Loading...
HomeMy WebLinkAbout04/24/96 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA APRIL 24t 1996 CALL TO ORDER - 5:30 P.M. A. Pledge Of Allegiance B. Invocation 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. .~o~q~~_~ A. Resolution #2543, Setting Hearing Date For #AB96-081 Street Vacation; Applicant - Star Of The Sea Parish 3. CLAIMS/CHECK REGISTERS 4. COUNCIL MEMBER REPORTS 5. MAYOR'S REPORT 6. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) NEW BUSINESS A. Bid Award - Gold Mountain Golf Course Grounds Maintenance Facility/Truss Industries Inc. B. Agreement For Consultant Services - Dyes Inlet Implementation Grant C. Kitsap Regional Council Interlocal Agreement D. Admiral Theater Section 108 Loan Security RESOLUTIONS A. Resolution #2544, Authorizing IAC Application: Evergreen Park Redevelopment Phase I #AB96-082 #AB96-083 /~ #AB96-084 #AB96-085 [~ #AB96-086 37 AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Set Date Street Vacation Resolution No. ~-~f7/~ Applicant: Star of the Sea Parish FOR AGENDA OF: April 24, 1996 ORIGINATING DEPT: Dept. of Comm. Dev. ORIGINATOR: Jack Allinqha%.~ DATE SUBMITTED:April 18[ 1996 CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: Director of Comm. Dgv. :/~U/~ 1. Proposed Resolution for setting Engine?ring Dept:_ L~~ date of Public Hearing; o?eratlons co--/.' 4.SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Our Lady Star of The Sea Parish is requesting approval of land use applications to redevelop their school at its present location north of Veneta Avenue between 5th and 6th streets. In order to consolidate all the property needed for the project, the Parish is requesting vacation of an adjoining alley way at the west side of their property. Title 35 R.C.W., Chapter 35.79 requires "...legislative authority by resolution shall fix a time when the petition will be heard and determined by such authority or a committee thereof, which time shall not be more than sixty days nor less than twenty days after the date of the passage of such resolution". Se RECOMMENDATION: City Council adopt proposed Resolution/~9/~ to set (proposed public hearing May 15, 1996- 21 adoption). date for public hearing days after Resolution RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: N/A REVIEW DATE: N/A Donald Pratt 10. NOTICE OF ACTION PULLED / TABLED / APPROVED / DISAPPROVED / AMENDED / DATE: A CLEARANCE COMMENTS= 11. AGENDA BILL NO.: ® IMPACT OF NON-PASSAGE: To the City: Non-compliance with R.C.W. Chapter 35.79 Vacation; To the applicant: Postponement of applicant's request. - Street IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Additional staff time will be required to process the application through City Council Public Hearing; ordinance processing (publication, recording, accepting payment for Vacation, etc.) RESEARCH SOURCES: Planning Department File #SV-02-95; BMC 11.20 Street and Alley Vacation procedure; R.C.W. 35.79, Streets - Vacation. SOLUT ON NO. RESOLUTION SETTING HEARING DATE FOR THE VACATION OF THE ALLEY RUNNING NORTH/SOUTH BETWEEN 5TH STREET AND 6TH STREETv WEST OF FENETA AVENUE ~ND THE EASTERN MOST 16.25 FEET OF THE ADJOINING EAST/WEST ALLEY. A public hearing will be held on May 22, 1996 at 6:00 p.m. or later at the Bremerton City Hall, 239 Fourth Street, (second floor - City Council chambers) Bremerton, Washington to take public comment or objections to the vacation of the following right-of-way: Applloation: Request for vacation of right-of-way (R-O-W): Be Applicant: Alley way: 218 Ft. X 14 Ft. (approx.) (3052 S.F.) 16.25 Ft. X 14 Ft. (227.5 SF) Our Lady Star of The Sea Parish 1517 - 6th Street Bremerton , WA 98310 Contact : Rice Fergus Architects (Dave Fergus) Looation: The alley running north/south between 5th Street and 6th Street, west of Veneta Avenue and the eastern most 16.25 feet of the adjoining east/west alley. (Legal descriptions attached as exhibit "A" ) PASSED by City Council of the City of Bremerton this day of , 1996. John Law, President Bremerton City Council APPROVED this day of , 1996 ATTEST: LYNN HORTON, Mayor KATHLEEN L. McCLUSKEY, Clerk P.O. Dox 720 · 9119 Ridgetop Boulevard N.W. Silverdal¢, Washington 98383 Silverdale (360) 692-5525 · Seattle (206) 682-5574 Fax (360) 698-0546 Engineering · Su~eying · Planning exhibit "A" LEGAL DE~CRTPT~ON PARCEL "G" PORTIONS OF AT.T.F. YS IN BLOCK 1, PLAT OF PETER HESSER'S FIRST ADDITION TO THE CITY OF BREMERTON, PER VOLUME 3, PAGE 38, RECORDS OF KITSAP COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT 30 FEET SOUTH AND 66 FEET WEST FROM THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 24 NORTH, RANGE I EAST, W.M., THIS 'BEING THE POINT OF INTERSECTION OF THE SOUTH MARGIN OF RIGHT-OF-WAY OF 6TH STREET AND THE WEST MARGIN OF RIGHT-OF-WAY OF VENETA AVENUE; THENCE ALONG SAID SOUTH MARGIN OF 6TH STREET N 89° 44' 30" W - 180.23 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG EAST MARGIN OF ALLEY, S 00° 01' 49" W - 220.66 FEET TO A POINT ON THE NORTH MARGIN OF RIGHT-OF-WAY OF 5TH STREET; THENCE ALONG SAID MARGIN OF 5TH STREET N 89° 46' 30" W - 14.00 FEET; THENCE ALONG WEST MARGIN OF ALLEY N 00° 01' 49" E -103.33 FEET; THENCE ALONG SOUTH MARGIN OF ALLEY N 89° 45' 30" W - 15.50 FEET; THENCE N 00° 01' 49" E - 14.00 FEET; THENCE ALONG NORTH MARGIN OF ALLEY S 89° 45' 30" E - 15.50 FEET; THENCE N 00° 01' 49" E - 103.33 FEET TO POINT ON THE SOUTH MARGIN OF RIGHT-OF-WAY OF 6TH STREET; THENCE ALONG SAID MARGIN OF 6TH STREET S 89° 44' 30" E - 14.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 3306 SQUARE FEET. SITUATE IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION 14, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON. March 15, 1996 #4676.00 - G 6 ''''-'-" 5'4" $3!' ~o $3'£ 4.0' 7 II 4-0' 13 14- 4- 15 16 2 5'r ,H. 17 2°' 4-0' I I I .I STR. 5C/~LIr STR. I00' I 2 A~ENDA BILL BREMERTON CITY COUNCIL SUBJECT: Bid Award - Gold Mountain Golf Course Grounds Maintenance Facility FOR A~ENDA OF: April 24, 1996 ORIGINATING DEPT: PW&U ~a/ ORIGINATOR: D. Miller, Proj Mgr DATE SUBMITTED: April 9, 1996 2. C?~ARANCES: Director PW&U Director Parks City Treasurer City Attorne¥ (Comme .nt o~,~ck if n~ Item presented a~tudy Session on April 15, 1996 3. EXHIBITS: - Bid Opening List - Reference Check - Sources & Uses of Funds APPROVED BY COUNCIL FOR SUBMITTAL: COUNCIL PRESIDENT~-_/' -- 4. ~Y STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Bids were opened on Thursday, April 11, 1996 for the new Gold Mountain Golf Course Grounds Maintenance Facility. Nine ( 9 ) bids were received for this project. (See attached Bid Opening List.) The iow bidder is Truss Industries, Inc., from Seattle, Washington for the base bid amount of $420,425.00. The recommendation before Council is approval of Truss Industries, Inc.'s base bid of $420,425.00. 