, Washington, the 17th day of January, 2001. PASSED by the City Council of the City of Bremerton, Washington, this 24th day of January, 2001. JOHN LAW, Council President APPROVED this __ day of January, 2001. LYNN HORTON, Mayor ATTEST: Kathleen McCluskey, City Clerk APPROVED AS TO FORM: By Judith Andrews, Bond Counsel 18 1ST DRAFT 1/8/01 For Discussion Purposes Only PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 19 PRELIMINARY OFFICIAL STATEMENT DA TED JANUARY 16, 2001 BOOK-ENTRY ONLY NEW iSSUE NEGOTIATED RATING: Not Applied For In the opinion of Bond Counsel, as of the Date of Issue, and assuming the City fulfills its covenant to comply with certain requirements of the Internal Revenue Code of 1986, as amended (the ~Code") that must be met subsequent to the issuance of the Notes: interest on the Notes is excluded from gross income for federal income tax purposes, and is not an item of tax preference for purposes of determining the alternative minimum tax on individuals and corporations; and the Notes are not ~qualified tax-exempt obligations' for purposes of the partial interest expense deduction available under Section 265 of the Code. None of the interest expense incurred by banks and other financial institutions allocable to the purchase of carrying of the Notes may be deducted by such institutions. See "TAX EXEMPTION" and "OTHER TAX CONSEQUENCES" herein. CITY OF BREMERTON, WASHINGTON $1,250,000 TAX ANTICIPATION NOTES, 2001 DATED: February 1, 2001 DUE: January 31, 2002 The City's Tax Anticipation Notes, 2001 (the "Notes"), are issued in fully registered form, and will be fully registered in the name of Cede & Co., as Note owner and nominee for The Depository Trust Company ("DTC"), New York, New York. DTC will act as securities depository for the Notes. The Notes will be initially issued in book-entry form only in the value of $50,000 or any integral multiple thereof. Purchasers will not receive certificates representing their interest in the Notes purchased. The Notes bear interest from their date payable at maturity. The principal of and interest on the Notes are payable by the fiscal agency of the State of Washington, currently The Bank of New York, New York, New York and, (the "Fiscal Agent" or "Registrar"). For so long as the Notes remain in a "book-entry only" transfer system, the Fiscal Agent will make such payments only to DTC, which will in turn remit such principal and interest to the DTC participants for subsequent disbursement to Beneficial Owners of the Notes as described in Appendix B "DTC AND BOOK-ENTRY SYSTEM" hereto." MATURITY Due Amount Rate Yield or Price January 31, 2002 $ 1,250,000' % The Notes will not be subject to redemption prior to their stated maturity. The Notes are limited tax general obligations of the City. The City has irrevocably covenanted that, unless the principal of and interest on the Notes are paid from other sources, so long as the Notes are outstanding, the City will levy taxes annually within the constitutional and statutory limitations provided by law without a vote of the people upon all of the property in the City subject to taxation in amounts which, together with any other money legally available therefor, shall be sufficient to pay the principal and interest on the Notes as the same shall become due. The City has irrevocably pledged its full faith, credit and resources to the annual levy and collection of such taxes and for the prompt payment of such principal and interest. See "DESCRIPTION OF THE NOTES - Security" herein. The City has designated the Notes as "qualified tax-exempt obligations" under the Internal Revenue Code of 1996, as amended, for banks, thrift institutions and other financial institutions. See "OTHER TAX CONSEQUENCES" herein. The Notes are offered by the Underwriter when, as, and if issued, subject to the approving legal opinion of Gottlieb, Fisher & Andrews, PLLC, Bond Counsel, Seattle, Washington, a copy of which opinion will be delivered with the Notes. The Notes in definitive book-entry form will be ready for delivery through the facilities of DTC in New York, New York, on or around February 8, 2001. This cover page contains certain information for quick reference only. It is not a summary of this issue. Investors must read the entire Official Statement to obtain information essential to making an informed investment decision. Banc of America Securities LLC *Preliminary subject to change Representations The Underwriter has provided the following sentence for inclusion in this Official Statement. The Underwriter has reviewed the information in this Official Statement in accordance with, and as part of, its responsibilities to investors under the federal securities laws as applied to the facts and circumstances of this transaction, but the Underwriter does not guarantee the accuracy or completeness of such information. The delivery of this Official Statement does not imply that the information contained herein is correct as of any time subsequent to the date of the Official Statement as shown on the cover page. Neither the City nor the Underwriter has authorized any dealer, broker, salesperson or other persons to give any information or make any representations other than those made in this Official Statement, and, if given or made, such other information or representations must not be relied upon as having been authorized by the City or the Underwriter. This Official Statement does not constitute an offer to sell, nor shall there be any sale of the Notes by any person in any jurisdiction in which it is unlawful for such person to make such a sale. Disclosure Statement The City will deliver to the Underwriter at the time of delivery of the Notes a signed statement substantially to the effect that this Preliminary Official Statement, as of its date and as of the date of the Notes, neither contains any untrue statement of a material fact nor omits to state any material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading in any material respect and, to its knowledge, that there has not been any material adverse change in the normal operations or financial condition of the City nor, to the best of the City's knowledge, in the general economy of the City since the date of the Preliminary Official Statement. This Preliminary Official Statement, as of its date, is in a form "deemed final" by the. City for purposes of SEC Rule 15c2-12(b)(1) but is subject to revision, amendment, and completion in a final Official Statement which will be available within seven days of the sale date. Secondary Market It has been the practice of the Underwriter to maintain a secondary market in municipal Notes which it sells. The Underwriter intends to engage in secondary market trading of the Notes, subject to applicable securities laws. The Underwriter, however, is neither obligated to engage in secondary trading nor to repurchase any of the Notes at the request of the registered owners thereof and no assurance can be given that a secondary market for the Notes will be available. In connection with the offering of the Notes, the Underwriter may over-allot or effect transactions that stabilize or maintain the market price of the Notes at a level above that which might otherwise prevail in the open market. Such stabilizing, if commenced, may be discontinued at any time. ii CITY OF BREMERTON Kitsap County, Washington 239 Fourth Street Bremerton, Washington 98337 (360) 478-5290 MAYOR Term Expires December 31 Lyrm Horton 2001 CITY COUNCIL John Law Chairperson 2001 Wayne Olsen Member 2001 Carol Arends Member 2001 Mike Shepherd Member 2001 Cecil McConnell Member 2003 Conrad Esser Member 2003 David Farr Member 2003 Edward Rollman Member 2003 Jim Reed Member 2001 APPOINTED CITY OFFICIALS Richard Hanna Treasurer Kathleen McCluskey Administrative Services Director/City Clerk BOND COUNSEL Gottlieb, Fisher & Andrews, PLLC Seattle, Washington UNDERWRITER Banc of America Securities LLC Seattle, Washington iii 57 TABLE OF CONTENTS Page In~oduction .............................................................................................................................................................. 1 Description of ~c Notes ........................................................................................................................................... [ Debt Payment Record ............................................................................................................................................... 2 Future Financing ....................................................................................................................................................... 2 Assessed Valuation Determination ........................................................................................................................... ;3 Tax Collection Procedure ......................................................................................................................................... 3 Authorization of Debt ............................................................................................................................................... 3 General Obligation Indebtedness ............................................................................................................................. 3 Limits on Amount of General Obligation Indebtedness .......................................................................................... 4 Authorization of Short-Term Debt ........................................................................................................................... 4 Taxing Powers and Limitations ................................................................................................................................ 5 Initiative and Referendum ........................................................................................................................................ 5 Auditing of City Finances ......................................................................................................................................... 6 Authorized Investments ............................................................................................................................................ 6 Net Direct Debt and Estimated Net Overlapping General Obligation Debt ............................................................ 8 Bonded Debt Ratios of the City ................................................................................................................................ 8 Statutory Debt Limit Calculation ............................................................................................................................. 9 Ad Valorem Tax Record of the City ........................................................................................................................ 9 Ad Valorem Property Tax Rates in the City .......................................................................................................... 10 Major Property Taxpayers ...................................................................................................................................... 