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HomeMy WebLinkAbout04/21/2010 AGENDA ,� -- - ; ��, � � ; y I i 1 �._,� ('�( y � � t� � U q 5 � 7 '�3�� �L°�s`'�F1:�+�f Q jV �I CITY COUNCIL 345 6� Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473-5280 ***AMENDED** APRIL 21, 2010 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 — 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. Generai Council Business 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. ° LEGISLATIVE BRIEFING — Senator Derek Kilmer, 26"' District 5. PUBLIC RECOGNITION 6. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting — April 7, 2010 C. Minutes of Study Session — April 14, 2010 D. Reappointment of John Lyall to the Bremerton Housing Authority Board of Commissioners E. 2010 Renewal of Shelter Plus Care Grant Agreement with Agape Unlimited F. Creation of "CDBG Programs Specialist° position at Pay Band 7 on the City's Professional, Confidential, and Fiduciary Pay-Plan to replace at a lower rate the vacant °CDBG Programs Coordinator� position that is at Pay Band 10 G. Approval of Interlocal Agreement with Kitsap County for City of Bremerton LEOFF 1 Member Medical Payments H. Grant Easement to Puget Sound Energy (PSE) at Sewage Pump Station SB3 Site I. Basic Life Support Services Agreement with Handlers Racing Association J. Authorization to execute and accept quit claim deeds to implement the Boundary Line Adjustment in conjunction with the development of 1S & Pacific Avenue 7. GENERAL BUSINESS A. Ordinance No. 5108 imposing Local Sales and Use Tax for Utilizing Local Revitalizing Financing for Park Avenue Plaza Project B. Ordinance No. 5109 authorizing the Issuance and Sale of Limited Tax General Obligation (LTGO) Bonds for the Park Avenue Plaza Project; Lions Park Renovation; and Purchase and Renovation of a building to be used as a Municipal Courthouse; and establishing the Terms of Sale of the Bonds C. Ordinance No. 5110 relating to the Department of Economic Development 8. COUNCIL MEMBER REPORTS 9. EXECUTIVE SESSION(S) —10-Minutes to discuss "Labor Negotiations" per RCW 42.30.140 (4)(b); and 20-Minutes to discuss "Pending Litigation" per RCW 42.30.110(1)(i) No action is anticipated... 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING , � ' � Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special acaommodations should contact the City Cle�tc's Office at (360) 473-5323 by noon on the Monday pneceding fhe Council meeting. BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISIT YOUR COMMENTS TO BE INCLUDED IN THE RECORD ��' � �� = � �� ��� o�.�� �, 1.�./'So y� K��s� f r'ee S�Io� I��e �sso c« i��� REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU PROCLAMATION WHEREAS, in the history of America, from Narive Ainerican puppet representations, traveling troupes from the Revolutionary War, onwards, through the vaudeville and arts theater entertainments, into the early days of television with stars lilze Howdy Doody and Cecil and movies like Lili, The Sound of Music and the Muppet Movie series, into the present with Sesame Street, The Muppet Show, The Shari Lewis Show and many other local and regional programs, puppets have played an important role in American theater, and have helped to shape posirively, the minds of our young people. In addition, puppets are used in the classroom, in physical and mental therapy and as a source of pleasure for all ages; and WfiEREAS, puppets and puppetry further international understand and educarion through the exchange of gifts, exhibitions and performances; and WHEREAS, the Aurora Valentinetti Puppet Museum / Evergreen Children's Theatre, dedicated to the preservation and exhibition of the internarional art of puppetry are the honored recipients of a gift of puppets from representatives of Bremerton's Sister City, Kure, Japan; and WHEREAS, the Puppeteers of America, Inc. a national nonprofit corporation founded in 1937 to encourage and promote puppetry as a means of communication, an e�ension of human e�ression, and as a performing art and to enhance the proficiency of the Art of Puppetry, both professional and amateur, has declared Saturday, Apri124` 2010, as THE 12� ANNLJAL NATIONAL DAY OF PUPPETRY; and WHEREAS, puppet shows, festivals, e�ibits, workshops and other puppet activities will take place throughout the narion on this day; NOW, THEREFORE, I, Patty Lent Mayor of the City of Bremerton do hereby declare the 24` of April, 2010 National Day of Puppetry in Bremerton. SIGNED, this 21 day of Apri12010. � Patty Lent, Mayor ' National Day of Puppetry DATE SUBMITTED: 4/21 /2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Committee Meeting Date: COiJNCIL MEETING Date: Apri121, 2010 Claims & Check Register Department: Financial Services Presenter: Cathy Johnson Phone: 473-5296 SUMMARY: Consent Agenda item. Approval of checks and electronic fund transfers. ATTACHMENTS: Check Register. FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA � GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: � 1) Check #'s 337165 through 337388 and EFT's 9750 through 9784 in the amount of $1,982,452.78. 2) Regular Payroll for the pay period ending April 15, 2010 in the amount of $875,175.06. COiJNCIL ACTION: � Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action I >,� I (�: til -l3\�11 I��I�I:I): � � :�GEND,1 [311,1. CITY OF f3RE��IERTON CITY COUNCIL .....................,................................................,................� ti�?BJF.CT: City Cc�uncil Meetin� Mintrtes C11117111111�C ���Ct'lill� Date: N !;�� for meetin� of ('c)UNC'(L M1�1:7�WG I)ate: - �Lr' L � �1 p20 1 D �'�� ��� a d I O Dt4)Al'[ill�lll: C 'ity C ouncii Prescnter: Nick Wofford, Coiu�cil President Phonc: (3G0) 473-5280 SUn�IMARY: Attached is the summary of the City Co�u�cil ,Meetin� held � P�� � 7� � � o ATTACHMENTS: Meeting Minutes for F}pri � 7, �-o ( D F[SCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR: Council President C[TY ATTORNEY: N/A FINANCE DIRECTOR: N/A MAYOR: N/A COMMITTEE CHAIR N/A ('OUNCIL PRESIDENT: CONSENT AGENDA � GENERAL BUSINESS ❑ PUBLIC HEARING ❑ 12ECONIMENDED MOTION: 1-1ove to ap�rove mcetin� minutes as presented. ('O(i�IC'IL �('TIUN: ❑ npprovc ❑ Deny ❑ "fablc ❑ ('unt�nuc ❑ No ,�lction DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, April 7, 2010 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, April 7, 2010, 8t 5:00 PM I� COU11C11 CO�f@f@�C@ ROOI'1'1 603 Of the NORM DICKS GOVERNMENT CENTER, 345 6"' Street, Bremerton, Washington, with Council President Nick Wofford presiding. Council Members present were Will Maupin, Carol Arends, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell and Jim McDonald. Council Member Dianne Robinson was absent. Also present were Assistant City Attomey Ken Bagwell; City Cle�lc Carol Etgen; and Council Assistant Christine Grenier. A CouNCi� BRiEFiN� was then held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Jim McDonald followed by the invocation provided by Pastor Brian Banke of Memorial Lutheran Church. MAYOR'S REPORT — Mayor Patty Lent introduced... • Marie Vila, CDBG Program Administrator, announced that the City of Bremerton Community Development Block Grant Program will be co-hosting an Open House with Kitsap County on Tuesday, April 13 from 4:00 to 7:00 PM in the Meeting Chambers to provide feedback on the five- year consolidated block grant funding plan. • Caroline Stein, Washington State Science and Engineering Fair, was pleased that Marley Iredale received top honors in both the Washington State Science and Engineering Fair and Intemational Science and Engineering Fair; and congratulated the following students from Bremerton schools who participated in the fair — Nolan Mvers Chase Blackwell; Beniamin Brownstein; Zoei Jones; Teddv Martv; Jacob Schraw; Soohia Smith Kvle Tans� Forest Tittle; and Alec Williams. • Michael Strube, new Director for the Bremerton Area Chamber of Commerce, introduced himself to the Council as a long time Kitsap resident, provided his long list of qualifications, and encouraged Council to connect with businesses during After-Hours events or Monthly Luncheons. Mavor Lent continued her report... • Thanked Council on behalf of Kitsap Mental Health Services for their support of Keller House; • Proclaimed Thursday, April 22 as "Take our Daughters and Sons to Work" Day, • Announced that the deadline to retum census forms is fast approaching and hoped people who have not sent the forms in, would do so. She then introduced Eric Daven�ort of the U.S. Census Bureau to provide an update on the 2010 Census; • Reported on numerous employee awards to the Police Department for many years of service and merit awards; • Invited the public to attend the next Kitsap Pumas games on April 10 at 1:00 PM at Bainbridge High School and May 15 at 7:00 PM in the Bremerton High School stadium; • Was pleased that Bremerton's Blueberry Park and Bremerton High School's Dare Not To Swear Campaign were recognized recently in publications; and • Volunteered at a pancake breakfast fundraiser on March 20 to raise money for South Kitsap Fire Fighter Jamel Linszey who has terminal cancer. PUBLIC RECOGNITION 8 ANNOUNCEMENTS Katrina Folkerson, Kitsap YMCA, invited people to attend various classes