8. RECO~4ENDATION: The recommendation before the City Council is approval to award this contract to Truss Industries, Inc. in the amount of $420,425.00 and that, if approved, the City Council authorize the Mayor to execute the same, subject to City administrative policies and procedures. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: Director PW&U Project Manager N/A N/A PU~.T.W.D TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: AMENDED 11. AGENDA BILL NO: 2. CT.~.ARANCE C~.~-,'~.NTS: '- - 5. IMPACT ON NON-PASSAGE: The Gold Mountain Golf Course new Grounds Maintenance Facility will not be constructed in order to function with the expanded grounds maintenance staff, increased maintenance equipment, and expanded responsibility to maintain not only the existing 18-hole golf course, but the new 18-hole golf course as well. In addition, the impact of non-passage will delay plans on the removal of the existing grounds maintenance shop to provide additional parking needed to accommodate the 36-hole golf course customers. 6. IMPACT ON STAFFING, BUDGETS~ FACILITIES, EQUIPMENT OR OTHER RESOURCES: Necessary staffing time shall be needed to oversee the construction. Sufficient funds exist for the construction of the new Gold Mountain Golf Course Grounds Maintenance Facility from the overall Gold Mountain Expansion Project funds. 7. RE SEARCH SOURCE S: {\960424 3.ab} Gold Mountain Golf Course, Grounds Maintenance Facility Bid Opening List, as submitted at 2:00 PM, April 11, 1996 Business Base Bid w/W.S.S.T.* Alt. Bid w/W.S.S.T.* Truss Industries, Inc,. ~; ,:$420,425 $454,479 $2,800 $3,027 191§:. Pike Place, ;206~932::7726/fax_~- ~ 6-~!~':~ Collier Company, Inc. $470,000 $508,070 $7,500 $8,108 12800 Johnny Hoss Rd. Bremerton, WA 98312 360-830-4621/fax-830-2231 Tec Construction $471,000 $509,151 $20,000 $21,620 17011 Lemolo Shore Dr. Pouisbo, WA 98370 360-779-1800/fax-697-1497 MDM, Inc. $490,225 $529,933 $5,300 $5,729 22024 Marine View Dr., S. Suite 201 Des Moines, WA 98198 206-824-0705/fax-824-1145 Lincoln Construction, Inc., $512,400 $553,904 $3,850 $4,162 P.O. Box 730 Spanaway, WA 98387 206-847-6414/fax-847-6806 Stan Palmer Construction, Inc. $522,407 $564,722 $11,160 $12,064 P.O. Box 2057 Silverdale, WA 98383 360-692-6526/fax-692-4205 Hartford Contracting, Inc. $530,000 $572,930 $13,212 $14,282 13256 Northup Way, # 10 Beileview, WA 98005 206-643-8580/fax-643-8611 H HJ Construction $533,333 $576,533 $3,761 $4,066 P.O. Box 1008 Sumner, WA 98390 206-863-8126/fax-863-5854 Boddies Building Const., Inc. $570,700 $616,927 $16,000 $17,296 2102 S. 12th Street Tacoma, WA 98405 206-627-6885/fax-272-9434 * Washington State Sales Tax, in Kitsap County = 8.1% ~mf_bid.lst} TO : PHONE FROM : TRUSS I NDUSTR I ES 1916 Pike Suite 133 $etltle. WA 98101-1056 TEL 206~, 952-7726 FAX 206 Contr. Re~SI'O~SMS : 1092313604?85018 ARR. !S. 1996 T:7OAM ~-~qONE NO. : 20G 932 7926 TRUSS INDUSTRIES._. DAT~;I April 15. 19~ : FROM: Mr. Dan Miller City Of Bre~rton PubUc Work. Cid Chambers TI'~so [Flduotflas, Inc. Gold Mou~tn/n Golf ~ Grounds nmtn~ Fa~tl/ty Mr, Miller Flee. se find encl~ned a p~rUal ll~t of pro~cte completed by our company; Waai:tngton State Dept. Of Wlld!i(e Pre. Engineered Metal Building ProJ. # LN- R.48.1 Value $28.0G0 Diane ~each (36m ? 3.57oo (" ) U.S. Dept. Of TransportaUon USCG Support Center At seattle Clerestory Repair PmJ. # DTCG88. O3.B.623189 Value ~ Boscovtch (510) 5,35-7278 U$CG Support Center At Seattle Rehabilitation Of ~uarters A & B Proj. # DTCG88-93-C--623808 Value 830.000 Almer Adams (510) 535-7243 Snohomlsh County Airport Han~ar C-23 Pre.engtneerefi Metal Roof Retro.flt · proj. # 68-98 Value $185,000 WflUam Brockway (~306) 74~-4566 Kelso / Lo.'3gvtew Regional Atrport Construction Of Aircraft T-Hangar ProJ. # 579501 Value 0209,890 (360) 423-65g0 General Set, ices Administration Lyden Border Station Addition PmJ. # G$-IOP-96.LTC.0001 Value 8300.000 Bobb~ Ohm (206) 931-7680 Project: Contact: = REFERENCE CHECK GOLD MOUNTAIN GOLF COURSE GROUNDS MAINTENANCE FACILITY Truss Industries, Inc. 1916 Pike Place, Suite 133 Seattle, WA 98101-1056 Washington State Department of Wildlife Diane Beach and Rich Hensly Are you pleased with their work?. Yes, very pleased. Type of work performed Pre-engineered building general contractor to include site work and interior finish work, i.e. electrical and plumbing. The building size was 6,000 sf. Would you want them to work for you again? Yes. There were no change orders nor requests for time. They were conscientious when pedorming the contract work which was completed on time and within budget. Project: Contact: Snohomish County Airport - Payne Field William Brockway, Architect Are you pleased with their work? Yes. The metal roof retrofit protentially had the makings of becoming very difficult but Truss Industries performed very well under the circumstances due mainly from adverse weather conditions. Type of work performed Aircraft hanger metal roof retrofit. Approximately 13,000 sf. Would you want them to work for you again? Yes. Truss Industries is a small company but very service oriented and gets the work done. Truss has the makings to become a premier firm in the future. Project: Contact: Kelso/Longview Regional Airport Greg Hannon a Are you pleased with their work? Very satisfied. Type of work performed General contractor to construct wood-framed aircraft hanger with minor electrical appurtenances. No plumbing or mechanical was specified in contract. The contract included concrete slab and site drainage. The hanger was approximately 9,000 sf. Would you want them to work for you again? Yes. Project: Contact: GSA. Lyden Border Station Addition Bobble Ohm Are you pleased with their work? Yes, thus far as the project is approximately 60% complete. Type of work performed General contractor performing remodel and expansion to the existing border station office. The work includes three stories of steel frame structure, open beam, brick veneer and skylights, lots of plumbing, mechanical, electrical and extension of fire sprinkler system. Would you want them to work for you again? Time will tell as the project is only 60% complete. The INS is changing and requesting additions all the time. The owner-initiated changes are becoming very frustrating and constantly increasing the project cost. Call me back in two months. /! CITY OF BREMERTON GOLD MOUNTAIN GOLF COURSE EXPANSION SOURCES AND USES OF FUNDS PROCEEDS OF BOND SALE INTEREST EARNINGS (THRU 3196) CONTRIBUTION FROM CURRENT GOLF OPERATIONS TOTAL SOURCES OF FUNDS 5,000,000 330,000 20.000 5.350.000 PRELIMINARY EXPENSES: FEASIBILITY STUDY DEBT ISSUE EXPENSES 10,902 108,754 119,656 DESIGN & RELATED COSTS: JOHN HARBOTTLE - DESIGN CONTRACT PROJECT