10 Comparative Statement of General Fund Revenues and Expenditures ................................................................. 10 Contingency Reserve Fund Year-End Balances ..................................................................................................... 11 General Fund Budget for 2000 and 2001 ............................................................................................................... 11 Schedule of General Obligation Bond Debt Service for the City .......................................................................... 13 City Profile ............................................................................................................................................................. 13 General and Economic Information ....................................................................................................................... 15 Preservation of Tax Exemption .............................................................................................................................. 19 Conflicts of Interest ................................................................................................................................................ 19 Tax Exemption ....................................................................................................................................................... 19 Other Tax Consequences ........................................................................................................................................ 19 Absence of Material Litigation ............................................................................................................................... 20 Approval of Bond Counsel ..................................................................................................................................... 20 Continuing Disclosure ............................................................................................................................................ 20 Underwriting ........................................................................................................................................................... 22 Concluding Statement ............................................................................................................................................. 22 Form of Legal Opinion ........................................................................................................................... Appendix A DTC and Book-Entry System ................................................................................................................. Appendix B iv PRELIMINARY OFFICIAL STATEMENT CITY OF BREMERTON, WASHINGTON $1,250,000' TAX ANTICIPATION NOTES, 2001 INTRODUCTION The City of Bremerton, Washington (the "City"), a municipal corporation duly organized and existing under and by virtue of the laws of the State of Washington, furnishes this Official Statement in connection with the offering of $1,250,000' principal amount of Tax Anticipation Notes, 2001 (the "Notes"). This Official Statement provides information concerning the City and the Notes. DESCRIPTION OF THE NOTES Principal Amount, Date, Interest Rate, and Maturity The Notes will be issued in the principal amount of $1,250,000' and will be dated and bear interest from February 1,2001 until their stated maturity. The Notes will mature on January 31, 2002, and will bear interest, payable at maturity, at the rate of % per annum. Interest on the Notes will be computed on the basis of a 360-day year of twelve 30-day months. Optional Redemption The City has not reserved the right to redeem the Notes prior to maturity. Paying Agent Principal of and interest on the Notes will be payable by the State fiscal agency (the "Fiscal Agent" or "Registrar") in New York, New York, currently The Bank of New York, (or such other fiscal agency or agencies as the City Treasurer may from time to time designate). So long as Cede & Co. is the registered owner of the Notes, principal of and interest on the Notes are payable by wire transfer by the Registrar to DTC, which, in turn, is obligated to remit such principal and interest to the DTC Participants for subsequent disbursement to the Beneficial Owners of the Notes, as further described in Appendix B "DTC AND BOOK-ENTRY SYSTEM." Form, Denomination and Registration The Notes will be issued in fully registered form as to both principal and interest in the denomination of $50,000 or any integral multiple thereof. The Notes, when issued, will be registered in the name of Cede & Co., as registered owner and nominee of The Depository Trust Company, New York, New York ("DTC"). Book-Entry Transfer System DTC will act as securities depository for the Notes. Individual purchases may be made in book-entry form only. Purchasers will not receive certificates representing their interest in the Notes purchased. So long as Cede & Co. is the registered owner of the Notes, as nominee of DTC, references herein to the registered owners or Note owners will mean Cede & Co. and will not mean the "Beneficial Owners" of the Notes. In this Official Statement, the term "Beneficial Owner" will mean the person for which a DTC participant acquires an interest in the Notes. See Appendix B "DTC AND BOOK-ENTRY SYSTEM" hereto. * Preliminary, subject to change. 1 Termination of Book-Entry Transfer System If the City is unable to retain a qualified successor to DTC or the City has determined that it is in the best interest of the City not to continue the book-entry system of transfer or that interests of the Beneficial Owners of the Notes might be adversely affected if the book-entry system of transfer is continued, the City will execute, authenticate and deliver at no cost to the Beneficial Owners of the Notes or their nominees, Notes in fully registered form, in the denomination of $50,000 or any integral multiple thereof. Thereafter, the principal of and interest on the Notes will be payable to the persons who are named as registered owners of the Notes on the registration books for the Notes upon presentation and surrender thereof at the principal corporate trust office of the Registrar, and the Notes will be transferable as provided in the Note Ordinance. Authorization The Notes are issued in accordance with the provisions of the Constitution and applicable statutes of the State of Washington, pursuant to Ordinance No. (the "Ordinance") of the City Council, adopted on January __, 2001. Security The Notes are limited tax general obligations of the City. Unless the principal of and interest on the Notes are paid from other sources, so long as the Notes are outstanding, the City has irrevocably covenanted to levy taxes annually within the constitutional and statutory limitations provided by law without a vote of the people upon all of the property within the City subject to taxation in amounts which, together with any other money legally available therefor, shall be sufficient to pay the principal and interest on the Notes as the same shall become duc. The City has irrevocably pledged its full faith, credit and resources to the annual levy and collection of such taxes and for the prompt payment of such principal and interest. The City has irrevocably covenanted that any tax levied and collected as provided for in the Note Ordinance for the payment of the principal of and interest on thc Notes shall be within and as a part of the tax levy permitted thc City without a vote of the people and that a sufficient portion of each such annual tax levy to bc made so long as the Notes are outstanding, together with any other money legally available therefor, will be and is thereby set aside and pledged for the payment of thc principal of and interest on the Notes as the same shall become due. Purpose The proceeds of the Notes will be used to provide cash flow management of the City's General Fund revenues and expenditures, in anticipation of the collection of sales, excise and general ad valorem property taxes and other money due the City's General Fund in 2001, and paying the costs of issuance and sale of the Notes, all as approved by the City Council. Failure to Redeem the Notes If any Note is not paid when properly presented at its maturity, the City is obligated to pay interest on that Note at the same rate provided in the Note from and after its maturity until that Note, both principal and interest, is paid in full. DEBT PAYMENT RECORD The City has always promptly met principal and interest payments on outstanding obligations when due. Additionally, no refunding Bonds have been issued for the purpose of preventing an impending default. FUTURE FINANCING The City is issuing $3A million of Limited Tax General Obligation Bonds sometime in the first half of .............. ,,~,oLj ................................... The City has no additional plans for long-term debt issuance over the next 12 months. 2 ASSESSED VALUATION DETERMINATION In the State of Washington, the County Assessor (the "Assessor") determines the value of all real and personal property throughout the County (including the City) which is subject to ad valorem taxation. The Assessor's duties and methods of determining value are prescribed and controlled by statute and by detailed regulations promulgated by the Department of Revenue of the State of Washington. For tax purposes the assessed value of property is set at 100% of its actual value. Property in Kitsap County is revalued annually based on market sales and receives an on-site appraisal every six years. The property is listed by the Assessor on a tax roll at its current assessed value and the tax roll is filed in the Assessor's office. The Assessor's determinations are subject to revision by the County Board of Equalization and, for certain property, subject to further revision by the State Board of Equalization. After all administrative procedures are completed, the taxing unit receives the Assessor's final certificate of assessed value of property within the taxing unit. TAX COLLECTION PROCEDURE Property taxes are levied in specific amounts, and the rate for all taxes levied for all taxing cities in the County (including the City) are determined, calculated and fixed by the Assessor based upon the assessed valuation of the property within the various taxing cities. The Assessor extends the taxes to be levied within each taxing City upon a tax roll which contains the total amount of taxes to be so levied and collected and assigns a tax account number to each tax lot. The tax roll is delivered to the Kitsap County Treasurer by January 15 of each year, and an abstract of the tax roll, showing the total amount of taxes collectible in each of the taxing cities for the year, is delivered to the Board of County Commissioners at the same time. All taxes are due and payable on the 30th of April of each year, but if the amount due from a taxpayer exceeds thirty dollars ($30.00), one-half may be paid then and the balance no later than October 31 of each year. The method of giving notice of payment of