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HomeMy WebLinkAbout12/27/00 AGENDA CITY COUNCIL MEETING AGENDA DECEMBER 27, 2000 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business 2. CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA There are no Consent Agenda items this week... ~,~ CLAI S CH CK R [STER 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. LEGISLATIVE REPORT 8. PUBLIC RECOGNITION - (Comments limited to 3-minutes) 9. NEW BUSINESS A. Year-2001 Ambulance Rates for 911 Basic-Life-Support (BLS) Aid Calls (#AB00-296) 10. ORDINANCES A. Ordinance (First Reading) Providing that all Violations not otherwise designated in the BMC shall constitute a Misdemeanor (#AB00-297) B. Ordinance (First Reading) Revising Chapter 2.49 of the BMC, Providing for City Council Membership on Interview Panels for Certain Employees (#AB00-298) 11. RESOLUTIONS A. Resolution No. 2788, Authorizing the City to Receive a State Revolving Fund (SRF) Loan Agreement Anderson Cove CSO Reduction Facilities (#AB00-299) B. Resolution No. 2789, Setting a Hearing Date of January 24, 2001 for Vacating the North 35 Feet of the Alley North of 11th Street Place between Pleasant Avenue and Highland Avenue (#AB00-300) C. Resolution No. 2790, Setting a Hearing Date of January 24, 2001 for Vacating a Portion of Chester Avenue North of 13th Street (#AB00-301) D. Resolution No. 2791, Setting a Hearing Date of January 24, 2001 for Vacating a Portion of 15th Street, located West of Warren Avenue and East of Broadway Avenue (#AB00-302) 12. ADJOURNMENT OF MEETING CITY COUNCIL WILL ADJOURN TO THE COUNCIL CONFERENCE ROOM IMMEDIATELY FOLLOWING THE REGULAR MEETING FOR A STUDY SESSION ON THE PROPOSED "GOVERNMENT CENTER". BEFORE THE CITY COUNCIL OF THE CITY OF BREMERTON In re ) DETERMINATION OF ) Appeal PL00-0057 NONSIGNIFICANCE ) FOR SHORE DRIVE REZONE ) ORDER FROM SF-3 TO SF-3 SD ) PROJECT NO. PL00-0055 ) The Bremerton City Council, having heard this matter in open session and being otherwise fully advised, finds, concludes, and orders as follows: FINDING OF FACT 1. This is an appeal of a Determination of Non-significance (DNS) issued by the City of Bremerton on October 13, 2000. The Bremerton Municipal Code (BMC) at section 21.02.935 (b) provides authorization for appeal of Type II Administrative decisions. Type II Administrative decisions are defined at BMC Section 21.02.845 and includes (2) SEPA Determination. BMC section 21.12.240 provides for the adoption of Washington Administrative Code 197-11. 2. The referenced Determination of Non-Significance ( DNS ) was issued for the city proposal to revise the SF-3 Zone street-side setback from 15 feet ( 20 garage) to a blanket 5 feet setback along a portion of Shoredrive. 3. An appeal of the DNS was filed with the City on October 18, 2000 signed by Paul Scheyer and Helen Miller. It sought a review of the DNS because of a: "Failure to evaluate the cumulative impact of additional requests for similar actions in Bremerton" and indicated the relief requested was that an EIS would be required. No other information was submitted with the written appeal. 4. The Determination of Non-significance was issued based upon a completed Environmental Checklist in the format required by the WAC 197-11-960 prepared as noted on its face page section A4 on October 5, 2000. The Date of Signature section C indicates it was signed October 18, 2000. 5. Notice of the appeal hearing was published November 8, 2000, and posted, and mailed November 3, 2000. The hearing was originally scheduled for November 15, 2000. Then Rescheduled for December 20, 2000. Notice of the rescheduled hearing was published December 2, 2000. 6. At hearing city staff.prepared and presented a staff report in the format required by the city council, The report was hand delivered to the appellant prior to the heating. The staff report included a summary statement, the DNS, the Proposed Zoning map, the SEPA checklist, the petitions of property owners requesting the change, and the applicants appeal. 7. The staff summary statement reviewed the requirements for all Environmental review as set forth in WAC 197-11-060 as the applicable criteria for review and specifically WAC 197-11- 060 section( c ) (optional) which authorizes jurisdictions to analyze impacts of similar actions that have common aspects such as "geography." And that further states, "this section does not require agencies or applicants to analyze similar actions in a single environmental document or require applicant to prepare environmental documents on proposals other then their own." 8. Additional information provided pertaining to the number of lots developed in the Shoredrive geographical area indicated that most of the lots were developed before existing zoning as shown on a photo from 1978. Staff also indicated that it had reviewed the county assessors information during its preparation of the Check list. Assessors review indicated that about 55 lots are in the area and that of those, 44 have houses and garages. A site inspection by staff indicated that most of these would not meet current setbacks. Two houses appear to meet the current setbacks. Only about 6 lots are vacant on which new structures may be proposed. 'The checklist impacts analyzed included potential additions on the existing houses, new houses on the vacant lots as well as reconstruction of new houses under the revised standard according to the requirements for permitting and environmental checklist review. 9. Also considered in the staff report, as well as required for review in all environmental reviews is other information that may be available to the appropriate official. The staff report identifies that the City of Bremerton Comprehensive plan and its Environmental Impact Analysis considered the impact of redevelopment within the city and identifies its preferred strategy for redevelopment and infill of 7000 city lots in order to provide for anticipated growth of 20,000 additional persons in the twenty year plan (1995-2015). Future individual site plan and building plans will also provide for additional on- site review impact analysis. 10 At hearing the appellants were repeatedly requested to provide any substantiating information as to the environmental impact within the geographical area that were not considered by the use of the checklist. Appellants raised procedural issues including the timing of the checklist signature and date of the DNS, storm drainage and safety as concerns but without any supporting documentation. 11. The Checklist Section A4 indicates that it was prepared on October 5 prior to the DNS Publication on October 13, 2000. Staff indicated that normally the final review is completed at~er publication when signed on October 18, 2000 to allow for inclusion of public comments if any. 12. Storm drainage was a part of the checklist. Legal staff advised that safety issues have to do with the ordinance adoption, rather than the adequacy of the analysis of the environment and that the ordinance is not the subject of this appeal. Conclusions 1. Staff accomplished the Checklist on October 5, 2000 prior to the Determination of Non- Significance such that the review was done in a timely manner. 2. The DNS and Checklist review relevant environmental concerns as required under WAC 197-11 for the staff proposal and is not required to review other areas as requested by appellant as per 197-11-060 section( c ). 3. The appropriate official has reviewed the impacts in relationship to the Requirements of WAC 197-11 as required by the Bremerton Municipal Code, the City Comprehensive Plan, Environmental Impact Statement and existing city mitigating process including building permits and shoreline requirements. 4. WAC 197-11-680 (d) (viii) provides that the responsible official's decision shall be entitled to substantial weight. Appellants have provided only their opinions without substantiated evidence of any kind that environmental impacts will be significant. And the City Council having fully considered this matter, NOW TI-[ERFORE, it is ORDERED, ADIUDGED AND DECREED AS FOLLOWS: Action by the City of Bremerton Building and Planning Department Director is AFFIRMED Appellants request for review of the Determination of Non-Significance Appeal PL00-0057 is DENIED. Dated this 20 day of December. BREMERTON CITY COUNCIL Carol Arends, Council President Attest City Clerk Approved as to form City Attorney DNS appeal order PL00-0057.Doc AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: 2001 Ambulance Rates FOR AGENDA OF: 12-27-00 for 911 BLS ORIGINATING DEPT: Admin Services ORIGINATOR: Paula Johnston DATE SUBMITTED: 12-20-00 2. CLEARANCES: (comment on back 3. EXHIBITS: if necessary) D~i~~~ a) Rate Comparison Table Admin Services Fire Chief D~---~_2~L~'-~ ~ b) Letters and Surveys from ~iscal/Budget ~!~~~ ~ i Ambulance Companies MAYoRENDORSEMENT~~ ,INFOp.~TION__ APPROVEDcouNciLBY PRESIDENTCOUNCIL PRESIDENT~.&~]~ ~' FORtune__SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Pursuant to the ambulance regulatory ordinance, ambulance rates charged for 911 BLS aid calls must be approved by Council. Both local companies, Olympic and Bremerton, have submitted requests for rate increases for 911 BLS calls to be effective January 1, 2001. Clerk staff has surveyed regional ambulance companies for comparable rates. Ail surveyed companies have raised their rates since 2000 for BLS, and the array of products and services they provide. 8. RECOMMENDATION: Move to approve a 5% rate increase for 911 BLS rates charged by Olympic and Bremerton Ambulance Companies. 9. RESPONSIBLE OFFICIAL: Admin Services ENFORCEMENT OFFICIAL: Admin Services EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION 9 NA PULLED TABLED APPROVED DISAPPROVED E COUNCIL DIRECTIVE: DATE: 1!. AGENDA BILL NO: ~~ J~'& 2. CLEARANCE COMMENTS (cont.): 41 SUMMARY STATEMENT (cont.): IMPACT ON NON-PASSAGE: Rates will remain at 2000 levels. 2000 BLS rates will remain in effect. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES N/A 7. RESEARCH SOURCES: OLYMPIC AND BREMERTON AMBULANCE CO.'S 2001 RATE INCREASE PROPOSAL Olympic/Bremerton Olympic/Bremerton 2001 Approved American Medical Description Ambulance 2000 Ambulance Proposed Rural Metro Cascade Ambulance North Kitsap Fire Kitsap County Central Kitsap Mason County Rates 2001 Rates Rates Response & Rescue Distdct 7 Fire & Rescue Medic One BLS Discounted Base Rate $ 237.30 $ 249.17 $ 343.00 $ 354.00 $ 325.00 $ 250.00 $ 300.00 $ 325,00 $ 525.00 BLS BaseRate $ 254.65 $ 267,38 $ 343.00 $ 354.00 $ 325,00 $ 250.00 $ 300.00 $ 325,00 $ 525,00 Mileage (Loaded Patient) $ 11.00 $ 11,55 $ 12,00 $ 15.00 $ 11.00 $ 8.50 $ 5.00 $ 7.00 $ 9,00 Nght Charge 7:00--p.m - 7:00a,m. $ 34,75 $ 36.49 ? $ 35.00 $ incl. BLS incl. BLS incl, BLS $ 55.00 Wait Time per minute $ 2,10 $ 2.21 ? $ 5.00 $55,10 per 30min incl. BLS incl. BLS incl. BLS $ 1.00 Second Attendant $ 57.90 $ 60.80 '~ $ $ 70.00 incl. BLS incl. BLS incl. BLS $ 100.00 Qxygen $ 40.55 $ 42.58 $ 60.00 $ 50.00 $ 45.50 incl. BLS incl. BLS $ 25.00 $ 50.00 each patient each patient billed 200.00 per patient plu~ Base rate & split Two Patients $ 127.35 $ 133.72 billed separately separately mileage and extras incl. BLS incl, BLS incl, BLS mileage Sit-up $ 69.45 $ 72.92 ? unavailable $ incl. BLS incl, BLS incl. BLS $ Suction/Tube $ 25,45 $ 26.72 '~ $ 16.00 $ 34.29 incl. BLS incl. BLS incl. BLS $ 10.00 OB Kit $ 29,00 $ 30.45 ? $ 77.50 $ 21.83 incl. BLS incl. BLS incl. BLS $ 40.00 Burn Kit $ 29,00 $ 30.45 ? $ 50.86 $ 24.81 incl. BLS incl. BLS incl. BLS $ 12.00 Cervical Collar $ 28,98 $ 30.43 $ 53.00 $ 50.26 incl. BLS incl. BLS incl, BLS $ 20.00 $ 28.00 Gloves/Mask $ 6.95 $ 7.30 ? $ 3.50 incl. BLS incl. BLS incl. BLS incl. BLS $ 3.00 Dressings $ 11,60 $ 12.18 ? $3.58-$16.00 incl. BLS incl. BLS incl. BLS incl. BLS $ 11,50 Triangular Bandages $ 6.95 $ 7.30 ? $ 12,76 incl. BLS incl. BLS incl. BLS incl, BLS $ 4,50 Hot/Cold Packs $ 6.95 $ 7,30 ? $12.18-$13.92 incl, BLS incl. BLS incl, BLS incl. BLS $ 7.50 Spinal Immobilization $ 40.55 $ 42,58 $ 60.00 $ 48.00 $ incl. BLS incl. BLS $ 20.00 $ 40,00 charges each supply IV Monitor $ 57,90 $ 60.80 separately $ 30.00 $ incl. BLS incl, BLS $ 15.00 $ 40.25 Rural Metro--Candy Berton 425-672-3555 x 709 non subsidized American Medical Response-Brant Butte--206-444-4471 non subsidized Cascade Ambulance--Anson 800-244-8642 non subsidized North Kitsap Fire & Rescue-Dan Smith 297-3619 subsidized Kitsap County Fire District 7--Cliff Wilson 871-2411 subsidized Central Kitsap Fire & Rescue-Gary Eddings 307-7974 subsidized Mason County Medic One-Mary Gregory 360-426-3403 non subsidized 2515 Cherry Place. P.O. Box 2437 Bremerton, WA 98310 (360) 377-7777 · 1-800-445-2257 November 29, 2000 Kathleen McCluskey, City Clerk Director of Administrative Services City of Bremerton 239 Fourth Street Bremerton, WA 98310 Dear Ms. McCluskey: Olympic Ambulance is requesting approval of a 5% rate increase to our 2001 rates. Enclosed is a comparative list of rates from other ambulance providers. Along with rising costs, Medicare is imposing a nationwide fee schedule that will have a significant impact to many ambulance providers, including Olympic Ambulance. In years past we have met with Council corn~nittees to discuss rate increases. I would appreciate the opportunity to give a brief presentation to Council committees about how Medicare's fee schedule will impact our business. Please let me know if this is acceptable. Sincerely, Bill Sterling, Director of Customer Service BREMERTON AM/BULANCE 2_515 Cherry Place · Bremerton, WA 98310 (360) 377-7777 · Fax (360) 479-6210 November 29, 2000 Kathleen McCluskey, City Clerk Director of Administrative Services City of Bremerton 239 Fourth Street Bremerton, WA 98310 Dear Ms. McCluskey: Bremerton Ambulance is submitting a proposed rate increase for implementation January 1, 2001. The new schedule reflects a 5% increase over the rates we currently charge. This increase will offset increases in fuel, labor costs, Kitsap County Emergency Services Council support, as well as the Medicare fee schedule that will be implemented January 1, 2001. With the 5% increase Bremerton Ambulance will remain one of the lowest priced, non- subsidized services in the State of Washington. Sincerely, Branch Director AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Provision for designation FOR AGENDA: December 27, 2000 of violations of the BMC as misdemeanors ORIGINATING DEPT: City Council unless otherwise designated. ORIGINATOR: Glenna Malanca DATE SUBMITTED: December 19,2000 2. CLEARANCES: (Cqmment on back if necessary) 3. EXHIBITS: (~~~._-- ~~~ c_.