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HomeMy WebLinkAbout09/30/98 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CiTY COUNCIL AGENDA SEPTEMBER 30, 1998 CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business CALL TO ORDER: 5:30 P.M. A. Pledge Of Allegiance B. Invocation A. Minutes of Meeting - September 9, 1998 CLAIMS/CHECK REGISTERS CONSENT AGENDA Items listed below have been distributed to Council members in advance for study and will be enacted by one motion. If separate discussion is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. ~'~'~ <~-'~ ~-',~-~:' #AB98-218 , ! 5. COUNCIL MEMBER REPORTS 6. MAYOR°S REPORT 7. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) NEW BUSINESS A. Bid Award for SR304 Transportation Improvement Project Design Approval of Conceptual Landscape Design Acceptance of an EDA Grant for West Hills Storm Drainage and Water System Development #AB98-219 / <~..~ #AB98-220 /5 (CONTINUED ON BACK) Interlocal Agreement with Mason County Department of Emergency Management Rocky Point Water District Water Service Contract Amendment Tracyton Water District Service Area Agreement Budget Adjustment No. 98-30 for Fund 102 Budget Adjustment No. 98-29 for Contract with Criminal Justice Training Center #AB98-221 #AB98-222 #AB98-223 #AB98-224 #AB98-225 7..3 QUESTIONS FOR THE CITY COUNCIL AND MAYOR /~ e ~n O~,, ~,-,,~-~ The 7/21 legal section of the Sun listed two small parcels owned by Sciepko, L~'~I~~~ which were being put up for auction for lack of payment. QUESTIONS, 1. Has the sale of the Anderson Creek watershed land gone through, i.e. has the entire mount been produced by the buyer~ What kind of protections has the City Council built into the sale of the watershed land to Sciepko, to ensure that he won't cut and nm? 2. Is the Council concerned a cess to that industrial land, would these foreclosures affect the proposed uses by possibly preventing the northern, "primary access"? If the City's sale of the "surplus" utility land is not yet final, how can the City justify continuing this special deal with Mr. Sciepko when the original conditions, access and comiguity, may no longer be present? 3. How is the City proposing to provide water and sewer to the Port Blakely area? Are sewer extensions, south and north, provided in the Capital facilities portion of the City's plan? 4. What is the status of the City and County working out Memos of Understanding for the Urban Growth Area's, and what will the public process be within the City for those agreements? ,Q.~ ~ c.~O aO r~ e~tl~L~.p/~../91~r. ~ 5. One month ago, I asked questions regarding council pay and what the Mayor's proposal are to correct it. The Mayor answered these questions and I'm requesting a copy of these answers in writing from the Mayor. 6. Based upon the answers that I have received it appears that everyone is in agreemem that the council pay has been handled improperly and did not follow state law. Can the taxpayers of Bremerton expect to see a refund from Council Members for pay raises they should not have received if they would have followed state law. Or are laws only meant for the average citizens, not elected officials. 7. I read with interest in the Sun abo.~ut the Ma3~r discussing the ti~gllt city_ bu0.gel lt_~h~.~ ~.Co..u!3cilq-etre~.__Since '~v~'~'~.v~ a ti~i~s m~ ~ay°r gOing ~ ) ~ .... i~5omatic pay raise in 1999,[~d are we going to hold ~line ~ depam~es m~ Del Knauss 139 Olympic Avenue Bremerton, WA 98312 360-377-4425 .,,~ Elaine Valencia,,, , ~ Answers to,,, KnaUSS qu~. 'ons ,, ,,,, , , Page F~om: To: Date: Subject: Gene Sampley Elaine Valencia Fri, Sep 4, 1998 5:43 PM Answers to Knauss questions 1. The sale of the Anderson Creek property is in closing. The sale is for cash and will not require additional surety. 2. The City is not aware that foreclosures actually took place (does anyone know if this really happened. Ron Sciepko said it would not affect the purchase of our property.) or whether foreclosure would preclude acceptable access to the development. (You should get Phil Berry's input on this one as well.) 3. Both water and sewer am available to the Port Blakely property at the developers expense. Since this property is currently in the County, it is included in the County Comprehensive Plan. Del Knauss Letter Response to question #4. J' The MOA's for the JPA's are on going negotiations with the county. The MOA for the Port Blakely JPA has been approved by the County Commissioners and will go the City Council shortly. Following the approval of the MOA's, the city and county will work out Inter-Local Agreements for sub-area plans and the city and county will amend their respective comprehensive plans. Both the Board of Commissioners and City Council take action on the MOA's at their respective public meetings. It is with the comprehensive plan amendments that public hearings will be held by the city. The county, in compliance with the GMA, should also provide for public participation with the development of the sub-area plans. As this process, JPA's, is new to Kitsap County we are working it out as we go. ~ LYNN S. HORTON, Mayor 239 4th Street · Bremerton, Washington 98337 · (360) 478-5266 · FAX (360) 478-5883 5/6. After reviewing the Council pay issue, Glenna Malanca felt although the 1998 pay increase was legal, it would be more prudent to modify the process. Based on this, the proposal was verbally made to Council to have the pay commission review council salaries every two years to coincide with elections, have their recommendation ~ ratified by Council and become effective for the newly (re)elect~ed council members. As Mayor I am entitled to a city vehicle or a $30~ipend. I have never taken advantage of this. Over the last 4 ½ years this equates to over $16,000 in benefits I have elected not to take. Additionally, I have never put in reimbursements for miscellaneous expenses such as long distance phone calls I make from home, I will continue this policy in the future. Should I ask any staff to forego pay increases, I will forego my increase. Equal Opportunity Employer AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJ]ECT': MINUTES OF MEETING -- SEPTEMBER 9, 1998 FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: 9/$0/98 CITY COUNCIL DAVID FARR, PRESIDENT 9/24/98 2. ~: (comment on back if necessary) ENDORSE~RNT MAYOR INFORY~ATION __ kPPROVED BY-COUNCIL P~SID~~UBM~TT.AL: COUNCIL PRESIDENT 4. SUM/M3d~Y STATEMENT AND REQUIREMENT FQ~ CO~C!L AcTION: 8. R~COM~4ENDATION: 9. RESPONSIBLE OFFICIAL: ENFOR~ OFFICLAL: .EXPIRATION DATE: R~wVZEW DATE: PUT,TiED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED .DISAPPROVED ..DATE: )ED TAPE ¢1567 & ¢1568 U~IAPPROVED DRAFT CITY COUNCIL MEETING MINUTES SEPTEMBER 9, 1998 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, September 9, 1998, at 5:30 P.M., with Council President David Fart presiding. Council members present were Jim Reed, Carlos Montgomery, Carol Arends, Mike Shepherd, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen. Also present were City Attorney Glenna Malanca and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council President Farr and invocation given by Reverend Peter Webster of Westpark Christian Church. President Fart made the following announcements: (1) The City Council held a General Pre-Council Study Sessior~, including a discussion on fluoride. He briefed the public on what process has taken place to-date on the fluoride issue, and discussed the possibility of a Resolution to place this item on the February ballot. (2) The City Council will hold a Study Session immediately following the City Council Meeting, to be held in the City Council Conference Room, to discuss the "Gorst Sewer Proposal" with George Mason of the Kitsap County Public Works Department. CONSENT AGENDA A. Minutes - August 26, 1998 ¢AB98-198 ¢0177 MISICIU(McConnelllMontgomery) Motion to approve the Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council. ¢0198 MISICIU(MontgomerylArends) On September 9, 1998, the Council does approve for payment those vouchers included and further described as follows: 223452 through 223597 in the amount of $746,140.21. TAPE #1567 & 1568 City Council Reg. Mtg. Minutes September 9, 1998 Page 2 of 10 COUNCIL MEMBER REPORTS Mr. Reed commended Mr. Farr and Mr. fluoride issue on the ballot. McConnell on their efforts to place the Mr. Montc~omerv, warned the public that the Stormwater crews were doing "smoke-tests" of the sewer system today between 17th and 27th Street in the North Lafayette and Wycoff area (tomorrow they will be in the area of Snyder Avenue), and not to be alarmed if they see smoke coming out of roof drains or sewer system vents. He urged the public to take a look at the Children's Evergreen Theater schedule, which will be putting on five excellent presentations this year. At the Bremerton Revitalization Task Force meeting, "Believe in Bremerton" series, they discussed "Art & Cultures", and how art has been alive and well in Bremerton for many, many years. The next meeting is September 22, where a discussion on "Safe Communities" will take place. Mrs. Arends reported that the Bremerton High School football team is playing Yelm High School this Friday. The band will play, the cheerleaders will be there and pop and hot dogs will be served before the game. She encouraged everyone to come out, support the team, and have a fun evening. Mr. Shepherd announced the Dyes Inlet Clean-Up activities will take place at approximately 9:00 A.M. on September 19, beginning at the First Street Park, followed by the District 5 Picnic to be held under the covered area at Evergreen Park, beginning about 1:00 P.M. He concluded by briefly discussing the two proposals for the fluoride issue. Mr. McConnell commended Main Street Association for the Blackberry Festival held last weekend. He attended on Saturday, and commented on the large size of the crowd. Second, he discussed his point of view on the fluoride issue, and his support of placing the issue on the November ballot. Mr. Law discussed the fluoride proposals to place the fluodde issue on the ballot in either November or February, and wanted to clarify if the current initiative petition would still be valid in February. Glenna Malanca., City Attorney, stated she was not prepared to discuss this issue, but did believe the signatures would still be valid if this item was delayed until February. Mr. Law stated he supported placing the vote on the ballot in November due to the wishes of his constituents, and the additional cost to place the item on the ballot in February. He announced the District #3 Neighborhood meeting was scheduled for Tuesday, September 15, from 7:00 to 9:00 P.M., at the Senior Center located at 13t~ & Nipsic. Judy Johnson, Building & Permit Manager will be at the meeting to answer questions, and discuss concerns. TAPE #1567 & 1568 City Council Reg. Mtg. Minutes September 9, 1998 Page 3 of 10 Mr. Olsen hoped this discussion on the fluoride, and the two options being presented proved to citizens that the Council does listen to the concerns of the public. He announced a combined District #1 and #2 Neighborhood meeting on Thursday, September 17, 1998 at the Sheridan Park Community Center to discuss "Law & Justice" with Police Chief Paul Du Fresne, City Attorney Glenna Malanca, and Municipal Court Judge James Docter. He also congratulated all those involved in the Blackberry Festival. Mr. Montgomery reiterated the process for getting an issue on the ballot, and pointed out that a small group of citizens are trying to go-around this process, and change the law, which he didn't think was right. Mr. Farr reported he just bought a house in the City, and found that the previous owners left behind a dog chained on a very short leash. He brought the dog to the West Hills precinct office for officers to bring the dog to the animal shelter, and after discussions with them, found out the number of animals put to sleep in the City every day. He was amazed and appalled, and asked if there was anyone listening who wanted a small, black, lab-mixed, female dog to please call in. Mr. McConnell wanted to clarify that he was not attempting to change the law, but rather exercising his right as a Councilman to put an item on the ballot, per the RCW. MAYOR'S REPORT Mayor Horton congratulated Carol Atkinson, Bremerton Main Street Association, and all those involved in the planning of the very successful Blackberry Festival. She extended the condolences of the City of Bremerton to the family of Am Costello, a former Building Inspector for the City. He was well respected, and she also felt this as a personal loss, since he was a former neighbor and very kind man. The Mayor read a Proclamation proclaiming September 14-19 1998, as "National Health Center Week". Ben Belcher, Chairman of the Board, Kitsap County Health Center, accepted the Proclamation. PUBLIC RECOGNITION Rod Johnson, Citizen for Safe Water, asked the public if there were any petitions out them which still needed to be turned in. There will be people stationed at the Pacific Avenue Post Office from 12:30-5:30, Monday through Friday to accept petitions until September 18. If there are any questions, please call 479-6652 or 373-0723. More volunteers are always welcome. He commended the Council for listening to the people on this issue. He also wanted to clarify that they could not find anyone from Citizens for Safe Water who spat TAPE #1567 & 1568 City Council Reg. Mtg. Minutes September 9, 1998 Page 4 of 10 on someone over this issue, contrary to the rumor. He further stated that if such an action had taken place, it would have been totally unacceptable. Ruth Enderle, Admiral Theater, announced the opening night show for the Admiral Theater's first really well planned season. "Spectrum Dance Theater", a jazz/dance company from Seattle, is going to perform. They have been on PBS locally many times and are very well known. The number for tickets is 373-6743. John Beke[, Bremerton citizen, wanted to know (1) How much money has been spent on fluoridation already; (2) What is the total cost of the project; and (3) How much of the cost will come from each citizen on their water bill. Elizabeth Buell referred to a letter to the editor printed in the September 9, 1998 Sun newspaper, about Calgary, Canada, and how they were trying to eliminate fluoride from their water. She suggested we contact their city, and find out why. Carol Atkinson, Bremerton Main Street Association, reported the Blackberry Festival had record crowds this year, possibly 70,000+. She thanked all those involved, who helped make this event such a success. Shirlee J. Curley, Bremerton resident, addressed the need for speed bumps on Halverson Avenue and also the alley between Halverson and Almira Drive. She reported on a number of accidents in the area due to the speeding that goes on constantly. She provided pictures of a recent accident, where a car lost control, flipped, and landed on its side, and slid into a rock wall. H. Emily Mosha¥, Bremerton resident, thanked John Law for his comments to place the fluoride issue on the ballot in November, since most citizens want the chance to vote on it. She also pointed out a beautiful mural that has recently been painted on 12th Street, near Park Avenue, by local artist Dennis McDaniel. Susan Brown, Parent Educators Network, presented a brochure to the Council called "Unlocking the Future" which provided information on workshops, along with a Youth Access Fair to be held Friday, October 2, 1998, 8:30 A.M. to 4:00 P.M. at the Givens Community Center in Port Orchard. As the Christian Education Chairman of Manette Community Church, she thanked John Law for his cooperation and support of the public town meeting with local candidates held on Sunday. 8A - BUDGET ADJUSTMENT NO. 98-27 FOR WORK STUDY GRANT, #AB98- 199 Through a contract with State of Washington Work Study Program and Olympic College, the department will employ three students for the remaining 12 weeks of this year, for 20 hours per week at $10.00 per hour to support our records and TAPE #1567 & 1568- City Council Reg. Mtg. Minutes September 9, 1998 Page 5 of 10 patrol divisions. This will provide the city extra help and the students with income and experience toward future employment. Council will need to approve the contract and budget adjustment. Cost to the department budget is $2,200.00, with $5,000.00 provided by the State of Washington Work Study Program. Chief Paul Du Fresne, Bremerton Police Department, stated his department is excited to try this program, and there is already an indication of students from Olympic College who are interested in looking for work, and would qualify for this program. Public comment - none. Mr. Mont.qomery checked with Olympic College to see what kind of programs they had for these three students, and it appeared to him that this is an excellent program, and the three students should be able to handle the job very easily with a little training. #1771 MISlClU(MontgomerylOIsen) Motion to approve for the Mayor to execute this contract and approve Budget Adjustment No. 98-27. 