MANAGEMENT PAC TECH - SURVEYING BID ADVERTISING 348,550 50,000 10,000 115 408,665 CONSTRUCTION COSTS: FORE, INC. - CONSTRUCTION CONTRACT BASE BID ALTERNATES CO #1 C0~2 C0#3 WSST 2,658,481 178,660 29,925 20,374 50,000 233,883 3,171,323 CITY OF BREMERTON GOLD MOUNTAIN GOLF COURSE EXPANSION SOURCES AND USES OF FUNDS PUMP HOUSE SHELTERS & SEPTIC PARKING LOT EXPANSION ~i~¢~BUIEDING CART STORAGE BLDG. RMA ELECTRIC MISC. WSST CONSTRUCTION CONTINGENCY FORE MAINTENANCE CART STORAGE PERMITS UTILITY CONNECTIONS 18,000 22,000 250,000 55,000 67,000 35,000 77,355 1,032,355 20,000 50,000 5,000 75,000 21,018 47,200 OTHER DEVELOPMENT COSTS: MAINTENANCE EQUIPMENT COURSE GROW-IN MAINTENANCE COURSE ACCESSORIES OTHER CONTINGENCY 243,900 170,000 50,000 10,883 474,783 TOTAL USES OF FUNDS 5.350.000 AGENDA BILL BREMERTON CITY COUNCIL !. SUBJECT: Agreement for Consulcant Services - Dyes inlet Implementation Grant FOR A~ENDA OF: ORIG~TING DEPT: ORIGINATOR: DATE SUBMITTED: April 24, !996 PW & U W. Eugene Sampley April 9, 1996 2. CLRARANCES: (Co~uL~nt on,ack 3. if n~ces ~r~ Dir. ctor _ City Treasurer /~ ~- -- C~tv Attorney .. . ~- ~ ~~tiOns 'CO~ttee ~3]~ ~sca] ~ 8ud~et Comm. ~~ ~~T ~ ~~TI~ EXHIBITS: Agreement for Consultant Services APPROVED BY COUNCIL PRESID~T ~ SUBMITTAL: 4. SU~Y STATEMENT A/qD REQUIREMENT FOR COUNCIL AXITION: The City of Bremerton concurred with the Dyes Inlet Watershed Action Plan in 1992. That plan identified actions that the City and other local and state agencies should take to prevent water pollution in Dyes Inlet from non-point pollution sources. Many of the actions the City agreed were important concerned stormwater. Kitsap County has received a Centennial Clean WaEer Grant for $250,000 from Department of Ecology to implement some of the actions. The City has been asked to participate, along with about !0 other local organizations, and would receive 75% funding for a proposed stormwater monitoring project. The City would receive reimbursement in accordance with the attached agreement. 8. RECO~94ENDATION: That City Council approve the Agreement for Consultant Services and authorize the Mayor to sign, subject to City Administrative policies and procedures. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: K. Cahall K. Cahall PL~ J.W.D TABLED COUNCIL DIRECTIVE: 10. NOTICE OF AXiTION APPROVED DISAPPROVED DATE: A/~ENDED 11. A~ENDA BI7 J. NO: 2. CT.RARANCE CO~94ENTS: --- - 5. IMPACT ON NON-PASSAGE: The City would not receive $41,625 from the County's grant if this agenda bill was not approved. 6. I/4PACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESO~S: The City would receive a $41,625 grant which will be applied to the Public Works & Utilities Stormwater Fund for a stormwater monitoring project to be conducted by the Water Resources Division. The City would need to match with $13,875 from the Stormwater Fund. This amount has been included in the 1996 budget. 7. RESEARCH SOURCES: Dyes Inlet/Clear Creek Watershed Action Plan, 1992 Administrative Requirements for Ecology Grants and Loans, 1991 {'%960424 !.ab} AGREEMENT FOR CONSULTANT SERVICES This Agreement is entered into this ~ day of , 1996, by and between KITSAP COUNTY, WASHINGTON, 614 Division Street, Port Orchard, Washington 98366 hereinafter referred to as COUNTY, and the CITY OF BREMERTON, 239 4th Street, Bremerton, WA 983 37, hereinafter referred to as BREMERTON. COUNTY AND BREMERTON MUTUALLY AGREE AS FOLLOWS: General: COUNTY engages BREMERTON to furnish the services hereinafter mentioned upon the covenants and conditions of this Agreement, at the compensation herein stipulated, and BREMERTON accepts said engagement upon said terms. Duties of BREMERTON: BREMERTON shall perform such duties and services as are listed on EXHIBIT A attached hereon, hereby referred to and made a part hereof by reference. Said services shall be performed in accordance with the time frame specified in EXHIBIT A. Services or Materials furnished by COUNTY: COUNTY shall perform such services or furnish such materials to BREMERTON in connection with the performance of this Agreement as set forth on EXHIBIT B attached hereto, hereby referred to and made a part hereof by reference. If there are no entries on said EXHIBIT B, BREMERTON shall provide all services in connection with the Agreement. Payment by COUNTY~ Time and Manner of Payment: COUNTY shall pay BREMERTON for all services to be rendered by it and all materials to be furnished by it under this Agreement except for matching funds or services to be provided by BREMERTON, the amount specifically set forth and in the manner specifically set forth on EXHIBIT C attached hereto, hereby referred to and made a part hereof by reference. BREMERTON agrees to accept said sum as full compensation for all services due under this Agreement. Additional Work: BREMERTON shall be entitled to extra compensation for services or materials not otherwise required under this Agreement, provided the COUNTY shall first have requested such extra services or materials in writing, but in no event shall COUNTY be liable for payment unless the amount of such extra compensation shall first have been agreed in writing by COUNTY. Professional Skill: BREMERTON represents that they will provide individuals skilled in the professional calling necessary to perform the work agreed to be done by them under this Agreement. COUNTY relies upon the skill of the staff of BREMERTON to do and perform the work in the most skillful manner, and the acceptance of their work by COUNTY shall not operate as a release of BREMERTON from said Agreement. Prohibited Interest: No member, officer or employee of COUNTY shall have any interest, direct or indirect, in this Agreement or in the proceeds thereof. /do 10. 11. 12. 13. 14. 15. 16. 17. 