~ Ordinance No. 4625 (G~A MAL~,r4gA, ~oUTN-.C~ ~)'P~RA4IoNs ' C oMMI~TEE trfSCAL & BlffDGET COMMITTEE ENDORSEMENT [-] INFORMATION [-] APPROVED FOR SUBMITTAL: MAYOR COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: When Ordinance No. 4625 was passed by City Council in June 1999, an existing provision relating to designation of code violations as misdemeanors if not otherwise specified was deleted. this proposed amendment of Ordinance No. 4652and BMC Section 1.12.010 will correctthe ommission. 5. RECOMMENDATION: Move to approve on first reading Ordinance No. , providing that all violations not otherwise designated in the BMC shall constitute a misdemeanor. 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION: PULLED [--] TABLED ~] APPROVED ~] DISAPPROVED [-~COUNCiL DIRECTIVE: AMEND1 0 8. AGENDA BILL NO.: ~)~) 9. IMPACT OF NON-PASSAGE: Certain violations of the Bremerton Municipal Code will not be enforceable because the nature of the violation and penalty are not provided. 10. IMPACT ON STAFFING, BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: None. 11. RESEARCH SOURCES: ORDINANCE NO. AN ORDINANCE amending Ordinance No. 4652 and Chapter 1.12 of the Bremerton Municipal Code by providing that violations of the Bremerton Municipal Code not designated as either a crime or a civil infraction shall constitute a criminal misdemeanor. THE CITY OF BREMERTON DOES HEREBY ORDAIN: SECTION 1. Amendment. Section 1 of Ordinance No. 4652, Bremerton Municipal Code Section 1.12.010, is hereby amended to read as follows: 1,12.010 TYPES OF VIOLATIONS. 1. Every act, or failure to act, that is contrary to this Code shall be a Code violation. Code violations shall be civil infractions or criminal misdemeanors and gross misdemeanors, as established by the respective Code provisions. Any violation not otherwise designated shall constitute a criminal misdemeanor. If a Code provision so provides, a violation may be cited as either criminal or civil at the discretion of the enforcement officer. 2. Criminal violations shall be charged by the City Prosecutor and processed in the Municipal Court pursuant to the Criminal Rules for Courts of Limited Jurisdiction (CrRLJ). 3. Civil violation cases shall be initiated either: (a) by a Notice of Infraction issued, served, and filed by either the enforcement officer or the City Prosecutor or City Attorney, or (b) by a Complaint filed by either the City Prosecutor or City Attorney. Civil violations shall be processed in the Municipal Court pursuant to RCW Chapter 7.80, so far as it is not inconsistent with this Chapter, and pursuant to the Infraction Rules for Courts of Limited Jurisdiction (IRLJ), so far as they are not inconsistent with this Chapter and with RCW Chapter 7.80. 4. Each day a violation continues shall be a separate violation and may be cited, complained of, or charged as such. 5. The Municipal Court shall have the authority to adopt such local rules it deems necessary to process cases pursuant to this Chapter. SECTION 2. Effective Date. This ordinance shall take effect ten (10) days from passage and publication. APPROVED by the City Council on the first reading this ~ day of ,2000. PASSED by the City Council of the City of Bremerton this __ day of ,2000. CAROL ARENDS Council President APPROVED this __day of ,2000. 8 LYNN S. HORTON Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Amendment to Chapter2.49 of the FORAGENDA: DECEMBER 27, 2000 Bremerton Municipal Code providing for City ORIGINATING DEPT: City Council Council membership on interview panels for ORIGINATOR: John Law, Council Member certain employees DATE SUBMITTED: November 20, 2000 2. C~RANCES: (Co,ghent on back if necessary) 3. EXHIBITS: ~:~~~:~--~~' (_ c, ~- - Proposed O rd iance No. CO..UI~IL OPERATIONS COMMITTEE ~'~AL '~BI.~D~:T COMMITTEE ENDORSEMENT [~ INFORMATION [~] APPROVED FOR SUBMITTAL: MAYOR COUNCIL PRESIDENT ~"~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The proposed amendments to Chapter 2.49 BMC provide for City Council participation in the selection process of candidates for positions requiring City Council confirmation. Also provided is City Council confirmation of provisional appointments of candidates not meeting minimum requirements of a position subject to Section 2.49.010. 5. RECOMMENDATION: 1. Move to approve Ordinance No. at first reading. 2. Move to pass Ordinance No. at second reading. 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION: I 0 PULLED ['-'1 TABLED I~ APPROVED [~] DISAPPROVED [-] AMENDl~I COUNCIL DIRECTIVE: 16 9. IMPACT OF NON-PASSAGE: City Council will continue to have no representation or participation in the selection of administrative heads and other selected employees of the City prior to City Council conf'u'mation. 10. IMPACT ON STAFFING~ BUDGETS: FACILITIES~ EQUIPMENT OR OTHER RESOURCES: None. 11. RESEARCH SOURCES: ORDINANCE NO. AN ORDINANCE revising Chapter 2.49 of the Bremerton Municipal Code, specifying City Council confirmations of all regular administrative heads of the City and other identified employees; and providing for City Council representation on interview panels for the selection of all regular administrative heads of the City and other identified employees. THE CITY OF BREMERTON DOES HEREBY ORDAIN: SECTION 1. Revision. Chapter 2.49 of the Bremerton Municipal Code is hereby revised to read as follows: 2.49.010 CONFIRMATION OF APPOINTEES TO NONUNION MANAGEMENT POSITIONS. As authorized by the Bremerton City Charter, the City Council will confirm the appointment of all regular administrative heads of the City. For purposes of this Chapter, administrative heads include: City Attorney, Fire Chief, Police Chief, Director of Building and Planning, Building Official, Director of Administrative Services/City Clerk, Human Resources Manager, Director of Parks and Recreation, City Engineer, Director Of Public Works, Civil Service Officer, Economic Development Director or an individual retained by the City to provide substantial Economic Development services, and Treasurer. Confirmation will also be required for the director or manager of a new department created subsequent to the passage of this ordinance. See Section 2.49.040 for confirmations of certain provisional administrative heads. 2.49.020 INTERVIEW PANELS. Candidates selected for final consideration for positions subject to Section 2.49.010 shall be interviewed by a panel consistinq of at least one City Council member on panels comprised of less than five individuals, and at least two City Council members on panels comprised of five or more individuals. The participatinR City Council members shall be appointed by the Council President upon notice and informal concurrence of City Council. 2.49.030 QUALIFICATIONS AND FUNCTIONS, (a) Position descriptions shall be established by the Human Resources Department for each nonunion management employee. These position descriptions shall include: (1) An outline of the employee's position, showing his or her designated responsibilities and limits of authority. (2) The special skills, knowledge, education and/or experience the manager shall possess as a prerequisite to being considered for the position. (b) Prior to the hiring of any nonunion management employee, the position description set forth in subsection (a) of this section shall have been reviewed by the Human Resources Manger and the City Council, and approval acknowledged with the signature of the Council President. 2.49.040 TIME LIMIT ON PROVISIONAL APPOINTMENTS. No provisional appointment to a position requiring council confirmation shall extend beyond one hundred twenty days from the date of appointment without the consent of the City Council. City Council confirmation of a provisional appointment is required in the event of a proposed provisional appointment of an individual who does not meet the established minimum qualifications for a position subiect to Section 2.49.010. This provision does not apply to positions subject to civil service rules. A copy of the proposed provisional appointment and the candidate's qualifications shall be sent by the Mayor to the City Council at least five (5) business days prior to the appointment. 2.49.050 MANAGER CONTRACTS. All regular, as opposed to provisional civil service exempt nonunion management, personnel employed by the City from the date of the passage of the ordinance codified in this chapter forward, shall sign a management contract. The standard form of the management contract shall have been approved by the City Council and shall contain, at a minimum, a provision for termination of the employee without cause, subiect to Section 2.49.060. Nothing in this section shall be construed to require council confirmation of individual management contracts after the form of the contract has received council approval. An informational copy of all standard management contracts shall be forwarded to the council budget and finance committee after execution. 2.49.060 REMOVAL. Except as provided otherwise in the City Charter, all nonunion management personnel who are exempt from the operation of civil service shall be at will employees and the Mayor may terminate them without cause at any time, with no notice or hearing required. SECTION 2. EFFECTIVE DATE. This ordinance shall take effect ten (10) days from passage and publication. APPROVEDby the City Council on the first reading this ~ day of ,2000. PASSED by the City Council of the City of Bremerton this ~ day of ,2000. CAROL ARENDS Council President APPROVED this day of ,2000. LYNN S. HORTON Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk AGENDA BILL BREMERTON CITY COUNCIL RESOLUTION # a7 FOR AGENDA OF: December 27, 2000 1. SUBJECT: AUTHORIZING THE CITY TO RECEIVE A STATE ORIGINATING DEPT: Public Works & Utils REVOLVING FUND (SRF) LOAN ORIGINATOR: W. E. Sampley, Director Public Works and Utils DATE SUBMITTED: December 12, 2000 2. CL~ .ARAI~C~ (Comment on back 3. EXHIBITS: ///~[4~i~ 1. Redo lution # oq'7g, f~ ,,x irector o_ .f~gl~lic W~tilities 2. S~ Lo~ A~eement for Anderson Cove CS0 %%~~~ Reduction Facilities City'Treasurer , ~~.. ~cil Fi~ B~get Com~~ Councd ~tmns Comm~tt~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City applied for and received Loan funding for partial reimbursement of costs for design and construction of CSO reduction improvements in the Anderson Cove Basin. This loan will fund approximately 60% of the total cost of this project. State regulations require that a resolution be approved for this loan in order to receive these funds. 5. RECOMMENDATION: I MOVE to pass Resolution # 2'7 ~ ~ , which approves a State Revol vi ng Fund (SRF) Loan Agreement for Anderson Cove CS0 Reduction Facilities. 9. RESPONSIBLE OFFICIAL: Director Pub Wks & Util ENFORCEMENT OFFICIAL: Director Pub Wks & Util EXPIRATION DATE: ( REVIEW DATE: 10. NOTICE OF ACTION PULLED [1 TABLED 11 APPROVED [] DISAPPROVED [1 AMENDED [l I I /~ I 1 COUNCIL DIRECTIVE: 2. CLEARANCE COMMENTS: 3. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation 5. IMPACT ON NON-PASSAGE: The City would not receive the proposed loan. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES: Staffing: No Impact. Budget: This loan reimburses the city for a portion of the cost to design and construct these necessary CSO Reduction activities. Facilities/Equipment: No impact. 