8B - TRIAL RESPONSE AGREEMENT BETWEEN THE CITY OF BREMERTON AND CENTRAL KITSAP FIRE AND RESCUE, #AB98-200 Attached is a proposed Trial Response agreement between the City of Bremerton and Central Kitsap Fire & Rescue. A committee consisting of both Fire Chiefs, elected officials from both entities and the labor representative from each entity started the process of upgrading the Mutual Aid agreement back in October of 1997. The result of the cooperative effort is a Tdal Response agreement represented in the document. The agreement is for a term of 90 days at which point the effectiveness of the program shall be evaluated and determined whether a more permanent agreement may be appropriate. Chief Al Duke, Bremerton Fire Department, reported that there are two fire stations within one mile of each other, which provide the same services to the citizens of these communities, which is not an appropriate use of taxpayer money. This agreement was drafted to show a boundary of Riddell Road, with anything South of Riddell Road being assigned to the City of Bremerton, and Central Kitsap Fire & Rescue would serve anything to the North side. This would increase the call volume to the City's department by 1.2 calls per day, so in exchange, Central Kitsap Fire & Rescue would take one personnel member and place him in the Bremerton Fire Station the majority of the time. Roy Mclnnis, Bremerton resident, told of an incident in the past where an accident had occurred, and it took over 20 minutes for anyone to respond, which was because a State Trooper happened by, and called it in. He also wondered if TAPE #1567 & 1568 - City Council Reg. Mtg. Minutes September 9, 1998 Page 6 of 10 90 days was a sufficient trial period. Chief Duke stated that after studying this issue, they determined 90 days to be sufficient, and they would also use this time to look more closely at issues where the two departments differed. #2100 MISICIU(OIsenlMcConnell) Motion to authorize and direct the Mayor to sign and enter into the Trial Response agreement with Central Kitsap Fire & Rescue for a term of 90 days. 8C - MUTUAL AID AGREEMENT BETWEEN THE CITY OF BREMERTON AND PUGET SOUND NAVAL SHIPYARD, #AB98-201 Attached is a revision of Mutual Aid agreement between the City of Bremerton and Puget Sound Shipyard. The agreement was last reviewed and amended in 1988. The Fire Chiefs and the Labor organizations from each entity have reviewed the document, and are in agreement. Chief Duke stated this agreement was also a long process, which included dealing with the federal government. In this agreement, it states that in certain boundaries within the City's jurisdiction, they will automatically respond along with the City. There are a number of reasons for this, including stricter requirements from the Department of Labor & Industries (L&I). The boundaries include downtown, and the west side of town outside of the shipyard. Public comment - none. #2204 MISIClU(ArendslMontgomery) Motion to authorize the Mayor to sign and enter into the Mutual Aid Agreement with Puget Sound Naval Shipyard. 8D - MEMORANDUM OF AGREEMENT WITH KITSAP COUNTY AND OTHERS~ #AB98-176 Kitsap County recently adopted their revised Comprehensive Plan in an effort to come into compliance with the state Growth Management Act. As a result of the new plan, Joint Planning Areas (JPA) were formed in areas adjacent to cities that were either urban or planned to become urban. The JPA is designed to allow affected jurisdictions to study the impacts of urbanization and service delivery in a collaborative process, and to determine how and if areas should eventually be annexed to adjacent cities. Until the JPA issues are resolved, no annexation of urban development of these areas can occur (except for those projects already permitted or below rural densities). There are several steps to take in resolving the planning questions poised for each JPA. The first step in the process is to reach an agreement with the County and others regarding what the purpose and goals of the individual process will entail. The next step is to reach an interlocal Agreement about the issues disclosed in the MOA. These Memorandum of Agreements (MOA) have been negotiated and are now presented for the City TAPE #1567 & 1568' City Council Reg. Mtg. Minutes September 9, 1998 Page 7 of 10 Council to consider. If the MOAs are acceptable, the City Council must make a motion to authorize the Mayor to sign these agreements. Dou.q Fortner, Assistant City Attorney, stated two of the agreements that the City is working on with the County and other jurisdictions, one for the Port Blakely property, west of Kitsap Lake; and the other is for the Port of Bremerton, which includes the South Kitsap industrial area and airport. These agreements have been ratified by the other jurisdictions, and contain the steps for further negotiations. Public comment - none. Mr. Overson stated that this was a disagreeable program to him, and did not feel this was the way it was supposed to work. He did concede that this is where we are, and where we are going, but asked for reassurance that this will achieve a decent result for the City of Bremerton. Mr. Fortner stated that progress is being made, especially on the Port Blakely property. He believes the City and the County's interests have converged, and eventually an agreement will be obtained which will turn that land into an urban area. Environmental issues also need to be addressed. So far, this joint planning seems to be working, and progress is being made. Mr. Shepherd referred to Section No. 4 of the Memorandum, and asked if the County felt the proposal for Chico Creek was an acceptable approach. Mr. Fortner stated yes, and that Port Blakely was concerned that their development did not add impacts to the stream, and viewed the Suquamish Tdbe as being one of the major players, and wanted to involve them early in the process. Mr. McConnell regarding Section No. 5, item (c), where it states the City shall address and mitigate the impacts on County roads, he asked how far out from the project would the City would be responsible for?. Mr. Fortner responded that was one of the issues of concern, and is not addressed specifically in this agreement, but will be a subject during negotiations. President Farr stated that he was glad to see this issue has moved to the forefront, and even though it was not the first choice of the City, it was an acceptable compromise. #2625 MISICiU(MontgomerylMcConnell) Motion to authorize the Mayor to sign the Memorandum of Agreement for Joint Planning and Interlocal Agreement between Kitsap County and the City of Bremerton for the "Port Blakely Property*. #2750 MISIClU(MontgomerylOIsen) Motion to authorize the Mayor to sign the Memorandum of Agreement for Joint Planning between Kitsap County, the City TAPE #1567 & 1568' City Council Reg. Mtg. Minutes September 9, 1998 Page 8 of 10 of Bremerton, the City of Port Orchard, and the Port of Bremerton for the South Kitsap Industrial Area. 8E - MEMORANDUM OF UNDERSTANDING FOR SINCLAIR LANDING GROUP~ #AB98-196 The proposed Memorandum of Understanding provides for the cooperative development of the Bremerton Transportation Center (BTC). Parties are the Washington State Ferries, City of Bmmerton, Port of Bremerton, Kitsap Transit, and the Sinclair Landing Associates. The BTC is the initial component of the Sinclair Landing Project, and requires the conveyance by the City of certain easements. This agreement is identified as Exhibit "A" in the Sinclair Landing Master Development Agreement executed earlier this year. Public comment - none. Mr. Overson complimented all those involved in putting together this agreement, particularly Mr. Hayes and Kitsap Transit. He felt the flexibility of the easement "defies imagination". Mr. McConnell discussed the mason the agreement was held back between the commercial group and BTC. Ms. Malanca is assuming from Mr. Overson's comments that he has seen the latest draft of the easement, which is not exclusive, and also subject to extinguishment by the City if it is determined to be necessary. Mr. Law referred to the "BTC Project Management Proposed Organization" chart, and pointed out that the City of Bremerton has not been included in the "BTC Policy Group". Richard Hayes, Kitsap Transit, stated that if Council would pass it with the understanding that the Mayor will be included, they would take care of that. He also stated there are also other City staff members at several other points below that which have already been participating, so it needs to be documented. Mr. Law recommended the Motion be amended to include that statement. He also asked about incentives to fill buildings in the BTC group. Mr. Hayes stated an extended meeting was held today with a number of City staff and Randy McGreal from the Commercial Group, that was really a presentation on both the public and private sides of the project. One of the next events to occur is a City Council review of the Commercial Group's Development Proposal, which would be the appropriate time for Council to discuss what incentives they might have, or who they may have already signed up for the Commuter Retail Building. Mr. Law wanted to clarify that the Council had another chance, even thought the Master Development Agreement has been signed. Mr. Hayes stated that with the process that has been set up, both the City and Kitsap Transit System have to review the Proposal that will be brought forward from the Commercial Group. TAPE #1567 & 1568 City Council Reg. Mtg. Minutes September 9, 1998 Page 9 of 10 President Farr wanted to clarify the uncertainty of whether or not the Port of Bremerton had cut in on possible ramification on their parking near the Marina. Mr. Hayes replied that they have not had a chance to talk with the Port of Bremerton, but a discussion will be scheduled. Mr. Law wanted to clarify the parking garage issue. TAPE #1568 Mr. Hayes stated the location previously identified for the bulk of the parking, is not yet locked in, but there is a requirement for a total of 2400 spaces. President Farr stated the Council's mandatory review of the Development Proposal is on.a time-line not to exceed 60 days. The next step is a presentation by a Financial Consultant to bring the Council up-to-date on that performa, and he questioned if a Financial Consultant has been hired yet. He requested as much time to thoroughly review this as they could get, along with expert input. #0087 MISIClU(LawlMontgomery) Motion to Memorandum of Understanding as here forth easements. authorize the Mayor to sign amended, and any identified 9A- RESOLUTION #2668, ADOPTING THE CITY OF BREMERTON 1998- 2003 CAPITAL IMPROVEMENT PROGRAM (CIP), #AB98-202 The Mayor and staff have prepared the Capital Improvement Program for the years 1998-2003. This document is the planning document for meeting the City's needs in the areas of infrastructure, facilities and equipment, as well as identifying financial resources necessary to meet those needs. The document has been reviewed with Council in Study Session. Rich Hanna, City Treasurer, stated the CIP is a financial planning tool, which draws from the City-wide Comp Plan for utilities, parks system, the 6-year street plan, as well as the long range financial modeling of the governmental funds of the City. It provides a major element in the foundation on which the City's Operating Budgets are built each year. Public comment - none. #0182 MISlClU(MontgomerylShepherd) Motion to pass Resolution No. 2668, adopting the 1998 - 2003 Capital Improvement Plan. 9B - RESOLUTION #2669, ACCEPTING DRINKING WATER STATE REVOLVING FUND LOAN FOR THE CORROSION CONTROL FACILITY AND RESERVOIR #4 COVER~ #AB98-203 The City applied for and received a Drinking Water State Revolving Fund (DWSRF) loan in the amount up to $1,030,000 for construction of the Corrosion /0 TAPE #1567 & 1568- City Council Reg. Mtg. Minutes September 9, 1998 Page 10 of 10 Control and Fluoridation Facility, and for replacing the cover on Reservoir 4. The 3 percent loan fee is included. The loan is to be paid back over 20 years at 4% interest. The attached Resolution accepts the loan and authorizes the Mayor to sign all documents relative to the loan. Gene Sample¥, Public Works & Utilities Director, stated the Resolution before Council is to accept a loan to provide Capital funding required to finish the construction of the Corrosion Control Facility. This does not apply to the fluoridation portion of the facility, since those costs are locally funded. The other project to be funded is a replacement cover for the City's 11-million gallon reservoir. The actual amount of the loan will depend on the actual amount of the construction. Public comment - none. Mr. Reed questioned in the event the City does not implement fluoride, is the Corrosion Control Facility still needed? Mr. Sarnpley stated yes, it is a state mandate. #0422 MISlCIU(ArendslMontgomery) Motion to pass Resolution No. 2669, accepting the loan and authorizing the Mayor to sign all documents relative to the loan. President Farr thanked the TV camera crew and Robert Neal, Director and Production Coordinator, for their services. With no further business meeting adjourned at 7:10 P.M. PAULA JOHNSTON, Deputy City Clerk DAVID FARR, City Council President City of Bremerton P J/DF/Is C: Normal Distribution FileNault AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: SR304 Transportation Improvement Proj ect Design Approval of Conceptual Landscape Design FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: September 30, 1998 PW&U Engineenng Div. Randy Witt, City Engiqeer,,& September 15, 1998 2. CLEARANCES: (comment on back i Director, Public Works/Utilities ~ City Attomey City Treasurer ( 73. EXHIBIT.~____~S . A. Conceptual Drawings of Landscaping p;, , ~ (Presented at Council meeting) Heard at City Council S[mdy Session 9/14/98 ENDORSEMENT X INFORMATION MAYOR~-~7 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: As part of the SR304 Transportation Improvement Project City staff, consultants, interested agencies and citizens have been working as a committee to develop alternatives for landscaping of the "Gateway" area; SR304 from Charleston Beach Road to First Street. The committee developed four alternatives that were shared with the public at an open house meeting on July 21, 1998. The committee then developed a preferred alternative that was presented to the City Council (with the other alternatives) at the Council study session of September 14, 1998. At that study session the Council requested staff to present the preferred alternative to the Council at a regular City Council meeting and get a formal consensus on the preferred alternative. 8. RECOMMENDATION: The City Council approves Landscape Committee. the preferred altemative for the SR304 Gateway area developed by the 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: City Engineer N/A PULLED TABLED 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE DATE: 11. AGENDA BILL NO: q ~-oh t ? 2. CLEARANCE COMMENTS: IMPACT ON NON-PASSAGE: Development of the landscape plan will be delayed. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Development of the landscape plan is included in the SR304 Transportation Improvement Project. 7. RESEARCH SOURCES 98362\bk aq~L (I ~AILVN~I~£~IV AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: West Hills FOR AGENDA OF: Storm Drainage and Water System Development ORIGINATING DEPT: Acceptance of an EDA Grant (07-49-03791) ORIGINATOR: DATE SUBMITTED: 2. CLEARANCES: (comment on bajtfyii~~.p 3. EXItlBITS Director, Public Works/Utilities //t/~ ..rffT.~ A. Location map Director of Community Developmen[/ .~t'~' ~ City Treasurer City Attorney Council Budget & Finance Committq~,'~~ Operations Committee September 30, 1998 PW&U Engineering Div. Randy Witt, City Engineer., September 15, 1998 ,'~ ENDORSEMENT .5( ,~INF~.~RMATION MAYOR (~P;,~2-3-  B. Project components description z.._.../! ~ C. Agreement with Economic Development cil APPROVED BY COUNCIL pl~ESIDE~O~,SUBMITTAL: COUNCIL PRESIDENT ~ 1~ l( ;~'~r-~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City has received a Federal Economic Development Administration Grant for storm drainage and water system improvements in the West Hills Area. The storm drainage improvements will provide detention to address the flooding in the Kean Street/Rodgers Road area, and the water system improvements will provide for the pump station and piping to the reservoir serving the new 650-water zone. The amount of the grant is one million dollars with a City match of $590,000. The action before the Council is acceptance of the grant. 8. RECOMMENDATION: That the City Council Authorize and direct the Mayor to execute the attached Federal Economic Development Administration Grant for the West Hills Storm Drainage and Water System Development in the amount of one million dollars. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE DATE: 11. AGENDA BILL NO: /5 2. CLEARANCE COMMENTS: o IMPACT ON NON-PASSAGE: The City will have insufficient funding to provide the storm drainage and water system infrastructure in the West Hills area. Other sources of funding will have to be identified and secured on the project abandoned. o IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: This provides funding for the project. 7. RESEARCH SOURCES 98358\bk A£I3 '~"~ no~x ~ '-- dl~lncl '~ ONl~ld (IDNI/SIX:I) 'IS 0 PART II - ARCHITECTURE/ENGINEERING 1. Project Components The proposed project consists of two major consmaction components: stormdrains and water supply for the West Hills Commercial District. East side/Rodzers Road area. Stormdrains will be constructed in the City's right-of-way and under/along the existing road. Trunk lines and connectors to link to and increase existing system capacity will be installed, including 1,600 linear feet of pipe (with portions oversized for detention), two manhole accesses, and six risers/offset risers for grading and sliplining downstream connections. West sid&/Werner ~oad area. The 650 Water Zone piping and pump station will be a source to reservoir pipeline (4,200 lineal feet of 12" ductile water line) with connecting pipeline to the 440 Zone to link and increase existing water delivery. (currently only 2,000 linear feet of 12" ductile water line) and add a needed pump station (with two 300 gpm pumps, piping, valves, and building). The project addresses the need for usable industrial land outlined in the Economic Development Council of Kitsap County's July 1994 Industrial Land Market Analysis Technical Summary. It will provide basic infrastructure to allow for immediate commercial development. The p~:oject will help address the major complaints received about: lack of access, business days lost due to road closures, equipment damage from storm water flooding, and the lack or prohibitive cost of water/fireflow for under- and undeveloped sites. 