taxes due, accounting for the money collected, the division of the taxes among the various taxing cities, giving notice of delinquency, and collection procedure are all covered by detailed statutes. The lien for ad valorem property taxes which have been levied prior to the filing of federal tax liens is prior to such federal tax liens. In other respects, and subject to the possible "Homestead Exemption," the lien for delinquent property taxes is prior to all other liens or encumbrances of any kind on real or personal property subject to taxation. By law (Chapter 6.13 RCW) the taxing unit may commence foreclosure of a tax lien on real property after three (3) years have passed since the first delinquency. Washington State's courts have not decided whether the Homestead Exemption may give the occupying home owner a right in the forced sale of the family residence for delinquent general property taxes to retain the first $30,000 of proceeds of the sale. (See Algona vs. Sharp, 30 Wn. App. 837, 638 P.2d 627 (1982), holding the homestead right superior to liens for local improvement district assessments). AUTHORIZATION OF DEBT The power of the City to contract debt of any kind is controlled and limited by state law. All debt must be set forth in accordance with detailed budget procedures and paid for out of identifiable receipts and revenues. The budget must be balanced for each fiscal year. It is unlawful for an officer or employee of the City to incur liabilities in excess of budgetary appropriations. GENERAL OBLIGATION INDEBTEDNESS Under the Constitution and statutes of the State, the City may incur two types of general obligation indebtedness. The two types are primarily differentiated by the limits on the real and personal property taxes which may be collected for the payment thereof. Limited tax general obligation indebtedness is payable from taxes upon all the taxable property in the City which may be imposed by the City within the limitations prescribed by State statute without a vote of the people 3 (sometimes referred to as "non-voted debt" or "non-voted bonds" or "councilmanic bonds or notes"). The statutory limits on the levy of such taxes are described in the section herein entitled "LiMiTS ON AMOUNT OF GENERAL OBLIGATION INDEBTEDNESS." Unlimited tax general obligation indebtedness is payable from taxes without limitation as to rate or amount, imposed upon all taxable property in the City. Unlimited tax indebtedness may be incurred only after approval by 60% of the City voters at an election in which the total vote cast exceeds 40% of the votes cast at the last preceding general election of the City or State. Such unlimited tax indebtedness is sometimes referred to as "voted debt," "voted bonds" or "unlimited tax bonds." Bonds issued to refund outstanding general obligation indebtedness of either type may be issued without voter approval. LIMITS ON AMOUNT OF GENERAL OBLIGATION INDEBTEDNESS State statutes limit the total principal amount of all City general obligation indebtedness incurred for "general" purposes, both limited tax and unlimited tax, to 2.5% of the actual value of taxable property within the City. Within this 2.5% limitation, non-voted indebtedness is further limited to 1.5% of the value of such taxable property. The City is additionally authorized to incur general obligation indebtedness for the following "special" purposes, with voter approval, in the total principal amount of up to the following percentages of the actual value of taxable property within the City: water, artificial light and sewers: 2.5%; open space and park facilities: 2.5% and capital facilities associated with economic development: 2.5%. The combination of unlimited tax and limited tax general obligation debt for all purposes cannot exceed 7.5% of the City's assessed valuation. The State statutory limits on City general obligation indebtedness described in this section are more restrictive than those contained in the State Constitution. Both the Constitutional and statutory debt limits may be exceeded if necessary to meet obligations made mandatory by State law or, if necessary, to maintain the corporate existence of the City. In computing total general obligation indebtedness, the following "assets" may be deducted against the principal amount of indebtedness outstanding: (a) money and investments on deposit in general obligation bond retirement funds: (b) taxes (both current and delinquent) levied for the payment of general obligation indebtedness; and (c) delinquent (but not current) taxes due the general fund. In addition to limits on the total principal amount of general obligation indebtedness described in this section, the Constitution and statutes of the State impose other limitations on the City's levy of taxes upon real and personal property. (See section herein entitled "TAXING POWERS AND LIMITATIONS".) AUTHORIZATION OF SHORT-TERM DEBT As a result of 1982 legislation, any Washington municipal corporation may borrow money and issue short-term obligations, the proceeds of which may be used for any lawful purpose. Short-term obligations may be issued in anticipation of the receipt of revenues, taxes, or grants or the sale of (1) general obligation bonds if the bonds may be issued without the consent of the voters or if previously ratified by the voters; (2) revenue bonds if the bonds have been authorized by ordinance or resolution; or (3) local improvement district bonds if the bonds have been authorized by ordinance or resolution. These short-term obligations shall be repaid out of money derived from the source or sources in anticipation of which they were issued or from any money legally available for this purpose. Additionally, the City may incur short-term indebtedness in the following ways: first, in an emergency, the Council members may put a plan into effect and authorize indebtedness outside the current budget. All expenditures for emergency purpose shall be paid by warrants form any available money in the fund properly chargeable with such expenditures. If there is insufficient money on hand in the fund, the warrants become registered interest-bearing warrants. In adopting the budget for any fiscal year, the Council members shall appropriate funds to retire any outstanding registered warrants issued since the adoption of the last preceding budget. Second, the City may, without a vote of the electors, purchase property on a conditional sales contract if 4 the total contract amount, together with the other non-voted general obligation indebtedness of the City, does not exceed 3/4 of 1% of the value of taxable property in the City; any item so purchased must be budgeted for payment in accordance with the terms of the contract. TAXING POWERS AND LIMITATIONS Pursuant to Chapter 84.52.043 RCW, cities may levy, without a vote of the residents residing therein, a maximum of $3.375 per thousand for general city purposes (the "regular levy"). Cities with full-time firemen may levy an additional $.225 per thousand to fund the city's Fireman's Pension Fund (Chapter 41.16.060 RCW), thus creating a maximum annual levy rate of $3.60 per thousand. The City is levying $3.325291 per $1,000 of taxable assessed valuation for its regular levy in 20001. According to RCW 27.12.390, any city or town annexed to a rural library district, island library district, or inter- county rural library district, such as the City, shall be entitled to levy up to $3.60 per thousand dollars of assessed valuation less any regular levy made by such library district in the incorporated area, notwithstanding any other provision of law. A city's regular property taxes are subject to the provisions of a state statute limiting the growth of annual property taxes (RCW 84.55.010). The limitation, which was amended by the Property Tax Act (enacted as Senate Bill 5835 by the Washington Legislature in 1997 and adopted and ratified at the November 1997 general election) provides that the regular property taxes payable in the following year shall not exceed the amount of the single highest regular levy amount lawfully levied by the municipal entity in the three immediately preceding calendar years multiplied by a limit factor, plus an additional amount due to the incremental assessed valuation increase in. the municipal entity caused by new construction and property improvements. The limit factor is defined in the Property Tax Act as (i) the lesser of 106% or 100% plus inflation, or (ii) any amount up to 106% if approved by a majority plus one vote of the governing body of the municipality upon a finding of substantial need. The regular property taxes levied by a city may be increased above the limit factor upon the affirmative vote of a majority of the voters residing in the municipal entity at an election held for such purposes (RCW 84.55.050). INITIATIVE AND REFERENDUM Under the State Constitution, the voters of the State have the ability to initiate legislation and modify existing legislation through the powers of initiative and referendum, respectively. The initiative power in Washington may not be used to amend the State Constitution. Initiatives and referenda are submitted to the voters upon receipt of a petition signed by at least 8% (initiative) and 4% (referenda) of the number of voters registered and voting for the office of Governor at the preceding regular gubernatorial election. Any law approved in this manner by a majority of the voters may not be amended or repealed by the Legislature within a period of two years following enactment, except by a vote of two-thirds of all the members elected to each house of the Legislature. After two years, the law is subject to amendment or repeal by the Legislature in the same manner as other laws. Initiative 695 Washington State Initiative Measure No. 695 ("I-695"), requiring voter approval for any increase in taxes, impact fees, permit fees, or any governmental "monetary charge," was approved by voters on November 2, 1999. Many aspects of 1-695 were challenged in court. On October 26, 2000, the Washington Supreme Court declared 1-695 unconstitutional in its entirety. Initiative 722 On November 7, 2000, the State's voters approved Initiative No. 722 ("I-722"). 1-722 provides that any "tax" increase adopted by the State or any local government from July 2, 1999 (the date on which 1-695 first qualified for the ballot) through December 31, 1999 (the last day before the effective date of 1-695) is null and void and must be refunded to the taxpayers. "Tax" is defined in 1-722 to include, but is not limited to, water, sewer and utility charges, sales and use taxes, property taxes, business and occupation taxes, impact, license and permit 5 fees, and any monetary charge by government. 