18. Equal Employment Opportunity: BREMERTON shall not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. Compliance with Laws: BREMERTON shall endeavor to comply with all federal, state and city laws, statutes, ordinance, rules and regulations and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of the Agreement. Independent Contractor: BREMERTON is acting as an independent contractor in furnishing the services or materials and performing the work required by the Agreement and is not an agent, servant, or employee of COUNTY. Indemnity: BREMERTON agrees to indemnify and save harmless COUNTY, their officers and employees from any and all costs, expenses, claims, liabilities or damages, known or unknown, to persons or property heretofore or hereafter arising out of or in any way connected with the negligent acts, errors, or omissions of BREMERTON, its officers, employees, agents, contractors, subcontractors or any officer, agent or employee thereof for work performed under this Agreement. Insurance: Workers Compensation: BREMERTON agrees to comply with all State requirements relating to Workers Compensation Insurance. County Representative: The Department of Public Works, through Richard McNicholas, shall represent COUNTY in all matters pertaining to the services to be rendered under this Agreement; all requirements of COUNTY pertaining to the services and materials to be rendered under this Agreement shall be coordinated through said COUNTY representative. Consultant Representative: Kathleen Cahall shall represent BREMERTON in all matters pertaining to the services and materials to be rendered under this Agreement; all requirements of BREMERTON pertaining to the services or materials to be rendered under this Agreement shall be coordinated through the BREMERTON representative. Notices: Unless otherwise provided herein, all notices required hereunder shall be given by certified mail, postage prepaid and addressed to the party at the address indicated in the opening paragraph of this Agreement provided, however, that in lieu thereof, notice may be given by personal delivery to the party at said address. Report. Unless otherwise provided herein, BREMERTON shall submit written progress reports to the COUNTY with each billing statement. Assignment: Neither party shall assign or sublet any portion of this Agreement without the written consent of the other party. Termination: Without limitation to such rights or remedies as COUNTY shall otherwise have by law, COUNTY shall also have the right to terminate this Agreement for any reason upon 30 day advance written notice to BREMERTON. In the event of such termination, BREMERTON shall be compensated for the actual services performed or materials furnished through the date of receipt of notification from COUNTY to terminate. 19. Schedule and Completion of Services: BREMERTON shall commence work authorized by this Agreement no earlier than March 1, 1996. All work authorized by this Agreement shall be satisfactorily completed by: June 30, 1997. 20. Best Professional Effort: BREMERTON acknowledges that the performances and services provided herein are important elements of this Agreement; accordingly BREMERTON shall put forth its best professional effort to complete the work in accordance with the schedule provided. 21. Entire Agreement: Amendment: This writing constitutes the entire Agreement between the parties relating to the services to be performed or materials to be furnished hereunder. No modification hereof shall be effective unless and until such modification is evidenced by writing signed by all parties to this Agreement. 22. Miscellaneous: All covenants herein shall be conditions. Time shall be of the essence. Failure on the part of either party to enforce any provisions of this Agreement shall not be construed as a waiver or the right to compel enforcement of such provision of any other provision. The singular number of shall include the plural, and the masculine gender shall include the feminine gender and neuter gender whenever the context of this Agreement permits. 23. BREMERTON agrees to comply with all provisions of the Americans With Disabilities Act and all regulations interpreting or enforcing such act. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. DATED THIS day of 1996. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON Chairman Commissioner Commissioner ATTEST Holly Anderson Clerk of the Board RECOMMENDED: W. Eugene Sampley, P.E. Director of Public Works & Utilities REVIEWED AS TO FORM,: Ian R. Sievers City Attorney Attachments: City of Bremerton BY: Lynn Horton Mayor RECEIVED FOR FILING: Kathleen L. McCluskey City C1 erk EXHIBIT 'A' Scope of Services to be provided by BREMERTON EXHIBIT 'B' COUNTY Services EXHIBIT 'C' Compensation Amount and Manner BREMERTON certifies that they comply with all State requirements relating to Worker's Compensation Insurance as required in the Contract Agreement. BY: Lynn Horton Mayor EXItlBIT 'A' SCOPE OF SERVICES BREMERTON shall provide the following services to the Kitsap County Department of Public Works: All work performed under this agreement will focus on that portion of the Dyes Inlet Watershed area within the City limits of Bremerton. Task A. Inspect, evaluate and map stormwater facilities. B. Monitor stormwater quality during storm events. C. Inspect the stormwater system for illicit connections of sewerage to identify specific pollution sources for development of a priority action plan. D. Develop and distribute educational materials and provide technical assistance to businesses and homeowners for stormwater BMP promotion. Products: Stormwater facilities map and inventory WQ monitor report Stormwater system inspection report and action plan Public education plan and materials Special Terms and Conditions: All project team subcontractors will be required to ensure that expenses and financial records comply with the financial guidelines set forth in Administrative Requirements for Ecology Grants and Loans, March 1991. Financial records of the subcontractors pertaining to this project may be audited by Ecology as part of the audit of the overall project. All project team subcontractors will acknowledge the financial support of the Centennial Clean Water Fund and the Kitsap County Surface and Storm Water Management Program. Quarterly written progress reports are required of all project team members. One copy will be submitted to the project coordinator, who will disseminate copies to the team. (The reports should be limited to no more than one page) Project team subcontractors will be asked to attend quarterly team progress meetings. EXHIBIT 'B' COUNTY SERVICES There are no specific services to be provided by the COUNTY. EXHIBIT 'C' COMPENSATION AMOUNT AND MANNER Upon submittal of products and progress reports by task, setting out time and expenses meeting the requirements set forth by the State of Washington, BREMERTON shall be reimbursed for services and materials: quarterly, for a total cash amount of $ 41,625. BREMERTON will be required to match the cash amount with $13,875 which may be in the form of in-kind services. The match must meet the state Department of Ecology's requirements for matching funds. - AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Kitsap Regional Council Interlocal Agreement FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: April 24, Executive Mayor H0rton April 18, 1996 2. ~: (comme~n~on back City Attorne~C~-- ~-- Interlocal Agreement Bylaws YOR COUNCIL PRESIDENTC - 4. SUMMARY STATEMENT AND R~OUIREMENT FOR COUNCIL ACTION: On April 10, 1996 the Kitsap Regional Planning Council voted to amend its Bylaws and Interlocal Agreement to broaden its scope beyond planning issues. Additionally, the Board voted to sunset the Kitsap Regional Planning Council and adopt the name Kitsap Regional Council. The membership will remain the same. The primary mission of Kitsap Regional Council will be to provide a "forum for intergovernmental coordination, cooperation and consultation among member agencies in order to bring about a continuous and comprehensive regional planning process and efficient service delivery." Over the next three months the Council will evaluate its staffing and budgetary needs. 