and programs to be held this month, as well as "Healthy Kids Day" which will be on Saturday, April 17 beginning at Noon. Paula Stentz, of Soulworkz, announced a Spring Gala Silent Auction will be held on May 22 beginning at 7:00 PM in the Meeting Chambers and for more information, please contact (360) 516- 8693. City Council Reg. Mtg. Minutes Wednesday, April 7, 2010 Page 2 of 5 Laura Movnihan and Pattv Swick announced that a citizens' initiative supporting urban chickens has been started; believed that this process will show that their constituents really care about this issue and have thought out the finer points; and hoped that Council will ultimately pass this initiative without going to the ballot. CONSENT AGENDA A. Check Numbers 336862 through 337164; and EFT-9686 through EFT-9749 in the amount of $2,358,397.55; and Regular Payroll in the amount of $39,587.04 for the pay period ending March 15, 2010; Regular Payroll in the amount of $819,851.18 for the pay period ending March 31, 2010; and Retiree Payroll in the amount of $83,299.16 for the pay pe�iod ending Ma�ch 31, 2010. B. Minutes of Meeting — March 17, 2010 C. Minutes of Study Session — March 24, 2010 D. Minutes of Monthly Study Session — March 31, 2010 E. Authorization to apply for Washington State Department of Transportation (WSDOT) Pedestrian and Bicycle Safety Grant F. Agreement with Kitsap County for Incarceration of City Prisoners G. Professional Services Agreement with LUSIGNAN FORESTRY INC. of Shelton for Timber Harvest Management & Marketing Services H. Contract Modification No. 1 to the Professional Services Agreement with HDR Engineering, Inc. for UV Treatment Facility I. Resolution No. 3113 authorizing an Interfund Loan to the General Fund from the Wastewater � Fund for case flow purposes There wer�e no questions or comments from the public. .. 06:10:07 M/S/C/U (Runyon/VNheeler) Move to approve the CoNSErvT AGEN�A as presented. GENERAL BUSINESS 6A — RESOLUTION NO. 3112 IN SUPPORT OF "KIDS AT HOPE": Mavor Pattv Lent stated that the City of Bremerton wishes to offer support to "Kids At Hope", which she explained is a national initiative committed to the success of all children, and the program will ensure that all children's talents, intelligence, and positive traits are discovered in the process. Wallv Endicott, Executive Director for Kids At Hope, explained the idea behind "treasure hunting°; thanked the Mayor and Council for recognizing the importance of children in their community by passing this resolution; and invited children from the Boys and Girls Club to recite the Kids At Hope pledge. 06:16:53 M/S/C/U (Runyon/VVheeler) Move to adopt Resolution No. 3112 declaring the support for "Kids At Hope"; and authorize the Mayor tb take all steps necessary to carry out the purpose and intent of this Resolution. 1 CQ A� GAl1I\/A1 G�T A� 1�DI C� � �� rcci� �--s n e�2 ■�1� �c�1�c�r�iT�C� Item was pulled #�A6€RS• Item was pulled City Council Reg. Mtg. Minutes Wednesday, April 7, 2010 Page 3 of 5 , 6D — AUTHORIZATION TO SUBMIT AN EPA GRANT APPLICATION FOR THE GORST CREEK WATERSHED PLAN: Tom Knuckev, Engineering Division of Public Worics 8 Utilities Depa�tment summarized that on March 24 , Engineering staff were notified that the City has been selected to receive a grant from the EPA to develop a Comprehensive Watershed Plan for the Gorst Creek Watershed. The Watershed Plan is a multipart program to adopt land use regulations that will guide sustainable partner to ensure all project deliverables are coordinated between the two jurisdictions. The final application is due to EPA on April 8, 2010. Mr. Knuckev then provided a Power Point � presentation outlining the proposed improvements for Gorst Creek. The required match to be paid from the City of Bremerton is $112,850 which is anticipated to be paid as $22,050 in 2010, $56,075 in 2011 and $34,725 in 2012. The Department of Community Development will be contributing $61,350 from the General Fund and Engineering will be contributing $51,500 out of the Stormwater Fund. Partners including Kitsap County, Kitsap County Health District, Washington State Department of Ecology, Washington State Department of Fish and Wildlife, Port of Bremerton, WSWC, Sustainable Bremerton, Pat and Cheryl Lockhart will contribute the remaining $107,442 of the required match for this grant. Thene wene no comments from the public... 06:24:24 Motion was made and seconded; Council Members then began their discussion... Cecil McConnell asked a question about the required match amount from the city. Mr. Knuckev clarified that the cost is in labor. Rov Runvon asked if there is a contingency included in the agreement. Mr. Knuckev explained that there is no contingency in the application but when the contract is negotiated, a contingency would be included. Jim McDonald offered his support for this application and future project. Gres� Wheeler believed this is a great deal and hoped the restoration goes well; and congratulated the staff on a great job in seeking this funding. 06:28:42 M/S/C/U (McDonald/Runyon) Move to authorize city staff to apply for a$659,477 grant from the United States Environmental Protection Agency (U.S. EPA) and authorize the Interim Director of Public Works to sign as the Authorized Certifying Official for the City of Bremerton. PUBLIC HEARINGS 7A — PUBLIC HEARING AND RELEASE OF EASEMENT FOR HALVERSON ADDITION WATER MAIN: Michael Mecham, Interim Public Works & Utilities Director, stated that the City of Bremerton has been approached to vacate an easement for a 12-inch wood water main, as shown on the drawing for the Plat of Halverson Addition. This main was in use from Reservoir 12 until sometime in the mid-1950's when it was abandoned and new mains were placed in Sanders and Hatverson Avenues. President Wofiford opened up the public hearing. .. With no questions or comments, the hearing was c/osed to the public and opened to the Council for discussion... 06:30:35 Motion was made and seconded; Council Members then began their discussion... Mr. Runvon asked if it is standard practice to vacate an easement where there is pre-existing water main. Mr. Mecham answered no and emphasized that a process is now in place to locate water mains prior to vacating easements. Mr. Wheeler commented that lenders and title companies are reviewing property details and there may be more issues like this in the future. City Council Reg. Mtg. Minutes Wednesday, April 7, 2010 Page 4 of 5 06:32:28 M/S/C (Runyon/Wheele�) Move to approve the Release of Easement, and authorize the Mayor to finalize and execute the Release of Easement with substantially the same terms and conditions as presented. Voted in favor of Motion: Wheeler, Arends, Maupin, McDonald, McConnell, Runyon, Wofford Abstained: Brockus Motion camed: 7-Yes; 1-Absention 76 — PUBLIC HEARING AND ORDINANCE NO. 5016 TO VACATE AN ALLEY LOCATED BETWEEN 1 AND 2 STREETS EAST OF PACIFIC AVENUE: Michael Mecham, Interim Public Works & Utilities Director, mentioned that as part of the development of the 1 and Pacific Plaza and redevelopment of 190 Pacific Avenue, the City has initiated the vacation of an alley between 1� and 2"� Streets, East of Pacific Avenue to allow better use of the site. This date has been scheduled for a public hearing in accordance with state law and Bremerton Municipal Code on the proposed ordinance vacating the subject p�operty. In accordance with BMC 11.20.080 (d), no compensation is required. Pr�esident Wofford opened up the public hearing for comments from the public... Jack Oaklev, Qwest Communications, requested that in future development at that site that there will be adequate access is allowed in the alley for service vehicles and utilities to businesses. Tom Probst, Puget Sound Energy, directed his request for "reservation of rights° to the City Attorney. President WofforrJ then closed the hearing to the public. Following discussion by Council with IVIr. Bagwell and Mr. Mecham regarding amending language in the ordinance to addr�ess citizen concems, President Wofford then reopened the public hea�ng... Vern Laorath commented that the Naval Museum initially supported this easement but if there is a need to relocate service which would involve digging up Pacific Avenue then there would be an expectation for reimbursement of those costs. With no further public comment, President Wofforri closed the public hearing; Council Members then began their discussion. .. Mr. Bas�well clarified that the decision to be made by Council will be whether or not to vacate the alley not to relocate utilities. 