1-722 purports to exempt persons from paying the portion of property taxes attributable to any increase in value of property (other than for new construction or manufacture) over its 1999 valuation level, plus the lesser of two percent per year or the annual inflation rate (whichever is less). The measure also reduces the limit on the total dollar amount of regular property taxes that may be levied annually by a taxing district, without a vote of its electors, from 106% to 102% of the highest levy in the three previous years. Further, it eliminates a statutory provision that allowed taxing districts to forego non-voted tax increases in any year, yet when levying taxes in future years to calculate the allowable tax level on a base that included the years in which no tax increase was actually imposed. The City implemented several tax and fee increases during the period between July 2 and December 31, 1999 ~,1.~,,1~ ~1,.. ....... +~ +1~ ...........F .... 1~ ........ -1 ^,*. +1.. ..... 1~-~ ....... ........... s ...... s ......... s ........... ., ..... ~ ........ s ......... v .....All of these tax and fee increases were reauthorized by the City Council in December of 2000, prior to the effective date of Initiative 722. Several Washington municipalities, taxpayers and social service providers have recently filed lawsuits challenging various aspects of 1-722, including its overall constitutionality, whether a refund of a "tax" that was properly imposed constitutes an unconstitutional gift of public funds and whether a refund unlawfully affects certain municipalities' ability to comply with their contractual obligations. The City is unable to predict the outcome of these lawsuits. Future Initiative Legislation Other tax and fee initiative measures may be filed, but it cannot bc predicted whether any such initiatives might gain sufficient signatures to qualify for submission to the Legislature and/or the voters, or, if submitted, ultimately be approved. AUDITING OF CITY FINANCES The State Auditor is required to examine the affairs of cities at least once every two years. The examination must include, among other things, the financial condition and resources of the City, whether the laws and constitution of the State are being complied with, and the methods and accuracy of the accounts and reports of the City. Reports of the Auditor's examinations are required to be filed in the office of the State Auditor and in the auditing department of the City. AUTHORIZED INVESTMENTS Chapter 39.59 RCW limits the investment of public funds to the following authorized investments: bonds of the State and any local government in the State, which bonds are rated at the time of investment in one of the three highest credit ratings by a nationally recognized rating agency; general obligation bonds of other states and subdivisions thereof so long as those bonds are rated in one of the three highest categories; registered warrants of a local government within the same county as the entity making the investment; and any investment authorized by law for the treasurer of the State or any local government exclusive of certificates of deposit of banks or bank branches not located in the State. Under chapter 43.84 RCW, the State Treasurer may invest in non-negotiable certificates of deposit in designated qualified public depositories; in obligations of the U.S. government, its agencies and wholly owned corporations; in bankers' acceptances; in commercial paper; in repurchase agreements; in the obligations of the federal home loan bank, federal national mortgage association and other government corporations subject to statutory provisions. Utility revenue bonds and warrants of any city and bonds or warrants of a local improvement district are also eligible investments (RCW 35.39.030). Any municipal corporation, including the City, may authorize the investment of funds not required for immediate expenditure by the County Treasurer. Such funds of the City, including debt service funds, may be invested by the County Treasurer. The County Treasurer may, upon the request of one or more units of local government that invest their money with the County, combine those monies for the purposes of investment (RCW 36.29.022). The office of the County Treasurer receives up to five percent of the earnings on such investments, subject to a maximum of fifty dollars on each transaction, as its investment service fee. The County Treasurer may 6 reimburse its office for any expenses incurred in the establishment and maintenance of such a County investment pool (RCW 36.29.024). Local Government Investment Pool The State Treasurer's Office administers the Washington State Local Government Investment Pool (the "LGIP"), a $3.50 billion fund that invests money on behalf of more than 350 cities, counties and special taxing districts. In its management of LGIP, the State Treasury adheres, at all times, to the principles appropriate for the prudent investment of public funds. These are, in priority order, (i) the safety of principal; (ii) the assurance of sufficient liquidity to meet cash flow demands; and (iii) to attain the highest possible yield within the constraints of the first two goals. Historically, the LGIP has had sufficient liquidity to meet all cash flow demands. The LGIP, authorized by chapter 43.250 RCW, is a voluntary pool that provides its participants the opportunity to benefit from the economies of scale inherent in pooling. It is also intended to offer participants increased safety of principal and the ability to achieve a higher investment yield than would otherwise be available to them. The LGIP is a conservatively managed, highly liquid money market fund. The pool is restricted to investments with maturities of one year or less, and the average investment life typically is less than 90 days. Permissible investments include U.S. government and agency securities, bankers' acceptances, high quality commercial paper, repurchase and reverse repurchase agreements, and certificates of deposit issued by qualified Washington State depositories.Authorized Investments for Bond Proceeds Authorized Investments for Bond Proceeds In addition to the eligible investments discussed above, bond proceeds only may also be invested in mutual funds with portfolios consisting of U.S. government and guaranteed agency securities with average maturities of less than four years; municipal securities rated in one of the four highest categories; and money market funds consisting of the same, so long as municipal securities held in the fund(s) are in one of the two highest rating categories. Bond proceeds may also be invested in shares of money market funds with portfolios of securities otherwise authorized by law for investment by local governments (RCW 39.59.030). The City's Investments The investments of the City, except those of the Community Development Block Grant Fund, are managed in a pooled format. Interest earnings are distributed monthly to the individual funds based on their respective balances at the beginning of the month. These pooled investments are classified on the balance sheet as cash and equivalents. As required by state statue, all investments and deposits of the City's funds are obligations of the U.S. Government, U.S. agency issues, deposits with the State Treasurer's Investment Pool, prime bankers' acceptances, deposits with Washington State banks and savings and loan institutions or repurchase agreements with authorized securities as collateral. 7 NET DIRECT DEBT AND ESTIMATED NET OVERLAPPING GENERAL OBLIGATION DEBT1 (As of December 31,2000) Direct Debt: Voted General Obligation Bonds Outstanding ................................$ 1,005,000 Non-Voted Bonds Outstanding ....................................................... 7,435,000 The 2001 Bonds ............................................................................... 3,0100,0002, 3 [ The Notes ......................................................................................... !,250,0002 Bank Line of Credit Outstanding ..................................................... 0 Less: Debt Service Fund Balance .................................................... (324,450) Net Direct Debt .................................................................. $ 12,365,550 Estimated Net Overlapping Debt as of November 30, 2000: Net G.O. Debt Percent of Amount of Outstanding Overlap Overlap Kitsap County. ................................ $ 69,275,561 10.69% $ 7,408,648 Port of Bremerton ........................... 3,600,000 25.01 900,360 Bremerton Sch. Dist. No. 100-C ..... 23,875,000 75.34 17,986,932 Central Kitsap Sch. Dist. No. 401... 79,610,000 1.01 804,086 South Kitsap Sch. Dist. No. 402 ...... 6,969,748 0.16 [1,475 Estimated Net Overlapping Debt: ........................................... $ 27,111,501 Net Direct Plus Estimated Net Overlapping Debt: .................................... $ 39,477,051 BONDED DEBT RATIOS OF THE CITY Assessed Valuation for Collection Year 20014 ................................................... $ 1,482,231,297 Estimated City Population (2000)5 ................................................................... 36,160 Assessed Valuation Per Capita ............................................................................... $ 40,991 Net Direct Debt to Assessed Valuatiori .................................................................... 83% Net Direct and Estimated Overlapping Debt to Assessed Valuation ..................... 2.66% Net Direct Debt Per Capita ..................................................................................... $ 342 Net Direct and Estimated Overlapping Debt Per Capita ........................................ $ 1,092 I Includes the Bonds. Sources: the City and Kitsap County Assessor's and Treasurer's office. 2 Preliminary, subject to change. 3 The 2001 Bonds being issued simultaneously with the Bonds will be used to design, construct and equip new clubhouse at the Gold Mountain Golf Complex. 4 Assessed valuation for tax collection year 2001 is stated as the full assessed value of all taxable real and personal property in the City, and is preliminary, provided by the Kitsap County Assessor's office, as of December 29, 2000. 5 Source: Washington State Office of Financial Management. 8 STATUTORY DEBT LIMIT CALCULATION' (As of December 31,2000) 2000 Assessed Valuation for Collection Year 2001 .............................................. $ !,482,23 !,2972 I. General Purposes a. Non-Voted Indebtedness Limit (1.5% of Assessed Valuation) ....................... $ 22,233,469 Less: Non-Voted Bonds Outstanding ......................................................... (7,435,000) Less: The 2001 Bonds ................................................................................. (3,01_00,000)3, 4 I Less: The Notes ........................................................................................... (1,250,000)3 Plus: Cash and Investments in Debt Service Funds .................................... 324,450 Remaining Capacity for General Purposes (Non-voted) ...................... $ 10,872,919 b. Voted Indebtedness Limit (2.5% of Assessed Valuation) ................................ $ 37,055,782 Less: Voted Bonds Outstanding .................................................................. (1,005,000) Less: The Notes ........................................................................................... (1,250,000)3 Less: Non-Voted Bonds Outstanding (including the 2001 Bonds) ... (10,435,000)3'4 Plus: Cash and Investments in Debt Service Funds .................................... 