8. RECOMMENDATION: Motion to ratify the Interlocal Agreement for the Kitsap Regional Council and authorize the Mayor to sign said agreement. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE Q~ ~CTION APPROVED DISAPPROVED DATE: AMENDED 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: -- -- 5. IMPACT ON NON-PASSAGE: 6. ~MPACT ON STAFFING, BUDGETS, FACIL~TIESo EOUIPMENT OR OTHER RESOURCES: 7. ~ESEARCH SOURCES: ~1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 INTERLOCAL AGREEMENT KITSAP REGIONAL COUNCIL THIS AGREEMENT is made and entered into by and between the undersigned members of the Kitsap Regional Council, pursuant to provisions of the Interlocal Cooperation Act of 1967, Chapter 39.34 R.C.W. Definitions For the purpose of this interlocal agreement and all other agreements, contracts and documents executed, adopted or approved pursuant to this agreement, the following terms have the meaning prescribed to them in this section unless the context of their use dictates otherwise: (1) "Member agency" means any public body which is a party or becomes a party to this interlocal agreement and is a County, City or federally recognized Tribal government within the region; (2) "State" means the State of Washington; (3) "Region" means the territory physically lying within the boundaries of Kitsap County; (4) "Council" means the body of local and tribal elected officials designated in accord with the By-laws of the Kitsap Regional Council to represent member agencies to carry out all delegated powers and managerial and administrative responsibilities of the Kitsap Regional Council; (5) "Majority vote" means more than one-half of the votes cast when a quorum is present and must include a majority of votes from County representatives and a majority of votes from the representatives of at least two separate cities. DRAFT 4/10/96 .1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Recital WHEREAS, the undersigned members recognize the need and desirability to participate in a forum for intergovernmental coordination, cooperation and consultation among member agencies in order to bring about a continuous and comprehensive regional planning process and efficient service delivery; and WHEREAS, the undersigned members desire jointly to undertake continuous cooperative regional development, land use, housing, capital facility, service and transportation planning; and WHEREAS, it is the belief of the undersigned members that regional deliberations, planning and review should be accomplished whenever possible by all jurisdictions affected and should receive policy direction from all local general purpose and tribal governments; THEREFORE, in consideration of mutual promises and covenants herein it is hereby agreed: 1. ORGANIZATION - COMPOSITION AND NATURE: The undersigned member agencies constitute the Council: Kitsap County, City of Bainbridge Island, City of Bremerton, City of Port Orchard, City of Poulsbo, the Port Gamble S'Klallam Tribe and the Suquamish Tribe. Management of the Council is structured as provided herein and by the Council Bylaws. 2. AUTHORITY AND PURPOSES: The Council has the following authorities and purposes: A. To provide a forum for deliberations and cooperative decision making by the region's elected officials in order to bring about a continuous and comprehensive planning process. B. To foster cooperation and mediate differences among governments throughout the region. C. To coordinate actions to provide for a sustainable economy and environment for the region. D. To carry out such other planning and coordinating activities authorized by majority vote of the Council including participation in other forums and organizations. E. To provide for administrative services necessary and incidental to the aforementioned Council activities. DRAFT 4/10/96 2 &5 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3. FINANCING: The Council receives funds from each member agency as provided by the Bylaws and from other available funding sources. The Council may apply for funding of any nature as may become available to assist the Council in carrying out its purposes and functions. 4. FISCAL YEAR AND BUDGET: The fiscal year coincides with the calendar year. The Council adopts an annual work program and budget in advance of each fiscal year that identifies anticipated activities, goals, revenues and expenditures for completing the work program. A draft work program and budget is prepared by the Policy and Budget Committee established by the Bylaws of the Council and is submitted for consideration and approval by the full Council. After the Council has approved the final budget it is forwarded to the County for inclusion as a distinct agency fund within the Kitsap County Budget. No increase or decrease to the final budget shall occur without approval of the Council. 5. WITHDRAWAL FROM AGREEMENT: Any member agency has the right to withdraw from this Interlocal Agreement by giving the Council six (6) months prior written notice. Unless otherwise provided by future agreement, any member agency that withdraws shall remain responsible tbr its financial and other obligations with regard to Council activities until the effective date of withdrawal and with regard to agreements to which the Council is a party and which exist at the time of such notice of withdrawal. 