06:45:24 M/S/C/U (Runyon/McDonald) Move to amend Ordinance No. 5106 to arequire all private utilities to be retained until no longer needed. " 06:46:15�M/S/C (Brockus/McDonald) Move to pass Ordinance No. 5106 to vacate an Alley between 1 and 2 Streets, East of Pacific Avenue. Voted in favor of Motion: Arends, McDonald, McConnell, Brockus, Runyon, Wheeler, Wofford Abstained: Maupin Motion caRied: 7-Yes; 1- Abstention COUNCIL MEMBER REPORTS Adam Brockus announced that Puget Sound Naval Shipyard held a grand opening and ribbon cutting ceremony of a new parking garage and was very glad the project has been completed. Rov Runvon reported on a meeting held Monday to discuss raising chickens in the city limits and thanked Council Members Jim McDonald and Greg Wheeler, and Assistant City Attomey Ken Bagwell for their assistance and participation; invited the public to attend a Business Workshop City Council Reg. Mtg. Minutes Wednesday, April 7, 2010 Page 5 of 5 presented by Kitsap Economic Development Aliiance on May 25 at the Oxford Suites in Silverdale and on October 19 at the Port Orchard Pavilion Event Center from 7:30 AM to Noon. He also encouraged people to contact the Kitsap Humane Society regarding animal noise complaints at (360) 692-6977 ext. 7216 or dispatchCa�kitsap-humane orQ from 8:30 AM to 4:30 PM, Monday through Friday. Carol Arends reported on federal transportation funding for local projects which is part of an ongoing discussion at Puget Sound Regional Council meetings. Nick Wofford encouraged people to retum their census forms. With no further business, President Wofford adjoumed the Council Meeting at 6:54 PM. Prepared and Submitted by: __�� ' ' CHRISTINE GRENIER Council Assistant Attest: CAROL ETGEN, City Clerk NICK WOFFORD, City Council President NW:CE:Is:cg , �I i�,� t t: ��;�3;�trr�i���»: AGEVD:1 Qll.l, �� C ITY OF QRE;�IERTON CITY COL.'NC'IL .............'......,...................................................................� �V�c.( S2.SS:oV1 SUI3JECT: C'itv C �OUiICiI 1 -leetinti Minutes Cummittcc Meetin� Date: y;A for mcc:tin� 01� ('c)UNC'II_. MLL"I�ING I)atr: - � Y� (� 1� �o I D I�pr� ('q' ��( � Deparhncnt: C lly C�OlU1C1I Presenter: Nick Wofford, Council President � Phone: (3G0) 47�i-5280 SUMMARY: Attached is the summary of the City Co�u�cil Meetin� held �} P� � �� � Zp � � ATTACHMENTS: Meeting Minutes for � P�j, �4. � Zp � a FiSCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR: Council President C[TY ATTORNEY: N/A FINANCE DIRECTOR: N/A MAYOR: N/A C'OMMITTEE CHAIR N/A ('OUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED ,ti10TION: :�1��ve to approve mcetin� miilutes as ��resentecl. ('Ot �\'('IL A('T[OiV: ❑ Approve ❑ Deny ❑ �I��ible ❑ ('��ntinur ❑ No Action DIGITAL RECORDING � CITY COUNCIL STUDY SESSION MINUTES April 14, 2010 A Study Session of the City Council of the City of Breme�ton was called to order in the City Council Conference Room 603 Of th@ NORM DICKS GOVERNMENT CENTER 345 6"' Street, Bremerton, Washington, Wednesday, April 14, 2010, at 5:00 PM, with Council President Nick Wofford presiding. Council Members present were Will Maupin, Carol Arends, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell, and Jim McDonald. Council Member Dianne Robinson was absent. Legislative Assistant Lori Smith was present to provide staff support. President Wofford emphasized that the Study Session was open to the public, however there would be no opportunities for input or participation; that no action will be taken, and the content of these items is subject to change. A. NO DISCUSSION PLANNED - The following items are budgeted items or have been reviewed by the appropriate Council Committee; and will be placed on the April 21 Council Meeting Agenda for action: 1. Reappointment of John Lyall to the Bremerton Housing Authority Board of Commissioners — Mayor Patty Lent Consent Agenda 2. 2010 Renewal of Shelter Plus Care Grant Agreement w�h Agape Unlimited — Marie Vila, CDBG Program Administrator; and Greg Wheeler, Planning Committee Chair Consent Agenda 3. Creation of "CDBG Programs Specialist° position at Pay Band 7 on the City's Professional , Confidential, and Fiduciary Pay Plan to replace at a lower rate the vacant "CDBG Programs Coordinato�' position that is at Pay Band 10 — Marie Vila, CDBG Program Administrator; and Greg Wheeler, Planning Committee Chair Consent Agenda 4. Approval of Interlocal Agreement with Kitsap County for City of Bremerton LEOFF I Member Medical Payments — Carol Etgen, City Clerk; and Adam Brockus, Finance Committee Chair Consent Agenda 5. Grant Easement to Pu�� SouN� ENERGY (PSE) at Sewage Pump Station S63 Site — Michael Mecham, Interim Public Works & Utilities Director; and Dianne Robinson, Public Works Committee Chair Consent Agenda B. BRIEF/FULL DISCUSSION PLANNED A teleconference was held with Bond Counse/ during discussion of items 6 and 7. .. 6. Proposed ordinance imposing Local Sales 8 Use Tax for Utilizing Revitalizing Financing for Park Avenue Plaza Project — Barbara Stephenson, Financial Services Director; and Adam Brockus, Finance Committee Chair Genera/ Business 7. Proposed ordinance authorizing the Issuance and Sale of Limited Tax Obligation Bond (LTGO) Bonds for the Park Avenue Plaza Project — Barbara Stephenson, Financial Services Director; and Adam Brockus, Finance Committee Chair Genera/ Business 8. Basic Life Support Senrices Agreement with Handlers Race Association — Fire Chief AI Duke; and Roy Runyon, Public Safety � Parks Committee Chair Consent Agenda 9. Authorization to execute and accept Quit Claim Deeds to implement the Boundary Line Adjustment in conjunction with the development of 1� and Pacific Avenue — Roger Lubovich, City Attomey Consent Agenda City Council Study Session Minutes Wednesday, April 14, 2010 Page 2 of 2 10. Proposed ordinance relating to the Department of Economic Development — Roger Lubovich, City Attomey; and Roy Runyon, Public Safety & Parks Committee Chair Genera/ Business 11. Proposed pubtic hearing and resolution regarding the submission of proposed amendments to the Bremerton Charter to the qualified voters of the City of Bremerton —Roger Lubovich, City Attomey; and Nick Wofford, Council President This item is on ho/d... Further discussion will be he/d at a /ater date on the proposed changes, whether or not to , p/ace this item on the ballo� and if so, when it wou/d be p/aced on the ballot C. GENERAL COUNCIL BUSINESS 1. Briefings were provided by Council Committees Chairs and President Wofford briefly discussed the upcoming AWC Annual Conference to be held in Vancouver this June. With no further business, President Wofford adjoumed the Study Session at 7:30 PM. Prep ed and Submitted by: � . L SMITH Legislative Assistant Attest: CAROL ETGEN, City Clerk NICK WOFFORD, City Council President NW:CE:Is:cg DATE SUBMITTED: Apri12, 2010 AGENDA BILL � D CITY OF BREMERTON � CITY COUNCIL .......................................................................................� SUBJECT: Reappointment to the Committee Meeting Date: � n r; / J�} � a, o� c� Bremerton Housing Authority Board of COLJNCIL MEETING Date: � ; J ��� ��� a Commissioners Department: xecutive Presenter: Mayor Lent Phone: 360 473 5266 SUMMARY: John Lyall's term of service on the Bremerton Housing Authority Board of Commissioners is expiring in May 2010. It is recommended he be reappointed to another term on the Board. ATTACHMENTS: Application for reappointment available in the Mayor's office. FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: � DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: - - MAYOR: COMMITTEE CHAIR o COUNCIL PRESIDENT: CONSENT AGENDA � GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to confirm the reappointment of John Lyall to the Bremerton Housing Authority Board of Commissioners. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action DATE SUBMITTED: � � AGENDA BILL CITY OF BREMERTON CITY COLJNCIL ........................................................................................ SUBJECT: 2010 Renewal of Shelter Plus Committee Meeting Date: April 14, 2010 Care Grant Agreement with Agape COiJNCIL MEETING Date: April 21, 2010 Unlimited Department: DCD — Block Grant Presenter: Marie Vila Phone: 360-473-5375 SUMMARY: Since 1996, the City of Bremerton has acted as a pass-through agent for the Shelter Plus Care program administered locally by Agape Unlimited. Funded by the McKinney-Vento Act and administered by the Department of Housing and Urban Development, Shelter Plus Care funds provide rental assistance for homeless individuals and families affected by mental illness, chemical dependency, or both. Participants receive assistance and counseling until they reach self sufficiency, which averages about two years. The City's contract with Agape is renewed annually, as is the City's Shelter + Care contract with HL1D. The City and Agape have received "renewal" status with HLJD; therefore the annual application submitted is not awarded on a competitive basis but rather renewed based on meeting program performance criteria. ATTACHMENTS: Contract between the City of Bremerton and Agape Unlimited (E�ibit A). FISCAL IMPACTS (Include Budgeted Amount): Pass-thru funding of $194,676.00 from the , Department of Housing and Urban Development to Agape Unlimited, Project Sponsor. APPROVALS: DEPARTMENT DIRECTOR• CITY ATTORNEY: FINANCE DIRECTOR: � � MAYOR: COMMITTEE CHAIR � COUNCIL PRESIDENT: CONSENT AGENDA � � GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the 2010 Service Agreement between the City of Bremerton and Agape Unlimited and authorize the Mayor to finalize and execute the contract in substantially the same form. �'� COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action i i i ';r_�-;:``�,�tti,[�;�-.:: �:.�:�{.li - r; ; �-���i : r-? DEPARTMENT OF .,;., .r- �; o ; i COMMUNITY DEVELOPMENT `i= :=s . �; . J� ,� ;, '' �� ; �� ��: � '�.