324,450 Remaining Capacity for General Purposes (Voted) ............................. $ 24,690,232 II. Utility Purposes (2.5% of Assessed Valuation) Limit ............................................................................................................... $ 37,055,782 Less: Bonds Outstanding ................................................................................ 0 Remaining Capacity for Utility Purposes ............................................. $ 37,055,782 III. Parks and Open Space Purposes (2.5% of Assessed Valuation) Limit ............................................................................................................... $ 37,055,782 Less: Bonds Outstanding ................................................................................ 0 Remaining Capacity for Parks and Open Space Purposes ................... $ 37,055,782 IV. Capital Facilities for Economic Development (2.5% of Assessed Valuation) Limit ............................................................................................................... $ 37,055,782 Less: Bonds Outstanding ................................................................................ 0 Remaining Capacity for Economic Development ................................ $ 37,055,782 AD VALOREM TAX RECORD OF THE CITY5 Collection Taxable Assessed Tax Collected Year of Levy Collected as of November 30, 2000 Includes the Bonds. Sources: the City and Kitsap County Assessor's and Treasurer's offices. Assessed valuation for tax collection year 2001 is stated as the full assessed value of all taxable real and personal property in the City, and is preliminary, provided by the Kitsap County Assessor's office as of December 29, 2000. Preliminary, subject to change. The 2001 Bonds being issued simultaneously with the Bonds will be used to design, construct and equip new clubhouse at the Gold Mountain Golf Complex. Source: Kitsap County Treasurer's and Assessor's offices. 9 Year Valuation Levy Amount Percent Amount Percent 2001 $ 1,482,231,297 HA4 NA3 NA4 NA4 NA4 2000 1,410,350,733 $ 5 622,110 $ 5,328,636 94.78% $ 5,346,064 95.09% 1999 1,343,271,067 5 431,058 5,150,435 94.94 5,317,099 98.01 1998 1,345,904,065 5 450,559 5,219,429 95.76 5,405,360 99.17 1997 1,299,548,001 4 953,030 4,702,202 94.94 4,944,214 99.82 1996 1,223,940,521 4 686,230 4,482,747 95.66 4,682,795 99.93 1995 1,203,299,197 4 481,718 4,251,403 94.86 4,480,418 99.97 NOTE: Taxes are due and payable on April 30, of each year. At least one half of the tax amount due must be paid on or before April 30, or else the total amount becomes delinquent on May 1. The second half of the tax due is payable on or before October 31, becoming delinquent November 1. AD VALOREM PROPERTY TAX RATES IN THE CITY' (Rates In Dollars per $1,000 of Assessed Valuation) City School Emerg. Collection General City State 'Kitsap Port of Dist. No. Medical Regional Year Fund Bonds Schools County Bremerton 100C PUD Services Library Total 2000 $3.3250 $ 0.1578 $ 3.2808 $ 1.8552 $ 0.5006 $ 4.9954 $ 0.1008 $ 0.5000 $ 0.5000 $ 15.2150 1999 3.3250 0.2126 3.3178 1.8125 0.4814 5.1422 0.1017 0.5000 0.5000 15.3932 1998 3.3250 0.2218 3.5911 1.3908 0.4624 5.0292 0.1017 0.5000 0.5000 15.1220 1997 3.3469 0.2153 3.6467 1.6641 0.4338 5.1331 0.0998 0.2500 0.9781 15.7678 1996 3.3573 0.2255 3.4848 1.6347 0.4287 5.1551 0.0939 0.2500 0.4677 15.0977 MAJOR PROPERTY TAXPAYERS~ CITY OF BREMERTON Assessed Valuation for 2001 Taxpayer Business Collection Year Puget Sound Energy Utility $ 36,906,886 US West Communications Inc. Utility 25,397,583 Michael Connolly (Trustee for Bremer Properties) Retail/Parking 8,201,000 Bay Pointe Retirement Community Retirement/Nursing Home 7,451,057 Haselwood, Charles & Joanne Land/Automotive Retail 7,042,900 Kitsap Physicians Services Health Plans Health Care 6,834,875 Merit Company Retail 6,729,000 Erlands Associates LLC Apartments 6,688,000 Viewcrest Villages LTD Partnership Multifamily Residential 6,683,000 Complex Fir Lane Terrace Convalescent Center Convalescent Center 6,504,000 Beta Ballard LLC Retail 6,231,000 Bremerton Cascade Association Retirement Apartments 5,775,000 Cascade Natural Gas Corporation Utility 5,660,456 HealthSouth Corporation Health Care 5,033,987 COMPARATIVE STATEMENT OF GENERAL FUND REVENUES AND EXPENDITURES5 (Fiscal Year Ending December 31) Assessed valuation is stated as the assessed valuation of all taxable real and personal property in the City. Figure for 200l is preliminary as of December 29, 2000. Includes all City levies. Not available. Source: Kitsap County Assessor's Office. Source: City of Bremerton Annual Financial Reports. All years have been audited by the Washington State Auditor's Office. 10 1999 1998 1997 1996 1995 Revenues: Taxes $ 16,942,624 $ 16,201,397 $ 15,678,923 $ 15,498,917 $14,501,567 Licenses & Permits 376,370 314,340 348,796 312,203 298,989 Intergovernmental 1,114,093 1,027,234 812,436 742,432 847,272 Charges for Services 1,870,719 1,596,652 1,762,945 1,864,848 1,783,646 Fines & Forfeits 500,039 446,715 512,828 433,775 483,964 Miscellaneous 324,931 383,402 290,343 342,700 248~743 Total Revenues $ 21,128,776 $ 19,969,740 $ 19,406,271 $19,194,875 $18,164,181 Expenditures: GeneralGovernment $ 4,035,899 $ 4,075,157 $ 4,199,525 $ 5,313,516 $ 5,009,311 Security of Persons & Prop. 11,940,351 11,685,742 10,893,020 9,313,570 8,614,262 Physical Environment 549,929 555,693 613,338 942,764 848,346 Transportation 1,133,438 986,816 923,064 959,327 850,639 Economic Environment 826,067 862,864 507,996 276,689 454,250 Mental & Physical Health 24,632 24,632 24,632 30,818 264,239 Culture & Recreation 1,853,003 1,780,180 1,768,867 1,867,204 1,566,669 Redemption of LTGO Debt 0 4,194 2,688 0 0 Debt Service 55,989 57,478 74,055 85,540 59,860 Capital Outlay 198,269 208,697 298,438 404,888 486,005 Total Expenditures $ 20,617,577 $ 20,241,453 $ 19,305,623 $ 19,194,316 $18,153,581 Other Financing Sources (Uses) Operating Transfers In $ 254,457 $ 251,251 $ 113,144 $ 196,725 $ 6,000 Operating Transfers Out (394,624) (397,428) (406,836) (357,180) (307,836} General Fixed Assets Disp. 21,423 15,316 15,568 36,671 2,886 Proceeds of LTGO Debt 0 0 16,629 237,700 0 Total Other Financing Sources $ (118,744) $ (130,861) $ (261,495) $ 113,916 $ (298,950) (Uses) Fund Balance, January 1 $ 314,484 $ 701,726 $ 861,135 $ 709,671 $ 1,064,368 Prior Year's Corrections 0 0 0 0 0 Residual Equity Transfers 477 0 0 6,435 (65,128) Other Equity Changes 7,557 15,332 1,438 30,554 (1,219) Total Ending Fund Balance $ 714,973 $ 314,484 $ 701.72._~__._~6 $ ~ $ 709.671 CONTINGENCY RESERVE FUND YEAR-END BALANCESt, 1 1999 1998 1997 1996 1995 Ending Fund Balance $ 697,517 $ 709,162 $ 706,947 $ 673,110 $ 709,040 GENERAL FUND BUDGET FOR 2000 AND 20012 (Fiscal Year Ending December 31 ) 2001 2000 REVENUES Beginning Fund Balance $ 1,500,000 $ 500,000 Taxes 17,569,000 16,929,500 Licenses and Permits 395,200 348,480 1 $650,000 is the minimum per City policy. Interest eamings on the balance is transferred to the General Fund in the following year. 2 Source: City of Bremerton. 11 Intergovernmental Revenue 902,020 1,044,609 Charges for Services 1,999,995 1,761,711 Fines and Forfeitures 763,500 536,600 Miscellaneous and Other 3,353,300 3,035,172 Total Revenue $ 26.483.015 $ 24,156,072 EXPENDITURES General Government City Council $ 165,856 $ 167,231 Executive 216,887 161,577 Administrative Services1 2,415,708 2,112,583 Police & Fire Pension 1,533,395 1,554,786 Parking 610,000 0 Intergovernmental Service 193,556 134,447 Misc. Non-Departmental 1,982,764 1,297,578 Legal Department 468,074 505,281 Human Resources 215,530 208,348 Community Development 609,076 712,021 City Auditor 133,623 87,709 Public Safety Police Department 6,374,375 6,448,232 Fire Department 4,705,861 4,234,482 Public Works General Facilities 493,442 434,979 Engineering 299,233 339,827 Equipment Services Division 1,549,058 1,200,853 Leisure Services Administration 269,734 0 Parks & Facilities Maintenance 823,844 0 General Parks 0 1,097,874 Recreation 454,443 222,066 Senior Center 0 171,487 Pool 0 300,874 Cemetery Services 0 71,831 Athletics, Aquatics 468,556 192,006 Tax Anticipation Note Debt Service 2,500,000 2,500,000 Total Current Expenditures $ 26.483.01~5 $ 24.156.072 l City Clerk, Treasurer, Information Services, Municipal Court and Risk Management are combined under Administrative Services. 12 SCHEDULE OF GENERAL OBLIGATION BOND DEBT SERVICE FOR THE CITY' (Years Ending December 31 ) Outstanding Non- Voted General Voted General Total Obligation Bonds Obligation Bonds The 2001 Bonds2 Debt Year Principal Interest Principal Interest Principal Interest Service 2001 $ 185,000 $ 40,805 $ 350,000 $ 395,413 $ 90,000 $ $ 2002 190,000 32,647 365,000 378,555 95 000 2003 205,000 23,906 380,000 360,595 100 000 2004 135,000 16,308 405,000 341,520 105 000 2005 140,000 10,085 425,000 320,860 110 000 2006 150,000 3,450 445,000 298,395 115 000 2007 0 0 465,000 274,210 120 000 2008 0 0 495,000 248,722 125 000 2009 0 0 520,000 221,168 135 000 2010 0 0 555 000 191,952 140 000 2011 0 0 590 000 160,135 145 000 2012 0 0 540 000 126,160 155 000 2013 0 0 280 000 97,505 160 000 2014 0 0 300 000 83,505 170 000 2015 0 0 300 000 68,355 180 000 2016 0 0 325 000 53,055 190 000 2017 0 0 340 000 36,318 200 000 2018 0 0 355 000 18,637 210,000 2019 0 0 0 0 220,000 2020 0 0 0 0 235,000 Total $1.005.000 $ 127.151 $7.435.000 $3.675.0613 $ 3.000.00{) $~ $ ~ CITY PROFILE The City was incorporated in 1901 and operates as Home Rule Charter City with a Mayor Council form of government. The Council is comprised of nine members, elected by district by the citizens of the City, each serving a four-year term. The Council Members are part-time elected officials who exercise the legislative powers of the City and determine matters of policy. The Mayor, a full-time elected official, is the chief executive officer of the City. The Officers and department directors are appointed by the mayor with Council approval. The City provides a full range of municipal services including fire and police protection, parks and recreation facilities/activities, streets, planning, zoning and general administrative services. The City operates water, sewer and stormwater utility systems. Currently, there are 342 full-time employees of the City. Key Personnel Lynn Horton, Mayor: Ms. Horton began her second tefrn as Mayor of the City in 1998. Before her election as mayor, she served for six years on the Bremerton City Council. She is the past Chair and current Board Member of the Kitsap Regional Planning Council, and a board member of Kitsap Transit, Kitsap County Cen-Com and the Bremerton-Kitsap County Health Department. Ms. Horton is a graduate of the University of Washington and has been a resident of the City since 1974. Richard Hanna, City Treasurer: Mr. Hanna has been the Treasurer of the City of Bremerton since 1986. Before joining the City, he was Treasurer of the City of Centralia, Washington. Mr. Hanna received his Bachelor's Degree in Accounting from Western Washington University in 1974 and a Masters of Business Administration Degree in Finance from University of Puget Sound in 1983. Mr. Hanna is a member of the Washington Finance Officers Association, Washington Municipal Treasurers Association and Puget Sound Finance Officers Association. 