7. RESEARCH SOURCES: RESOLUTION NO. ~,~ 7 ~ ? A RESOLUTION approving a State Revolving Fund Loan for the Anderson Cove CSO Reduction Facilities. WHEREAS, the Department of Ecology, a Washington State Agency, has established a State Revolving Fund (SRF) for providing financial assistance for partial reimbursement for the Design and Construction of the Anderson Cove CSO Reduction Facilities; and WHEREAS, the City of Bremerton desires to participate in the loan from said SRF; and WHEREAS, a requirement to participate requires a resolution of the governing body authorizing the City of Bremerton to receive a SRF loan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BREMERTON THAT: Section 1. The City of Bremerton desires to participate in the SRF Loan Program. Section 2. The City Council of the City of Bremerton does hereby authorize the City of Bremerton to receive a SRF Loan and to take such other actions as are necessary and relevant to the SRF Loan Program. PASSED by the City Concil of the City of Bremerton this day of ,2000. CAROL ARENDS, Council President WASHINGTON STATE DEPARTMENT OF ECOLOGY WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND THE CITY OF BREMERTON Project Title: Anderson Cove CSO Reduction Facilities Loan No.: Loan Amount: $959,573 Interest Rate: 1.5% Loan Term: 20 Years Effective: WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND THE CITY OF BREMERTON Table of Contents Page I. THE PARTIES ................................................................................................................................ 1 A. RECIPIENT Information ........................................................................................................... 1 B. DEPARTMENT Information ..................................................................................................... 1 C. Changes to Contact Information ................................................................................................. 2 II. AUTHORITY ................................................................................................................................. 2 A. Authority of RECIPIENT ........................................................................................................... 2 B. Opinion of RECIPIENT's Legal Counsel .................................................................................. 2 III. TERM OF AGREEMENT .............................................................................................................. 2 IV. THE PROJECT ............................................................................................................................... 3 A. PROJECT Description ............................................................................................................... 3 B. Scope of Work ............................................................................................................................ 3 C. PROJECT Budget ...................................................................................................................... 3 D. Sources of Funds for the PROJECT ........................................................................................... 3 E. PROJECT Schedule ................................................................................................................... 4 V. THE LOAN ..................................................................................................................................... 4 A. Source and Availability; LOAN Amounts; LOAN Terms ......................................................... 4 B. Requests for Payment ................................................................................................................. 5 C. Sources of LOAN Repayment .................................................................................................... 5 D. Method and Conditions on Repayments .................................................................................... 6 VI. REPRESENTATIONS AND WARRANTIES ............................................................................... 7 A. Existence; Authority ................................................................................................................... 7 B. Application; Material Information ............................................................................................. 7 C. Litigation; Authority .................................................................................................................. 8 D. Not an Excess Indebtedness ....................................................................................................... 8 E. Not a General Obligation .......................................................... Error! Bookmark not defined. F. Due Regard ................................................................................................................................. 8 -i- City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. VII. COVENANTS AND AGREEMENTS ........................................................................................... 8 A. Acceptance ................................................................................................................................. 8 B. Accounts and Records ................................................................................................................ 8 C. Alteration and Eligibility of PROJECT ..................................................................................... 8 D. Pledge of Net Revenue[ and ULID Assessments in the ULID] ................................................. 9 E. Maintenance and Operation of Utility ........................................................................................ 9 F. Collection of ULID Assessments .............................................. Error! Bookmark not defined. G. Coverage Requirement ............................................................................................................... 9 H. Reserve Requirement ................................................................................................................. 9 I. Free Service ................................................................................................................................ 9 J. Sale or Disposition of Utility ..................................................................................................... 9 K. Insurance .................................................................................................................................. 10 L. Levy and Collection of Taxes ................................................... Error! Bookmark not defined. VIII. TERMINATION AND DEFAULT; REMEDIES ........................................................................ 10 A. Termination and Default Events ............................................................................................... 10 B. Procedures for Termination ...................................................................................................... 11 C. Termination and Default Remedies .......................................................................................... 11 IX. MODIFICATIONS TO AGREEMENT ....................................................................................... 12 X. ALL AGREEMENTS CONTAINED HEREIN ........................................................................... 13 ATTACHMENT 1. DOCUMENTS INCORPORATED BY ATTACHMENT OR BY REFERENCE ATTACHMENT 2. AGREEMENT DEFINITIONS ATTACHMENT 3. AUTHORIZING ORDINANCE OR RESOLUTION ATTACHMENT 4. OPINION OF RECIPIENT'S LEGAL COUNSEL ATTACHMENT 5. SCOPE OF WORK ATTACHMENT 6. SPECIAL TERMS AND CONDITIONS ATTACHMENT 7. LOAN GENERAL TERMS AND CONDITIONS ATTACHMENT 8. LOAN REPAYMENT SCHEDULE - ii - WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND THE CITY OF BREMERTON FOR ANDERSON COVE CSO REDUCTION FACILITIES THIS is a binding loan agreement entered into by and between the state of Washington, Department of Ecology (the "DEPARTMENT"), and the city of Bremerton (the "RECIPIENT"). The purpose of this loan agreement (the "AGREEMENT") is to provide funds to the RECIPIENT (the "LOAN") to carry out the activities described herein (the "PROJECT"). This AGREEMENT consists of__ pages and eight (8) attachments. This AGREEMENT incorporates by attachment and by reference the documents listed in ATTACHMENT 1. Capitalized terms used, but not otherwise defined, in this AGREEMENT are defined in ATTACHMENT 2. I. THE PARTIES A. RECIPIENT Information Name and Address: City of Bremerton 239 Fourth Street Bremerton, WA 98337 Contact: Thomas Knuckey, P.E. Telephone Number: (360) 478-7976 E-Mail Address: tknuckey~ci.bremerton.wa.us Fax Number: (360) 478-5398 Federal Taxpayer ID Number: 91-6001231 B. DEPARTMENT Information Address: Water Quality Program Washington State Department of Ecology P.O. Box 47600 Olympia, WA 98504-7600 Page 1 of__ City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. Project Manager/Engineer: Mike Dawda, P.E. Water Quality Program Washington State Department of Ecology Address: 3190 - 160th Avenue S.E. Bellevue, WA 98008-5452 Telephone Number: (425) 649-7027 E-Mail Address: mdaw461 ~ecy.wa.gov Fax Number: (425) 649-7098 Financial Manager: Karen M. Beatty-Lee Address: Financial Management Section Water Quality Program Washington State Department of Ecology P.O. Box 47600 Olympia, WA 98504-7600 Telephone Number: (360) 407-6549 E-Mail Address: kbea461 ~ecy.wa.gov Fax Number: (360) 407-6426 Catalog of Federal Domestic Assistance Number: 66-458 C. Changes to Contact Information The RECIPIENT may modify its Contact designated above, and the DEPARTMENT may modify its Project Manager/Engineer or Financial Manager designated above, by letter to that effect mailed to the others at the respective addresses shown in Sections I-A and I-B above. II. AUTHORITY A. Authority of RECIPIENT This AGREEMENT is authorized (i) by the Constitution and laws of the state of Washington, including the RECIPIENT's authority thereunder, and (ii) by the RECIPIENT pursuant to the ordinance or resolution attached hereto as ATTACHMENT 3. B. Opinion of RECIPIENT's Legal Counsel The DEPARTMENT has received an opinion of legal counsel to the RECIPIENT in the form and substance of ATTACHMENT 4. III. TERM OF AGREEMENT The effective date of this AGREEMENT shall be the date this AGREEMENT is signed by the DEPARTMENT's Water Quality Program Manager. Any work performed prior to the effective date of this AGREEMENT without prior written authorization of the DEPARTMENT will be at the sole expense and risk of the RECIPIENT. (see ATTACHMENT 6, SPECIAL TERMS AND Page 2 of__ City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. CONDITIONS, Paragraph K. - Refinancing). This AGREEMENT shall remain in effect until the date of final repayment of the LOAN, unless terminated earlier according to the provisions herein. IV. THE PROJECT A. PROJECT Description The facilities constructed in this project will reduce Combined Sewer Overflow (CSO) events as required for compliance with state regulations, court orders, and improvement of Puget Sound water quality. This project will construct all facilities within Anderson Cove, except upgrading pump stations CW-4 and the associated flow diversion. B. Scope of Work The RECIPIENT shall use the SRF loan to refinance costs associated with the facility planning, design and construction of Anderson Cove CSO separation facilities. The RECIPIENT shall ensure that the PROJECT is completed according to the details of this AGREEMENT including, but not limited to, those contained in ATTACHMENT 5, "SCOPE OF WORK," ATTACHMENT 6, "SPECIAL TERMS AND CONDITIONS," AND ATTACHMENT 7, "LOAN GENERAL TERMS AND CONDITIONS." No changes, additions, and/or deletions to the Scope of Work shall be authorized except by a formal written amendment to this AGREEMENT made in accordance with Section IX hereof. C. PROJECT Budget Total Total Eligible SRF LOAN Elements/Objects PROJECT PROJECT Cost AMOUNT Cost 1. Facility Plan Development $ 100,000 $ 100,000 $ 2. Design $ 300,000 $ 300,000 3. Basin8 $ 730,000 $ 730,000 $ 4. Basin9 $ 40,000 $ 40,000 $ 5. Basin 10 $ 30,000 $ 30,000 $ 6. Basin 11 $ 20,000 $ 20,000 $ 7. Basin l2 $ 355,000 $ 355,000 $ Totals $1,575,000 $1,575,000 $959,573 D. Sources of Funds for the PROJECT SRF REFINANCE LOAN (FY 01) $959,573 Local Funds $615,427 Page 3 of__ City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. Total $1,575,000 E. PROJECT Schedule The RECIPIENT agrees to complete the PROJECT in accordance with the following schedule (the "PROJECT Schedule"): 1. PROJECT Start Date: [Indicate Date] or [N/A] 2. PROJECT Completion Date: [Indicate Date] or [N/A] Any changes to the PROJECT Schedule must be effected through a formal amendment to this AGREEMENT as provided in Section IX hereof. The useful life of the PROJECT is 20 years. V. THE LOAN A. Source and Availability; LOAN Amounts; LOAN Terms DEPARTMENT Funding Source: Washington State Water Pollution Control Revolving Fund (SRF) Subject to all of the terms, provisions, and conditions of this AGREEMENT, and subject to the availability of federal and state funds, the DEPARTMENT will loan to the RECIPIENT the sum of nine hundred fifty-nine thousand, five hundred seventy-three dollars ($959,573) (the "Estimated LOAN Amount"). When the PROJECT Completion Date or the Initiation of Operation Date has occurred (if appropriate), the DEPARTMENT and the RECIPIENT will execute an amendment to this AGREEMENT which details the final LOAN amount (the "Final LOAN Amount"), and the DEPARTMENT will prepare a final LOAN repayment schedule, substantially in the form of ATTACHMENT 8. The Final LOAN Amount will be the combined total of actual disbursements and all accrued interest to the computation date. The Estimated LOAN Amount and the Final LOAN Amount (in either case, as applicable, a "LOAN Amount") shall bear interest at the rate of 1.5% per annum, calculated on the basis of a 365-day year. Interest on the Estimated LOAN Amount will accrue from and be calculated based on the date that each payment is mailed to the RECIPIENT. The Final LOAN Amount shall be repaid semiannually over a term of twenty (20) years, as provided in ATTACHMENT 8. The DEPARTMENT will work closely with the RECIPIENT to review and evaluate the RECIPIENT'S financial circumstances for an appropriate interest rate to address financial hardship within applicable federal and state regulations as related to the eligible construction cost of the project defined in this AGREEMENT. The review and evaluation will be based on the final eligible construction costs and receipt of any additional state and/or federal grants and loans for the project. Page 4 of__ City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. B. Request for Payment- (See ATTACHMENT 6, SPECIAL TERMS AND CONDITIONS, Paragraph K. - Refinancing) 1. Procedure. Payments to the RECIPIENT shall be made on a reimbursable basis at least quarterly and no more often than once per month. Each request for payment will be submitted by the RECIPIENT, along with documentation of the expenses per the DEPARTMENT's ADMrNISTR~TIVE REQUIREMENTS, on an A19-1A payment request form and other required forms provided by the DEPARTMENT. Payment requests shall be submitted by the RECIPIENT to the Financial Manager of the DEPARTMENT. Payments shall be made only for eligible PROJECT costs incurred and shall not exceed thc Estimated LOAN Amount. Instructions for submitting payment requests are found in ADMINISTRATIVE REQUIREMENTS, PART IV. A copy of this document shall be furnished to the RECIPIENT. 2. Period of Payment. Payments shall only be made for eligible costs of the PROJECT pursuant to the AGREEMENT and performed after the effective date and prior to the expiration date of the AGREEMENT, unless those dates are specifically modified in writing as provided in Section III or pursuant to Section IX herein. 3. Ineligible Costs. If any audit identifies LOAN funds which were used to support ineligible costs, such funds may be immediately due and payable to the DEPARTMENT notwithstanding any provision to the contrary herein. 4. Overhead Costs. No payment for overhead costs in excess of 25 percent of salaries and benefits of the RECIPIENT shall be allowed. 5. Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and warranties made in this AGREEMENT remain true as of the date of the request and that no adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the PROJECT or to repay the principal of or interest on the LOAN, have occurred since the date of this AGREEMENT. Any changes in the foregoing shall be specifically disclosed in writing to the DEPARTMENT by the RECIPIENT in its request for payment. C. Sources of LOAN Repayment 1. Nature of RECIPIENT'S Obligation. The obligation of the RECIPIENT to repay the LOAN from the sources identified below and to perform and observe all of the other agreements and obligations on its part contained herein shall be absolute and unconditional, and shall not be subject to diminution by setoff, counterclaim, or abatement of any kind. 2. Revenue-Secured; Lien Position. This LOAN is a Revenue-Secured Debt of the RECIPIENT's Utility. This LOAN shall constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any Senior Lien Obligations. To secure the repayment of the LOAN from the DEPARTMENT, the RECIPIENT agrees to comply with all of the covenants and agreements herein including, but not limited to those, contained in Section VII of Page 5 of__ City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. this AGREEMENT. 3. Other Sources of Repayment. The RECIPIENT may repay any portion of the LOAN from any funds legally available to it other than those pledged in Section V-C-2 hereof. 4. Defeasance of the LOAN; Refinancing or Additional Financing of the PROJECT. So long as the DEPARTMENT shall hold this LOAN, the RECIPIENT shall not be entitled to, and shall not effect, an economic Defeasance of the LOAN. The RECIPIENT also shall not refinance the PROJECT, including making an advance refunding of the LOAN, or obtain grants or loans additional to those listed in Section IV hereof to finance the PROJECT, without the written consent of the DEPARTMENT. If the RECIPIENT defeases or advance refunds the LOAN or obtains additional grants or loans for the PROJECT without DEPARTMENT consent, it shall be required to use the proceeds thereof immediately upon their receipt, together with other available RECIPIENT funds, to repay (i) the LOAN Amount with interest, and (ii) any other obligations of the RECIPIENT to the DEPARTMENT under this AGREEMENT, unless in its sole discretion the DEPARTMENT finds that repayment from those additional sources would not be in the public interest. Failure to repay the LOAN Amount plus interest within the time specified in the DEPARTMENT's notice to make such repayment shall incur Late Charges under Section V-D-2 and shall be treated as a LOAN Default under Section VIII-A hereof. D. Method and Conditions on Repayments - (See ATTACHMENT 6, SPECIAL TERMS AND CONDITIONS, Paragraph K. - Refinancing) 1. Semiannual Payments. Notwithstanding any other provision of this AGREEMENT, the first semiannual payment of principal and interest on this LOAN shall be paid not later than the earlier of (i) one (1) year after the PROJECT Completion Date or Initiation of Operation Date, or (ii) five (5) years from the first payment by the DEPARTMENT. Equal payments shall be due every six months thereafter. If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies, the payment shall be due on the next business day for Washington State agencies. Payments shall be mailed to: Cashiering Section Washington State Department of Ecology Page 6 of__ City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. P.O. Box 5128 Lacey, WA 98509-5128 No change to the amount of the semiannual principal and interest payments shall be made without a formal amendment to this AGREEMENT. The RECIPIENT will continue to make semiannual payments based on this AGREEMENT until the amendment is effective, at which time the RECIPIENT's payments shall be made pursuant to the amended AGREEMENT. 2. Late Charges. If any amount of the Final LOAN Amount or any other amount owed to the DEPARTMENT pursuant to this AGREEMENT remains unpaid after it becomes due and payable, the DEPARTMENT may assess a late charge (a "Late Charge"). The Late Charge shall be additional interest at the rate of one percent per month, or fraction thereof, starting on the date the debt becomes past due and continuing until the debt is paid in full. The RECIPIENT hereby agrees to pay such Late Charge. Nothing contained herein affects the DEPARTMENT'S default rights in Section VIII-C of this AGREEMENT. 3. Repa_smaent Limitations. Repayment of the LOAN is subject to the following additional limitations, among others: those on Defeasance, refinancing and advance refunding, and additional financing contained in Section V-C-4; and on termination, default and recovery of payments contained in Section VIII hereof. 4. Prepayment of LOAN. So long as the DEPARTMENT shall hold this LOAN, the RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the LOAN, or any portion of the remaining unpaid principal balance of the LOAN Amount. Any prepayments on the LOAN will be applied first to any accrued interest due, and then to the outstanding principal balance of the LOAN Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest, the RECIPIENT shall first contact the DEPARTMENT's Cashiering Section. VI. REPRESENTATIONS AND WARRANTIES The RECIPIENT represents and warrants to the DEPARTMENT as follows: A. Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of Washington or a federally recognized Indian tribe. It has full corporate power and authority to execute, deliver, and perform all of its obligations under this AGREEMENT and to undertake the PROJECT identified herein. B. Application; Material Information. All information and materials submitted by the RECIPIENT to the DEPARTMENT in connection with its LOAN application were when made, and are as of the date the RECIPIENT executes this AGREEMENT, true and correct. There is no material adverse information relating to the RECIPIENT, the PROJECT, the LOAN or this AGREEMENT known to the RECIPIENT which has not been disclosed in writing to the DEPARTMENT. Page 7 of City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. C. Litigation; Authority. No litigation is now pending or, to the RECIPIENT'S knowledge, threatened, seeking to restrain or enjoin (i) the execution of this AGREEMENT, or (ii) the fixing or collection of the revenues, rates, and charges pledged to pay the principal of and interest on the LOAN, or (iii) in any manner questioning the proceedings and authority under which the AGREEMENT, the LOAN or the PROJECT are authorized. Neither the corporate existence or boundaries of the RECIPIENT nor the title of its present officers to their respective offices is being contested. No authority or proceeding for the execution of this AGREEMENT has been repealed, revoked, or rescinded. D. Not an Excess Indebtedness. This AGREEMENT and the LOAN to be made hereunder do not create an indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations. E. Due Regard. The RECIPIENT has exercised due regard for Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the Loan Fund a greater amount of the Gross Revenue of the Utility than in its judgment will be available over and above such Maintenance and Operation Expense and those debt service requirements. VII. COVENANTS AND AGREEMENTS A. Acceptance. The RECIPIENT accepts and agrees to comply with all terms, provisions, conditions, and commitments of this AGREEMENT, including all incorporated and referenced documents, and to fulfill all assurances, declarations, representations, and commitments made by the RECIPIENT in its application, accompanying documents and communications filed in support of its request for a LOAN. B. Accounts and Records. The RECIPIENT will keep proper and separate accounts and records in which complete and separate entries shall be made of all transactions relating to this AGREEMENT. C. Alteration and Eligibility of PROJECT. During the term of this AGREEMENT, the RECIPIENT (i) shall not materially alter the design or structural character of the PROJECT without the prior written approval of the DEPARTMENT and (ii) shall take no action which would adversely affect the eligibility of the PROJECT as a Washington State Water Pollution Control Revolving Fund project under Chapter 173-98 WAC, "Uses and Limitations of the Water Pollution Control Revolving Fund," or which would cause a violation of any covenant, condition, or provision herein. Page 8 of__ City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. D. Pledge of Net Revenue. For so long as the LOAN is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility to pay when due the principal of and interest on the LOAN. E. Maintenance and Operation of Utility. The RECIPIENT will at all times maintain and keep the Utility in good repair, working order and condition and also will at all times operate the Utility and the business in connection therewith in an efficient manner and at a reasonable cost. F. Coverage Requirement. For so long as the LOAN is outstanding, the RECIPIENT shall establish, maintain, and collect such rates and charges for Utility service which will produce Net Revenue which, shall be at least equal to the Coverage Requirement. "Coverage Requirement" means annual Net Revenue which, after the payment of Senior Lien Obligations and together with ULID Assessments (if applicable), is at least equal to 120% of Annual Debt Service on the LOAN and any other obligations on a parity therewith. G. Reserve Requirement. For loans that are Revenue-Secured Debt with terms greater than five (5) years, the RECIPIENT must accumulate a reserve for the LOAN equivalent