�- � ► :�_ _ _ _� _�� �� �� . MEMORANDUM To: City Council From: Marie Vila, CDBG/HOME Programs Date: April 13, 2010 Re: Shelter Plus Care Annual Renewal Contract Summary — Shelter Plus Care: Since 1996, the City of Bremerton has acted as a pass-through agent for the Shelter Plus Care program administered locally by Agape Unlimited. Funded by the McKinney-Vento Act and administered by the Department of Housing and Urban Development, Shelter Plus Care funds provide rental assistance for homeless individuals and families affected by mental illness, chemical dependency, or both. Participants receive assistance and counseling until they reach self sufficiency, which averages about two years. The City's contr�act with Agape is renewed annually, as is the City's Shelter Plus Care contract with HUD. The City and Agape have received "renewal" status with HUD; therefore the annual application submitted is not awarcled on a competitive basis but rather renewed provided performance criteria are met Staff is requesting Council approval to renew the City's contract with Agape Unlimited. The 2010 Shelter Plus Care contract renewal amount is $194,676. � About Agape: • Provides housing and assistance to 40 homeless adults and 17 homeless children • All are substance abusers and 20% also suffer from mental illness • Operate 2 group homes for men and women • Participants attend required individual and group therapy • Receive job support and training • Financial Literacy Skills • Partner with other social service agencies in the county 1 EXHIBIT A AGENCY SERVICE AGREEMENT Shelter Plus Care Grant AN AGREEMENT, by and between the City of Bremerton hereinafter referred to as"City" and Agape, hereinafter referred to as "Agency" by which the Agency agrees to carry out specific activities under the City of Bremerton's Shelter Plus Care Grant Program and establishing certain other terms and conditions of operation. IT IS MUTUALLY AGREED AS FOLLOWS: ARTICLE I. PROJECT 1. SCOPE OF SERVICES The City, as recipient of a Shelter Plus Care Grant from the United States Department of Housing and Urban Development (HUD), hereby designates the Agency to undertake, and the Agency hereby agrees to undertake the activities specifically described in the applications and management procedures/plan and summarized below: Agency will provide affordable housing and a full range of services to homeless individuals who have chronic alcohol and drug problems. The continuum of housing linked to appropriate social services is designed to promote self-sufficiency and clean and sober living by providing gradually increasing levels of responsibility and independence based on personal progress in meeting recovery goals. Project based assistance will be provided with in accordance with grant number WA0098COT010802, to the City, to be renewed on July 1, 2010 and executed on Apri15, 2010. Tenant Based Assistance will be provided in accordance with grant number WAOl0000T010802, to the City, renewed February 1, 2010, executed on April 5, 2010. The corresponding Sponsor Based application will be provided in accordance with grant number WA0099COT010802 to the City, renewed on February 1, 2010 and executed on Apri15, 2010. The Management Procedures/Plan (Attachment 1) outlines the management of the three programs. 2. TERM OF AGREEMENT The term of this Agreement is February 1, 2010 through June 30, 2011, determined by the specific grant, but may be extended pursuant to an amendment to this Agreement as authorized in Article N.8, or should additional time for auditing this project be required, in accordance with law, this Agreement shall be deemed automatically extended until such time as the said audit shall be completed. In any event, the term of this Agreement shall cover the period that the Agency has control over Shelter Plus Caze funds. EXHIBIT A 3. PROGRAM REPORTING The Agency shall submit such reports as required by the City to meet its local obligations and its obligation to the Department of Housing and Urban Development. The City will prescribe the report format, as well as the time and location for submission of such reports. Required reports include but are not limited to the following: (A) Semi-Annual Performance Reports which shall include all information required by HUD in the final Annual Performance Report. (B) Annual Housing Quality inspections and rent reasonableness studies. ARTICLE II. FINANCIAL CONDITIONS 1. BUDGET AND COMPENSATION The City shall reimburse the Agency its allowable costs for the services identified in this Agreement not to exceed $ 38,568.00 (Thirty three thousand seven hundred twenty dollars) under project based assistance contract WA0098COT010802, $107,448 (One Hundred seven thousand four hundred forty-eight dollars) under sponsor based assistance contract WA0099COT010802 and $48,660 (Forty eight thousand six hundred sizty dollars) under tenant based contract WAOl0000T010802 upon presentation of properly executed monthly invoices in a form approved by the City. Such reimbursement shall constitute full and complete payment by the City under this Agreement. Allowable costs shall mean those necessary and proper costs identified in the Agency's application and approved by the City unless any or a11 such costs are disallowed by the State of Washington or the United States. 2. DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING All costs shall be supported by documentation, as evidence of the nature and propriety of the charges. All accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible, and upon reasonable notice, the City and United States shall have the right to audit the records of the Agency as they relate to the work. The Agency shall also: (A) Maintain an effective system of internal fiscal control and accountability for all Shelter Plus Care funds, and make sure the same are used solely for authorized purposes. EXHIBIT A (B) Keep a continuing record of all disbursements by date; check number, amount, vendor, description of items purchased and line item from which money was expended, as reflected in the Agency's accounting records. (C) Maintain financial records for a period of five (5) years after receipt of final monitoring letter from the City provided that the Annual State audit (which includes the Shelter Plus Care Program) has been completed. (D) Permit inspection and audit of its records with respect to all matters authorized by this Agreement by representatives of the City the State Auditor or the United States at any time during normal business hours and as often as necessary. (E) Inform the City concerning any funds allocated to the Agency that the Agency anticipates will not be expended during the Agreement period, and permit reassignment of the same by the City to other agencies. (F) Repay to the City any funds in its possession at the time of termination of this Agreement that may be due to the City or the United States. _ 3. REIMBURSEMENT The City shall reimburse the Agency only for actual incurred costs upon presentation of a properly executed invoice in a form approved by the City. Only those allowable costs directly related to the Agency's application, shall be paid consistent with Article II paragraph 2. In the event the City or United States determines any funds were expended by the Agency for unauthorized or ineligible purposes or the expenditures constitute disallowed costs in any other way, the City or United States may order repayment of the same. The Agency shall remit the disallowed amount to the City within thirty (30) days of written notification of the disallowance. (A) The Agency agrees that funds determined by the City to be surplus upon completion of the Agreement will be subject to cancellation by the City. (B) The Agency agrees that upon expiration of this Agreement, the Agency shall ' transfer to the City any Shelter Plus Care funds on hand at the time of expiration and any account receivable attributable to the use of Shelter Plus Care funds. (C) The City shall be relieved of any obligation for payments if funds allocated to the City cease to be available for any cause other than misfeasance of the City itself. (D) The City reserves the right to withhold payments pending timely delivery of program reports or documents as may be required under this Agreement. EXHIBIT A ARTICLE III. FEDERAL CONDITIONS 1. UNIFORM ADMINISTRATIVE REQUIREMENTS Agency shall comply with regulations set forth in 24 CFR part 582. 2. CONFLICT OF INTEREST In addition to the conflict of interest requirements in 24 CFR part 85, no person who is an employee, agent, consultant, officer, or elected official or appointed official of the Agency, who exercises any function or responsibilities with respect to the program or who are in a position to participate in a decision making process or gain inside information with regazd to such activities, may obtain a financial interest or benefit from the activity, or have a financial interest in any contract, subcontract, or agreement with respect to the proceeds of the shelter plus care assisted activity either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter. Participation by homeless individuals who also are participants under the program in policy or decision making under 24 CFR part 582.300 does not constitute a conflict of interest. 