1 The Notes are not included in this schedule. 2 Preliminary, subject to change 13 Labor Relations The City has entered into written agreements with each of the bargaining groups set forth below. These agreements contain provisions on such matters as vacations, sick leave, medical and dental insurance, salaries, worlcing conditions and grievance procedures. Employees of the City represented by bargaining units are as follows: Union Membership Contract Period Expiration Date Teamsters Local 589 130 3 yr. 12/31/00* Patrolman's Association 53 ! yr. 12/31/00' Police Management Association 5 1 yr. 12/31/00' International Association of Fire Fighters Local 437 44 3 yr. 12/31/01 * In process of negotiation. In accordance with State requirements, the City conducts full negotiations with all bargaining units. The City's management considers its relations with employees to be satisfactory. 14 GENERAL AND ECONOMIC INFORMATION The City of Bremerton, is located on Puget Sound, approximately 15 miles west of Seattle and 35 miles north of Tacoma. The largest city in Kitsap County (the "County"), Bremerton was incorporated in 1901 and has an estimated 2000 population of 36,160 Kitsap County, covering 393 square miles of land, also includes the following other incorporated areas: Bainbridge Island (2000 population 20,150), Port Orchard (2000 population 7,270) and Poulsbo (2000 population 6,500). Military Presence The economy of the City is closely tied to the United States Navy. In 1999, the estimated armed forces population in Kitsap County was 10,809. The Puget Sound Naval Shipyard in Bremerton ("PSNS") is the largest Naval shipyard on the Pacific Coast and is the only West Coast shipyard capable of working on nuclear ships. With 7,711 civilian employees, 49 military personnel (excluding ship personnel), and approximately 12,000 military family members, the shipyard is also the only facility capable of decommissioning and recycling nuclear submarines which are being disassembled in accordance with Strategic Arms Limitations Treaties. PSNS is the largest naval employer, in the State. The shipyard itself encompasses 344 acres of land, 382 buildings and nine permanent piers totaling 12,310 feet of deep water space. The economic impact of PSNS locally is approximately $700 million per year. The Fleet and Industrial Supply Center is another local Naval facility in the City, with 619 civilian employees and 20 military personnel. Naval Station Bremerton employs 936 civilians and 232 military personnel. Located a few miles north of the City of Bremerton is the Naval Submarine Base at Bangor. Bangor serves as a home base for Trident Missile submarines, the USS Parche fast attack submarine and various support commands. The base provides employment to 3,400 civilians, and 5,900 military personnel. Another 10,000 military family members are connected to the base. Bangor is the only base of its kind on the Pacific Coast. Annual local economic impact of Bangor is $230 million. The largest subcontractor providing services to the U.S. Department of Defense in Kitsap County is Johnson Controls World Service, with 658 employees. BAE Systems is the second largest, with 325 employees. Another military installation located near the City is the Naval Undersea Warfare Engineering Station at Keyport. The station tests and maintains torpedoes, provides maintenance support for fire control equipment and mines, and provides other engineering-related services for undersea warfare. The Undersea Warfare Station employs 1,859 civilian and 30 military personnel. Other Major Employers The Port of Bremerton (the "Port") operates the Bremerton National Airport and the 560-acre Olympic View Industrial Park, both located approximately 10 miles southwest of the City. The park includes 32 firms which employ a total of approximately 350 people. Over 500 acres of land at the industrial park are designated as a foreign trade zone which offers duty savings to its tenants. Bremerton National Airport is the largest airport in the County, with a 6,200-foot runway and full instrumentation and lighting systems. The airport can handle all general aviation aircraft and most transport and military planes. Charter passenger and air freight services are available to SeaTac Airport, the major international airport in the Puget Sound area. The Bremerton Airport has recently undergone improvements. Health care needs are met by several facilities in the Bremerton area including the Naval Hospital - Bremerton with 355 civilian and 729 military personnel serving approximately 80,000 military, family members and retirees in the area. The hospital is undergoing a $24 million expansion project, due for completion in late Spring 2001. Harrison Hospital in Bremerton has 1,162 employees and 297 beds. A Radiation Oncology Center was recently completed at Harrison with 14,000 square feet of space. A number of nursing homes and retirement complexes are also located in Bremerton. Olympic College is a two-year public community college located in Bremerton, with an enrollment of approximately 4,310 (full-time equivalents). The college has 290 full-time permanent employees, but can employ up to 600 employees, including part-time student workers. The college offers associate of arts degrees in four fields, as well as adult education and non-credit courses, and began a four-year degree program (called "2- 15 Plus-2") in 1994. The 2-Plus-2 degree program is associated with the University of Washington, Tacoma branch. A new library is being constructed at the college. See the table on page 18 of this Official Statement for a list of employers in Kitsap County with 200 or more employees. In 1999, the average new home price in the City was $136,048, which is approximately 12% higher than prices in 1991. The residential subdivision, Illahee North Division 2, added 22 new single-family residential lots to the City's total. A survey conducted in September of 2000 indicated an average rent in the City of $569 per month, and a 6.4% vacancy rate. The downtown office vacancy rate, excluding buildings converted to office use for the U.S. Navy, was 8.65% in 1999. New Developments Among the projects recently completed or proposed for development in Bremerton are the following: · A multi-modal transportation facility is now under construction on the City's downtown waterfront. The project includes foot ferries that serve Bremerton, the Bremerton Transportation Center, and highway improvements to Bremerton. The cost of the publicly funded projects is estimated at $21 million. The new Bremerton Transportation Center which is under construction will serve ferry, bus, bicycle and pedestrian commuters and travelers on their way to Seattle and Port Orchard. Expanded ferry service with higher-speed foot passenger ferry service between Bremerton and Seattle began service in 1998. · Pope Resources, a timber and land management company based in Poulsbo, and its subsidiary, Olympic Resource Management, have obtained land within the City that is planned for development as a 61-acre business park and 209 acres for 450 new homes. The project has received permit approval from the City and construction is under way. · Olympic View Business Park is being developed by the Port for business and technology-oriented businesses. It lies adjacent to a broad bandwith feber optics line and the Bremerton National Airport. Construction of the 30-acre planned business park, began in the summer of 2000. · Port Blakely Communities has plans to develop a mixed use project on land west of Kitsap Lake. Located just outside of the current City limits, this area would likely be annexed to the city. The project includes approximately 900 housing units with parking and other amenities to attract and be suitable for home-based businesses. A business park with 2.225 million square feet is also included in the project plans. As many as 9,000 jobs could be associated with the project, which is currently in the planning stage. · The Bremerton Gateway Project is a $40 million multi-year traffic modiciation under construction for the City's main entry corridor. Included in the project are beautification, traffic improvement, street widening and related projects designed to improve the first impression upon entering the City. · The Northwest Corporate Campus is a business park and residential community planned for development on 244 privately owned acres near the City, that are zoned for industrial and residential use. The project plans include a building for light industrial use on 188 acres as well as approximately 200 middle-income residential units on 56 acres. Following are economic indicators of the City and the County. 16 KITSAP COUNTY POPULATION! City of Other Kitsap County Kitsap County Year Bremerton Incorporated Unincorporated Total 2000 36 160 33,920 160 120 230,200 1999 36 888 33,540 159.890 229,700 1998 37 260 32,615 159. 125 229,000 1997 38 600 32,060 158.740 229,400 1996 38 496 31,210 155 120 224,700 1995 39 610 29,915 151.075 220,600 1994 35 920 28,625 148.655 213,200 1993 36,380 28,160 145,460 210,000 1992 38,990 27,405 139,205 205,600 1991 37,040 26,639 132,821 196,500 1990 38,142 12,913 138,676 189,731 TAXABLE RETAIL SALES2 City of Year Kitsap County Bremerton 20003 $ 1,137,049,303 $ 281,554,539 1999 2,309,819, 810 562,364,764 1998 2,064,021,512 506,875,439 1997 1,958,346,681 498,779,418 1996 1,836,198,934 477,467,218 1995 1,768,304,057 451,277,414 SEATTLE-BREMERTON FERRY TRAFFIC STATISTICS4 Number of Number of Year Vehicles Passengers 1999 731,969 2,488,466 1998 714,903 2,211,641 1997 756,796 2,047,014 1996 731,926 1,863,596 1995 751,266 1,820,433 KITSAP COUNTY AND WASHINGTON STATE LABOR FORCE AND AVERAGE ANNUAL UNEMPLOYMENT5 Resident Civilian Average Annual Total Year Labor Force Unemployment Employment Kitsap County (%) Washington (%) 1999 93,300 4,700 88,600 5.0 4.7 1998 91,300 4,800 86,500 5.3 4.8 1997 93,000 5,1 O0 87,900 5.5 4.8 1996 93,500 6,300 87,200 6.7 6.5 1995 89,600 6,000 83,600 6.7 6.4 KITSAP COUNTY MEDIAN HOUSEHOLD INCOME ESTIMATES6 Year 2000 $ 45,401 1999 44,036 1998 42,484 1997 41,524 1996 39,808 Source: Washington State Office of Financial Management and U.S. Census. Source: Washington State Department of Revenue. 2000 figures are for first two quarters only. Source: Washington State Department of Transportation, Marine Division. Source: Washington State Employment Security. Source: Washington State Office of Financial Management; figures for 2000 are forecast. All fugures are presented in current dollars. 