6. DISPOSAL OF ASSETS: Upon termination of this agreement any Council assets, after payment of all liabilities, costs, expenses and charges validly incurred under this agreement, shall be distributed to all contributing member agencies in proportion to their contribution determined at the time of termination. The debts, liabilities and obligations of the Council shall not constitute a debt, liability or obligation of any member agency. DRAFT 4/10/96 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 IN WITNESS WHEREOF, this Agreement shall have full force and effect from and after this day of , 1996. Kitsap County City of Bremerton City of Port Orchard City of Poulsbo City of Bainbridge Island Port Gamble S'Klallam Tribe Suquamish Tribe DRAFT 4/10/96 4 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 KITSAP REGIONAL COUNCIL BYLAWS Section 1. PURPOSE: An intra County organization, comprised of City, County, and Tribal governments is necessary to: do Maintain a regular intergovernmental communication network for all local and tribal governments within the County. Facilitate compliance with the coordination and consistency requirements of the Growth Management Act of 1990; Provide an effective vehicle to resolve conflict among and/or between jurisdictions with respect to urban growth boundaries, comprehensive plan consistency, and other issues of mutual interest to the member agencies; Build consensus on planning solutions for Countywide growth management issues. Section 2. NAME OF ORGANIZATION: The organization is the Kitsap Regional Council herein referred to as the "Council." Section 3. ESTABLISHMENT: The Council is established by an interlocal agreement among the Cities, County and federally recognized Tribal governments within the region. Section 4. MISSION: The Kitsap Regional Council is a deliberative body comprised of Kitsap County and the cities and tribes in Kitsap County, effecting comprehensive planning and efficient service delivery for a healthy environment and economy through cooperation, coordination and consultation. Section 5. FUNCTIONS AND AUTHORITY: 1. The Council may apply for such federal, state or private funding of any nature as may become available to assist the organization in carrying out its purposes and functions. The Council may make applications and enter into contracts for funding on behalf of member agencies. 2. The Council promotes coordination in the development of local comprehensive plans and the Countywide Planning Policy. It provides a forum, as necessary, for achieving coordination in the development of local plans and resolving planning and plan implementation issues common to local jurisdiction. 3. The Council facilitates consistency among local plans and between local plans and the Countywide Planning Policy and with the Growth Management Act to the extent necessary to achieve Countywide goals and policies. Issues related to consistency may be brought to the attention of the Council by one or more member agencies of the Council. DRAFT 4/10/96 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 4. In cases where the Council finds apparent inconsistency between a local comprehensive plan and the Countywide Planning Policy, it will notify the affected local jurisdiction and initiate a process of conflict resolution. If, after completion of this process, inconsistencies remain, the Council will, where appropriate, recommend specific changes to achieve consistency. 5. In addition, conflict among member agencies regarding the establishment of urban growth areas which is not resolved after reasonable efforts by the member agencies to reach agreement shall be brought to the attention of the Council in writing by one or more of the member agencies involved, justifying its position for designating the urban growth area and its boundaries. Member agencies involved may object formally before the Council. The Council will review and resolve the issue, establishing the urban growth area and its boundaries. 6. The Council coordinates discussions of issues of governmental service and facility provision by member agencies and other units of local government as described in the Local Government Service Agreements Act. The Council encourages government agencies to cooperatively: a. examine methods to define service delivery responsibilities; b. identify potentially inefficient duplications of service; determine how revenue and costs associated with service delivery may be shared to reduce disproportionate burdens of expense; and d. suggest how improvements to service delivery can best be implemented. 7. The Council identifies and examines issues relating to governance, growth policies, development standards, service provision, revenue-cost sharing and municipal annexations in urban growth areas. 8. The Council represents the consensus of views on growth management and planning issues among member agencies. The Council makes recommendations on behalf of those jurisdictions to multi-county regional agencies and State government on proposed changes to multi-county regional plans, State plans and laws. 9. The Council represents the views or positions of jurisdictions within the County on issues of consistency or the resolution of conflicts related to the multi-county regional growth strategy and transportation plan. DRAFT 4/10/96 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 10. The Council makes appointments to committees and boards of multi-county regional organizations (e.g. Puget Sound Regional Council, Peninsula Regional Transportation Planning Organization) where appointments are requested to represent more than one member agency of the Council. Members appointed to such committees and boards shall represent the consensus of views of the Council. Section 6. PUBLIC PARTICIPATION: The Council provides for effective means of public participation in its deliberations. Section 7. MEMBERSHIP AND REPRESENTATION: 1. Membership in the Council shall be available to all city governments, the County government and federally recognized tribal governments within the region. 2. The Council is comprised of the following representatives of member agencies: County Government: three (3) members of the Kitsap County Board of Commissioners; b. City Governments: 111. the Mayor of each city having a population of 10,000 persons or less; the Mayor and one (1) member of the City Council of each city having a population between 10,001 persons and 30,000 persons; the Mayor and two (2) members of the City Council of each city having a population greater than 30,000 persons; c. Tribal Governments: one (1) elected member of the Tribal Council. The determination of the population of cities will be the annual population estimate of cities and towns prepared by the Washington State Office of Financial Management. City council and tribal council representatives may be selected by whatever means established by the specific member agency, provided that such appointments be made for a two (2) year term to preserve continuity in representation. 3. Alternate representatives to the Council may be designated who are elected officials and are of the same number as the authorized Council membership for each member agency, provided, however, that the Port Gamble S'Klallam Tribe and the Suquamish Tribe may designate, by Tribal Council resolution, alternates who are not elected officials of the respective Tribal Councils but who are affiliated with that Tribal government by virtue of enrollment or employment. In the absence of any primary representative, the designated alternate shall be entitled to the same voting privileges as the primary representative. DRAFT 4/10/96 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Section 8. OFFICERS, ELECTION, TERMS AND DUTIES 1. The officers of the Kitsap Regional Council are a Chair and a Vice Chair, who are elected by the Council at the last regularly scheduled meeting during each calendar year. The Chair and Vice Chair shall be from different member agencies. 