to at least the Average Annual Debt Service on the LOAN during the first five (5) years of the repayment period of the LOAN. This amount shall be deposited in a Reserve Account in the LOAN Fund in approximately equal annual payments commencing within one year after the Initiation of Operation or the PROJECT Completion Date, whichever comes first. "Reserve Account" means, for a LOAN that constitutes Revenue-Secured Debt, an account of that name created in the Loan Fund to secure the payment of the principal of and interest on the LOAN. The amount on deposit in the Reserve Account may be applied by the RECIPIENT (i) to make, in part or in full, the final repayment to the DEPARTMENT of the LOAN Amount or, (ii) if not so applied, for any other lawful purpose of the RECIPIENT once the LOAN Amount, plus interest and any other amounts owing to the DEPARTMENT hereunder, have been paid in full. H. Free Service. The RECIPIENT will not furnish Utility service to any customer free of charge if providing that free service will affect the RECIPIENT'S ability to meet the obligations of this AGREEMENT. I. Sale or Disposition of Utility. The RECIPIENT will not sell, transfer, or otherwise dispose of any of thc works, plant, properties, facilities, or other part of the Utility or any real or personal property comprising a part of the Utility unless: 1. The facilities or property transferred are not material to the operation of the Utility, Page 9 of City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. or shall have become unserviceable, inadequate, obsolete, or unfit to be used in the operation of the Utility or are no longer necessary, material, or useful to the operation of the Utility; or 2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more than three (3) percent of the total assets of the Utility; or 3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less the amount of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the Utility from the portion of the Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period. The proceeds of any transfer under this paragraph shall be used (i) to redeem promptly, or irrevocably set aside for the redemption of, Senior Lien Obligations and to redeem promptly the LOAN, and/or (ii) to provide for part of the cost of additions to and betterments and extensions of the Utility. J. Insurance. The RECIPIENT will at all times carry fire and extended coverage, public liability and property damage, and such other forms of insurance with responsible insurers and with policies payable to the RECIPIENT on such of the buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carded by municipal or privately-owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carded by municipal or privately-owned utilities engaged in the operation of like systems, or it will self-insure or will participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss. A. Termination and Default Events 1. For Insufficient DEPARTMENT or RECIPIENT Funds. This AGREEMENT may be terminated by the DEPARTMENT for insufficient DEPARTMENT or RECIPIENT funds. 2. For Failure to Commence Work. This AGREEMENT may be terminated by the DEPARTMENT for failure of the RECIPIENT to commence PROJECT work. 3. Past Due Payments. The RECIPIENT will be in default of its obligations under this AGREEMENT when any LOAN repayment becomes sixty (60) days past due. 4. Other Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance in full by the RECIPIENT of all of. its obligations under this AGREEMENT. The RECIPIENT will be in default of its obligations under this AGREEMENT if, in the opinion of the DEPARTMENT, the RECIPIENT has unjustifiably failed to perform any obligation required of it by this AGREEMENT including, but not limited to, the PROJECT Schedule contained in Page 10 of__ City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. Section IV-D hereof. B. Procedures for Termination If this AGREEMENT is terminated prior to PROJECT completion, the DEPARTMENT shall provide to the RECIPIENT a written notice of termination at least five (5) working days prior to the effective date of termination (the "Termination Date"). The written notice of termination by the DEPARTMENT shall specify the Termination Date and, when applicable, the date by which the RECIPIENT must repay any outstanding balance of the LOAN and all accrued interest (the "Termination Payment Date"). C. Termination and Default Remedies 1. No Further Payments. On and after the Termination Date or in the event of a default event, the DEPARTMENT may, in its sole discretion, withdraw the LOAN and make no further payments under this AGREEMENT. 2. Repayment Demand. In response to a termination event, except in the circumstances described in Section VIII-A-1 above, or in response to a default event, the DEPARTMENT may in its sole discretion demand that the RECIPIENT repay the outstanding balance of the LOAN Amount and all accrued interest. 3. Interest after Repayment Demand. From the time that the DEPARTMENT demands repayment of funds under Section VIII-B or Section VIII-C-2 hereof, amounts owed by the RECIPIENT to the DEPARTMENT shall accrue additional interest at the rate of one percent per month, or fraction thereof. 4. Accelerate Repayments. In the event of a default event, the DEPARTMENT may in its sole discretion declare the principal of and interest on the LOAN immediately due and payable[, subject to the prior lien and charge of any outstanding Senior Lien Obligations upon the Net Revenue]. Repayments not made immediately upon such acceleration shall incur Late Charges as provided in Sections V-D-2 and VIII-C-5 hereof. 5. Late Charges. All amounts due to the DEPARTMENT and not paid by the RECIPIENT by the Termination Payment Date or after acceleration following a default event, as applicable, shall incur Late Charges as provided in Section V-D-2 hereof. 6. Intercept State Funds. In the event of a default event and in accordance with RCW 90.50A.060, "Defaults," any state funds otherwise due to the RECIPIENT may, in the DEPARTMENT's sole discretion, be withheld and applied to the repayment of the LOAN. 7. Property to DEPARTMENT. In the event of a default event and at the option of the DEPARTMENT, any property (equipment and land) acquired under this AGREEMENT may in the DEPARTMENT's sole discretion become the DEPARTMENT's property. In that circumstance, the RECIPIENT's liability to repay money shall be reduced by an amount reflecting the fair value of such property. Page 11 of__ City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. 8. Documents and Materials. If this AGREEMENT is terminated, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared hereunder by the RECIPIENT shall, at the option of the DEPARTMENT, become DEPARTMENT property. The RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. 9. Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any actions it deems necessary to collect the amounts due or to become due, or to enforce the performance and observance of any obligation by the RECIPIENT, under this AGREEMENT. 10. Fees and Expenses. In any action to enforce the provisions of this AGREEMENT, reasonable fees and expenses of attorneys and other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff) shall be awarded to the prevailing party as that term is defined in RCW 4.84.330, "Actions on contract or lease...--Waiver prohibited." 11. Damages. Notwithstanding the DEPARTMENT's exercise of any or all of the termination or default remedies provided in Section VIII-C-1 through VIII-C-10 above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the state of Washington because of any breach of this AGREEMENT by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. IX. MODIFICATIONS TO AGREEMENT No subsequent amendments to this AGREEMENT shall be of any force or effect unless reduced to a writing and signed by authorized representatives of the RECIPIENT and the DEPARTMENT, and made part hereof, except: 1. Any change of the RECIPIENT'S Contact or of the DEPARTMENT'S Project Manager/Engineer or Financial Manager as set forth respectively in Sections I-A and I-B hereof, may be made by either party as provided in Section I-C; or 2. Insubstantial modifications, such as frequency and number of required submittals, budget allocations not affecting the total LOAN Amount and similar changes requested by the RECIPIENT in writing, may be approved in writing by the Project Manager of the DEPARTMENT. No amendment to this AGREEMENT shall be effective until accepted or affirmed in writing by the DEPARTMENT. In no event shall any oral agreement or oral commitment be effective to amend this AGREEMENT. Page 12 of__ City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. X. ALL AGREEMENTS CONTAINED HEREIN This Agreement, including the incorporated documents, contains the entire understanding between the parties, and there are no other understandings or representations other than those set forth or incorporated by reference herein. No subsequent substantive amendments to this Agreement shall be of any force or effect unless made in conformity with Section IX hereof. IN WIT.NESS WHEREOF, the DEPARTMENT and the RECIPIENT have executed this AGREEMENT as of the dates set forth below, to be effective as provided above. STATE OF WASHINGTON CITY OF BREMERTON DEPARTMENT OF ECOLOGY MEGAN WHITE, P.E. DATE LYNN S. HORTON DATE PROGRAM MANAGER MAYOR WATER QUALITY PROGRAM APPROVED AS TO FORM ONLY ASSISTANT ATTORNEY GENERAL (9/12/00) Page 13 of__ City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. ATTACHMENT 1 DOCUMENTS INCORPORATED BY ATTACHMENT OR BY REFERENCE Each of the following documents is incorporated by attachment or by reference and shall have the same force and effect as if contained in the AGREEMENT: A. By Attachment: · ATTACHMENT 1: DOCUMENTS INCORPORATED BY ATTACHMENT OR BY REFERENCE · ATTACHMENT 2: AGREEMENT DEFINITIONS · ATTACHMENT 3: AUTHORIZING ORDINANCE OR RESOLUTION · ATTACHMENT 4: OPINION OF RECIPIENT'S LEGAL COUNSEL · ATTACHMENT 5: SCOPE OF WORK · ATTACHMENT 6: SPECIAL TERMS AND CONDITIONS · ATTACHMENT 7: LOAN GENERAL TERMS AND CONDITIONS · ATTACHMENT 8: LOAN REPAYMENT SCHEDULE B. By Reference: · The DEPARTMENT'S WATER QUALITY PROGRAMS FINANCIAL ASSISTANCE FOR FISCAL YEAR 2001--VOLUME ONE: GUIDELINES and VOLUME TWO: APPENDICES (December 1999) (hereinafter, "GUIDELrNES") · The DEPARTMENT's Administrative Requirements for Ecology Grants and Loans (July 1995) (hereinafter, "ADMINISTRATIVE REQUIREMENTS") · If and when executed by the RECIPIENT and the DEPARTMENT, each Loan Agreement Amendment Declaration of Construction--Form ECY 040-2-28(b) · RECIPIENTS legislation (ordinance for cities, towns, and applicable charter counties; resolution for others) adopting the Utility system or plan, or system or plan of additions and betterments to and extensions of the Utility (in the case of cities and towns), or comprehensive plan, or comprehensive plan amendment, relating to the PROJECT · Facilities Plan Approval Letter (where applicable) and any amendments thereto · Plans and Specifications Approval Letter (where applicable) and any amendments thereto ATTACHMENT 1 --Page 1 of 1 City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. ATTACHMENT 2 AGREEMENT DEFINITIONS Unless otherwise provided, the following terms shall have the respective meanings for all purposes of this AGREEMENT: '~ADMINISTRATIVE REQUIREMENTS" means the DEPARTMENT's ADMINISTRATIVE REQUIREMENTS FOR ECOLOGY GRANTS AND LOANS (July 1995). "Annual Debt Service" for any calendar year means, for any applicable bonds or loans including the LOAN, all interest plus all principal due on such bonds or loans in such year. "Average Annual Debt Service" means, at the time of calculation, the sum of the Annual Debt Service for'the remaining years of the LOAN to the last scheduled maturity of the LOAN divided by the number of those years. "Centennial Clean Water Fund (Centennial)" means, a portion of fund 139 of the Water Quality Account administered by the DEPARTMENT. "Coverage Requirement" means annual Net Revenue which, after the payment of Senior Lien Obligations and together with ULID Assessments (if applicable), is at least equal to 120% of Annual Debt Service on the LOAN and any other obligations on a' parity therewith. "Defease" or "Defeasance" means the setting aside in escrow or other special fund or account of sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due. "DEPARTMENT" means the state of Washington, Department of Ecology, or any successor agency or department. "Estimated LOAN Amount" means the initial amount of funds loaned to the RECIPIENT. "Final LOAN Amount" means all principal of and interest on the LOAN from the PROJECT Start Date through the PROJECT Completion Date. "General Obligation Debt" means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT. "Gross Revenue" means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) ULID Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with