2. Sketches and Schematics Sketches and schematics showing the general layout and location of the components are provided on the following three pages. Exhibit B-IL1 SEP 19 1998 U.S. DEPARTMENT OF COMMERCE Economic Development Administration Jackson Federal Building, Room 1856 915 Second Avenue Seattle, Washington 98174 Fax: (206) 220-7669 Phone: (206) 220-7667 In reply refer to: Award No. 0%4%03791 Mayor and Members of the City Council City of Bremerton 239 Fourth Street Bremerton, Washington 98337 Ladies and Gentlemen: RECEIVED s P, 1 1 998 CI~ OF BREMERTON ENGINEERS We are pleased to inform you that the Economic Development Administration (EDA) has approved a Financial Assistance Award in an amount not to exceed $1,000,000 in response to your application for federal assistance for construction of infrastructure improvements. The total project cost is $1,590,000 which is based on the line item estimates contained in Attachment No. 1. Enclosed are two signed copies of the Financial Assistance Award. Your agreement to the terms and conditions of the award should be indicated by the signature of your principal official on both of the signed copies of the Financial Assistance Award. One of the executed copies should be returned to the Director, Seattle Regional Office, Economic Development Administration, Jackson Federal Building, Room 1856, 915 Second Avenue, Seattle, WA. 98174. You are cautioned not to make any commitments in reliance on this award, nor to enter into negotiations relative hereto, until you have carefully reviewed the terms and conditions and have determined that you are in compliance or that you can comply therewith. Any commitments or undertakings entered into prior to obtaining the approval of the Government in accordance with its regulations and requirements will be at your own risk. Sincerely, VA:/qdeonard Srffith¢' Regional Director Enclosures /? FORM CD-450 U.S. DEPARTMENT OF COMMERCE - (REV. ~o-93) [] GRANT [] COOPERATIVE AGREEMENT DAO 203-26 FINANCIAL ASSISTANCE AWARD ACCOUNTING CODE D98201600221010 RECIPIENT NAME City of Bremerton AWARD NUMBER 07-01-03791 STREET ADDRESS 239 Fourth Street FEDERAL SHARE OF COST $ 1,000,000 CITY, STATE, ZIP CODE RECIPIENT SHARE OF COST Bremerton, Washington $ 590,000 AWARD PERIOD TOTAL ESTIMATED COST From date of approval to 24 months after acceptance $ 1,590,000 DEPARTMENT OF COMMERCE OPERATING UNIT Economic Development Administration AUTHORITY (42 U.S.C. 3121, et seq.) Public Works and Economic Development Act of 1965, as amended: 42 USC Section 3131(a)(1)(A)-(C) PROJECT TITLE Construction of water lines and drainage system This Award approved by the Grants Officer is issued in duplicate and constitutes an obligation of Federal funding. By signing the two documents, the Recipient agrees to comply with the Award provisions checked below. Upon acceptance by the Recipient, one signed Award document shall be returned to the Regional Director and the second document shall be retained by the Recipient. If not signed and returned by the Recipient within 15 days of receipt, the Grants Officer may declare this Award null and void. [] EDA Standard Terms and Conditions--Construction Program, dated 6/97 [] Special Award Conditions [] Line Item Budget [] [5 CFR Part 24, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local ~Jovernments [] OMB Circular A-87, Cost Principles for State and Local Governments [] OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations [] OMB Circular A-110, Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations Uniform Administrative Requirements [] OMB Circular A-122, Cost Principles for Nonprofit Organizations [] OMB Circular A-21, Cost Principles for Educational Institutions [] Other(s): SIGNATURE OF DEPARTMENT OF COMMERCE GRAN~T.S~FICER TITLE DATE /,,//,~ ~ //~ ~.~ ~ ~/~.. ./ A. Leonard Smith SEP 10 1998 ~~~'.~.~,/,/~/~ Regional Director TYPE Lynn Horton Form ED-508 (Rev. 3/89) U.S. DEPARTMENT OF COMMERCE ATTACHMENT NO. 1 ECONOMIC DEVELOPMENT ADMINISTRATION PUBLIC WORKS PROJECT COST CLASSIFICATIONS RECIPIENT: City of Bremerton EDA Award No. 07-49-03791 State: Washington Co~t Clas~iflcation County: Kitsap Administrative and legal expenses $ 5,000 $ 5,000 Land, structures and rights-of-way appraisals, etc. 0 0 Relocation expenses and payments 1,000 1,000 Architectural and engineering fees 0 0 Other architectural and engineering fees 1,000 1,000 Project inspection fees 127,500 127,500 Demolition and removal 0 0 Construction 1,361,500 1,361,500 Equipment 0 0 Contingencies 94,000 94,000 TOTAL PROJECT COSTS $ 1,590,000 $ 1,590,000 EXHIBIT 'A" U.S. DEPARTMENT OF COMMERCE Economic Development Administration Page 1 of 2 RECIPIENT: Public Works and Development Facilities City of Bremerton, Washington Award No. 07-01-03791 SPECIAL AWARD CONDITIONS PROJECT DEVELOPMENT TIME SCHEDULE: The Recipient agrees to the following Project development time schedule: Time allowed after receipt of Financial Assistance Award for: Return of Executed Financial Assistance Award - 15 days Time allowed after acceptance by Recipient of Financial Assistance Award for: Start of Construction Construction Period - 310 days 12 months Project Closeout - All Project closeout documents, including final financial information and any required program reports, shall be submitted to the Government not more than 90 days after the date the Recipient accepts the completed Project from the contractor(s). The Recipient shall pursue diligently the development of the Project so as to ensure completion of the Project and submission of closeout documents within this time schedule. Moreover, the Recipient shall notify the Government in writing of any event which could delay substantially the achievement of the Project within the prescribed time limits. The Recipient further acknowledges that failure to meet the development time schedule may result in the Government's taking action to terminate the Award in accordance with the regulations set forth at 13 CFR 305.99(b) and 15 CFR 24.43 (53 F_ed~ Reg~ 8048-9, 8102, March 11, 1988). GOALS FOR WOMEN AND MINORITIES IN CONSTRUCTION: Department of Labor regulations set forth in 41 CFR 60-4 establish goals and timetables for participation of minorities and women in the construction industry. These regulations apply to all Federally assisted construction contracts in excess of $10,000. The Recipient shall comply with these regulations and shall obtain compliance with 41 CFR 60-4 from contractors and subcontractors employed in the completion of the Project by including such notices, clauses and provisions in the Solicitations for Offers or Bids as required by 41 CFR 60-4. The goal for the participation of women in each trade area shall be as follows: From April 1, 1981, until further notice: 6.9 percent Exhibit Special "A" Page 2 Award No. 07-01-03791 Award Conditions City of Bremerton, Washington All changes to this goal, as published in the Federal Register in accordance with the Office of Federal Contract Compliance Programs regulations at 41 CFR 60-4.6, or any successor regulations, shall hereafter be incorporated by reference into these Special Award Conditions. Goals for minority participation shall be as prescribed by Appendix B-80, Federal Reg/ster, Volume 45, No. 194, October 3, 1980, or subsequent publications. The Recipient shall include the "Standard Federal Equal Employment Opportunity Construction Contract Spec- ifications'' (or cause them to be included, if appropriate) in all Federally assisted contracts and subcontracts. The goals and timetables for minority and female participation may not be less than those published pursuant to 41 CFR 60-4.6. PERFORMANCE MEASURES: The Recipient acknowledges its responsibility to submit to EDA: (a) prior to final disbursement, the information identified as "Performance and outcomes at project completion", and (b) two years and four years thereafter, the information identified as "Project outcomes at 2 years and 4 years after completion", set forth in the Economic Development Administration Standard Terms and Conditions. EDA will advise the Recipient in writing, not less than 90 days prior to the time for submission, in the event there are any modifications in the information required to be submitted. TITLE: Prior to EDA authorization to start construction, the Recipient shall provide evidence satisfactory to the Government that the Recipient has acquired good and merchantable title, free of all mortgages, foreclosable liens, or encumbrances, to all land, rights-of-way, and easements necessary for the completion of the Project. A/E AGREEMENT (INSPECTION): Prior to EDA authorization to advertise for bids, the Recipient shall submit to the Government for approval an Architect/Engineer Agreement that meets the requirements of section I of the EDA publication, "Requirements for Approved Projects" as well as the competitive procurement standards of 15 CFR Part 24 or OMB Circular A-110. The fee for basic Architect/Engineer services shall be a lump sum or an agreed maximum. No part of the fees for other services shall be based upon a cost-plus-a-percentage-of-cost, or a cost using a multiplier method of contracting. WASHINGTON SEPA: Prior to the start of construction activities, the Recipient shall provide evidence satisfactory to the Government that the Washington State Environmental Policy Act, (SEPA, Chapter 43.21C RCW) requirements have been completed, covering all elements of the proposed project, and that an appropriate "Determination: (or Determinations) has been filed per WAC Chapter 197-11, SEPA Rules. COMPANION PROJECT: Prior to final disbursement from EDA under this Award, the Recipient shall provide evidence satisfactory to EDA that construction has begun on the water reservoir for the 650 Water Zone. i JUNE 1997 Exhibit "B" U. S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION STANDARD TERMS AND CONDITIONS Title I Public Works an~ Development Facilities Title IX Implementation Grant Construotion Components INTRODUCTION ...................................................... A. STATUTORY AND EXECUTIVE ORDER REQUIREMENTS ................... B. FINANCIAL REQUIREMENTS ....................................... 2. 3. 4. 5. 6. Page 1 ! 5 5 6 6 Financial Reports ....................................... Award Payments ..... , ............................ ___.__ Federal and Non-Federal sharing . Budget Changes and Transfer of Funds Among Categories ... 7 Indirect Costs .................... 7 Inc= g costs ~d~'Beyo~d th~ Expiration Date ......................................... 8 Tax Refu/~ds ..................................... 9 Incurring Costs Prior to ......... C. PROGRAMMATIC REQUIREMENTS ............. , ...................... 9 2. 3. 4. 5. e Reporting Requirements .................................. 9 Unsatisfactory Performance .............................. 10 Programmatic changes_.__ _._ __ ___..____ _ ___ _ .......... 12 Other Federal Awards With'Similar'programmatic'ActiVities 13 Program Income .......................... 13 Use of Third P~ie~ ~o SoliCit ~r'se~J~'~his ~ar~ 13 consultant and Attorney's Fees .................. 14 Member of Congress/Resident Federal Restriction ......................... 14 Hold Harmless ~e~i~ent ..~.]..~.]~[ ....... 14 Alienation Restriction ................ '2. ................ 14 Taxpayer Identification Number Requirement .............. 14 e 10. 11. D. NON-DISCRIMINATIONREQUIREM~NTS .............................. 15 Statutory Provisions .................................... 15 Other Provisions ........................................ 16 ii Ge AUDITS ....................................................... 16 1. Organization-Wide and Project Audits .................... 16 2. Audit Resolution Process ................................ 17 DEBTS ....................................................... 18 1. Payment of Debts Owed the Federal Government ............ 18 2. Late Payment Charges .................................... 18 NAME CHECK ................................................... 19 1. Results of Name Check ................................... 19 2. Action(s) Taken as a Result of Name Check Review ........ 20 LOBBYING RESTRICTIONS ........................................ 20 1. statutory Provisions ............................... 20 2. Disclosure of Lobbying Activities ' ' . ' ' 20 3. Subaward, Contract, and Subcontract ..................... 21 MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE ........... ...... 22 SUBAWARD AND/OR CONTRACT TO A FEDERAL AGENCY ....... ~ ......... 22 PROPERTY MANAGEMENT .......................................... 22 3. 4. 5. Standards ............................................... Retention of Title ...................................... Disposal of Real Property .......... .. . . EDA's Interest in Award Property · Leasing Restrictions .................................... 22 23 23 24 25 ECONOMIC DEVELOPMENT ADMINISTRATION STANDARD TERMS AND CONDITIONS Title I public Works and Development Facilities and Title IX Implementation Grant ConstruCtion Components For the purpose of these Standard Terms and Conditions, unless the context otherwise requires, (a) the term "Government" refers to the Economic Development Administration (EDA); (b) the term "Recipient" refers to the recipient of Government funds under the Agreement to which this attachment, is made a part; (c) the term "Department" and "DOC" refer to the Department of CoMmerce; and (d) the term "regional office" refers to~the appropriate Regional Office of the Economic Development Aa~nistration, i.e., the office administering the award. The Public Works and Economic Development Act of 1965 and its .amendments (42 U.S.C. 3121, et seq.) are hereinafter referred to as P.L. 89-136. A. Statutor~ and Executive Order Requirements Some of the terms and conditions herein contain, by reference or substance, a summary of the pertinent statutes, or regulations published in the Federal Register or Code of Federal Requlations (CFR), Executive Orders (EO) or OMB Circulars (Circular). To the extent that it is a summary, such term or condition is not in derogation of, Or an amendment to, any such statute, regulation, EO or Circular. All statutes, regulations, EOs or Circulars whether or not referenced herein are~'to be applied as amended on the date they are administered. 1. The Recipient andany subrecipients shall, in addition to the Assurances made as a part of the application, comply, and require each of its contractors and subcontractors employed in the completion of the project to comply, with all applicable Federal, state, territorial, and local laws, and in particular the following Federal Public Laws, the regulations issued thereunder,, and Executive Orders and office of Management and Budget (OMB) Circulars: a. The PUblic Works and Economic Development Act of 1965, P.L. 89-136, as amended (42 U.S.C. 3121, et ~eq.), and regulations in 13 CFR, Chapter III; b. The Davis-Bacon Act as amended (40 U.S.C. 276a to 276a (5); 42 U.S.C. 3222); c. The Contract Work Hours Standards Act, as amended (40 U.S.C. 327-333); 2 d. The Copeland ,'Anti-Kickback" Act, as amended (40 U.S.C. 276(c); 18 U.S.C. 874); e. The Clean Air Act, as amended (42 U.S.C. 7401, et seq.); f. The Federal Water Pollution Control Act, as amended (33 U.S.C. 1251, et seq.); g. The Endangered Species Act of 1973, as amended (16 U.S.C. 1531, et seq.); h. The Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1451, et seq.); i. The Safe Drinking Water Act of 1974, as amended (42 U.S.C. 300f-j26); j. The Energy Conservation and Production Act (applicable to construction of new residential and commercial structures) (42 U.S.C. 6801, et seq.); k. The Wild and Scenic Rivers Act, as ~mended, P.L. 90-542, (16 U.S.C. 1271, et seq.); 1. The Historical and Archeological Data preservation Act, as amended (16 U.S.C. 469a-1, et seq.); m. Executive Order 11990, Protection of Wetlands, May 24, 1977; n. P.L. 90-480, as amended (42 U.S.C. 4151, et seq.), a/~d the regulations issued thereunder,~ prescribing standards for the design and construction of any building or facility intended to be accessible to the public or that may result in the employment of handicapped persons therein; o. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, P.L. 91-646, as amended (42 U.S.C. 4601, et seq.); and 15 CFR Part 11; p. The Flood Disaster Protection Act of 1973, P.L. 93-234, as amended (42 U.S.C. 4002, et seq.), and regulations and guidelines issued thereunder by the Federal Emergency Management Administration (FEMA) or the-Economic Development Administration; .- q. Executive Order 11988, Floodplain Management, May 24, 1977, and regulations and guidelines issued thereunder by the Economic Development Administration; r. The National Environmental Policy Act of 1969, P.L. 91-190 and 42 USC Sec 4321 et seq.; s. The Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), P.L. 91-695, as amended; t. The Resource Conservation and Recovery ACt of 1976, as amended (42 U.S.C. 6901); u. The Comprehensive Environmental Response, Compensation, and Liability.-Act of 1980, as amended (42 U.S.C. 9601 et seq.) Superfund A~endments and Reauthorization Act of 1988, P.L. 99-499;' v. The Drug-Free Workplace Act of 1988, P.L. 100-690, Title V, Subtitle D,. and 15 CFR Part 26 (55 F.R. 21678, May 25, 1990) for-projects approved on or after March 18,.1989. w. Restrictions on Lobbying, section 319 of P.L. 101-121, 15 CFR Part 28, (55 F.R. 6736-6748, 2/26/90); x. Executive Order '12549, Debarment and Suspension, and 15 CFR Part 26, Governmentwide Debarment and Suspension (Nonprocurement); y. American Indian Religious Freedom Act, P.L. 96-341 (42 U.S.C. Sec 1996); z. Environmental Quality Improvement Act of 1970, P.L. 91-244, as a~ended (42 U.S.C. Sec 4371-4374); aa. Executive Order 12088, Federal Compliance with Pollution Control Standards; bb. Executive Order 11514, Protection and Enhancement of Environmental Quality, as amended; cc. Executive Order 11593, Protection and Enhancement of the Cultural Environment; dd. Farmland Protection Policy Act, P.L. 97-98; ee. Fish and Wildlife Coordination Act, P.L. 92-522, as amended (16 U.S.C. Sec 661 et seq.); ff. National Historic Preservation Act of-1966, P.L. 89-665, as amended and the Advisory Council on Historic Preservation Guidelines (16 U.S.C. Sec 470 et seq.); gg. Noise Control Act, P.L. 92-574, as amended (42 U.S.C. Sec 4901 et seq.); hh. Environmental Justice in Minority Populations and Low Income Populations, Executive Order 12898 (February 11, 1994). 4 2. If the project includes sewer or other waste disposal ~acilities, the Recipient will not request the Government to approve final plans and specifications, to approve grant disbursements, nor to authorize advertising for bids until the Environmental Protection Agency has issued a certificate, as required by Section 106, P.L. 89-136 (42 U.S.C. 3136). In the case of EPA delegation of certification authority to states, such state certifications will be accepted in lieu of certification by EPA. 3. The Recipient agrees that, for the expected useful life of the facility assisted with this award, the project will be properly and efficiently administered, operated and maintained, as required by Section 604 of P.L. 89-136 (42 U.S.C. 3204), for the purpose authorized by this award and in accordance with the terms, conditions, requirements and provisions of the award. If the Government determines, at any time during the useful life of the facility, that the project is not. being properly and efficiently administered, OPerated and maintained, the Government will terminate the award for cause and require the Recipient to repay the award. 