2. The Chair and Vice Chair serve a one year term from the first day of January through the last day of December of each year. 3. In the event there is a vacancy in the office of the Chair, the Vice Chair succeeds to the office of Chair for the unexpired portion of the term. In the event there is a vacancy in the office of Vice Chair, the Council elects a new Vice Chair at the next regular meeting to serve the unexpired portion of the term. In the event both offices become vacant, the Council elects a new Chair and Vice Chair to serve the unexpired portion of the terms. 4. The Chair: a. presides at the meetings of the Council; b. has the authority to create, appoint and discharge Council committees unless otherwise provided in these' By-laws; c. serves as Chair of the Policy and Budget Committee; d. participates in deliberations of the Council; e. votes in all matters before the Council; f. ensures that the functions of the Council are carried out to the best of his or her abilities; g. makes reports as necessary to the Council; and h. has the responsibility to direct Council staff. 5. The Vice Chair performs the duties of the Chair in the absence of the Chair and is a member of the Policy and Budget Committee. Section 9. MEETINGS, QUORUM, VOTING I. The Council meets monthly or as necessary to fulfill its purpose and function, to discuss issues of mutual interest and to take action on items as necessary or appropriate. DRAFT 4/10/96 4 1 ,2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 2. Meetings of the Council shall conform to the Open Public Meetings Act, Chapter 42.30 RCW. 3. On items that are deliberative in nature, the Council strives for consensus. If consensus cannot be reached, then the procedures in the current edition of Robert's Rules of Order-The Modern Edition governs Council meetings in cases to which they are applicable and in which they are not inconsistent with these By-laws or any special rules of order the Council may adopt. 4. A quorum of the Council is a simple majority of representatives of member agencies. Each representative present at Council meetings shall be entitled to cast one vote. 5. Unless otherwise specified, actions by the Council are affirmed by a simple majority vote. A majority vote is more than one-half (1/2) of those present and voting. When a two- thirds (2/3) majority is required, it is a two-thirds (2/3) majority of those present and voting. A majority vote includes a majority of votes from County representatives and a majority of votes from the representatives of at least two separate cities. 6. The Council may organize, sponsor and convene general assembly meetings of member agencies including Mayors, City Councils, Tribal Councils and County Commissioners. Section 10. COMMITTEES 1. At the first Council meeting of each calendar year the Chair appoints a Policy and Budget Committee whose responsibilities include: ao monitoring work program and budget performance and recommending revisions, if necessary; b. recommending amendments to the Interlocal Agreement and By-laws; Co preparing a recommended annual work program and budget for the succeeding year; and d. undertaking such studies and activities as assigned by the Chair or Council. Members of the Policy and Budget Committee include, at a minimum, one County Commissioner, two representatives of city governments and one representative of tribal governments, and includes the Chair and the Vice Chair. 2. The Chair may appoint or the Council may require the Chair to appoint other committees to advise or assist the Council in fulfilling its functions. Committee composition should include, as appropriate, representatives of County, city and tribal governments. DRAFT 4/10/96 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Section 11. BUDGET AND PERSONNEL: 1. The Council adopts an annual work program and budget prior to the beginning of the calendar year that identifies anticipated activities, goals, revenues and expenditures for completing the work program. A draft budget is prepared by the Policy and Budget Committee and is submitted for consideration and approval by the full Council. After the Council has approved the final budget it is forwarded to the County for inclusion as a distinct agency fund within the Kitsap County Budget. No increase or decrease to the final budget shall occur without approval of the Council. 2. The Council appoints a Director who serves at the pleasure of the Council and has the following responsibilities: a. provide staff assistance to the Council in fulfilling its annual work program; b. maintain records of Council actions; c. assist the Policy and Budget Committee in the preparation of an annual work program and budget and amendments as necessary; d. receive monies payable to the Council and the disbursement thereof in con/brmance with the adopted budget; e. manage Council personnel matters including hiring, firing and disciplinary actions; f. execute contracts in the name of the Council when authorized by the Council; and g. attend meetings of the Council. 3. The Council may apply for funding of any nature as may become available to assist the Council in carrying out its purposes and functions. Members agencies of the Council will pay dues as necessary to support the functions of the Council. Dues will be paid annually according to a schedule prescribed by the Council and adopted as a part of the fiscal year budget. Section 12. AMENDMENTS: These By-laws may be amended at a meeting of the Council by a two-thirds (2/3) majority vote, in conformance with Section 10.5. herein, of those present and voting, provided that a copy of the proposed amendment has been sent to each Council representative at least ten (10) business days prior to the meeting at which the vote to amend is scheduled. DRAFT 4/10/96 6 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Admiral Theater Section 108 Loan Security FOR AGENDA OF: April 24, 1996 ORIGINATING DEPT: Dept. of Comm. Dev. ORIGINATOR: Marylyn Waibel~,~ DATE SUBMITTED: April 18, 1996 2. CLEARANCES: (Comment on back if necessary) Director of v : City Attorney: 3. EXHIBITS: Attached Letter from Congressman Dicks ENDORSEMENT INFO TI N __ APPROVED BY COUNCIL PRESID~FOR SUBMITTAL: 4.SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Admiral Theater has applied for and has been approved for a Section 108 Loan. The original loan was applied for last year under the umbrella of the Kitsap County CDBG Program. Per the attached letter from Congressman Dicks, one step in the loan finalization process is to provide security for the loan. HUD regulations are outlined in a letter to Kitsap County dated December 12, 1995. "The third condition specifies that the County furnish such additional security for the repayment of the guaranteed loan as HUD deems appropriate, i.e., security in addition to the pledge of CDBG funds." Per Congressman Dicks letter, the additional security required is the theater building itself. Approval is requested to offer the building as additional security with regard to the Section 108 loan guarantee. 