17 MAJOR EMPLOYERS IN KITSAP COUNTY1 (As of October 2000) No. of Major Government Employers (Civilian/Military) Employees Pugest Sound Naval Shipyard (7,711/49) 7,760 Naval Submarine Base Bangor (3,400/5,900) 9,300 Naval Undersea Warfare Center (1,859/30) 1,889 Naval Station Bremerton (936/232) 1,168 Naval Hospital Bremerton (355/729) 1,084 Fleet Industrial Supply Center (619/20) 639 Major Defense Contractors Johnson Controls World Services (estimate) 658 BAE Systems 325 Lockheed Martin 262 Raytheon Systems 200 American Systems Engineering Corporation 219 Major Local & State Public Agency Employers Central Kitsap School District 1,400 South Kitsap School District 1,100 Kitsap County 1,050 Bremerton School District 752 North Kitsap School District 713 Washington State Ferries2 350 City of Bremerton 327 United State Postal Service 291 Olympic College 290 Retsil Veterans Home2 280 Kitsap Transit 277 Bainbridge Island School District 220 Educational Service District #114 200 Major Private Sector Employers Harrison Hospital l, 162 Town & County Markets 350 Belmont Terrace/Ridgemont Terrace 340 WalMart (2 locations) 332 Albertsons (5 locations) 313 Laurier Enterprises (McDonald's) 295 Martha & Mary Nursing Home & Child Ctr 276 Port Madison Enterprises (Suquamish Tribe) 261 Safeway 260 COSTCO Wholesale 240 The Doctors Clinic 230 Kitsap Mental Health 225 The Bon Marche 204 Group Health Cooperative 200 Courtesy Chevrolet/Ford/Mitsubishi 200 Source: Kitsap County Economic Development Council as of October 2000. Source: Washington State Employment Security, LMEA. 18 PRESERVATION OF TAX EXEMPTION The City has covenanted, in the Ordinance, to take all actions necessary to prevent interest on the Notes from being included in gross income for federal income tax purpose, and it will neither take any action nor make or permit any use of proceeds of the Notes or other funds of the City at any time during the term of the Notes which will cause interest on the Notes to be included in gross income for federal income tax purposes. The City certifies that it has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that it is a bond issuer whose arbitrage certifications may not be relied upon. CONFLICTS OF INTEREST Some or all of the fees of the Underwriter and Bond Counsel are contingent upon the issuance and sale of the Notes. Furthermore, Bond Counsel from time to time serves as counsel to the Underwriter with respect to issuers other than the City and transactions other than the issuance of the Notes. None of the council members or other officers of the City has interests in the issuance of the Notes that are prohibited by applicable law. TAX EXEMPTION In the opinion of Gottlieb, Fisher & Andrews, PLLC, Bond Counsel, as of the date of issue of the Notes (the "Date of Issue"), and provided the City complies with applicable requirements of the Code which must be satisfied subsequent to the issuance thereof, interest on the Notes is excluded from gross income for federal income tax purposes under existing federal law; and such interest is not an item of tax preference for purposes of determining the alternative minimum tax on individuals and corporations under existing federal law. However, under existing federal laws, interest on the Notes received by certain corporations is to be taken into account in the computation of adjusted current earnings for purposes of calculating the alternative minimum tax applicable to such corporations; such interest received by certain S corporations may be subject to tax; and such interest received by foreign corporations with United States branches may be subject to a foreign branch profits tax. Bond Counsel expresses no opinion regarding any other federal tax consequences of receipt of interest on the Notes. Potential purchasers of the Notes should consult with their tax advisors as to all possible tax consequences of ownership of the Notes. See also, "OTHER TAX CONSEOUENCES," herein. The Code contains certain requirements which must be satisfied subsequent to the issuance of the Notes in order to maintain the tax treatment described above, including requirements relating to the application of the proceeds of the Notes, use of facilities which are financed with such proceeds, limitations on income derived from the investment of gross proceeds of the Notes (as defined in Section 148 of the Code), and rebate to the United States Treasury of certain of such investment income on such gross proceeds. The City has covenanted to comply with these requirements; and the opinion expressed by Bond Counsel and described in the preceding paragraph assumes such compliance. However, Bond Counsel has not undertaken and does not undertake to monitor compliance by the City with such requirements and if the City should fail to comply with such requirements interest on the Notes could become includable in gross income for federal income tax purposes, in each case, retroactive to the Date of Issue. OTHER TAX CONSEQUENCES Under current federal law: 1. Corporate Alternative Minimum Tax. The interest on tax-exempt obligations received by a corporation is taken into account in the computation of the alternative minimum tax applicable to corporations (as defined for federal income tax purposes). Under current federal law, the alternative minimum taxable income of such a corporation (other than an S corporation, a regulated investment company, a real estate investment trust or a REMIC) is increased by 75% of the amount by which the "adjusted current earnings" of the corporation exceeds the corporation's alternative minimum taxable income determined without regard to such increase and any alternative tax net operating loss deduction. Interest on tax-exempt obligations, 19 whenever issued or acquired, including interest on the Notes, is included in the computation of "adjusted net book income" and "adjusted current earnings." For taxable years beginning after December 31, 1997, the corporate alternative minimum tax is repealed forsmall business corporations that had average gross receipts of less than $5 million for the 3-year period beginning after December 31, 1994, and such small business corporations will continue to be exempt from the corporate alternative minimum tax so long as their average gross receipts do not exceed $7.5 million 2. Tax on Excess Passive Investment Income of S Corporations. Certain excess net passive investment income, including interest on the Notes, received by an S corporation (a corporation treated as a partnership for most federal tax purposes) that has "subchapter C earnings and profits" at the close of its taxable year may be subject to federal income tax at the highest rate applicable to corporations if more than 25% of the gross receipts of such S corporation for such taxable year is passive investment income. 3. Foreign Corporation Branch Profits Tax. Interest on the Notes received by certain foreign corporations doing business in the United States may be subject to a branch profits tax applicable to such corporations that is based on their Untied States source earnings and profits, including tax-exempt interest on obligations such as the Notes. 4. Reduction of Loss Deduction for Property and Casualty Insurance Companies. Interest on tax-exempt obligations, including the Notes, received by property and casualty insurance companies, will reduce tax deductions for loss reserves otherwise available to such companies by an amount equal to 15 percent of such tax-exempt interest received during the taxable year. 5. Social Security and Tier 1 Railroad Retirement Benefits Subject to Tax. Interest received or accrued during the year from tax-exempt obligations, such as the Notes, is included in the calculation of "modified adjusted gross income" of recipients of the social security or tier 1 railroad retirement benefits. If the sum of the "modified adjusted gross income" for the taxable year plus one-half of the social security or tier 1 railroad retirement benefits received during the taxable year exceeds a base amount provided by the Code (the "excess amount"), then the lesser of (i) one-half of the social security or tier 1 railroad retirement benefits received during the taxable year or (ii) one-half of the "excess amount", is included in the gross income of the social security or tier 1 railroad retirement benefit recipient. ABSENCE OF MATERIAL LITIGATION There is no litigation of any kind now pending or, to the knowledge of the City, threatened to restrain or enjoin the issuance or delivery of the Notes or in any manner questioning the proceedings and authority under which the Notes are issued or affecting the ability of the City to pay the principal of or the interest on the Notes. APPROVAL OF BOND COUNSEL Legal matters incident to the authorization, issuance and sale of Notes by the City are subject to the approving legal opinion of Gottlieb, Fisher & Andrews, PLLC, Bond Counsel. A copy of the opinion of Bond Counsel will be delivered with the Notes. CONTINUING DISCLOSURE The City has undertaken, for the benefit of the Owners and Beneficial Owners of the Notes required by subsection (b)(5)(i) of the Rule 15c2-12 (the "Rule") of the United States Securities and Exchange Commission (the "SEC"), to provide or cause to be provided to each then existing nationally recognized municipal securities information repository designated by the SEC ("NRMSIR") and to the State Information Depository ("SID"), if one is created, the following annual financial information and operating data (collectively, the "Annual Financial Information") for each prior fiscal year, commencing with the fiscal year ending December 31, 2000, on or before the last day of the ninth month following the end of such prior fiscal year: (a) annual financial statements prepared in accordance with the generally accepted accounting principles applicable to governmental units, as such principles may be changed from time to time and as permitted by 20 State law; which statements will not be audited, except that if and when audited financial statements are otherwise prepared and available to the City, they will be provided (the "Annual Financial Statements"); (b) authorized, issued and outstanding balance of general obligation bonds; (c) assessed valuation for the fiscal year; (d) regular property tax levy rate and regular property tax levy rate limit for the fiscal year; and (e) narrative explanation for the reasons for any amendments to the undertaking made during the previous fiscal year and the impact of such amendments on the Annual Financial Information being provided. In its provision of such financial information and operating data, the City may cross-reference to any "final official statement" (as defined in the Rule) available from the Municipal Securities Rulemaking Board (the "MSRB") or any other documents theretofore provided to each then existing NRMSIR or the SID, if one is created. The City further agrees to provide or cause to be provided, in a timely manner, to the SID, if one is created, and to either the MSRB or each then existing NRMSIR, notice of any of the following events with respect to the Notes, if material: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or ex?ents affecting the tax-exempt status of the Notes; 7. Modifications to rights of the Owners of the Notes; 8. Optional redemptions of the Notes; 9. Defeasances of the Notes; 10. Release, substitution or sale of property securing repayment of the Notes; and 11. Rating changes. The City also agrees to provide or cause to be provided, in a