3. DISPLACEMENT, RELOCATION, AND REAL PROPERTY ACQUISITION The Agency shall comply with the requirements relating to displacement, relocation, acquisition and replacement of housing (24 CFR part 582.335). Displacement of persons (families, individuals, businesses, non-profit organizations and farms) as a result of activities assisted with Shelter Plus Care funds is generally discouraged and in all instances must receive prior written approval from the City. 4. LEAD BASED PAINT Agency shall comply with HUD Regulations on Lead Based Paint hazards in federally owned housing and housing receiving Federal assistance. (24 CFR Part 35) 5. DISCRIMINATION PROHIBITED Under the activities, funded in whole or in part by Shelter Plus Care, Agency sha11 comply with 24 CFR part 582.330. EXHIBIT A ARTICLE IV: GENERAL CONDITIONS 1. COMPLIANCE WITH LAWS The Agency, in performance of this Agreement, agrees to comply with all applicable Federal, State and Local Laws and ordinances, and the rules and regulations promulgated by the U.S. Department of Housing and Urban Development, including but not limited to Shelter Plus Care Regulations and other policies and guidelines established for the Shelter Plus Care Program regardless if the law is specifically stated in this Agreement. 2. LICENSING AND PROGRAM STANDARDS The Agency agrees to comply with and to obtain at its own expense, if necessary, all applicable Federal, State, County or Municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or criteria as described in the Contract to assure quality of services. 3. INSURANCE The Agency shall maintain at all times a policy of comprehensive general liability insurance providing an amount of $1,000,000.00 per occurrence, protecting the City of Bremerton from any and all damages which may arise in connection with the services to be provided hereunder, whether or not such damages are alleged to arise from acts or omissions which aze the sole negligence of the City, its officers, employees, and or agents, or the combined negligence of the City and others. Such insurance shall include the City as additional insured and shall not be reduced or canceled without 30 days written prior notice to the City. The Agency shall provide and maintain a current Certificate of Insurance as evidence of the insurance required in this section. 4. INDEMNITY The Agency agrees to defend, indemnify and hold harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Agency, its subcontractors, agents, successor, or assigns. This provision shall be inapplicable to the extent the City are judicially found solely negligent for such damage or injury. EXHIBIT A 5. NOTICES Any notices required to be given by the City to the Agency or by the Agency to the City shall be in writing and delivered to the following parties at the following addresses: City: Agency: CDBG Program Administrator Barbara Day Max City of Bremerton AGAPE 345 6 th Street Suite 600 5464 Kitsap Way Bremerton, WA 98337 Bremerton, WA 98312 6. ASSIGNMENT AND SUBCONTRACTING The Agency shall not assign or subcontract any portion of the services provided within the terms of this contract without obtaining prior written approval from the City. All terms and conditions of this Contract shall apply to any approved subcontract or assignment related to the Contract. 7. RESERVATION OF RIGHTS Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. 8. AMENDMENTS TO AGREEMENT The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. 9. FAILURE TO PERFORM In the event of a failure by the Agency to comply, with any terms or conditions of this Contract or to provide in any manner the activities or other performance as agreed to herein, the City reserves the right to temporarily withhold all or any part of payment pending correction of the deficiency, suspend all or part of the contract, or prohibit the Agency from incurring additional obligations of funds until the City is satisfied that corrective action has been taken or completed. The option to withhold funds is in addition to, and not in lieu of, the City's right to terminate as provided in Article IV. 10 of the General Conditions of this Agreement. The City may consider performance under this Agreement when considering future awards. EXHIBIT A 10. TERMINATION If the Agency fails to comply with the terms and conditions of this Agreement, the City may pursue such remedies as are available in accordance with 24 CFR 85.43 including but not limited to, the ternunation of this Agreement in the manner specified herein. (A) Termination for Cause - If the Agency fails to comply with the terms and conditions of this Agreement and any of the following conditions exist: . (1) The lack of compliance with the provisions of this Agreement are of such scope and nature that the City deems continuation of this Agreement to be substantially non-beneficial to the public interest; (2) The Agency has failed to take satisfactory corrective action as directed by the City or its authorized representative within the time specified by same; (3) The Agency has failed within the time specified by the City or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this Agreement, The City may terminate this Agreement in whole or in part, and thereupon shall notify in writing the Agency of the termination, the reasons therefore, and the effective date. The effective date shall not be prior to notification of the termination by the City to the Agency. Costs resulting from obligations incurred by the Agency after termination of the Agreement are not allowable unless specifically authorized in writing by the City. (B) Termination for Convenience The award may be terminated for convenience, in whole or in part, as follows: (1) By the City with the consent of the Agency. The two parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated, or (2) By the Agency upon submitting written notification to the City. The written notification must set forth the reasons for the termination, the effective date, and in the case of partial termination, the portion to be terminated. However, in the case of a proposed partial termination, the City may terminate the award in its entirety if the City determines that the remaining portion will not accomplish the purpose for which the award was made. EXHIBIT A (C) Termination for Withdrawal, Reduction or Limitation of Fundin� In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the effective date of this contract, and prior to its normal completion, the City may summarily terminate this Contract as to the funds reduced or limited, notwithstanding any other termination provision of this contract. Termination under this Section shall be effective upon receipt of written notice by the Agency or its representative. 11. CLOSE-OUT Upon termination of this Contract, in whole or in part for any reason including completion of the project, the following provisions shall apply: (A) Upon written request by the Agency, the City shall make or arrange for payment to the Agency of allowable reimbursable costs not covered by previous payments; (B) The Agency shall submit within thirty (30) days after the date of expiration of this Agreement, all financial, performance and other reports required by this Agreement, and in addition, will cooperate in a program audit by the City; (C) In the event a financial audit has not been performed prior to close-out of this Agreement, the City retains the right to withhold a just and reasonable sum from the final payment to the Agency after fully considering the recommendation on disallowed costs resulting from the final audit. 12. VENUE AND CHOICE OF LAW Any action at law, suit in equity, or other judicial proceeding for the enforcement of this Agreement or any provisions thereof shall be instituted only in the Court of the Sta.te of Washington, County of Kitsap. It is mutually understood and agreed that this Agreement shall be governed by the laws of the State of Washington, both as to interpretation and performance. 