8. RECOMMENDATION: Recommend approval of using the Admiral Theater building as additional collateral with regard to the Section 108 loan guarantee. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED __ DISAPPROVED DATE: AMENDED 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: Admiral Theater may not receive the Section 108 Loan. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIP~N~T OR OTHRR RESOURCES: 7. RESEARCH SOURCES: NORM ~!CKS SELECT COMMITTEE ON INTELLIGENCE ~p~O~IATIONS IN~'~klOR 246~ RAYUU~N HOUSE OFFIC~ BUll. DING WASHiNgTON. DC 20515-4706 PHONC; i2021 22~9~6 o.greg 0[ tt e lnitet ,tnte ot em e.tatiue Sunr~ 2244 1'117 PACIFtC AVE. TACOM.~. WA ge402--.3234 $U~E 301 BReME~TO% WA 98337 PHONE: ~36Q) 479-~11 April 17, 1996 Mayor Lynn Horton The City of Bremerton 239 4th Street Bremerton, WA. 98337 Dear Mayor I-Iorton, Thank you for the opportunity to explain the situation surrounding the Section 108 Housing ~md Urban Development loan for the Admiral Theatre. It has come to my attention that there is concern regarding the security requirement of the Section 108 loan. One step in the loan finalization process is to provide security for the above said loan. HUD's regulations Ne outlined in the letter to Kitsap County dated December 12, 1995. "The third condition specifies that the County furnish such additionsl security for the repayment of the guaranteed loan as HUD deems appropriate, i.e., security in addition to the pledge of Community Development Block Grant (CDBG) funds. This security will be specified in the Contract for Loan Guarantee Assistance, which will be executed at the time the guaranteed obligations are issued." In my conversations with HILJD it has been expressed to me that appropriate security for tho .~ti0n 1011 laan iQ th~. th~atra buildinu. [ have diicu[~ed other o0nihilitie_~ with ttl.lB hut this is a ruling that la nonnegotiable on this Section 108 loan. Thank you for your time and patience in working through the final stages of this loan. The timely completion of this project is anxiously anticipated. Again, I am very excited about the restoration of the Admiral Theatre and I am grateful for the City's dedication to the improvement of our community. Sincerely, Norm Dicks Member of Congress AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Resolution Authorizing IAC Application: Ever~reenParkR~d~velopment Phase I FOR AGENDA OF: April 24, 1996 ORIGINATING DEPT: Parks & Recreation ORIGINATOR.: Jim Spencer, Interim Dir DATE SUBMITTED: April 17. 1996 2. CLEARANCES: (Co~m~=~t on back 3. Parks- if n~ City Treas~rer~ Resolut ion Site Plan THIS ISSUE WAS PRESENTED AT THE 15 APRIL 1996 STUDY SESSION. RECOMMENDATION: application to IAC (Interagency Com, uittee for Outdoor Recreation) for funding a~ .~_~nc~_ for t_h~ d~-velxlpiRen3J~ of_ E~exL~Ile~_~L~rk. ENFORCEMENT OFFICIAL: Jim Spencer ~X~tR~I(M~DA~E: ~Iq~L.DATE: N/A ¸57 2. CLEARANCE ~S: o IMPACT OF NON- PASSAGE ~rant apgti~atio~ pro~ess ~Q~-STAFFtNG~. BUDGE~. FACILITI-ES~. ~Q~Gg~RRESOG~C~R If successful in obtaining this grant, the coLm~itment of $100,000.00 krom Real Estate Excise T~ Fund 109 in 199V for matchin~ funds. Total match ~1~ ~c~ g30~,~.00. 7. RESEARCH SOURCES: RESOLUTION NO. BREMERTON CITY COUNCIL A RESOLUTION Regarding Approval of Proposed Grant Request IAC-Evergreen Park Renovation - Phase I Grant WHEREAS, the City of Bremerton is eligible to apply for external, State funds through the Interagency Committee for Outdoor Recreation (IAC) program, as provided by the Washington Wildlife Recreation Program, and; WHEREAS, the City of Bremerton has approved a "Comprehensive Parks & Recreation Plan" for the urban area which identifies a Community/regional park of Evergreen Park in the central part of the city and on the west side on the Washington Narrows shoreline and is its number one Capital Improvement Program Project, and considers it in the best public interest to develop this regional, community park, and; WHEREAS, the IAC program requires the state funds to be matched with local funds at 50%; BE IT RESOLVED, by the City Council of the City of Bremerton: 1. That the mayor is authorized to make formal application to the IAC for funding assistance submittal of an Evergreen Park Development - Phase I project grant request; That any fund assistance so received be used for the development of this approximately six acre project which includes picnic shelters, trails, playground equipment, horseshoe pit upgrades, removal of deteriorated structures and asphalt, parking, park furniture and fixtures, hard surface basketball courts, sand volleyball court, landscaping and plantings; That the City's not to exceed $300,000.00 share of the project will be derived from Roosevelt Capital Assets Fund 622 ($100,000.00), and Real Estate Excise Tax Fund 109 (not to exceed $200,000.00); 4. The budget adjustment will be presented to the City Council when the grant contract is presented for acceptance; That any facility developed with financial aid through the IAC be placed in use as an outdoor recreation facility or habitat conservation area and be retained in such use in perpetuity unless otherwise provided and agreed to be the City Council, the IAC, and any affected federal agency; 6. That this resolution becomes part of the application to the IAC; 7. That adequate notification has been given and the opportunity provided for public input and that published notices have identified affected flood plains and/or 8. That the site plan has been adopted by the local governing body; That the City of Bremerton does certify that the City is owner of the land to be developed and based on current 'knowledge, provides assurance there are no encumbrances on the land which would restrict the recreation or habitat conser- vation use of the land as proposed in this application. PASSED by the Bremerton City Council on April __, 1996. John Law Council Presidem Signed and approved by the Mayor and City Clerk of the City of Bremerton, this April ,1996. Lynn Horton Mayor Kathleen McCluskey City Clerk /jo \% I I