other ATTACHMENT 2 -- Page 1 of 4 City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code. "GUIDELINES" means the DEPARTMENT'S WATER QUALITY PROGRAMS FINANCIAL ASSISTANCE FOR FISCAL YEAR 2001--VOLUME ONE: GUIDELINES and VOLUME TWO: APPENDICES (December 1999). "Initiation of Operation" is the actual date the Water Pollution Control Facilities financed with proceeds of the LOAN begin to operate for their intended purpose. This date may occur prior to final inspection and will be determined by the DEPARTMENT after consultation with the RECIPIENT. This date may be the same, or earlier, than the PROJECT Completion Date. For those projects where Initiation of Operation is not applicable, use the PROJECT Completion Date. "LOAN" means the Washington State Water Pollution Control Revolving Fund (SRF) Loan or Centennial Clean Water Fund (Centennial) Loan made pursuant to this AGREEMENT. "LOAN Amount" means either an Estimated LOAN Amount or a Final LOAN Amount, as applicable. "LOAN Fund" means the special fund of that name created by ordinance or resolution of the RECIPIENT for the repayment of the principal of and interest on the LOAN. "Maintenance and Operation Expense" means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be operated and maintained in good repair, working order, and condition including payments to other parties for the transmission, treatment, or disposal of sewage, but shall not include any depreciation or RECIPIENT-levied taxes or payments to the RECIPIENT in lieu of taxes. "Net Revenue" means the Gross Revenue less the Maintenance and Operation Expense. "Pri. ncipal and Interest Account" means, for a LOAN that constitutes Revenue-Secured Debt, the account of that name created in the Loan Fund to be first used to repay the principal of and interest on the LOAN. "PROJECT" means the PROJECT described in this AGREEMENT. "PROJECT Completion Date" is the date specified in the AGREEMENT as that on which the Scope of Work will be fully completed and the date the PROJECT will end. The PROJECT Completion Date may be changed to an earlier or later date by an amendment to the AGREEMENT. "PROJECT Schedule" is that schedule for the PROJECT specified in the AGREEMENT. "Reserve Account" means, for a LOAN that constitutes Revenue-Secured Debt, the account of that name created in the Loan Fund to secure the payment of the principal of and interest on the LOAN. "Revenue-Secured Debt" means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a general obligation of the RECIPIENT. ATTACHMENT 2 -- Page 2 of 4 City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. "Scope of Work" means the tasks and activities constituting the PROJECT and contained in ATTACHMENT 5, "SCOPE OF WORK," hereto. "Senior Lien Obligations" means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of execution of this AGREEMENT (or subsequently issued on a parity therewith, including refunding obligations) or issued after the date of execution of this AGREEMENT having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim or lien of the LOAN, subject only to Maintenance and Operation Expense. '~State Water Pollution Control Revolving Fund (SRF)" means the water pollution control revolving fund established by RCW 90.50A.020. "Termination Date" means the effective date of the DEPARTMENT's termination of the AGREEMENT. "Termination Payment Date" means the date on which the RECIPIENT is required to repay to the DEPARTMENT any outstanding balance of the LOAN and all accrued interest. "Total Eligible PROJECT Cost" means the sum of all costs associated with a water quality project that have been determined to be eligible for DEPARTMENT grant or loan funding. "Total PROJECT Cost" means the sum of all costs associated with a water quality project, including costs that are not eligible for DEPARTMENT grant or loan funding. "ULID" means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions to and extensions and betterments of the Utility. "The ULID" means the utility local improvement district of the RECIPIENT, if any, the improvements to which constitute all or part of the PROJECT. "ULID Assessments" means all assessments levied and collected in any ULID. Such assessments are pledged to be paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID Assessments shall include principal installments thereof and any interest or penalties which may be due thereon. "Utility" means either the water system, the sewer system (which may include a storm sewer or surface water system) or the combined water and sewer system of the RECIPIENT, the Net Revenue of which are pledged to pay and secure the LOAN. "Water Pollution Control Activities" means actions to achieve the following purposes: 1. To control nonpoint sources of water pollution; 2. To develop and implement a comprehensive conservation and management plan for estuaries; and 3. To maintain, improve, or protect water quality through the use of Water Pollution Control Facilities, management programs, or other means. ATTACHMENT 2 -- Page 3 of 4 City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. "Water Pollution Control Facilities" means any facilities or systems for the control, collection, storage, treatment, disposal, or recycling of wastewater. Wastewater includes, but is not limited to, sanitary sewage, storm water, combined sewer overflows, residential, commercial, industrial, and agricultural wastes which are causing water quality degradation due to concentrations of conventional, nonconventional, or toxic pollutants. Water Pollution Control Facilities include all equipment, utilities, structures, real property integral to the treatment process, and interests in and improvements on real property necessary for or incidental to such purpose. Water Pollution Control Facilities also include facilities, equipment, and collection systems as are necessary to protect federally designated sole source aquifers. (9/12/00) ATTACHMENT 2 -- Page 4 of 4 City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. ATTACItMENT 3 AUTHORIZING ORDINANCE OR RESOLUTION ATTACHMENT 3 -- Page 1 of__ 35 City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. ATTACHMENT 4 OPINION OF RECIPIENT'S LEGAL COUNSEL I am an attorney at law admitted to practice in the state of Washington and the duly appointed attorney of the city of Bremerton (the "RECIPIENT"); and I have examined any and all documents and records pertinent to the AGREEMENT. Based on the foregoing, it is my opinion that: A. The RECIPIENT is a duly organized and legally existing municipal corporation or political subdivision under the laws of the state of Washington or a federally recognized Indian tribe; B. The RECIPIENT has the power and authority to execute and deliver, and to perform its obligations under, the AGREEMENT; C. The AGREEMENT has been duly authorized and executed by RECIPIENT's authorized representatives and, to my best knowledge and after reasonable investigation, all other necessary actions have been taken to make the AGREEMENT valid, binding, and enforceable against the RECIPIENT in accordance with its terms, except as such enforcement is affected by bankruptcy, insolvency, moratorium, or other laws affecting creditors' rights and principles of equity if equitable remedies are sought; D. To my best knowledge and after reasonable investigation, the AGREEMENT does not violate any other agreement, statute, court order, or law to which the RECIPIENT is a party or by which it or its properties is bound; and E. There is currently no litigation seeking to enjoin the commencement or completion of the PROJECT or to enjoin the RECIPIENT from entering into the AGREEMENT or from accepting or repaying the LOAN. The RECIPIENT is not a party to litigation which will materially affect its ability to repay such loan on the terms contained in the AGREEMENT. [K The AGREEMENT constitutes a valid obligatiOn of the RECIPIENT payable from the Net RevenUes of the Utility[ and ULID Assessments in the ULID]. Capitalized terms used herein shall have the meanings ascribed thereto in the AGREEMENT between the RECIPIENT and the DEPARTMENT. RECIPIENT's Legal Counsel Date ATTACHMENT 4 -- Page 1 of 1 37 City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. ATTACHMENT 5 SCOPE OF WORK A. Certifications The RECIPIENT certifies by signing this AGREEMENT that all negotiated interlocal agreements necessary for the PROJECT are, or will be, consistent with the terms of this AGREEMENT and Chapter 39.34 RCW, "Interlocal Cooperation Act." The RECIPIENT shall submit a copy of each interlocal agreement necessary for the PROJECT to the DEPARTMENT. The RECIPIENT certifies by signing this AGREEMENT that the requirements of Chapter 39.80 RCW, "Contracts for Architectural and Engineering Services," have been met in procuring qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final negotiated agreement and submit a copy of the agreement to the DEPARTMENT. B. Scope of Work The construction of the Anderson Cove Combined Sewer Overflow (CSO) separation facilities were completed in accordance with the approved plans and specifications. The SRF loan will provide partial refinancing for the work performed in the following basins: · Basin 8 Storm sewer construction in the vicinity of 21st Street and Wycoff Avenue; pump station CW-2 upgrade to 1,600 gpm; new force main on Snyder Avenue south to 15th Street; and sanitary sewer construction in the vicinity of 13th Street. · Basin 9 Piping modifications at pump station CW-1 and overflow 9. · Basin 10 Storm sewer construction in the vicinity of Thompson Drive, Marguerite Avenue, and Pennsylvania Avenue. · Basin 11 Storm sewer construction on 14~h Street. · Basin 12 New force main from pump station CW-4 to 13th Street, and storm sewer construction on Ohio Street. (9/22/99) ATTACHMENT 5 -Page 1 of City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. ATTACHMENT 5 - Page 2 of__ City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. ATTACHMENT 6 SPECIAL TERMS AND CONDITIONS A. Requests for Payment. The DEPARTMENT shall disburse to the RECIPIENT the estimated loan mount within thirty (30) days of the DEPARTMENT'S receipt of the A19-1A payment request form from the RECIPIENT. The payment request form will be provided by the DEPARTMENT. Payment reimbursement will be as a lump sum payment. B. Semiannual Payments. Notwithstanding any other provision of this AGREEMENT, the first semiannual payment of principal and interest on this LOAN will be due within six months after the RECIPIENT receives the lump sum LOAN payment. Equal payments shall be due every six months thereafter. C. Final LOAN Amendment and Repayment Schedule. The DEPARTMENT upon disbursement will prepare the Final LOAN Amendment and Repayment schedule. The Final LOAN Amount will be the combined total of the actual disbursement and all accrued interest to the computation date, calculated from the date that the payment is mailed to the RECIPIENT. D. Minori _ty and Women's Business Participation. The RECIPIENT agrees to solicit and recruit, to the maximum extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated after the effective date of this Agreement. In the absence of more stringent goals established by the RECIP[ENT's jurisdiction, the RECIPIENT agrees to utilize the DEPARTMENT'S goals for minority- and women-owned business participation in all bid packages, request for proposals, and purchase orders. These goals are expressed as a percentage of the total dollars available for the purchase or contract and are as follows: Construction/Public Works 10% MBE 6% WBE Architecture/Engineering 10% MBE 6% WBE Purchased Goods 8% MBE 4% WBE Purchased Services 10% MBE 4% WBE Professional Services 10% MBE 4% WBE Meeting these goals is voluntary and no contract award or rejection shall be made based on achievement or non-achievement of the goals. Achievement of the goals is encouraged, however, and the RECIPIENT and ALL prospective bidders or persons submitting qualifications shall take the following affirmative steps in any procurement initiated after the effective date of this Agreement: ATTACHMENT 6 - Page 1 of 4 City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. 1. Include qualified minority and women's businesses on solicitation lists. 2. Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. 3. Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. 4. Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. 5. Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. By signing this Agreement, the RECIPIENT certifies that the above steps were, or will be followed. Any contractor engaged by the RECIPIENT under this agreement shall be required to follow the above five affirmative steps in the award of any subcontract(s). The RECIPIENT shall report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. The report will address: 1. Name and state OMWBE certification number of any qualified firm receiving funds under the voucher, including any sub-and/or sub-subcontractors. 