13. SEVERABILITY CLAUSE It is understood and agreed by the parties that if any part, term, or provision of this contract is held by the courts to be illegal or in conflict with any law of the state where made, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. EXHIBIT A 14. INTEGRATED DOCUMENT _ This Agreement with any attachments constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. EXECUTED this day of 2010 AGENCY: AGAPE Unlimited (Agency) BY: (Signature) (Please Print Name and Title) (Date) ADMINISTRATOR SHELTER PLUS CARE PROGRAM Administrator Date MAYOR, CITY OF BREMERTON Patty Lent Date Approved as to form: Bremerton City Attorney EXHIBIT A INDEX TO SHELTER PLUS CARE AGREEMENT Article I. Project 1. Scope of Services 2. Term of Agreement 3. Program Reporting Article II Financial CondiNons 1. Budget and Compensation 2. Documentation of Costs and Other Financial Reporting 3. Reimbursement Article III. Federal Conditions 1. Uniform Administrative Requirements 2. Conflict of Interest 3. Displacement, Relocation, Acquisition and Replacement of Housing 4. Lead Based Paint 5. Discrimination Prohibited Article IV General Conditions 1. Compliance with Laws 2. Licensing and Program Standards 3. Insurance 4. Indemnity 5. Notices 6. Assignment and Subcontracting 7. Reservation of Rights 8. Amendments to Agreement 9. Failure to Perform 10. Termination 11. Close-Out 12. Venue and Choice of Law 13. Severability Clause 14. Integrated Document ATTACHMENT #1 SHELTER PLUS CARE MANAGEMENT PROCEDURES/PLAN Shelter Plus Care (SPC) is a U.S. Department of Housing and Urban Development (HUD) housing grant specifically aimed at housing the disabled home(ess population while ensuring that their on-going needs are met through active case management. SPC provides housing assistance funds and requires the agency involved to provide an equal amount of services to the client. The client must be disabled with either, or a combination of the following disabilities: severe mental illness, chemical dependency, or AIDS or AIDS related illness. AGAPE, as sponsor of the SPC Program will manage the program in accordance with the plan as described in the application and described below. Scoae of Services/Historv The City of Bremerton initially submitted an application to HUD on July 6, 1993 under the McKinney Shelter Plus Care Program for rent assistance to provide alcohoVdrug free permanent housing for 8 homeless women with children and 16 homeless men disabled by chronic alcoholism and substance abuse. A grant in the amount of $596,400.00 was awarded on January 5, 1995. Agape Unlimited, a state licensed non-profit alcohol and drug treatment provider, serves as the sponsor and primary social service provider for the project. Agape Unlimited and the City have successfully applied for renewal funds every year since the initial awazd; see below for current funding levels. Funds were awarded under three components of the Shelter Plus Caze Program. Project Based Rental Assistance (PBRA): Assistance is provided to AGAPE for units located at 1323 and 1329 Crawford St. Participants do not retain assistance if they move. Sponsor based Rental Assistance (SBRA): Participants reside in housing owned or leased by Agape. Participants do not retain assistance if they move. Tenant Based Rental Assistance (TBRA): Provides grants for rental assistance which allows participants to choose housing of appropriate size (goes with tenant) Agape may require participant to live in a specific structure the first yeaz and in a specific area for the remainder of the participation. Units are located throughout Bremerton city limits. All three components, Project Based Rental Assistance (PBRA), Tenant Based Rental Assistance (TBRA) and Sponsor Based Rental Assistance (SBRA) of the original grant have been completed and must be renewed annually. The City submitted and received fundin for 2010 as follows: Pro ram Amount 0 BR 1-BR 2-BR 3-BR 4-BR 5-BR TBRA $48,660.00 1 7 SBRA $107,448.00 6 6 2 PBRA $38,568.00 2 i Agape's program is composed of three stages: • initial outreach and residential chemical dependency treatment (funded by non Shelter Plus Caze sources); • 3-6 months of drug/alcohol free group living with intensive treatment and job training services; (Project Assistance) • permanent supported housing in the community.(TBRA and SBRA) The continuum of housing linked to appropriate social services is designed to promote self-sufficiency and clean and sober living by providing gradually increasing levels of responsibility and independence based on personal progress in meeting recovery goals. The group houses, located at 1323 and 1329 Crawford St. in Bremerton, provide 18 beds of permanent housing with cooking, cleaning, laundry and recreational facilities including a common room and gazden. The program provides a home-like, not an institutional environment for residents. Moreover, the houses are only two blocks from the Agape outpatient treatment facility. The Sponsor based component is typically used both as an intermediary phase and an alternative to group living for families. Agape has identified apartment units throughout the community to utilize in the program. For the Tenant based component, participants must have obtained the self-sufficiency to maintain a unit with little assistance. Particinant Selection Participants must be: • Chemically dependent, participating in an outpatient treatment program • 18 years of age or older • homeless • living on the street or in a homeless shelter, released (with no housing options) to the streets from jail, in-treatment programs, and hospitals. , Priority for housing assistance will be as follows: First Priority: Individuals living on the street; Second Priority: Release from the jail to the street; Third Priority: Release from treatment to the street Screening and selection process will be coordinated by AGAPE who will interview each potential participant to detertnine eligibility. Persons eligible for the project will be 2 placed on a waiting list and are responsible to contact AGAPE, by telephone, at least once every three days to indicate they are still interested in the program. Tenants are selected from those eligible based upon their position on the waiting list (unless there are documented extenuating circumstances) Method for Assignin� Units Assignment of units is determined according to the clients' needs, including stability in treatment, family size, level of self-sufficiency and need for on-going peer support. Generally, all entering program participants will be required to live in the project based houses. When residents move out, Agape will move new residents into the bedroom that was vacated. Participants that can be accommodated by the Project Based Houses will not be moved azound the house unless a woman or man with several children requires the larger spaces located in the lower level of the buildings. Men, including men with children reside in one house and women, including women with children reside in the , other house. Those moving out of the Project Based Houses (and having successfully completed stage one of their recovery program) will be placed in either a Sponsor Based house or apartment or in a Tenant Based unit as appropriate. Smaller sponsor based units aze utilized by single individuals high in self-sufficiency. Large units are utilized as multiple adult dwellings or as housing for pazents with dependent children. The appropriate housing unit will be determined taking into consideration the quality, access to services, and appropriateness of the unit type. Those moving into Tenarit based assistance will locate their own housing within the City of Bremerton. AGAPE will assure the unit meets HQS. The size and type of housing weill be determined according to family size and need. Particivant Role in Oaerations/Management Residents at the group houses will be responsible for regulaz house maintenance, including cleaning and yazd work. Group home residents will have weekly house meetings to address both community and operations issues, and will provide input on program evaluation. These meetings will address mutual responsibility for house chores. All program participants will be involved in decision making and problem solving for the program through on-going program evaluations. Aaalicant Role in Oaerations/Maintenance Agape is responsible to ensure that the houses are properly maintained contract for necessary repairs, collect rent, provide cleaning supplies and provide yard tools. Agape counselors assist residents to develop skills for house maintenance, implement the chore list, and facilitate resident meetings. Agape is responsible to ensure that sufficient funding is available to operate and maintain the buildings properly. Agape pays all utility 3 bills, but not long distance phone costs. Agape is available in the evenings and weekends to provide help and supervision fo� participants. Particiaant Eligibilitv Verification Agape wi(1 verify eligibility and determine Total Tenant Payment (TTP) for all participants. The following documentation will be required to determine eligibility for each participant: 1. Intake application 2. Certification of homelessness 3. Certification of disability 4. Income verification Pa= The rent to be paid by each tenant will be calculated based on the hi est of • 30 percent of the family's monthly adjusted income (adjustment factors include the number of people in the family, age of family members, medical expenses, and child care expenses); or, • 10 percent of the family's monthly income. Housin� Qualitv Standards and Rent Reasonableness Certification All necessary Housing Quality Standards (HQS) Inspections and Rent reasonableness studies will be performed by Agape who will also maintain the required documentation. Agape may enter into a contractual agreement relative to the Shelter Plus Care Program with a landlord only after it has certified that the housing unit meets HQS and rent reasonableness criteria. Lead Based Paint Reauirements AGAPE will assure all units meet HL1D's Lead Based Paint Requirements. Assessment Methods The Continuum of Care Coalition consists of local participating agencies providing services, and Agape. The committee will meet at least monthly to shaze program . information on housing units, client services and record keeping requirements. The City of Bremerton will participate in the meetings once a yeaz. Additionally, the Coalition will assess and make recommendations regarding: • how effective outreach efforts were to identify initial program participants and additional participants as space became available; • how well coordinated the system of services is to meet the changing needs of clients; � how efficient is the mechanism for administering rental assistance. 