4. This award is subject to Public Law 101-510, enacted November 5, 1990, section 1405, amending subchapte~ IV of Chapter 15, Title 31, United States Code,'which prescribes the rules for determining the availability of appropriations. Accordingly, the grant funds obligated for this project will expire in five years from the end of the fiscal year of the grant award. 5.' Pursuant to EO 12899, the DoC is required to notify the owner of any valid patent covering technology, whenever the DoC or its financial assistance Recipients, without making a patent search, knows (or has demonstrable reasonable grounds to know) that technology covered by a valid United States patent has been or will be used without a license from the owner. To ensure proper notification, if the Recipient uses or has used patented technology under this Award without a license or permission from the owner, the Recipient must notify the DoC Patent Counsel at the following address, with a copy to EDA: Department of Commerce office of Chief 'Counsel for Technology Patent Counsel 14th Street and Constitution Avenue, NW, Room H-4610 Washington, D. C. 20230 6. For use for new building construction projects: The Recipient is aware of and intends to comply with one of the three model codes outlined by the Committee on Seismic Safety in Construction (ICSSC): 1991 ICBO Uniform Building Code 1992 Supplement to the BOCA National Building Code 1991 Amendments to the SBCC Standard Building Code 7. When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all Recipients receiving Federal funds, including but not limitedto State and local governments and Recipients of Federal research grants, shall clearly state (1) the percentage of the total costs of the program or project which will be financed with Federal money, (2) the dollar amount of Federal funds for the project or program, and (3) the.percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources. 8. Recipients are hereby notified that they are encouraged, to the greatest extent practicable, to purchase American-made equipment and products with funding provided under this Award. 9. The Recipient shall furnish evidence satisfactory to the Government of a good and merchantable title, free of all mortgages or other foreclosable liens, to all land, rights-of- way and easements necessary for the completion of the project, or of a long-term leasehold interest in accordance with 13 CFR § 314, except when a mortgage waiver has been granted by the Assistant Secretary or his\her designee. FINANCIAL REQUIREMENTS 1. Finanoial Reports a.~ The Recipient shall submit an "SF-271, Outlay Report and Request for Reimbursement" (ED-113) no more frequently than quarterly to report outlays. A final SF-271 shall be submitted within 90 days after the expiration date of the award. b. The Recipient shall submit a "Federal Cash Transactions Report" (SF-272) for each award where funds are advanced to Recipients. The SF-272 is due 15 working days following the end of each calendar ~ for awards under $1 million; or 15 working days following the end of each month for awards over $1 million; or unless otherwise specified in a special award condition. 6 c. Ail financial reports shall be submitted to the regional office. 2. Award Payments a. Unless otherwise specified in a special award condition, the method of payment for the award shall be through advance or reimbursement. b. The Recipient shall submit an "Outlay Report and Request for Reimbursement, SF-271" (ED-113) no more frequently than HkO/L~ to request payment. The SF-271 shall be submitted to the regional office. c.' Payments will be made via electronic transfer which- transfers funds directly to a Recipient's bank account. The Recipient must complete a payment information form and return it to the regional office. The award number must be included on the payment information form. Payments shall be made at no greater rate than at the approximate rate of completion of construction. d. Advances shall be limited to the minimum amounts necessary to meet ~.~ disbursement needs. Advanced funds not disbursed in a timely manner will be promptly returned to EDA. Advances shall be approved for periods not to exceed 30 days. The regional office determines the appropriate method of payment. If a Recipient demonstrates an unwillingness or inability to establish procedures which will minimize the time elapsing between the transfer of funds and disbursement, the regional office may change the method of payment to reimbursement only. Federal and Non-Federal Sharing a. Awards which include Federal and non-Federal sharing incorporate an estimated budget of shared allowable costs. If actual allowable costs are less than the total approved estimated budget, the Federal and non-Federal cost share ratio as reflected in the approved estimated budget shall apply. If actual allowable costs are greater than the total approved estimated budget, the Federal share shall not exceed the total Federal dollar amount.as reflected in the Financial Assistance Award (CD,450) or Amendment to Financial Assistance Award (CD-451). b. The non-Federal share, whether cash or in-kind, is expected to be paid out at the same general rate as the Federal share and must be readily available at the time of Award. Exceptions to this requirement may be granted by EDA based on sufficient documentation demonstrating previously determined plans for or later commitment of cash or in-kind contributions. 7 4. Budget Changes and Transfer of Funds Among Categories a. Requests for budget changes to the approved estimated budget in accordance with the provision noted below must be submitted to the regional office. EDA shall make the final determination on such requests and notify the Recipient in writing. b. Transfer of funds by the Recipient among direct cost categories are permitted with the written approval of EDA. Transfers will not be permitted if such transfers would cause the Federal grant, or part thereof, to be used for purposes other than those intended. c. The addition of a new line item to the approved budget is not permitted. d. The Recipient 'is not authorized at any time to transfer amounts budgeted for direct costs to the indirect costs line item and vice versa, except with the written prior approval of EDA. 5. Indirect Costs a. Indirect'costs will not be allowable charges against the award unless specifically included as a line item in the approved budget incorporated into the award. b. Any actual indirect costs incurred by the Recipient which are greater than the indirect cost line item in the budget will not be treated as a cost of the award by EDA for the purpose of final cost settlement. .c. Excess indirect costs may not be used to offset unallowable direct costs. d. If the Recipient has not previously established an indirect cost rate with a Federal agency, the negotiation and approval of a rate is subject to the procedures in the applicable cost principles and the following subparagraphs: (1) The Office of Inspector General (OIG) is authorized to negotiate indirect cost rates on behalf of EDA for those organizations for which DoC is the cognizant agency. The OIG will negotiate only fixed rates. The Recipient shall submit to the OIG within 90 days of the award start date, documentation (indirect cost proposal, cost allocation plan, etc.) necessary to establish such rates. The Recipient shall provide the EDA regional office with a copy of the transmittal letter to the OIG. (2) When a cognizant Federal agency other than DoC has responsibility for establishing an indirect cost rate, 8 the Recipient shall submit to that cognizant agency within 90 days of the award start date the documentation (indirect cost proposal, cost allocation plan, etc.) necessary to establish such rates. The Recipient shall provide both the regional office, and the DoC OIG with a copy of the transmittal letter to the cognizant Federal agency. (3) If the Recipient fails to submit the required documentation to the OIG or other cognizant Federal agency within 90 days of the award start date, the EDA regional office shall amend the award to preclude the recovery of any indirect costs under the award. If the DoC OIG or EDA determines there is a finding of good and sufficient cause to excuse the Recipient's delay in submitting the documentation, an extension of the 90-day due date may be apprOved by EDA. (4) Regardless of any approved indirect cost rate applicable to the award at the time of award, the maximum dollar amount of allocable indirect costs for which EDA will reimburse the Recipient shall be the lesser of: (a) The line item amount for the Federal share of indirect costs contained in the approved budget of the award; or (b) The Federal share of the total allocable indirect costs of the award based on the negotiated rate with the cognizant agency as established by audit or negotiation. 6. Incurring Costs or Obligating Federal Funds Beyond the Expiration Date a. The Recipient shall not incur costs or obligate funds for any purpose pertaining to the operation of the'program or activities beyond the expiration date stipulated in the award. The only costs which are authorized for a period of up to 90 days following the award expiration date are those strictly associated with closeout activities. Closeout activities are limited to the preparatig~ of final reports. b.-Any extension of the award period can only be authorized by the EDA Assistant Secretary or his/her designee. Verbal or written assurances of funding from other than EDA's Assistant · Secretary or his/her designee shall not constitute authority to obligate funds for programmatic activities beyond the expiration date. c. EDA has no obligation to provide any additional funding. 9 ?. Tax Refunds Refunds of FICA/FUTA taxes received by the Recipient during or after the award period must be refunded or credited to EDA where the benefits were financed with Federal funds under the award. The Recipient agrees to contact the regional office immediately upon receipt of these refunds. The Recipient further agrees .to refund portions of FICA/FUTA taxes determined to belong to the Federal Government, including refunds received after the expiration of the award. S. Incurring Costs Prior to Award EDA may, at its sole discretion, pay for project costs incurred prior to grant award. Such costs must be allowable costs under Federal cost .principles and the grant award. C. PROGRAMMATIC REQUIREMENTS 1. Reporting Requirements a. Financial and performance (technical) reports must be submitted in accordance with the procedures in 15 CFR Part 24 or OMB Circular A-110, as applicable, and the schedule indicated below.. Failure to submit required reports in a timely manner may result in the withholding of payments under this award or deferring the processing of.new awards, ~mendments, or supplemental funding pending the receipt of the overdue report(s), and/or establishing an accounts receivable for the difference between the total Federal share of outlays last reported and the amount disbursed. b. Project performance reports shall be submitted for each calendar quarter. The project performance report will be-due not later than January 15, April 15, July 15 and October 15 for the immediate previous quarter. The report submission dates are to.be no more than 30 days after the due date, with a due date of 90 days after expiration of the award. This reporting requirement begins with.the Recipient's acceptance of the award and ends when the final project disbursement is approved. The project performance report should be submitted to the regional office. c. Recipients of awards which involve both Federal financial assistance valued at $500,000 or more and procurement of Supplies, equipment, construction, or services-shall be required to submit the SF-334, "Minority Business Enterprise/Women Business Enterprise Utilization Under Federal Grants, Cooperative Agreements, and Other Federal Financial Assistance." Reports shall be submitted on a quarterly basis for the period ending March 31, June 30, September 30, and December 31. Reports are due no later than thirty (30) days following the end of the reporting period during which any procurement in'excess of $10,000 is 10 executed under this award. The report should be submitted in duplicate to the regional office. Any questions concerning this report should be directed to the regional office. d. Performance Measures: Recipient acknowledges its responsibility to submit to EDA: (1) Prior to final disbursement, the following information on performance and outcomes at project completion-- (a) Was construction schedule met as to start and finish dates? (b) Private sector dollars invested in the EDA project (as estimated, at time of approval). (c) Private sector dollars invested in the EDA project (actual, at time of completion). (d) Other dollars (Federal, state and local) invested in the EDA project. (e) Other dollars invested (nonfederal, local and private) and directly related to, but not part of the EDA project. (f) Was local capacity improved: for example, were intended beneficiary(ies) actually located, retained or expanded in the co~unity; and (2) two years and four years thereafter, the following information on project outcomes-- (a) Jobs created and/or retainedl as estimated at time of approval. (b) Jobs created and/or retained - actual. (c) Additional private sector dollars invested in the EDA project - actual. (d) Additional dollars (Federal, state and local) invested in'the EDA project - actual. (e) Additional dollars invested (nonfederal, local and private) and directly related to, but not part of the EDA project. (f) Other dollars invested indirectly related to the EDA project. (g) Increase in local~tax base (percentage) (actual or based on recognized multiplier). (h) Local capacity improved: Diversification of local economy (extent to which plans were fulfilled). EDA will advise the Recipient in writin~ not less than 90 days prior to the time for submission, in the event there are any modifications in the information required to be submitted2 2. Unsatisfactory Performance a. Recipient shall comply with the administrative, procedural and policy requirements contained ih applicable EDA regulations~and with requirements in the current edition of the EDA booklet, "Requirements for Approved Projects" in 1! effect at time of their application. In the event of any inconsistencies or differences, EDA's regulations shall be controlling. b. The Government reserves the right to suspend the award and withhold further payments, or prohibit the Recipient from incurring additional obligations, pending corrective action by the Recipient or a decision by the Government to terminate the award unless the project is completed to the satisfaction of the Government. c. The Government shall have the right to terminate for cause all or any part of its obligation hereunder if: Any representation made by the Recipient to the Government in connection with the application for Government assistance shall be incorrect or incomplete in any material respect. (2) The intent and purpose and/or the economic feasibility of the project is changed substantially so as to affect significantly the accomplishment of the project as intended. (3) The Recipient has violated commitments it made in its application and supporting documents or has violated any of the terms and conditions of this award. (4) Any official, employee or agent, member of ~mmediate f~mily, partner, or an organization which employs or is about to employ any of the above of the Recipient becomes directly interested financially in the acquisition of any materials or equipment, or in any constructionfor the project, or in the furnishing of any service to or in connection with the project, or any benefit'arising therefrom. (5) The Recipient fails to report immediately to the Government any change of authorized representative(s) acting in lieu of or on behalf of the Recipient. d. The obligations hereunder may be terminated for convenience if: .... (1) Both the Recipient and the Government agree that continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. (2) Both the Recipient and the Government agree upon the termination conditions, including the effective date, and in the case of partial termination, the portion to be terminated. 12 (3) The Recipient agrees to incur no new obligations for the terminated portion after the effective date and to cancel or satisfy all outstanding obligations as of that date. e. The Recipient shall have the sole authority and full responsibility, without recourse to the Federal Government or any of its agencies, for the settlement and satisfaction of all contractual and administrative issues arising out of this award. f. The Recipient hereby agrees that the Government may, at its option, withhold disbursement of any award funds if the Government learns or has knowledge, that the Recipient has failed to comply.in any manner with any provision of the award. The Government will withhold funds until the violation or violations have been corrected to the Government's satisfaction. The Recipient further agrees to reimburse the Government for any ineligible costs which were paid from award funds, or if the Recipient fails to reimburse the Government, the Government shall have the right to offset the ~mount of such ineligible costs from any undisbursed award funds held by the Government. The Recipient agrees to repay the Government for all ineligible costs incurred in connection with the project and paid from the award including, but not limited to, those costs determined to be ineligible if the Government learns of any award violations after all award funds have been disbursed. gl The Recipient hereby agrees, in the event a beneficiary of the EDA assisted project fails to comply in any manner with certifications, assurances, or agreements that such beneficiary has entered into in accordance with EDA requirements, that the Recipient will reimburse the Government the award amount or an ~_mount to be determined by the' Government pursuant to 13 CFR Part 314. Where the Government determines that the failure of the beneficiary to comply with EDA requirements affects a portion of the property benefitted by the award, the Recipient will reimburse the Government proportionately. h. Failure to comply with any or all of the provisions of the award may be considered grounds for any.pr all of the following actions: establishment of an account receivable, withholding payments under any EDA or DoC awards to the Recipient, changing the method of payment from advance to reimbursement to reimburse only, termination of any DoC active awards, and may have a negative impact on future funding by DoC and EDA. 3. Programmatic Changes a. The Recipient shall not make any programmatic changes to the award without prior written approval by EDA. 13 b. Any requests by the Recipient for programmatic changes must be submitted to the Government for review and approval. The Assistant Secretary or his/her designee shall make the final determination and notify the Recipient in writing. 