2. The total dollar amount paid to qualified firms under this invoice. E. Accounting Standards. The RECIPIENT shall maintain accurate records and accounts for the PROJECT ("PROJECT Records") in accordance with generally accepted government accounting standards including those contained in the STANDARDS FOR AUDIT OF GOVERNMENTAL ORGANIZATIONS, PROGRAMS, ACTIVITIES, AND FUNCTIONS promulgated by the U.S. General Accounting Office. These PROJECT Records shall be separate and distinct from the RECIPIENT's other records and accounts (General Accounts). Eligible costs shall be audited annually by an independent, certified accountant and/or state auditor, which may be part of the annual audit of the General Accounts of the RECIPIENT. If the annual audit includes an auditing of this PROJECT, a copy of such audit, including all written comments, recommendations and findings, shall be furnished to the DEPARTMENT within thirty (30) days after receipt of the final audit report. F. Prevailing Wage. The RECIPIENT shall require all contractors and subcontractors on the PROJECT to pay wages at rates not less than those prevailing for the same type of work on similar construction in the immediate locality, in compliance with state prevailing wage rate requirements, Chapter 39.12 RCW Prevailing Wages on Public Works. To obtain the state prevailing wage rates, contact the Washington State Department of Labor and Industries. G. Procurement. The RECIPIENT is responsible for procuring professional, personal, and other services using sound business judgment and good administrative procedures. This includes issuance of invitation of bids, requests for proposals, selection of contractors, award of ATTACHMENT 6 - Page 2 of 4 City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. subagreements and other related procurement matters. The RECIPIENT shall follow State procurement laws. H. Public Awareness. All public awareness notices, signs, or announcements related to the PROJECT financed in whole or in part by LOAN funds should inform the public of the involvement of the federal government. I. Small Business in Rural Areas ("SBRAs"). If a contract is awarded by the RECIPIENT under this AGREEMENT, the RECIPIENT is also required to utilize the following affirmative steps: 1. Place SBRAs on solicitation lists; 2. Make sure the SBRAs are solicited whenever there are potential sources; 3. Divide total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by SBRAs; 4. Establish delivery schedules, where requirements of work will permit, which could encourage participation by SBRAs; 5. Use the services of the Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce, as appropriate; and 6. Require the contractor to comply with the affirmative steps outlined above. The negotiated "Fair Share Percentage" for the SBRAs is one-half of one percent (0.5%). There is no formal reporting requirement for SBRAs at this time; however, it is highly recommended that the RECIPIENT keep records of SBRA participation. J. Growth Management Planning. The RECIPIENT certifies by signing this AGREEMENT for a Water Pollution Control Facilities project that it is in compliance with the requirements of Chapter 36.70A RCW, "Growth Management--Planning by Selected Counties and Cities." If the status of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify the DEPARTMENT in writing of this change within thirty (30) days. K. Refinancing. Notwithstanding other provisions of this agreement, the parties understand and intend that Paragraph K of Attachment 6 takes precedence over inconsistencies and including, but not limited to, the following: 1) Loan Agreement - III Term of Loan, Paragraph 1, second sentence. 2) Loan Agreement - IV The Project - B. Scope of Work - Paragraphs 2 and 3. 3) Loan Agreement - V The Loan - B. Request for Payment 4) Loan Agreement - V The Loan - D. Method and Conditions of Payment - 1. Semiannual Payments, Paragraph 1. It is mutually agreed by the RECIPIENT and the DEPARTMENT that the LOAN is for additional partial refinancing of the Anderson Cove CSO separation facilities. The project commenced and was completed in accordance with the PROJECT schedule identified in Section IV. "THE PROJECT." The RECIPIENT certifies, by signature of the LOAN, that the applicable conditions and requirements appropriate at the time of construction have been met; and that the appropriate supporting ATTACHMENT 6 - Page 3 of 4 City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. documentation is contained in the RECIPIENT's project files. The Refinancing payment will be by lump sum payment upon the LOAN award, and receipt of the A19-1A payment request form from the RECIPIENT, with repayments of principle and interest commencing six months from that date, in accordance with the final repayment schedule. (3/23/00) ATTACHMENT 6 - Page 4 of 4 City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. ATTACHMENT 7 LOAN GENERAL TERMS AND CONDITIONS A. RECIPIENT PERFORMANCE All activities for which loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall not assign or subcontract performance to others unless specifically authorized in writing by the DEPARTMENT. B. CONTRACTOR COMPLIANCE The RECIPIENT must ensure that all contractors comply with the terms and conditions of this AGREEMENT. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this AGREEMENT, the state of Washington is named as an express third-party beneficiary of such subcontracts with full rights as such. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. The RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this AGREEMENT shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS 1. Compliance; Approvals and Permits. The RECIPIENT shall comply fully with all applicable federal, state, and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the PROJECT, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all federal and state laws, regulations, and policies against discrimination. The RECIPIENT further agrees to ATTACHMENT 7- Page 1 of 6 % City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. The RECIPIENT shall report to the DEPARTMENT the percent of loan funds available to women- or minority-owned businesses. 3. Wages and Job SafeW. The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the state of Washington which affect wages and job safety. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall reserve the right to immediately terminate this AGREEMENT for cause as provided in Section VIII hereof. G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in the PROJECT to give up any part of the compensation to which he/she is otherwise entitled or receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete project and financial records relating to this AGREEMENT. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work accomplished under this AGREEMENT shall be maintained by the RECIPIENT. 2. All loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the state of Washington for a period of at least three (3) years after the final loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make adjustments accordingly. 3. All work performed under this AGREEMENT and any equipment purchased shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this AGREEMENT and for at least three (3) years following final loan repayment or dispute resolution hereunder. 4. The RECIPIENT shall meet the provisions contained in OMB Circular A-133 (AUDITS OF STATES, LOCAL GOVERNMENTS AND OTHER NONPROFIT ORGANIZATIONS) or OMB Circular A-110 (UNIFORM REQUIREMENTS FOR GRANTS TO UNIVERSITIES, HOSPITALS AND OTHER NON-PROFIT ORGANIZATIONS) if the RECIPIENT receives federal funds in excess of $300,000. The RECIPIENT must forward to the DEPARTMENT a copy of the State Auditor's audit, or other independent audit report, along with the RECIPIENT's response and the final corrective action plan as approved by the ATTACHMENT 7 --Page 2 of 6 City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. State Auditor's Office, within ninety (90) days of the date of the audit report. I. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provisions of this AGREEMENT is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this AGREEMENT unless stated as such in writing by an authorized representative of the DEPARTMENT. J. PROPERTY RIGHTS 1. Cop_wights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty-flee, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the materials or property and to authorize others to use the same for federal, state or local government purposes. Where federal fimding is involved, the federal government may have a proprietary interest in patent rights to any inventions developed by the RECIPIENT as provided in 35 U.S.C. §§ 200-212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 3. Tangible Property_ Rights. The DEPARTMENT's ADMINISTRATIVE REQUIREMENTS, PART IV, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state or federal statutes, regulations or policies to the contrary or upon specific instructions with respect thereto in ATTACHMENT 5, "SCOPE OF WORK." 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the PROJECT, it shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the PROJECT covered by this AGREEMENT includes funds for the acquisition of land or facilities: a. Prior to payment of funds provided for in this AGREEMENT, the RECIPIENT shall establish that the cost of land or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to payment of funds provided by this AGREEMENT. Such evidence may include title insurance policies, Torrens certificates, or abstracts, ATTACHMENT 7 --Page 3 of 6 City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. and attorneys' opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this AGREEMENT. 6. Conversions. Regardless of the expiration date of this AGREEMENT as provided in Section III hereof, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed pursuant to this AGREEMENT to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. K. RECYCLED/RECYCLABLE PAPER All documents and materials published under this AGREEMENT shall be produced on recycled paper containing the highest level of post-consumer and recycled content that is available. At a minimum, paper with 10 percent post-consumer content and 50 percent recycled content shall be used. Whenever possible, all materials shall be published on paper that is unbleached or has not been treated with chlorine gas and/or hypochlorite. As appropriate, all materials shall be published on both sides of the paper and shall minimize the use of glossy or colored paper and other items which reduce the recyclability of the document. L. PROJECT APPROVAL The extent and character of all work and services to be performed under this AGREEMENT by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Manager or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Manager or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. M. DISPUTES Except as otherwise provided in this AGREEMENT, any dispute concerning a question of fact arising under this AGREEMENT which is not disposed of in writing shall be decided by the Project Manager or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Manager or other designated official shall be final and conclusive unless, within thirty (30) days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director o£the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of its appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of any dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this AGREEMENT and in accordance with the decision rendered. ATTACHMENT 7 -- Page 4 of 6 City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. N. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this AGREEMENT who exercises any function or responsibility in the review, approval or carrying out of this AGREEMENT shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly, interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this AGREEMENT or the proceeds thereof. O. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultants' fees, or other costs related to the PROJECT described herein, except as provided in ATTACHMENT 5, "SCOPE OF WORK." 2. To the extent that the Constitution and laws of the state of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this AGREEMENT. P. GOVERNING LAW This AGREEMENT shall be governed by the laws of the state of Washington. Q. SEVERABILITY If any provision of this AGREEMENT or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this AGREEMENT which can be given effect without the invalid provision, and to this end the provisions of this AGREEMENT are declared to be severable. R. TIME OF THE ESSENCE Time shall be of the essence of this AGREEMENT. S. TABLE OF CONTENTS; HEADINGS The Table of Contents and headings of this AGREEMENT are inserted for convenience only and shall not in any way affect the meaning or construction of any provision of this AGREEMENT. T. COUNTERPARTS This AGREEMENT may be executed in counterparts and each such counterpart shall for all purposes be deemed to be an original. All such counterparts shall together constitute but one and the same instrument. ATTACHMENT 7 -- Page 5 of 6 City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. U. ENTIRE AGREEMENT This AGREEMENT, including the attached and referenced documents incorporated pursuant to ATTACHMENT 1 hereto, contains the entire understanding between the RECIPIENT and the DEPARTMENT, and there are no other understandings or representations other than those set forth or incorporated herein. V. PRECEDENCE In the event of inconsistency in this AGREEMENT, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) ATTACHMENT 5, "SCOPE OF WORK;" (c) ATTACHMENT 6, "SPECIAL TERMS AND CONDITIONS;" (d) any terms incorporated herein by reference, including the ADMINISTRATIVE REQUIREMENTS; and (e) this ATTACHMENT 7, "LOAN GENERAL TERMS AND CONDITIONS." (9/23/98) ATTACHMENT 7 -- Page 6 of 6 City of Bremerton Anderson Cove CSO Reduction Facilities Project Loan No. ATTACHMENT 8 LOAN REPAYMENT SCHEDULE ATTACHMENT 8- Page 1 of AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: RESOLUTION # ''~ 7 ~ q, FOR AGENDA OF: December 27, 2000 SETTING A HEARING DATE OF JANUARY 24, ORIGINATING DEPT: PW&U Engineering Div. 2001, FOR VACATING THE NORTH 35 FEET OF ORIGINATOR W. Eugene Sampley, Director PW&U THE ALLEY NORTH OF 11TM STREET PLACE DATE SUBMITTED: December 15, 2000 BETWEEN PLEASANT AVENUE AND HIGHLANT) AVENUE. 2. CLEARANCES: (comment on bac 3. EXHIBITS Director, Public Works/Utilities A. Resolution #.~ ? i5 c~ City Attorney 's~~~ B. Site Map. Director, Community Development Council Budget & Finance Committee (~~w~_,,~.../ . . Operations Committee ENDORSE~IENT /~ IlxIFOILMATION APPROVED BY COUNCIL P ~RESIDENT FOR SUBM~TJ'AL: MAYOR ~-~-~. ~/,-~/,___ COUNCIL PRESIDENT ~c~ ~'~-~--~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City has received a petition from Louis A. Cobb to vacate the north 35 feet of the alley north of 11~h Street Place between Pleasant Avenue and Highland Avenue. This right-of-way consists of a portion of undeveloped right-of-way that is not needed for public use. The vacation is being requested by the abutting property owner to improve the property. The City Council is requested to establish a hearing date of January 24, 2001 to consider the proposed vacation. Staff recommends passage of the proposed Resolution. 8. RECOMMENDATION: Move to pass Resolution # Mir, ! setting a hearing date of January 24, 2001, for the vacation of the north 35 feet of the alley north of 11~ Street Place between Pleasant Avenue and Highland Avenue. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: PULLED TABLED APPROVED DISAPPROVED E __ COUNCIL DIRECTIVE 11. AGENDA BILL NO: ~3 ~'3 --30,G'C'O 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The hearing onthe street vacation will not occur, and the rights-of-way will not be considered for vacation. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Staffing: No impact. Budget: No impact Facilities/Equipment: No impact 7. RESEARCH SOURCES BMC 11.20 Vacation of Public Rights-of- Way RCW 35.79 Streets ab. Agenda Bills 2000, Cobb, l It~ St PI RESOLUTION NO.:~- ~"! A KESOLUTION proposing the right-of-way vacation of the north 35 feet of the alley north of 11th Street Place between Pleasant Avenue and Highland Avenue. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BREMERTON THAT: 1. A petition has been received to vacate of the north 35 feet of the alley north of 11t~ Street Place between Pleasant Avenue and Highland Avenue right-of-way. 2. A public hearing will be held on January 24, 2001, at 5:30 p.m. or later at the Bremerton City Hall, 239 Fourth Street, Bremerton, Washington, to take public comment or consider written objections to the vacation. PASSED by the City Council of the City of Bremerton This day of ,2000. CAROL ARENDS, Council President AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: RESOLUTION # oP"} q 0, FOR AGENDA OF: December 27, 2000 SETTING A HEARING DATE OF JANUARY 24, ORIGINATING DEPT: PW&U Engineering Div. 2001, FOR VACATING A PORTION OF CHESTER ORIGINATOR W. Eugene Sampley, Director PW&U AVENUE NORTH OF 13TM STREET. DATE SUBMITTED: December 15, 2000 2. CLEARANCES: (comment on bac~fn~, e~ 5) 3. EXHIBITS Director, Public Works/Utilities City Attomey .03 ./t~_:_:~t ~ B. Site Map. Director, Community Development ~,~ ~ C. Request for Compensation Waiver Council Budget & Finance Committee~'~..~..~ ~'/--.- Operations Committee ~~..~ ENDORSEMENT )~ INF,ORkMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR ~~ -49-~ COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City has received a petition from Olympic College to vacate a portion of Chester Avenue located north of 13th Street. This right-of-way consists of two-lane improved roadway with sidewalk on the west side. No other properties abut this portion of the right-of-way. The vacation will eliminate a piece of undeveloped right-of- way and will increase the buildable area of the abutting property. A portion of the proposed area to be vacated has been maintained as landscaping and the adjacent property owners have used a portion as gravel shoulder parking. The vacation is being requested by Olympic College to improve the property for redevelopment. Olympic College has requested that the City Council establish a hearing date of January 24, 2001 to consider the proposed vacation. Olympic College has requested that the compensation be waived pursuant to BMC Chapter 11.20.140. 8. RECOMMENDATION: Move to pass Resolution # ;')x"7 :'[ (."' setting a hearing date of January 24, 2001, for the vacation of a portion of Chester Avenue located north of 13th Street. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AM~ND~ COUNCIL DIRECTIVE DATE: 11. AGENDA BILL NO: ~ ~' "3 p / 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The heating on the street vacation will not occur, and the rights-of-way will not be considered for vacation. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Staffing: No impact. Budget: No impact Facilities/Equipment: No impact 7. RESEARCH SOURCES BMC l l.20 Vacation of Public Rights-of-Way RCW 35. 79 Streets ab, Agenda Bills 2000, Olympic College, Chester Avenue RESOLUTION NO. g-'7 A RESOLUTION proposing the fight-of-way vacation of a portion of Chester Avenue located north of 13t~ Street. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BREMERTON THAT: 1. A petition has been received to vacate a portion of Chester Avenue located north of 13th Street fight-of-way. 2. A public heating will be held on January 24, 2001, at 5:30 p.m. or later at the Bremerton City Hall, 239 Fourth Street, Bremerton, Washington, to take public comment or consider written objections to the vacation. PASSED by the City Council of the City of Bremerton This day of ,2000. CAROL ARENDS, Council President 1,0 x 2.0 FOP 194-.6 ??? N TOP=19.I.7 ~ CB 1.5 x 2.0 TOP 195.0 CB ~E I 0IL SEPARATOR/O~RFLOW O ~ ~ I CB ~.O X 2.0 TOP 6" ?71 N ~NV BOTTOM ~70. I ~Zt7 ~ CB 1.5 X 2.0 TOP 173.1 BLDG ~ T0 N T0P:171.9 FF=200., o ,, CONC ,/, / / J ASPHALT (NO ENTRY) I FF=-217. CB 1.5 TOP 199.4- -I"~'1'~ 6" CP SW IN¥ 194.8 WA~=igs.3 .2 X 1.8 TOP 199. ¢~ ~ r/9 ~ 8RICK CORBEL SmUC~RE -ro.=tg~.o ~ ?~? ~- ~v ~g~.~ BOTTOM=194.2 I s~,~ ~ L^~ ~F'~'~.~ 0 _1 2000 ..... ~,~blNErR5 November 30, 2000 Mr. Gunnar Fridriksson Bremerton Public Works and Utilities 3027 Olympus Drive Bremerton, WA 98310-4799 Subject: Vacation of 15th Street located west of W~,rr~,,, Avenue and east of Broadway Avenue Olympic College Bremerton, WA Dear Mr. Fridricksson, I have received your Staff Report regarding the right-of-way vacation noted above. I understand from our conversation on November 27 that you have re- calculated the compensation values and that the revised amount is $13,450.15. Olympic College wishes to proceed with the vacation process. It is their intention to request a waiver of compensation from the City Council per section 11.20.140.E of the Bremerton Municipal Code. I have attached a copy of the applicable section for your convenience. Since the College will request a waiver, we are requesting that the process proceed without compensation until the City Council rules on this matter. ,oo so. KI,G STREET Thank you for your cooperation and if you have any questions please call.  SUITE NUMBER 2 6 0 ~Phillip B. Lane, AIA Principal Attachments: Section 11.20.140 of Bremerton Municipal Code SEATTLE, WA Be ~ 04 FILE: 9905/CORR/CODE/15m Street Cc: M. Connolly, Olympic College FAX 206 / 682-8375 TEL 206 / 68Z-8300 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: RESOLUTION # ~ q {, FOR AGENDA OF: December 27, 2000 SETTING A HEARING DATE OF JANUARY 24, ORIGINATING DEPT: PW&U Engineering Div. 2001, FOR VACATING A PORTION OF 15TM ORIGINATOR W. Eugene Sampley, Director PW&U STREET LOCATED WEST OF WARREN DATE SUBMITTED: December 15, 2000 AVENUE AND EAST OF BROADWAY A,.V~ENUE. 2. CLEARANCES: (comment on 3. EXHIBITS Director, Public Works/Utilities A. Resolution # ~_ B. Site Map. City Attorney Director, Community Development [t,4/a l.&t:'(,z[ C. Request for Compensation Waiver Council Budget & Finance Committe~ ~j.:?~.,,. Operations Committee ~..,? MAYOR~-p~-~"~-)~L -- COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City has received a petition from Olympic College to vacate a portion of 154 Street located west of Warren Avenue and east of Broadway Avenue. This right-of-way consists of two-lane improved right-of-way with sidewalk on the north side. No other property owners abut this portion of the right-of-way. The connection to Warren Avenue has been block due to traffic conflicts on Warren Avenue. The roadway served for parking and access to the local residences that are to be removed when the applicant redevelops the properties. The vacation is being requested by Olympic College to consolidate their property for a campus redevelopment site. Olympic College has requested that the City Council establish a hearing date of January 24, 2001 to consider the proposed vacation. Olympic College has requested that the compensation be waived pursuant to BMC Chapter 11.20.140. 8. RECOMMENDATION: Move to pass Resolution # ,~ '~ i I, ~ setting a hearing date of January 24, 2001, for the vacation of a portion of 15th Street located west of Warren Avenue and east of Broadway Avenue. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED ~M~ COUNCIL DIRECTIVE DA 11. AGENDA BILL NO: G (2 "~ doff-- 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The heating on the street vacation will not occur, and the rights-of-way will not be considered for vacation. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Staffing: No impact. Budget: No impact Facilities/Equipment: No impact 7. RESEARCH SOURCES BMC 11.20 Vacation of Public Rights-of-Way RCW 35. 79 Streets ab, Agenda Bills 2000, Olympic College, 15m Street RESOLUTION NO. .~ t '/ { A RESOLUTION proposing the right-of-way vacation of a portion of 15th Street located west of Warren Avenue and east of Broadway Avenue. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BREMERTON THAT: 1. A petition has been received to vacate a portion of 15t~ Street located west of Warren Avenue and east of Broadway Avenue right-of-way. 2. A public heating will be held on January 24, 2001, at 5:30 p.m. or later at the Bremerton City Hall, 239 Fourth Street, Bremerton, Washington, to take public comment or consider written objections to the vacation. PASSED by the City Council of the City of Bremerton This day of ,2000. CAROL ARENDS, Council President s~,~ ~ ~^~ O~C 0 1 2000 A R C H I T E C T S mn, q~ 8RE;¢ER'~O~i ..... EN~INE~R~ November 30, 2000 Mr. Gunnar Fridriksson Bremerton Public Works and Utilities 3027 Olympus Drive Bremerton, WA 98310-4799 Subject: Vacation of 15'h,,,,,~,~*----' !ocat~.d w6st~,,~ :-".~,,,~,,,~,,'- Avenue ~Ad east of Broadway Avenue Olympic College Breme~on, WA Dear Mr. Fridricksson, I have received your Staff Repo~ regarding the right-of-way vacation noted above. I understand from our conversation on November 27 that you have re- calculated the compensation values and that the revised amount is $13,450.15. Olympic College wishes to proceed with the vacation process. It is their intention to request a waiver of compensation from the Ci~ Council per section 11.20.140.E of the BremeKon Municipal Code. I have attached a copy of the applicable section for your convenience. Since the College will request a waiver, we are requesting that the process proceed without compensation until the Ci~ Council rules on this maEer. ,oo so. x,,~ s~,~ Thank you for your cooperation and if you have any questions please call.  SUITE NUMBER ~60 ~hillip B. Lane, AIA Principal SEATTLE. WA 98104 AEachments: Section 11.20.140 of Breme~on Municipal Code FILE: 9905/COR~CODE/15t~ Street Cc: M. Connolly, Olympic College F~,x 206 / 682-8375 TEL 206 / 682-830C