4 The Coalition will discuss specific case studies to measure the clients' stability in housing, improved functioning; the use of treatment and community services, the degree of independence achieved, and the degree of client satisfaction with the services provided. AGAPE will submit semi-annual reports to the City of Bremerton. Reauest for Pavment No less than two weeks prior to the last day of each month Agape must provide verification of rent subsidy payments required for the upcoming month. NO PAYMENT WILL BE MADE iJNLESS THIS VERIFICATION IS RECEIVED. Such verification includes the following: 1. Documentation regazding participant eligibility as previously described; 2. HQS inspections and rent reasonableness studies as described above; 3. A signed contract between Agape and the Landlord for payment of housing assistance; 4. A signed lease agreement for a period of no less than thirty (30) days between the Landlord and Agape; 5. An agreement between the Landlord and the service agency regarding support services. The City of Bremerton will promptly process the payment. Administrative Fee " The HUD Shelter Plus Care program authorizes an eight percent (8%) administrative fee for the following activities: providing rental payments to landlords; examining family income; providing housing information and assistance; inspecting units for HQS; and receiving new participants into the program. An analysis indicates the City of Bremerton provides approximately. 25% of these services and AGAPE provides 75%. Therefore, 6% of the administrative fee will be available to AGAPE and 2% to the City of Bremerton. To assure that administrative funds are available through the life of the Shelter Plus Care Program, the funds will be disbursed based on the amount of the monthly draw (for example, if the monthly draw is $2,500 AGAPE will receive $150.00 and the City of Bremerton will receive $50.00 in administrative fees). Documentation of the time spent on the activities must be maintained by the City of Bremerton and AGAPE. . 5 Housin� Assistance Pavmeats Rent subsidy payments will be made by Agape to the landlord(s) as appropriate Agape will maintain a special bank account dedicated solely to Shelter Plus Caze activities. All funds received from the City of Bremerton wiil be placed in and disbursed from this account. Agape will maintain records of rent subsidy payments to landlords. Vacancv Pavments Agape must immediately notify the City of Bremerton upon termination of tenancy so that the City may determine allowable vacancy payments to landlord(s). HUD Reauired Renorting AGAPE will provide the data to the City of Bremerton for the HUD annual report. 6 DATE SUBMITTED: � AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Creation of new Management Committee Meeting Date: April 14, 2010 and Professional position: "Block Grant COLINCIL MEETING Date: Apri121, 2010 Programs Specialist" and establishment of Department: DCD — Block Grant pay range for this position. Presenter: Marie Vila Phone: 360-473-5375 SUMMARY: The Block Grant Program customarily relies on two full time staffmember�Program Administrator, who manages the program, and Program Coordinator, who supports all program functions. The Coordinator position is at Pay Band 10 of the Professional Confidential and Fiduciary Pay Plan. The position is currently vacant and authorized in the 2010 Budget. The Mayor has authorized filling the position at this level. However, in response to cwrent funding constraints, the program will be entering into an interlocal agreement with the Kitsap County Block Grant departrnent to share the costs of one staff inember. The shared staff member will not have the full range of responsibilities of the existing Coordinator position, and therefore staff proposes to create a new position, Block Grant Specialist, at a lower pay rate. The new Block Grant Specialist will be paid at Pay Leve17, Rate 1, starting at $51,816.72. Block Grant staff is fully funded through federal grants; no General Fund resources will be impacted. This change will save the City's Block Grant program money through efficient interlocal collaboration, a lower pay rate and fewer City-paid hours per week. ATTACHMENTS: Block Grant Specialist Job Description (Exhibit A) FISCAL IMPACTS (Include Budgeted Amount): Pass-thru funding from the Department of Housing and Urban Development to the City of Bremerton for the newly created position. Funds for the higher-paid Coordinator position are already in the approved budget, and will be re-budgeted for the Block Grant Programs Specialist. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR o t.J ,�, COUNCIL PRESIDENT: CONSENT AGENDA (� � GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the creation of Block Grant Programs Specialist position at Pay Band 7 of the Professional Confidential and Fiduciary Pay Plan. COIJNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action City of Bremerton Classificatioa Specifications March 2010 COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG) PROGRAMS SPECIALIST GENERAL FUNCTION Under the direction and guidance of the CDBG Programs Administrator, performs staff support work involving research, organization, analysis and presentation of information and data needed to plan and evaluate community development program activities and otherwise provide administration and support to various community development programs. DISTINGUISHING CHARACTERISTICS This is a professional administrative support classification with responsibility for providing administration and support to various programs and activities of the department as assigned. The position functions at moderate level of public policy and fiduciary responsibility with direction and oversight from the CDBG Programs Administrator. REPRESENTATIVE ESSENTIAL DUTIES AND RESPONSIBILITIES (Note — This list is intended only to illustrate the various types of work that may be performed. The omission of specific statements does not exclude them from the position.) Pro�ram administration and support: • Researches, organizes and prepares documentation, reports and analyses for projects assigned by the CDBG Programs Administrator on matters such as: administration of grants and grant funded programs, allocation of funds under various programs including the CDBG and HOME programs, coordination of housing programs and other federally funded programs with the City's Comprehensive Plan, policy recommendations on issues related to housing and other areas. • Assists in preparation of grants and other funding source applications for departmental programs. Contracts • Researches and organizes data, costs and information needed to prepare specifications for professional and/or technical services to be obtained by contract. • Assures legal and policy compliance throughout the contract decision-making and preparation process. • As assigned by the CDBG Programs Administrator, represents the department during negotiations of the specific terms and conditions of contracts. • Processes documents associated with implementing contract services; monitors work progress and payments for contract. • Processes regulatory documentation as required. • Investigates and resolves administrative problems related to contract service delivery. General • Responds to inquiries from internal and externa( sources; produces written and verbal reports on administrative and policy subjects, as assigned. • Performs other assigned work which is consistent with the responsibilities of the classification and necessary to department operations. REOUIRED KNOWLEDGE SKILL AND ABILITIES: Knowledge of: • Current practices of public administration, accounting, and reporting. � Understanding of the fundamental intent of federal and state laws and regulations which relate to public administration. • Techniques used for gathering, evaluating and summarizing data and information in preparation of reports. • Basic construction knowledge and understanding of capital project development and management. Revised 3/31/10 Page I of 2 City of Bremerton Classification Specifications March 2010 COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG) PROGRAMS SPECIALIST • Community Development Block Grant (CDBG) and related programs, HOME program. Abili to: • [dentify resources, research and locate laws, regulations, data and information relevant to specific projects or situations • Interpret and apply the intent and specific provisions of laws and regulatory provisions to particular conditions affecting the department. • Quantify activity and costs, identify available alternatives and produce verbal and written reports on the probable costs, benefits and problems of differing courses of action. • Provide verbal and written information, direction and advice to a wide