4. Other Federal Awards with Similar Programmatic Activities The Recipient shall immediately provide written notification to the Government in the event that, subsequent to receipt of the EDA award, other Federal financial assistance is received relative to the scope of work of the EDA award. 5. Program Income a. For projects that create long-term rental revenue, i.e., buildings or real property constructed or improved for the purpose of renting or leasing space (e.g., building sites), the Recipient agrees to use such income generated from the rental or lease of the project facility(ies), in the following order of priority: (:].) Administration, operation, maintenance and repair of the project facilities for their useful life (as determined by EDA) in a manner consistent with good property management practice and in accord with the established building codes. This shall include, where applicable, repayment of indebtedness resuiting from any legal encumbrance (e.g., approved mortgage) on the EDA assisted facility. (2) Economic development activities that are authorized for support by EDA, provided such activities are within the EDA designated area. b. Prior to the final disbursement of grant funds, the Recipient will develop and furnish to. EDA for approval, an income reutilization plan that demonstrates that the funds generated from the EDA project shall be expended for the purposes established above. Any changes made to the plan during the useful life of the project shall also be submitted to EDA for its review and approval. 6. Use of Third Parties to Solicit or Secure This EDA Award Unless otherwise specified in the Special Conditions to the EDA grant award, the Recipient warrants that no person or selling agency has been employed or retained to solicit or secure this award upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by the Recipient for the purpose of securing business. For breach 'or violation of the warrant, the Government shall have the right to annul this award without liability, or at its 14 discretion, to deduct from the award sum, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 7. Consultant and Attorney's Fees The Recipient hereby agrees that no funds made available from this Award shall be used, directly or indirectly, for paying attorneys' or consultants' fees in connection with securing awards made by the Government, such as, for example, preparing the application for this assistance. However, attorneys' and consultants' fees incurred for meeting Award requirements, such as, for example, conducting a title search or preparing plans and specifications, may be eligible project costs and may be paid out of the funds made available from this Award, provided such costs are otherwise eligible. 8. Member of Congress/Resident Federal Commissioner Restriction No member of or delegate to Congress or resident Federal Commissioner shall be admitted to any share or part of this award or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this award if made to a corporation, education, or-nonprofit institution for its general benefit. 9. Hold Harmless Requirement The Recipient agrees to indemnify and hold the Government harmless from and against all liabilities that the Government may incur as a result of providing an award to assist, directly or indirectly, preparation of the project site or construction, renovation, or repair of any facility on the project site, to the extent that such liabilities are incurred because of toxic or hazardous contamination or groundwater, surface, soil, or other conditions caused by operations of the Recipient or any of its predecessors on the property. 10. Alienation Restriction Notwithstanding any other provision of the award, without the prior approval of the Government, the Recipient shall not transfer, pledge, mortgage, or otherwise a~sign the award, or any interest therein, or any claim arising thereunder, to any party or parties, bank trust companies, or other financing or financial institutions. 11. Taxpayer Identification Number Requirement A Recipient classified for tax purposes as an individual, partnership, proprietorship, or medical corporation is required to submit a taxpayer identification number (TIN) (either social security number or employer identification number as applicable) on Form W-9, "Payer's Request for Taxpayer 15 Identification N~mber." Tax-exempt organizations and corporations (with the exception of medical corporations) are excluded from this requirement. Form W-9 shall be submitted to -the regional office within 60 days of the award start date. The TIN will be provided to the IRS by EDA on Form 1099-G, "Statement for Recipients of Certain Government Payments." Applicable Recipients who either fail to provide their TIN or provide an incorrect TIN may have funding suspended until the requirement is met. Disclosure of a Recipient's TIN is mandatory for Federal income tax reporting purposes under the authority of 26 USC, Section 6011 and 6109(d), and 26 CFR, Section 301.6109-1. This is to ensure the accuracy of income computation by IRS. This information will be used to identify an individual who is compensated with DoC funds or paid interest under the Prompt Payment Act. D. NONDISCRIMINATION REQUIREMENTS No person in the United States shall, on the ground of race, color, national origin, handicap, religion, or sex, be excluded from participation in, be denied the benefits of, or be subject to discr~mination~under any program or activity receiving Federal financial assistance. The Recipient agrees to comply with the nondiscrimination requirements below and any statutes, regulations, and EOs whether or not referenced herein to be applied on the date they are administered: 1. St~tutor~ Provisions a. Title VI of the Civil Rights Act of 1964 (42 USC §§ 2000d et seq.) and DoC implementing regulations published at 15 CFR Part 8 which prohibit discrimination on the grounds of race, color, or national origin under programs or activities receiving Federal financial'assistance; b. Title IX of the Education Amendments of 1972 (20 USC ~§ 1681 et seq.) prohibiting discrimination on the basis of sex under Federally assisted education programs or activities; c. Section 504 of the Rehabilitation Act of 1973, as amended (29 USC § 794) and DoC implementing regulations published at 15 CFR Part 8b prohibiting discrimination on the basis of handicap under any program or activity receiving or benefitting from Federal assistance; d. The Age Discrimination Act of 1975, as amended (42 USC §§ 6101 et seq.) and DoC implementing regulations published at 15 CFR Part 20 prohibiting discrimination on the basis of age in programs or activities receiving Federal financial assistance; e. The Americans with Disabilities Act of 1990 (42 USC §§ 12101 et seq.) prohibiting discrimination on the basis of disability under programs, activities, and services provided Ee 16 or made available by state and local governments or instrumentalities or agencies thereto, as well as public or private entities that provide public transportation; f. P.L. 92-65, Section 112 (42 USC Sec 3123), prohibiting sex discrimination in programs under PWEDA; and g. Any other nondiscrimination provisions of statutory law. 2. Other Provisions a. Executive Orders 11114, 11246, 11375, and 12086; b. Construction Contractors Affirmative Action Requirements, 41 CFR Part 60-4; and c. 13 CFR Part 317, imposing civil rights requirements on Recipients. AUDITS Under the Inspector General Act of 1978, as amended, 5 USC App. I, section 1 et seq., an audit of the award may be conducted at any time. The Inspector General of the DOC, or any of his or her duly authorized representatives, shall have access to any pertinent books, documents, papers and records of the Recipient, whether written, printed, recorded, produced or reproduced by any mechanical, magnetic or other process or medium, in order to make audits, inspections, excerpts, transcripts or other examinations as authorized by law. The OIG will usually make the arrangements to audit the award, whether the audit is performed by OIG personnel, an independent accountant under contract with the DOC, or any other Federal, state or local audit entity. 1. Organization-Wide and Project Audits a. Organization-wide audits shall be performed in accordance with 15 CFR Part 29a, "Audit Requirements for-State and Local Governments," for Recipients that are state or local governments; and 15 CFR Part 29b, "Audit Requirements for Institutions of Higher Education and Other Nonprofit Organizations," for Recipients that are educational or nonprofit institutions. Additionally, when required under a special award condition, a project audit shall be performed in accordance with Federal Government auditing standards. b. The Recipient shall submit copies of audits to each Federal agency that directly provides funds. Audits shall be submitted to the DoC OIG at the following address with a copy of the transmittal letter to the EDA regional office. 17 office of Inspector General U.S. Department of Commerce Atlanta Regional Office 401 West Peachtree, NW, Room 2342 Atlanta, Georgia 30308 c. Recipients receiving Federal awards Over $100,000 shall also submit a copy of organization-wide audits to the Bureau of the Census, which has been designated by OMB as a central clearinghouse. The address is: Federal Audit Clearinghouse Bureau of the Census 1201 E. 10th Street Jeffersonville, IN 47132 2. Audit Resolution Process a. An audit of the award may result in the disallowance of costs incurred by the Recipient'and the establishment of a debt (account receivable) due EDA. For this reason, the Recipient should take seriously its responsibility to respond to all audit findings and recommendations with adequate explanations and supporting evidence whenever audit results are disputed. b. A Recipient whose award is audited has the foll6wing opportunities to .dispute the proposed disallowance of costs and the establishment of a debt: (1) Unless the Inspector General determines otherwise, the Recipient has 30 days from the date of the transmittal of the draft audit report to submit written comments and documentary evidence. (2) The Recipient has 30 days from the date of the' transmittal of the final audit report to submit written comments and documentary evidence. There will be no extension of this deadline. (3) EDA shall review the documentary evidence submitted by the Recipient and shall notify the Recipient of the results in an Audit Resolution Determination Letter. The Recipient has 30 days from the 'date of receipt of the Audit Resolution Determination Letter to submit a written appeal. There will be no extension of this deadline. The appeal is the last opportunity for the' Recipient to submit written comments and documentary evidence that dispute the validity of the audit resolution determination. In addition, an appeal does not preclude the Recipient's obligation to pay a debt that may be established nor does the appeal preclude the accrual of interest on a debt. 18 (4) EDA shall review the Recipient's appeal and notifY the Recipient of the results in an Audit Determination Letter. After the opportunity to appeal has expired or after the appeal determination has been rendered, EDA will not accept any further documentary evidence from the Recipient. There will be no other administrative appeals available in EDA. DEBTS 1. Payment of Debts Owed the Federal Government Any debts determined to be owed the Federal Government shall be paid promptly by the Recipient. A debt will be considered delinquent if it is not paid within 30 days of the due date. Failure to pay a debt by the due date shall result in the imposition of late payment charges as noted below. In addition, failure to pay the debt or establish a repayment agreement by the due date will also result in the referral of the debt for collection action and may result in DoC taking further action as specified in the standard term and condition entitled "Unsatisfactory Performance." The Recipient may also be suspended or debarred from further Federal financial and non-financial assistance and benefits, as provided in 15 CFR Part 26, "Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements ~or Drug-Free Workplace (Grants)" until the debt has been paid in full or until a repayment agreement has been. approved and payments are made in accordance with the agreement. Payment of a debt may not come from other Federally sponsored programs. Verification that-other Federal funds have not been used will be made during future, program visits and audits. 2. Late Payment Charges a. An interest charge shall be assessed on the delinquent debt (over 30 days) as established by the Debt Collection Act of 1982. The minimum annual interest rate to be assessed is the Department of the Treasury's Current Value of Funds Rate. This rate is published in the Federal Register by the Department of the Treasury. The assessed rate shall remain fixed for the duration of the indebtedness. b. A penalty charge shall be assessed on ahy portion of a debt that is delinquent for more than 90 days, although the charge will accrue and be assessed from the date the debt became delinquent. c. An administrative charge shall be assessed to cover processing and handling the amount due. d. State and local governments are not subject to'penalty and administrative charges. 19 G. NAME CHECK A name check review shall be performed by the OIG on key individuals associated with nonprofit organizations, unless an exemption has been authorized by the Inspector General. Both officials of state and local governments and officials of accredited colleges and universities who are acting on behalf of their respective entities in applying for assistance are exempt -from the name check requirement. In addition, all elected officials of state and local governments who are serving in ex officio capacities when applying for assistance are exempt. 1. Results of Name Check EDA reserves the right to take any of the actions described in G.2. below if any of the following occurs as a result of the name check review: a. A key individual fails to submit the required form "Identification - Applicant for Funding Assistance" (CD-346). Key individuals include the following: (1) Sole Proprietorship - the proprietor; (2) Partnership - each partner (general and limited). (For Certified Public Accounting Firms, only those individuals who have the authority to speak' for and/or commit the Recipient in the management of the award and/or expend funds are subject to the name check review.); (3) Corporation - each officer, each individual owning or controlling at'least 20 percent of the enterprise; the chief financial manager; the project manager, and any other person or entity who has the authority to speak for and/or commit the Recipient in the management of the award and/or to expend funds; (4) Joint Venture - each officer of each company in the joint venture; each individual owning or controlling at least 20 percent of each company in the joint venture; the chief financial officer of each company in the joint venture; the project manager; and any other person or entity who has authority to speak for and/or commit the Recipient in the management of the award and/or expend funds; and (5) Nonprofit organization - executive director, project manager, chief financial manager and any other person or entity who has authority to speak for and/or commit the Recipient in the management of the award and/or expend funds. 20 b. A key individual made an incorrect statement or omitted a material fact on the CD-346; or c. The name check reveals significant adverse findings that reflect on the integrity or responsibility of the Recipient and/or key individual. 2. Action(s) Taken as a Result of Name Check Review If any situation noted in G.1. above occurs, EDA, at its discretion, may take one or more of the following actions: a. Terminate the award immediately for cause; b. Require the removal of any key individual from association with the management of and/or implementation of the award; and/or c. Make appropriate provisions or revisions at EDA's discretion with respect to the method of payment and/or financial reporting requirements. H. LOBBYING RESTRICTIONS 1. Statutory Provisions The Recipient shall comply with the provisions of Section 319 of Public Law 101-121, which added Section 1352 to Chapter 13 of Title 31 of the United States Code, and DoC ~mplementing regulations published at 15 CFR Part 28, "New Restrictions on Lobbying." These provisions generally prohibit the use of Federal funds for lobbying the Executive or Legislative Branches of the Federal government in connection with the award, and require the disclosure of the use of non-Federal funds for lobbying. 2. Disclosure of Lobbying Activities The Recipient receiving in excess of $100,000 in Federal funding shall submit a completed "Disclosure of Lobbying Activities" (SF-LLL) regarding the use of non-Federal funds for lobbying. The SF-LLL shall be submitted within 30 days following the end of the calendar quarter in which there occurs any event that requires disclosure or that'-materially affects the accuracy of the information contained in any disclosure form previously filed. The Recipient must submit the SF-LLLs, including those received from subrecipients, contractors, and subcontractors, to the regional office. An Indian tribe or organization that is seeking an exclusion from Certification and Disclosure requirements must provide (preferably in an attorney's opinion) EDA with the citation of the Provision or provisions of Federal law upon which it relies 21 to conduct lobbying activities that would otherwise be subject to the above provisions. 