timely manner, to the SID, if one is created, and to either the MSRB or each then existing NRMSIR, notice of its failure to provide the Annual Financial Information for the prior fiscal year on or before the last day of the seventh month following the end of such prior fiscal year. After the issuance of the Notes, so long as the interests of the Owners or Beneficial Owners of the Notes will not be materially impaired thereby, as determined by a party unaffiliated with the City (including, without limitation, a trustee for the Owners, nationally recognized bond counsel or other counsel familiar with the federal securities law), or pursuant to a favorable "no-action letter" issued by the SEC, this continuing disclosure undertaking may only be amended in connection with any change in legal requirements, change in law, or change in the identity, nature or status of the obligated person, or type of business conducted, and only in such a manner that the continuing disclosure undertaking of the City, as so amended, would have complied with the requirements of the Rule at the time of the primary offering, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances. The City's obligations to provide Annual Financial Information and notices of certain events shall terminate without amendment upon the defeasance, prior redemption or payment in full of all of the then outstanding Notes. This continuing disclosure undertaking or any provision hereof, shall be null and void if the City (i) obtains an opinion of nationally recognized bond counsel or other counsel familiar with the federal securities laws to the effect that those portions of the Rule which require this continuing disclosure undertaking or any such provision are invalid, have been repealed retroactively or otherwise do not apply to the Notes; and (ii) notifies and provides the SID, if any, and either the MSRB or each then existing NRMSIR with copies of such opinion. The right of each Owner or Beneficial Owner of Notes to enforce the provisions of this continuing disclosure undertaking shall be limited to the right to obtain specific enforcement of the City's obligations in this continuing disclosure undertaking and any failure by the City to comply with the provisions of this continuing disclosure undertaking shall not be a default with respect to the Notes under the Ordinance. 21 UNDERWRITING The Underwriter has agreed, subject to certain conditions, to purchase all of the Notes, if any are purchased, at a price of % of the par value of the Notes from the dated date to the settlement date. The Notes will be reoffered at an average price of % of the par value of the Notes, resulting in a underwriting spread of $ per $1,000 of principal. After the initial public offering, the public offering prices may be varied from time to time. CONCLUDING STATEMENT All estimates, assumptions, statistical information and other statements contained herein, while taken from sources considered reliable, are not guaranteed by the City or the Underwriter. So far as any statement herein includes matters of opinion, or estimates of future expenses and income, whether or not expressly so stated, they are intended merely as such and not as representations of fact. The information contained herein should not be construed as representing all conditions affecting the City or the Notes. Additional information may be obtained directly from the City or the Underwriter. The foregoing statements relating to the Ordinance and other documents are in all respects subject to and qualified in their entirety by provisions of such documents. This Official Statement, starting with the cover page and all subsequent pages, including the appendices, comprise the entire Official Statement, which has been approved by the City. The City has represented to the Underwriter that the portions of this Official Statement directly pertaining to the City neither contain any misrepresentation of material fact nor omit any material fact necessary to understand the financial, economic or legal nature of the City or any information presented herein. 22 APPENDIX A FORM OF LEGAL OPINION This page has been left blank intentionally. APPENDIX B DTC AND BOOK-ENTRY SYSTEM This page has been left blank intentionally. DTC AND BOOK ENTRY SYSTEM Portions of the information relating to the Book Entry System under this heading have been furnished by DTC, but have not been independently verified by the Underwriter or the City. Neither the Underwriter nor the City makes any representation whatsoever as to the accuracy, adequacy or completeness of such information. DTC is a limited-purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York. Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934, as amended. DTC holds securities that its participants ("Participants") deposit with DTC. DTC also facilitates the settlement among Participants of securities transactions, such as transfers and pledges, in deposited securities through electronic computerized book-entry changes in Participants' accounts, thereby eliminating the need for physical movement of securities certificates. Direct Participants include securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. Access to the DTC system is also available to others such as securities brokers and dealers, banks, and trust companies that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). The Rules applicable to DTC and its Participants are on file with the Securities and Exchange Commission. In September 1999, the Securities and Exchange Commission approved the integration of DTC and National Securities Clearing Corporation as separate subsidiaries of the Depository Trust and Clearing Corporation ("DTCC"). Through the integration, former owners of DTC (consisting of a number of its Direct Participants, the New York Stock Exchange, Inc., the American Stock Exchange LLC, and the National Association of Securities Dealers, Inc.) became part owners of DTCC. Purchases of Notes under the DTC system must be made by or through Direct Participants, which will receive a credit for the Notes on DTC's records. The ownership interest of each actual purchaser of each Note ("beneficial owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial owners will not receive written confirmation from DTC of their purchase, but beneficial owners are expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participants through which the beneficial owners entered into the transaction. Transfers of ownership interests in the Notes are to be accomplished by entries made on the books of Participants acting on behalf of beneficial owners. Beneficial owners will not receive certificates representing their ownership interests in Notes, except in the event that use of the book-entry system for the Bonds is discontinued. To facilitate subsequent transfers, all Notes deposited by Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co. The deposit of Notes with DTC and their registration in the name of Cede & Co. effect no change in beneficial ownership. DTC has no knowledge of the actual beneficial owners of the Notes; DTC's records reflect only the identity of the Direct Participants to whose accounts such Notes are credited, which may or may not be the beneficial owners. The Participants will remain responsible for keeping account of their holdings on behalf of their customers. SO LONG AS CEDE& CO. IS THE REGISTERED OWNER OF THE NOTES, AS NOMINEE OF DTC, REFERENCES HEREIN TO THE NOTEOWNERS OR REGISTERED OWNERS OF THE NOTES SHALL MEAN CEDE & CO. AND SHALL NOT MEAN THE BENEFICIAL OWNERS OF THE NOTES. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Redemption notices shall be sent to Cede & Co. If less than all of the Notes within a maturity are being redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such maturity to be redeemed. Neither DTC nor Cede & Co. will consent or vote with respect to Notes. Under its usual procedures, DTC mails an Omnibus Proxy to the City as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts the Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). Principal and interest payments on the Notes will be made to DTC. DTC's practice is to credit Direct Participants' accounts on the payment date in accordance with their respective holdings shown on DTC's records unless DTC has reason to believe that it will not receive payment on the payment date. Payments by Participants to beneficial owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC, the Note Registrar, or the City, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of principal and interest to DTC is the responsibility of the City or the Note Registrar. Disbursement of such payments to Direct Participants shall be the responsibility of DTC, and disbursement of such payments to the beneficial owners shall be the responsibility of Direct and Indirect Participants. DTC may discontinue providing its service as securities depository with respect to the Notes at any time by giving reasonable notice to City or the Note Registrar. Under such circumstances, in the event that a successor securities depository is not obtained, Note certificates are required to be printed and delivered. The beneficial owner of each Note, upon registration of certificates held in the beneficial owner's name, will become the Registered Owner of that Note. The City may decide to discontinue use of the system of book-entry transfers through DTC (or a successor securities depository). In that event, Note certificates will be printed and delivered. The City and the Note Registrar will recognize DTC or its nominee as the Bondowner for all purposes, including notices and voting. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to beneficial owners will be governed by arrangements among them, subject to any statutory or regulatory requirements that may be in effect from time to time. NEITHER THE CITY NOR THE NOTE REGISTRAR WILL HAVE ANY RESPONSIBILITY OR OBLIGATION TO DTC PARTICIPANTS, OR THE PERSONS FOR WHOM THEY ACT AS NOMINEES, WITH RESPECT TO THE PAYMENTS TO OR THE PROVIDING OF NOTICE TO THE DIRECT PARTICIPANTS, THE INDIRECT PARTICIPANTS OR THE BENEFICIAL OWNERS OF THE NOTES. THE CITY CANNOT AND DOES NOT GIVE ANY ASSURANCES THAT DTC, DIRECT PARTICIPANTS OR OTHERS WILL DISTRIBUTE PAYMENTS OF PRINCIPAL OF OR INTEREST ON THE NOTES PAID TO DTC OR ITS NOMINEE, AS THE REGISTERED OWNER, OR ANY NOTICES TO THE BENEFICIAL OWNERS OR THAT THEY WILL DO SO ON A TIMELY BASIS, NOR THAT DTC WILL ACT IN A MANNER DESCRIBED IN THIS OFFICIAL STATEMENT. Each beneficial owner, acting through DTC, will have all the rights and privileges of the ownership of its Note or Notes and will not be required to act in concert with other beneficial owners of the Notes held by DTC. DTC will forward to the beneficial owners any notices received in respect of their Notes and will act in accordance with their instructions with respect thereto. This page has been left blank intentionally. CITY OF BREMERTON 2001 CASH FLOW PROJECTION 3,000,000 2,500,000 2,000,O00 1,500,000 1,000,000 500,000 -- (500,000) ....... DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ---e-- ENDING CASH