3. subaward, Contract, and Subcontract a. Applicability of Award Provisions to Subrecipients The Recipient shall require all subrecipients, including lowertier subrecipients, under the award to comply with the provisions of the award including applicable cost principles, administrative, and audit requirements. b. Applicability of Provisions to Subawards, Contracts, and Subcontracts The Recipient shall include the following notice in each request for applications or bids: Applicants/bidders fora lower tier covered transaction (excePt for goods and services under the $100,000 small purchase threshold and'where the lower tier Recipient will have no critical influence on or substantive control over the award) are subject to 15 CFR Part 26, Subparts A through E, "Governmentwide Debarment and Suspension (Nonprocurement). In addition, ~pplicants/ bidders for a lower tier covered transaction for a subaward, contract, or subcontract greater than $100,000 of Federal funds at any tier are subject to 15 CFR Part 28, "New Restrictions on Lobbying." Applicants/ bidders should familiarize themselves with these provisions, including the certification requirements. Therefore, applications for a lower tier covered transaction must include a "Certifications Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions and Lobbying" (CD-512) completed without modification. (2) The Recipient shall include a statement in all lower tier covered transactions (subawards, contracts, and subcontracts), that the award is subject to Executive Order 12549, "Debarment and Suspension" and DoC implementing regulations published at 15 CFR Part 26, Subparts A through E, "Governmentwide Debarment and Suspension (Nonprocurement)." (3) The Recipient shall include a statement in all lower tier covered transactions (subawards, contracts, and subcontracts) exceeding $100,000 in Federal funds, that the subaward, contract, or Subcontract is subject to Section 319 of Public Law 101-121, which added Section 1352, regarding lobbying restrictions, to-Chapter 13 of Title 31 of the United States Code as implemented at 15 CFR Part 28, "New Restrictions on Lobbying." The 22 Recipient shall further require the subrecipient, contractor, or subcontractor to submit a completed "Disclosure of Lobbying Activities" (SF-LLL) regarding the use of non-Federal funds for lobbying. The SF-LLL shall be submitted within 15 days following the end of the calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed. The SF-LT.L shall be submitted from tier to tier until received by the Recipient. The Recipient must submit all disclosure forms received, including those that report lobbying activity on its own behalf, to the regional office within 30 days following the end of the calendar quarter. I. MINORITY AND WOMEN~OWNED BUSINESS ENTERPRISE EDA encourages Recipients to utilize minority and women-owned firms and enterprises in contracts awarded under financial assistance awards. The Office of Program Development, Minority Business Development Agency, will assist Recipients in matching qualified minority and women-owned enterprises with contract opportunities. For further information contact: U.S. Department of Commerce Minority Business Development Agency Office of Program Development Herbert C. Hoover Building 14th Street and Constitution Avenue, NW Washington, D.C. 20230 J. SUBAWARD AND/OR CONTRACT TO A FEDERAL AGENCY 1. The Recipient, subrecipient, contractor, and/or subcontractor shall not sub-grant or sub-contract any part of the approved project to any agency of the DoC and/or other Federal department, agency or instrumentality, without the prior written approval of the Government. 2. Requests for approval of such action must be submitted to the regional office which shall review and make the final determination with the concurrence of legal counsel of EDA and legal counsel of the other Federal department, agency or instrumentality receiving the subaward and/~r contract. The Government will notify the Recipient in writing of the final determination. K. PROPERTY MANAGEMENT 1. Standards The Recipient shall comply with the property standards as stipulated in 15 CFR Part 24.31 or OMB Circular A-il0 or any DoC implementing regulation as applicable, and 13 CFR Part 314. 23 2. Retention of Title a. The Government determines who retains title to all nonexpendable personal property in accordance with 15 CFR Part 24 and OMB Circular A-il0, or any DoC regulation implementing such circular in effect on the date requirement is applied. Use, management, and disposition of the property will be in accordance with the applicable OMB Circular or Common Rule. b. Title to real property (whether acquired partly or wholly with Federal funds) shall vest with the Recipient subject to the condition that the Recipient shall use the real property for the authorized purpose of the project. 3. Disposal of Real Propert~ a. When the property is no longer needed for the purpose of the original project, the Recipient shall obtain prior approval from the Government for the use of real property in other projects. Use in' other projects shall be limited to those other Federally funded projects which have purposes consistent with those authorized for support by EDA. b. When property is no longer required as provided above, the Goverrument determines final disposition which may include one of the following: The Recipient will be permitted to retain title after it compensates the Government in an amount computed by applying the Federal percentage of participation in the cost of the original project to the current fair market value of the property. (2) The Recipient will be permitted to sell the property and pay the Government an amount computed by applying the Federal percentage of participation in the cost of the original project to the proceeds from sale, or the appraised value, whichever is the higher (after deducting actual and reasonable selling and fix-up expenses, if any, from the sales proceeds). The appraisal must be independent and conducted in accordance with standards established by a nationally recognized real estate appraisal as§ociation, such as MAI. Proper sales procedures will be established that provide for competition to the extent practicable and result in the highest possible return. (3) The Recipient will transfer title to the property to the Government provided that in such cases the Recipient shall be entitled to compensation computed by applying the Recipient's percentage of participatiOn in the cost of the project to the current fair market value of the property. 24 4. EDA's Interest in Award Property a. Recording EDA's Interest in Property: (~.) For projects involving the acquisition, construction or improvement of a building, the Recipient expressly agrees to declare and furnish to the Government, prior to initial Award disbursement, a statement of the Government's interest in the property acquired or improved in whole or in part with the funds made available through this award. (2) As used in this section K.4., "statement of the Government's interest" means a first priority unsubordinated lien, other security interest, or declaration of trust, as appropriate to reflect the Government's legal and equitable interest in the property. For those projects as to which EDA determines a legal impediment precludes the granting of a lien or other security interest, or a declaration of trust, in lieu thereof EDA may require a Covenant of Purpose, Use and Ownership. (3) This statement of the Government's interest must be perfected and placed of record in accordance with local law. EDA will, in its discretion, determine what form of statement of interest is to be used, and whether the document is satisfactory. EDA may require an opinion of counsel for the Recipient to sUbstantiate that the document has been properly recorded. (4) Facilities in which EDA investment is only a small part of a large project, as determined by EDA, may be exempted from the requirements of this paragraph a., but the property remains subject to the remaining provisions of section K.4. b. The Recipient acknowledges that the Government retains an equitable reversionary interest in the property acquired or improved in whole or in part with the funds made available through this Award throughout the useful life (as determined by EDA) of the property. _ c. The Recipient agrees that in the event it disposes of, or alienates in any manner any interest in, the property during its useful life, without EDA's written approval, the Government shall be entitled to recover the Federal share of the value of the property. When during its useful life property is no longer needed for the purpose of the Award, as determined by EDA, EDA may permit its use for other acceptable Purposes consistent with those authorized for support by EDA. 25 d. For purposes of any lien or security interest, the amount of the Government's share shall be the full amount of the EDA Award. However, the Federal share to which the Government is entitled (as stated in paragraph c., above) may be more or less than the Award. e. Alienation of Award property includes' sale or other conveyance of the Recipient's interest, leasing or mortgaging the property, or granting an option for any of the foregoing. During the useful life of the property, EDA ordinarily will approve the alienation of Award property without requiring recovery of the Federal share of its value only where such alienation is intended in the original Award, except that EDA may approve mortgaging of the property as provided by regulation (13 CFR Part 314). 5. Leasing Restrictions Leasing or renting of the facilities involved in this project is prohibited unless specifically authorized by EDA. The Recipient agrees that any leasing or renting of the facilities involved in this project shall be subject to the following: that said lease arrangement is consistent with the authorized general and special purpose of the Award; that said lease arrangement is consistent with EDA policies concerning, but not limited to, nondiscrimination and adequate consideration; that the proposed Lessee is providing market rate compensation to the Recipient for said lease and that said lease arrangement shall include a covenant prohibiting the use of such property for any purpose other than the general and special purpose of the Award. Any Lease Agreement entered into by the Recipient of said property shall be subordinate, junior and inferior to the first priority lien mentioned in Standard Condition K.4. above. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: Interlocal Agreement with Mason ORIGINATING DEPT: County Department of Emergency Management ORIGINATOR: DATE SUBMITTED: Public Works and Utilities K.Cahall, Water Resources September 9, 1998 2. CLEARANCES: (Comment o~a. ck~e~sary) 3. EXHIBITS: Director PW&U c-q~._ _~_,.~///'~ 23~ ~'/t /~- Interlocal Agreement with Mason County City Attorney City Treasurer Purchasing Manager Operations Committee Fiscal & Budget Comm. ~~.Y~ J~'~//"-~ / ENDORSEMENT m-gOmUnTXON Am'~¢W~ ~Su~cm rm~sml~NT roI~ StmmY~A~: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City's Emergency Action Plan for Casad Dam provides for notification of downstream residents in the unlikely event of dam failure. Mason County Department of Emergency Management is responsible for Emergency notification for Mason County and has an automatic telephone emergency notification system. This agreement provides up to $5,000.00 to Mason County to upgrade this system to include residents downstream of Casad Dam in both Kitsap and Mason Counties. 8. RECOMMENDATION: That City Council approves the interlocal agreement with Mason County and authorizes the Mayor to sign, subject to City administrative policies and procedures. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: 11. AGENDA BILL NO: ff~)' ~ 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: In the absence of this agreement, the City would have to provide an alternative notification system for downstream residents. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES: The funds for this project are included in the 1998 Water Utility Capital Budget. 7. RESEARCH SOURCES: IADEM.MASONC INTERLOCAL AGREEM-ENT BETWEEN THE CITY OF BREMERTON AND MASON COUNTY DEPARTMENT OF EMERGENCYU MANAGEMENT CONCERNING EMERGENCY NOTIFICATION WHEREAS, the City of Bremerton (City.) owns and operates Casad Dam for water supply purposes; and WHEREAS, as part oft_he operation of the dam the City has an Emergency Action Plan that identifies a potential inundation area and provides for downstream notification for residents in the unlikely event of dam failure; and WHEREAS, Mason County Department of Emergency Management (County) is responsible for emergency notification in Mason County; and WHEREAS, the County has an automatic telephone notification system for residents that can be upgraded to include downstream residents of Casad Dam in both Kitsap and Mason Counties in the event of an emergency; THEREFORE the City and the County agr~ ee to the following: 1.No separate administrative entity is created by the terms of this agreement. 2.As provided by Chapter 39.34 RCW, the City agrees to provide the funds to Mason County to upgrade their automatic telephone system to add residents in the potential inundation area for Casad Dam at a cost to be determined later but estimated to be approximately $4,000. These funds have been budgeted for the 1998 Bremerton Water Utility Fund. The upgrade shall be the property of Mason County. 3.Mason County Department of Emergency Management agrees to add these residents to their system and to initiate the telephone call out when notified by the City that an emergency event is imm/nent or in progress. 4.This agreement will take effect immediately upon execution of both parties and shall continue until amended or rescinded by mutual agreement of the City and the County. 5.Nothing in this agreement shall be construed to abrogate or limit the sovereign immunity of either party; grant or relinquish any interest in lands, water, or other real or personal property; alter the jurisdiction and authority of any court or agency not a party to this agreement, or of either of the parties except as explicitly set forth in the agreement; impose or alter the liability of any person for personal or property damage arising from, or contracts related to, any project approved to reviewed pursuant to or otherwise subject to this agreement or responsibility imposed by law. 6.Any and all notices under the terms of this agreement shall be given to the partie, s at the following addresses: Mason County Department of Emergency Services 410 w. Enterprise Rd. Shelton, WA 98584 City of Bremerton Public Works and Utilities 3027 Olympus Drive Bremerton, WA 98310 Dated this dayof "~r~t~-r~, 1998. Board of County Commissioners Mason County, Washington Authorized signature City of Bremerton Date Comm~i~n~ Commissioner Attest: Clerk of the Board oved to as form: Mike Cl~ Chief Deputy Prosecutor AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: 1998 Rocky Point Water District ORIGINATING DEPT: Public Works and Utilities Water Service Contract ORIGINATOR: K. Cahall, Water Resources Mgr. Amendment . ~ DATE SUBMITTED: September 15, 1998 2. CLEARANCES: (Comment o n }o/af~ec~?~,), 3. EXHIBITS: Director PW&U ~ ~¢~ ~ ,/q · Water Service Contract Amendment City Attorney City Treasurer -~-~~/ _.~ ~,~ __ Operations Committee k,,~//.~.~ L/c,/ ~,~c ENDORSEMENT X INFORMATION APlrROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: , 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City of Bremerton supplies water and operation and maintenance to the Rocky Point Water District through a 1960 Contract. The amended contract revises the previous agreement by clarifying responsibilities and updating regulatory requirements. 8. RECOMMENDATION: That City Council approve the Contract amendment with the Rocky Point Water District and authorize the Mayor to sign, subject to City Admin. Policies and procedures. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: N/A 2008 PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: If this contract amendment is not approved, the City and the District would have to operate under the outdated 1960 Contract. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES. EQUIPMENT OR OTHER RESOURCES: There will be no additional impact on staffmg, budgets, facilities, equipment, or other resources as a result of this contract amendment. 7. RESEARCH SOURCES: 1960 Agreemem between the City of Bremerton and Rocky Point Water District. 5'¢ AMENDED CONTRACT FOR FURNZSHING WATER AND SERVICES TO ROCKY POINT WATER DISTRICT BY THE CITY OF BREMERTON AGREEMENT This agreement is made and entered into this day of , 1998, by and between the City of Bremerton, a municipal corporation of the first class, hereinafter called "City" and Rocky Point Water District ~12, a municipal corporation, heretofore known as Marine Drive Water District, and hereinafter called "District". W I T N E S S E T H: WHEREAS, the Commissioners of what was then called Marine Drive Water District were authorized by a majority of electors residing within the district, at an election on the 29th day of January, 1952, pursuant to the Water District's Resolution ~107, called to vote upon the question of conveyance of the said Water system, And has conveyed to the City of Bremerton said water distributing system, and WHEREAS, the City by ordinance, has accepted a conveyance of the distribution system of the Marine Drive Water District and under the provisions of Remington's Revised Statutes, 11.586-1, et seq., Session Laws of 1933 (now RCW 57.08.30 et seq.) and desires to modify the latest modification of the contract then entered into as last modified by Agreement dated 12 July 1960. Said contract being for the furnishing of water service to the residents and consumers in the District, and setting forth responsibilities of the City and the District for maintenance and repair of said Water system and the management thereof, and concerning future additions and betterments thereto, It is hereby AGREED as follows: It is recognized and agreed by the parties that the capacity of the District is as a representative of the water consumers within the District who shall be AMENDED CONTR. 57 considered as being directly served by the City, and to whom the duty of service runs. The City hereby agrees to furnish water service to the consumers of water in the District in the aggregate amount set forth in paragraph 14 so long as the City shall maintain a public water supply and distribution system. Provided, however, this obligation shall continue and be binding upon any successor or assigns of the City so long as there exists a water supply and distribution system to the end that there shall continue the supply of water to the District so long as such a system supplies consumers within the City of Bremerton. Should supply to the District from the City system cease, ownership of all of the mains, and installations, and water service appurtenances within the District Service Area shall revert to the ownership of the District. The rate of charge to water consumers for water service and for other services or charges for which the City may make charge to water consumers, shall be at the same rate as for residents of unincorporated Kitsap County. Water service shall be furnished to the consumers within the District through individual meters which shall be read by employees of the City and billings sent by the City and collections made by the City for and on account of the use of the water as measured through the individual meters. These meters are and shall remain the property of the City. These billing services shall include a surcharge in an amount to be determined from time to time by the District, which amount shall be the property of the District, and shall be remitted to the District on a monthly basis, This billing service shall be charged for by the City to the District at the rate of $1500.00 annually, pro-rated, bi monthly according to the current billing cycle applicable to the area, and shall be subject to annual adjustment in January by an amount equal to the change of Consumer Price Index, U. S. Department of Labor, all urban consumers for cities class West-C. Sums collected by the City for District surcharge, are to be transmitted to the District within 15 days after the month in which they are collected. Reports of the transactions will be furnished on request. Reports of customer delinquencies shall be made to the District on AMENDED CONTR. a regular schedule at the time payment has become delinquent according to the City's standard delinquency date. In the event of damage to that portion of the water system or to it's appurtenances within the water District caused by third party action, the entity, City or District, discovering the damage shall, at the earliest opportunity, report to the other the fact of the damage. All information concerning the cause, nature of damage, identity of persons involved, information as to that person's insurance coverage if any, shall be reported and each shall cooperate to the end that cost of repair or replacement incurred by either entity shall be, to the extent possible, recovered from the person causing the damage and be shared pro-rata by the entities in proportion to the expenses incurred by the particular entity involved. If any part of the Water District is annexed to the City, the City shall either pay that portion of the then outstanding bonded indebtedness, net of any bond reserves represented by the proportion of debt service revenue derived from the annexed area, or pay through the District's Fiscal Officer by the due date of debt service payments a sum equal to that proportion of the debt service then due. This to continue until each of the particular bond issues shall have been paid in full. Debt service secured by assessments or annual levies such as Local Improvement District type assessments, General Obligation type levies or similar security devices shall continue after annexation to be collected by District. The City shall perform all operation and maintenance services. The City shall provide certified operators as required by State law. The City's function shall include the establishment and monitoring, testing, and enforcement of cross connection control requirements. Water furnished to the individual consumer meter shall meet the standards established from time-to-time by such agencies as may have cognizance as to purity, quantity and pressure or as provided to "In City" customers similarly situated. All required sampling and measuring of water shall be performed by the City according to schedules and AMENDED CONTR. 3 requirements of the particular cognizant agencies. The District shall pay for costs incurred to take the required samples. The cost referred to shall be laboratory analysis fees as charged and the average labor cost of taking a sample applicable to the entire sampling cost for distributed water within the City of Bremerton. The City shall report to the District any deficiencies found and make any consumer notifications, as required by State and Federal Drinking water regulations. The parties recognize that the City has a responsibility for service of water meeting proper standards of quality, quantity, and pressure to customers within the District and to remedy deficiencies therein. It is therefore agreed that the District shall be entitled, as to complaints of deficiencies in this regard which come to it's attention, to bring them to the City's attention and receive reports of investigations made and actions taken, and to require remedy thereof. This function of the District shall not be deemed to reduce or change the direct obligation of the City to the water customers to provide water and water service according to the above standards. (a) The District may, at it's own cost, make any additions, extensions or improvements, including upgrading a main to a larger size or installing a new hydrant, the making of any betterments to the system, which upon installation shall become the property of the City and be maintained by City at no additional cost to the District or its water users. This section shall not apply to water meters, which shall be installed by the City upon approval of the connection by the District, shall remain the property of the City, and shall be billed directly to the District's water users according to rates under Section 10. (b) A repair shall include work on existing mains. Replacement of a main shall be appropriate if an existing main is in an advanced state of deterioration such that it is more economical to replace a segment of water main than to continue repairs. (c) When the City determines that replacement rather than repair is necessary to maintain the operability of the system, the District shall furnish the materials to the AMENDED CONTR. City and the City will perform the necessary work without additional cost to the District. (d) The City agrees to maintain and repair said system or any additions, upgrades or extensions thereof, made in the manner herein provided without additional charge to the District or the water users therein. Maintenance and repair shall be deemed to include the maintaining of the system and its appurtenances in good operating condition, including any standards subsequently established by cognizant agencies. The foregoing not withstanding, the City shall be entitled for new water connections to make a charge to the customer for the cost of meter and its installation in accordance with the rate charged County customers. The Water District may establish and charge a front footage fee, to be collected by the District prior to connection on those mains which have been installed at District expense which includes all mains and distribution lines now in existence, and those hereafter installed at District expense or at property owner expense under contract with the District. The City, upon making new connection, shall be entitled to charge the water customer a general facilities fee to defray portions of the cost of the facilities for production and water storage. This fee shall be in accordance with fee for residents of the County. Authority for the connection of new customers to the District's system shall be established in the following manner: The City will supply the potential customer with a system status letter for a specific location. The new customer applications shall then be made to the District which shall determine the feasibility of, and the terms and conditions under which the connection shall be made. An authorization to connect, together with the terms and conditions thereof, shall be communicated to the City in writing, whereupon the City shall make the connections, and collect from the applicant those City fees and charges. Fire hydrants, both existing and future installations, are to be served, maintained, and repaired as a part of the system, and at no additional charge to the District or its customers. AMENDED CONTR. The making of extensions, additions, upgrades and improvements to the system will be planned for, designed and installed by the District at its expense, and in connection therewith it shall use the services of licensed professional engineers for the planning and design phases. Copies of plans so prepared shall be submitted to the City and shall be deemed approved within thirty (30) days unless specific written objection to an element thereof is received within that period. All specifications and work performed shall be in accordance with the Standards of the City of Bremerton promulgated for such work· The City shall have the right to observe and inspect work in progress to assure compliance with City standards. 10. Fire hydrants hereafter established on the mains shall be of a type approved by the City provided this type is in accordance with then current standards. The service of water to the District, the installation of meters and the rates to be charged for service, and all other work or services to be furnished or performed by the City for the District, shall be subject to the rules and regulations and/or ordinances now in effect or as the same may, from time to time, be amended or enacted, and where in this agreement no specific mention is made of any particular service or charge, such shall likewise be governed by such rules and regulations and/or ordinances existing or later enacted during the term of this agreement. No such ordinance or regulation shall amend or contradict the terms of this Agreement except as such ordinance or regulation is required by Sate or Federal law. 11, Any funds, or other assets of the District, acquired by the City of Bremerton as a result of the annexation of a part or of the whole of the District, shall be placed in a special fund by the City of Bremerton and shall be used by the City for the maintenance and betterment of the water system within the area annexed; provided that this provision shall not relieve the City of debt service obligations provided for elsewhere herein. 12. Disputes or questions over interpretation or application of this Agreement arising between the parties to the AMENDED CONTR. 13. 14. Agreement shall be settled by the CommJssioners of the District and the proper elected or appointed officials of the City as designated by it in writing. If the designated officials are unable to resolve these differences, then they shall be resolved using the Kitsap County Superior Court Arbitration Rules (MAR). The District shall not in turn sell water to or provide any interconnection with any entity outside the district boundaries. The district boundaries are described with legal description and map in Attachment "A". The average metered daily demand by the District shall not exceed 0.160 million gallons per day through the year 2012. For calculations and projections, see Attachment "B". Provided, that at the time either party renews it's comprehensive plan, similar projections based upon then existing data and the projections therefrom will be applicable for the ensuing life of this agreement. Should a water supply shortage arise necessitating rationing of city customers, the same rationing shall be applied pro rata for district customers. 15. The term of this agreement shall not exceed 10 years within which time the agreement will be reviewed and amended as appropriate. Section 4 of this Agreement shall be substantially incorporated in any extension of this agreement unless there is mutual agreement to the contrary or State legislation is passed affecting the interest and responsibilities established in RCW 57.80.30 et seq. between the District, City and water users within the District. Reasonable amendments requested for contract renewal shall be negotiated in good faith. However, if these negotiations fail to produce agreement on a contract extension, either party may seek a ruling on the proposed amendments under section 12 of this Agreement. In determining the reasonableness of amendments, the arbitrator or judge shall consider regulatory changes affecting water utilities, the history of agreement between the parties, the parties respective legislative powers and the underlying purposes of the relationship established under RCW 57.80.30 et seq. Terms of this agreement shall continue in effect until amended under this section. AMENDED CONTR. 11:19 RocKY POINT WATER DISTRICT PROJECTED FUTURE WATER DEMANDS II(ICKY POINT WATER DISTRICT HISTORICAL WATER USE 0.160 0.140 0,120 0.100 0.08O 0.060 0,040 0,020 0.000 YEAR POPULATION CONNECTIONS ACTU..~J.. (nn~.~.~oN nu.t.n~ ~; 1~4 1,7~ 530 MOD 0.133 76 GAL/CAPITA PROJ~CTEDocrrsm, coo, rrv~: 2000 1,755 $33. 2012 I,S6~ $78 0.133 76 0.142 76 PROPOSED AVERAG~ DAY DEMAIqD LIMIT FOI~. THE ROCKY POINT CONTRACT: PROJECTED DEMAND IN 2012 + 10% = 0.160 MGD IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed and sealed this day of , 1998, by its duly authorized officials. Pursuant to Bremerton Municipal Code CITY OF BREMERTON ROCKY POINT WATER DISTRICT #12 LYNN S. HORTON, Mayor DEPARTMENT APPROVAL: W. EUGENE SAMPLEY, Director of Public Works & Utilities APPROVED AS TO FORM: GLENNA MALANCA, City Attorney ROCKYPOINT. AGT - AGREEMENTS - 9/22/98 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Tracyton Water District Service Area Agreement FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: ,1998 Public Works & Utilities K.Cahall, Water Res. Mgr. September 15m, 1998 2. CLEARANCES: (Comment on Director PW&U City Attorney City Treasurer ~yy~~a~,) 3. EXHIBITS: ,~ . · Water Service Area Agreement Operations Committee ENDORSEMENT /~ INFORMATION APPR~D BY COUNCIL PRESIDENT FOR SUB1V~TTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:The The City of Bremerton supplies water to the Tracyton Water District through a 1966 Agreement. The Public Works and Utilities Department has been working with the District to upgrade their Water System Plan and to better define their customer base. Th_is service area agreement describes the legal boundary for their service. 8. RECOMMENDATION: That City Council approve the service area agreement with the Tracyton Water District and authorize the Mayor to sign, subject to City administrative policies and procedures. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: N/A N/A PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Non-passage of this agreement would cause further confusion on which water customers are in the Tracyton Water District Service area. 6. IMPACT ON STAFFING. BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: There will be no impact on staffing, budget, facilities, equipment, or other resources. 7. RESEARCH SOURCES: Tracyton Water District Interim Water System Plan, June 1998. SERVICE AREA AGREEMENT AMENDMENT CITY OF BREMERTON AND TRACYTON WATER DISTRICT THIS AGREEMENT AMENDMENT is hereby made and entered into by and between the CITY OF BREMERTON, a municipal corporation of the State of Washington established under Title 35 of the Revised Code of Washington, hereinafter referred to as "BREMERTON", and the TRACYTON WATER DISTRICT, a municipal corporation of the State of Washington, established under Title 57 of the Revised Code of Washington, hereinafter referred to as "TRACYTON". WITNESSETH: WHEREAS, BREMERTON and TRACYTON entering into an agreement for the purpose of establishing operations and maintenance and areas of customer service in 1966; and WHEREAS, BREMERTON AND TRACYTON acknowledge that they are now, or expect in the furore, to serve the area of Kitsap County, Washington, lying generally in the central portion of said County and around the eastern portion of Dyes Inlet; and WHEREAS, 'in redefining the boundary between the respective service areas of BREMERTON and TRACYTON, the parties have given proper consideration to expected growth and population and service demands, ground surface elevations and contours, water service pressure zones and compatibility to the extent possible in the respective pressure zones utilized by the parties hereto; and WHEREAS, BREMERTON AND TRACYTON hereby agree to amend their agreement as follows: Section 35 Establishmem of Boundary: BREMERTON AND TRACYTON hereby agree that the boundary between their respective water service areas shall be the line shown in blue on the attached Figure "1" which by this reference is incorporated herein as though fully set forth. Said line is legally described as set forth on Exhibit "A" attached hereto, which by this reference is incorporated herein as though fully set forth. In the event there is any change in the service area boundary set between BREMERTON AND TRACYTON in the future, such changes shall be by mutual agreement and in writing. Nothing in this Agreement shall abrogate the rights and powers of BREMERTON under RCW 35.13A.030-.050 upon annexation of any territory included in the Tracyton service area into BREMERTON. Authorization: BREMERTON AND TRACYTON have each authorized the execution of this Agreement by appropriate resolution. Service Area Agreement Amendment City of Bremerton and Tracyton Water District Notices: All written notices required to be given pursuant to this Agreemem shall be sent by certified mail, return receipt requested, to the parties at the following address: BREtMERTON: Bremerton Public Works and Utilities 3027 Olympus Drive Bremerton WA 983104799 TRACYTON: Tracyton Water District PO Box 2013 Silverdale WA 98383-2013 Provided, however, that either party may change the address to which notices are to be sero by providing notice in accordance with this section. DATED this day of ,1998. CITY OF BREMERTON By: By: Mayor Lynn S. Horton By: Department Approval City Attomey Attest: Kathleen McCluskey, City Clerk TRACYTON WATER DISTRICT By:. By: Commissioner By:. Commissioner Commissioner Service Area Agreement Amendment City of Bremerton and Tracyton Water District TRACYTON WATER DISTRICT Section 28, Township 25, Range 1 East, Government Lots 1,2,3 and 4, W.M., Kitsap County, WA Except the north 760 feet more or less thereof. Section 27, Township 25, Range 1 East, W.M., Kitsap County, WA The southwest quarter. The south half of the southwest quarter of the southwest quarter. The southwest of the southeast quarter of the southwest quarter. The south 320 feet more or less, of the west 480 feet more or less, of the northwest quarter of the southwest quarter of the southwest quarter. The north 330 feet more or less, of the northwest quarter, northwest quarter, southwest quarter. Section 33, Township 25, Range 1 East, W.M., Kitsap County, WA The east half. Section 34, Township 25, Range 1 East, W.M., Kitsap County, WA Government lots 1, 2 and 3 The northwest quarter. Except that portion of the northly 600 feet more or less and the easterly 360 feet more or less of government lot 2. Except that portion lying 880 feet more or less south of sec. 34 north section line and 120 feet west of the north-south center line of said section. The northeast quarter. The north half of the northeast quarter, Gov't Lot 3. Except that portion lying north of the centerline of Tracyton Blvd. and Schuyler Road, and Lot A Short Plat No. 176 recorded under Auditor's File No. 1101016. Except that portion of the southeast quarter of the northeast quarter lying east of Mosher creek. Except that portion of the southeast quarter of the northeast quarter lying east of the following described line: beginning at the north line of the southeast quarter of the southeast quarter of the northeast quarter and the intersection of Mosher creek, thence Southwesterly 210 feet more or less, thence west 340 feet more or less to the westerly line of the southeast quarter of the southeast quarter of the northeast quarter, thence along said westerly '70 line south 450 feet more or less, to the south line of the said southeast quarter of the southeast quarter of the northeast quarter. The southeast quarter. Except the northeast quarter of the northeast quarter of the southeast quarter and that portion of the southeast quarter, lying north of the centerline of Vena Blvd. Section 35, Township 25, Range 1 East, W.M., Kitsap County, WA The southwest quarter. The west half of the west quarter of the southwest quarter. Together with the southwest quarter of the southwest quarter of the southwest quarter north 440 feet more or less and east 340 feet more or less. Except the north 650 feet more or less thereof. Section 3, Township 24, Range 1 East, W.M., Kitsap County, WA Government lots 1 and 2. The northeast quarter. Except the portion lying southerly of the following described line, beginning at the easterly quarter comer of said section 3, thence northerly along said section line 720 feet more or less, thence leaving said section 1800 feet more or less to the centerline of an existing creek, thence following said creek southerwesterly to the gov't meander line and terminus. Section 2, Township 24, Range 1 East, W.M., Kitsap County, WA All of the southwest quarter of the northwest quarter. :-_:/ Ld Z © AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Approval of Budget Adjustment #98-30 FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: 9/30/98 Fire DukeFFulp 9/22/98 2. CLEARANCES: f~.~t~~ry) Budget&Finance ~__~~ Operations Committee~/-~''~''' 3. EXHIBITS: Budget Adjustment #98-30 ENDORSEMENTS MAYOR INFORMATION APPROVED BY COUNCIL PR~.S.[DENT FOR SUBMITTAL: COUNCIL PRESIDENT ~L-_~ ~_~ ~/~4..,'~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: This adjustment will provide necessary expenditure authority to the Street Department to pave Linder AvenUe_. the access to the new fire training facility in the Westhills neighborhood. 8. RECOMMENDATION: That the Bremerton City Council authorize Budget Adjustment #98-30. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED 7_3 AMENDED 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: IMPACT ON NON-PASSAGE: The Joint Management Group has authorized an expenditure of $32,000 to have Linder Avenue paved. Linder Avenue willbe the access to the National Guard Amory and the Fire Training Center. This would delay the start of the project into next year. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES, EQUIPMENT OR OTHER RESOURCES: The actual costs of the project will be paid by the Joint Management Group and will have no financial impact on the City. 7. RESEARCH SOURCES: Requesting Department: STREET CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Adjustment Number: 98-30 Approval Authority Required: r-]Treasurer SOURCE OFFUNDS: INCREASE: ChargesforServicess ~--~Mayor Amount 32,000 Fiscal & Bud~let USE OF FUNDS: INCREASE: Personnel Supplies Equipment r~council Amount 11,000 13,000 8,000 32,000 NARRATIVE: This adjustment will provide necessary expenditure authority to allow the Street Department to pave the access to the new fire training facility in the Westhills neighborhood. Depa~ure Treasurer Comments: Director Sicjnature Date Mayor Comments: Not Recommended Treasurer's Signa-ture~ Da~e C~ Recommended ~ r-~ Approved [--'"] Not Recommended Denied Si~lnature Fiscal & Budget Committee Comments: Date [--~ Approved ~ Denied Fiscal & Bu~ature Date AGENDA BILL BREMERTON CITY COUNCIL SUBJECT c rc FOR AGENDA OF: 9-30-98 ORIGINATING DEPT: ORIGINATOR: Chief Du Fresne DATE SUBMITTED: 9-~2-9~ CLEARANCES: 3. EXHIBITS: Attached Contract ENDORSEMEN_T ~ ~ t~AT ION MAYOR ~ . City Attorne OPERAT,ONS COMM I TTE E~::z~::~. APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: c0u ciL 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: Through a contract with State of Washington Criminal Justice Training Center, Officer Dan Fatt would be assigned to the Basic Law Enforcement Academy as a full-time instructor for three years. The Training Center would reimburse all expenses for this assignment. The Department would replace Officer Fatt so that there would be no reduction in FTE. A budget adjustment for the rest of this year is also attached. 8. RECOMMENDATION: Recommend approval for the Mayor to execute this contract and approval off, e-budget adjustment.~-2~, o RESPONSIBLE OFFICIAL: Paul Du Fresne ENFORCEMENT OFFICIAL: EXPIRATION DATE: 9-31-01 REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: APPROVED DISAPPROVED DATE: 11. AGENDA BILL NO: AGREEMENT This agreement is made and entered into by and between the Bremerton Police Department, hereinafter referred to as the "Department", and the Washington State Criminal Justice Training Commission, hereinatSer referred to as the "Commission". Whereas Daniel Fatt is employed by the Department as an employee, holding the position of Officer therein; and Whereas the Commission, pursuant to Chapter 43.101.RCW, is empowered to provide programs and standards for the training of criminal justice personnel and in conjunction therewith may contract with individuals and agencies for the purpose of training; and Whereas the Commission desires to contract with the Department for the full-time services of Officer Fatt in administering, conducting, and presenting this state's Basic Law Enforcement Academy program; Now therefore, for and in consideration of the mutual promises set forth hereafter, the parties hereto mutually agree as follows: (1) Term f ~ 4-/.. This agreement shall commence on the,l~ay of October 1998, and terminate on the 313tart day of ~'rv/eer 2001; subject to prior termination as provided herein and unless as extended by written mutual agreement of the parties hereto. (2) Duties of Department The Department shall provide the full-time services of Officer Fart to the Commission for the purpose of administering, conducting, and presenting the state's Basic Law Enforcement Academy program. Such services shall include, but not be limited to: (a) Provide classroom instruction in assigned subjects; (b) create written and practical exercises relating to classroom instruction; (c) write test material; (d) research/update classroom instruction and teaching materials;; (e) tutor/counsel recruit officers; (f) grade exams; (g) assist and coordinate practical training exercises; (h) suggest revisions to academy program and curriculum. 77 (3) (4) (5) (6) (7) Consideration In consideration of those services provided under th/s agreement, the Commission shall reimburse to the Department its full payment of salary to Officer Fatt, including all benefits and all increases to said salary or benefits, during the period of Officer Fart's service to the Commission herein under. Additionally, at the discretion of the Department, an agency vehicle may be provided to Officer Fatt to assist him during this assignment and the Commission agrees to reimburse the Department for fuel and lubrication not to exceed 5200 per month. The Department agrees to notify the Commission of all vehicle costs, beyond fuel and lubrication, prior to completion. The Commission shall pay said reimbursement amount upon submission by the Department of a monthly invoice to the Commission at P.O. Box 40905, MS 40905, Olympia, Washington 98504- 0905. Reimbursement by the Commission to the Department will be forwarded to the WSGC, ATTN: Business Office, P.O. Box 42400, Olympia Washington 98504-2400. Agreements Outside of This Agreement This agreement contains the complete agreement between the parties and shall, as of the effective date hereof, supersede all agreements, either written or oral, between the parties. The parties agree that neither of them has made any representations with respect to the subject matter of this agreement or any representations, including the executing and delivery hereof, except such representations as are specifically set forth herein; and each of the parties hereto ac-knowledges that it has relied on its own judgment in entering into this agreement. Modification No waiver or modification of this agreement or any covenants, conditions, or limitations herein contained shall be valid unless in writing and duly executed by the parties to be charged therewith; and no evidence of any waiver or modification shall be offered or received in evidence of any proceeding or litigation between the parties hereto arising out of or affecting this agreement, or the rights or obligations of the parties herein under, unless such waiver or modification is in writing duly executed as aforesaid; and the parties further agree that the provisions of this section may not be waived except as herein set forth. Termination of Agreement This agreement may be terminated without cause at any time by mutual agreement of the parties hereto, or by either party after sixty (60) days following the other party's receipt of a written intent to terminate. The parties retain the right to cancel this agreement upon ten (10) days written notice to the other party if either party fails to properly keep any of the provisions of this agreement. In the event of termination under this section, the Department will be entitled to receive, to the date of such termination on a pro rata basis, the compensation as set forth in section (3) herein. Employment Obligations of Parties The Department agrees to pay to Officer Fatt the full salary and benefits, including all increases to said salary and benefits, accruing to him as an emptoyee of the Department during the period of his services herein under, Additionally, the Department agrees to extend to Officer Fatt all rights, privileges, and benefits attendant to and resulting i~-om his employment by the Department, including any and all promotional opportunities other,vise available to him. The Department further agrees that upon completion and conclusion of Officer Fatt's service herein under, and in the absence of any promotion or upgrading in classification which has occurred during the (8) (9) (10) (11) (12) (13) duration of this agreement, he will be returned and reinstated to the Department at the same or equal commissioned rank which he held on the beginning date of this agreement. The Commission agrees to effect all necessary evaluation and documentation regarding Officer Fatt during the period of his service herein under and as required by the Department. The Commission additionally agrees to provide Officer Fatt a work and learning experience and professional opportunities for career development and enrichment at no special or direct cost to the Department. Department Held Harmless The Commission agrees to hold the Department and Officer Fatt harmless from any liability or claim of liability that may arise from acts or omissions occurring: (a) in performance of services reasonably related to this agreement, and (b) either at the request of or under the direction and control of the Commission, its agents or employees. MedicaVHealth and Workers' Compensation Benefits In the event of any injury to, or the illness or death of, Officer Fart while acting in performance of this agreement, the Department agrees to extend to Officer'Fatt medical/health and workers' compensation benefits and other compensation, to the same extent and in the same manner as if such injury, illness, or death had occurred during work assignment in and for the Department. Venue Stipulation This agreement shall be construed as having been made and delivered with the State of Washington, and the laws of the State of Washington shall be applicable to its construction and enforcement. Any action at law, suit in equity, or judicial proceeding for the enforcement of this agreement or any provision hereto shall be instituted in Thurston County, Olympia, Washington. Assignment Each party to this agreement stipulates that the agreement is one for personal services and accordingly neither party hereto may assign, sublet, or transfer any interest in this agreement. Compliance with Laws The parties hereto agree to comply in carrying out the terms of this agreement with all applicable federal, state, and local laws, ordinances, and regulations, including but not necessarily limited to, the laws pertaining to civil rights and laws pertaining to the Commission and the Department, including merit system rules. Notices All notices given herein shall be in writing and shall be sent by registered mail to the parties at their recognized business addresses. (14) Headings The article headings contained in this agreement are inserted solely as a matter of convenience and for reference and in no way do they define, limit, or describe the scope or intent of the provisions of this agreement. IN WITNESS WHEREOF, the parties have affixed their signatures on the dates below. Washington State Criminal Justice Training Commission City of Bremerton Lieutenant Micha'~S Painter Date Basic Law Enforcement Academy Signature/Title Date Cc~ Sharon Tolton, Deputy Director Luis Villanueva, Fiscal Officer Fatt CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: POLICE Adjustment Number: 98-29 IApproval Authority Required: r-]Treasurer SOURCE OF FUNDS: INCREASE: State Reimbursement r-]Mayor Amount 15,400 Fiscal & Budget USE OF FUNDS: iNCREASE: Personnel (1 FTE Oct. - Dec.) [~Council 15,400 NARRATIVE: This adjustment will provide an additional Police Officer position and the related expenditure authority to hire a replacement for officer Fatt during his service at the Criminal Justice Training Center. Department H~'ad ~icjnature Date Director Signature Date Treasurer Comments: ~]~~ecommended ~ Mayor Comments: Not Recommended Treasurer's Sicjnature ~ Date E~ Recommended ~ Not Recommended [~ Approved [~] Denied Fiscal & Budget Committee Comments: Mayor's Sic, lnature Date r-~ Approved r---] Denied ~1 & Bu~re Date PERSONNEL COST CALCULATION PROPOSED POSITION TITLE Dan Fatt SALARY/HOURLY/RANGE 23.53 / hour (1998) HOURS OF WORK PER DAY AND PER WEEK FICA RATE PENSION RATE W.C. RATE L&I RATE MEDICAL DENTAL RATE STANDARD INSURANCE RATE CLEANING/CLOTHING ALLOWANCE DEFERRED COMP RATE INSURANCE PREMIUM CLEANING/CLOTHING 0.0145 0.0527 0.4500 0.0229 5,633 10.0000 725.0000 0.0200 120.00 725.00 HOURLY RATE/SALARY HOURS OR PAYPERIODS BASIC SALARY DEFERRED COMP F.I.C.A. PENSION WORKERS COMP L&I MEDICAL/DENTAL INSURANCE PREMIUM CLEANING/CLOTHING TOTAL NUMBER OF POSITIONS TOTAL PERSONNEL DIFFERENCE 23.53 528 12,424 248 184 655 238 12 1,408 30 181 15,381 15,381 PENSION .0750 PERS .0618 LEOFF I .0527 LEOFF Il WORKERS COMPENSATION .11 WHITE COLLAR .40 FIREFIGHTERS .45 LAW ENFORCEMENT .60 OTHER MEDICAL/DENTAL 4800 NON-UNIFORMED 5522 UNIFORMED L&I ELECTED & MGMT $1.83 PER PAY PERIOD LEOFF I & EXEMPT 0 ALL OTHERS $.0229/HOUR STANDARD INSURANCE POLICE LEOFF II $10/MO FIRE LEOFF II $20/MO POLICE MANAGEMENT LEOFF II $12.50/MO CLEANINGICLOTHING ALLOWANCE CLOTHING ALLOWANCE $425/YR CLEANING $300 POLICE CLEANING $305 NON-UNIFORMED CLEANING $250 FIRE DEFERRED COMP MANAGEMENT 4% POLICE 2% FIRE $100/MO C:\123FILES\PERSCALC.WK4 09/22/98 08:46 AM ,Micb. ael ?arsons Executive Director STATE OF WASHINGTON I -'- WASH[NGTON STATE CRIMINAL JUS~]C: TRAINING COMMISSION Criminal Justice Training Center · 19010 1st Avenue South · 5eatt:e. ~.%~.shington 98148 · (206) 439-3740 £AX (206) 439-3752 · Internet Address: http:", ~,www. wa.gov\cjt September 14, 1998 Commission Membership Colleen Wilson, Chief M,,m,~.' P~dicc Dcpartmen! ',he ('hair Chief Paul Du Fresne Bremerton Police Department 239 Fourth Street Bremerton, Washington 98337 lion :4i,epherd HIL'OJll Cotlnly Prosecutor Dear ChiefDu Fresne, .Judy Arnold. YhurMon ('ounty I),mt~ BI;tir. Sheriff '.4 nt hlc~'~ Ih, viny /~lllq IICY ( ;C ncr:l[ Pat .Jones, Sheriff Kit~ap { 'otlnty .Joseph I.chrn:m. Stx'~/ary john E. Manslichl. Chief I,,:,c~,' I'ohc> I)cpa~mcnl Citizen-al-Large Burdena G. Pasenelli ~,[-cclaJ Agcm m Charge I:cdcr;fl Bureau of Investigation Mmctle S:mdherz, Chief %:~s}lill<to/1 SI;itC Patrol .l,,hn Wa.~ber~ k':,lXla[ll AllOrllcy General 5~atc ~,I Wasifington Thank you for your letter tentatively endorsing Officer Dan Fatt's assignment as a staff member to the Basic Law Enforcement Academy. Following receipt of your letter, we interviewed Dan for an existing vacancy. Dan performed well in the interview and the panel recommended we extend him a job offer. I have discussed this opportunity with Dan, which he accepted, pending approval by you. Pursuant to our conversation on Friday, September 11, 1998, I now formally request Dan's full time assignment to the Basic Law Enforcement Academy. I have attached a copy of an agreement between the CJTC and your agency securing Dan's assignment effective October 1, 1998. If you have questions regarding the content of this agreement, please call me at (206) 439-3740, em. 284. Thank you for your continued support of Basic Law Enforcement training. Sincerely, ./'/% Lieutenant Michael S. Painter, Commander Basic Law Enforcement Academy M ssio ~ Slalement: Train criminal justice personnei to deliver the hi~i~c:d cram:'. -_:'. :..' :' 7:c citizens of Washington State.