variety of people and officials. • Communicate ideas and assert a point of view in comp(ex situations. • Exhibit and instill a high public service priority in contacts with the public and others encountered in the work. QUALIFYING TRAINING AND EXPERIENCE Undergaduate degree in a relevant field and one (1) year of staff analysis experience. One (1) year of experience with Federal Regulations, or any equivalent combination of education, training and experience that will provide the required knowledge, skills and abilities. A valid Washington State driver's license is required and must be obtained prior to date of hire. WORKING CONDITIONS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. The work environment characteristics described are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enabte individuals with disabilities to perform the essential functions. Whi(e performing the duties of this job, the employee is frequently required to sit and talk or hear. The employee is occasionally required to walk, use hands to finger, handle, or feel objects, tools, or controls, and reach with hands and arms. The employee must occasionally (ift and/or move up to 10 ibs. Specific vision abilities required by this job include close vision and the ability to adjust focus. The noise level in the work environment is usually moderately quiet. LEGAL AND REGULATORY EMPLOYMENT CONDITIONS Fair Labor Standards Act: The position qualifies for exemption from the Fair Labor Standards Act minimum wage and overtime provisions under the Act's Administrative and Professional Employees exemptions. � Representation: The classification is exempt from the bargaining unit pursuant to the Recognition Article of the current labor agreement between the City of Bremerton and the Teamsters Local 589. Civil Service: The classification is not included in the City's Civil Service System. Appointment and Removal Authority: The position is filled by appointment of the Department Head and removal is at the will of the Department Head in conformance with procedures established by the Ciry. Revised 3/31/10 Page 2 of 2 DATE SUBMITTED: Apri17, 2010 AGENDA BILL � CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Approval of Interlocal Committee Meeting Date: April 14, 2010 Agreement with Kitsap County for City of COUNCIL MEETING Date: April 21, 2010 Bremerton LEOFF 1 Member Medical Department: Financial Services Payments Presenter: Carol Etgen Phone: 473-5323 SUMMARY: The City of Bremerton is responsible for payment and reimbursement of inedical expenses incurred by Law Enforcement Officers and Firefighters who retired under the LEOFF 1 pension plan. The City Clerk's Office received three proposals to provide payment services; Kitsap County's proposal came in several thousand dollars below the other two proposals. Based on the last two years claims history, this contract will cost approximately $12,000 annually. The City Clerk's staff will still handle irregular claims and insurance payments. This agreement will provide another opportunity for local government to pool resources for providing similar functions. This service currently costs the City approximately 40 hours per month in staff time, along with postage expenses. ATTACHMENTS: Interlocal Agreement with Kitsap County FISCAL IMPACTS (Include Budgeted Amount): $12,000 annual cost APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: ' .� COMMITTEE CHAIR C'r.c� , �'- - COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the Intergovernmental Cooperative Purchasing Agreement with the Washington State Office of Procurement and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action INTERLOCAL AGREEMENT BETWEEN THE CITY OF BREMERTON AND KITSAP COUNTY FOR CITY OF BREMERTON LEOFF 1 MEMBER MEDICAL PAYMENTS I. RECITALS WHEREAS, pursuant to the Revised Code of Washington Chapters 41.16, 41.18, 41.20, 41.26 and Washington Administrative Code Chapter 415-105, the City of Bremerton is responsible for the payment of certain medical expenses for members of the Law Enforcement Officers and Fire Fighters 1(LEOFF 1) Retirement System, and WHEREAS, the City provides for the payment and reimbursement of such medical expenses in part, through a self-funded reimbursement plan; and WHEREAS, Kitsap County also has the responsibility of payment for certain medical expenses for its LEOFF 1 members, and , WHEREAS, Kitsap County has expressed an interest in managing the payment of the City of Bremerton's LEOFF 1 medical expenses, and WHEREAS, the parties agree that it is in the public interest and consistent with policies of the two jurisdictions to cooperate to provide efFiciency in the processing of LEOFF 1 member medical expenses, and WHEREAS, RCW Ch. 39.34 provides authority for jurisdictions to enter into interlocal agreements; NOW, THEREFORE, the City of Bremerton and Kitsap County agree as follows: II. AGREEMENT A. Parties. The Parties to this agreement are the City of Bremerton ("City") and Kitsap County ("County"). The Parties agree as follows. B. Relationship of the Parties. The City delegates to the County only those powers and responsibilities with respect to support services which are specifically enumerated in this Agreement. Any function not specifically delegated to and assumed by the County in writing pursuant to this Agreement shall remain the sole responsibility of the City. C. Services Provided — Payment of Medical Expenses. The Parties agree that the County will process routine medical expense payments for the City's LEOFF 1 Members, which for the purposes of this Agreement includes payments authorized by the City of Bremerton Pension Boards for medical procedures, physician services, prescriptions, clinic and hospital services, and long-term in- home and care facility services. The County agrees that it will refer any non- 1 LEOFF 1 MEDICAL PA YMENTS routine medical payment requests to the Pension Board Secretary (City Clerk) for review and disposition. The County may communicate with the City's LEOFF 1 members about payment requests made by the LEOFF 1 members. D. Fee. In 2010 City agrees to pay the County $4,000 annualiy plus $10 per claim as a fee for providing the payment services. The County and City will work together to create a system wherein the County receives the funding necessary to pay the medical expenses. The parties shall re-negotiate the fee structure annually for this Agreement as long as the annual contract amount falls within the departmental contract authority granted by the City Council and Board of County Commissioners. The services will be billed by invoice from the County on a quarterly basis and be due 30 days from receipt. E. implementation, Term, and Miscellaneous Provisions. 1. n a �. City of Bremerton Kitsap County City Clerk Kitsap County Risk Manager 345 6th St., Suite 600 614 Division St. MS-7 Bremerton, WA 98337 Port Orchard, WA 98366 2. Effective Date. This Agreement shall be effective from the date that it is (a) executed by the Parties and (b) recorded in the County Auditor's office or, alternatively, listed by subject on a public agency's web site or other electronically retrievable public source. The Mayor and County Commissioners shalt execute the Agreement pursuant to authorization by the legislative bodies of the two jurisdictions. 3. Term. The term for this Agreement shall be for five years, through December 2015, unless either party wishes to withdraw from the Agreement. Either party wishing to terminate the Agreement must provide a 90- day written notice to the other party. 4. Amendment. This Agreement may be amended by the express written agreement of both Parties, which will require authorization by the legislative bodies of the two jurisdictions. 5. Indemnification. County shall defend, indemnify and hold City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of County, its agents, employees, or sub-contractors in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. This indemnification and hold harmless shall apply regardless of whether the claim is brought pursuant to the Worker's Compensation Act, RCW Title 51, or otherwise, and County waives any immunity whatsoever with respect to such indemnification. 2 LEOFF 1 MEDICAL PA YMENTS City shall defend, indemnify and hold County, its officers, officials, employees and volunteers harmless from any and ali claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the City, its agents, employees, or sub-contractors in performance of this Agreement, except for injuries and damages caused by the sole negligence of County. This indemnification and hold harmless shall apply regardless of whether the claim is brought pursuant to the Worker's Compensation Act, RCW Title 51, or otherwise, and City waives any immunity whatsoever with respect to such indemnification. Neither party assumes responsibility to the other party for the consequences of any act or admission of any person, firm or corporation not a parly to this agreement. 6. Confidential Information. County acknowledges that it will handle confidential information while performing its responsibilities under this Agreement and agrees that it will comply with the provisions of State and Federal law as it relates to the handling and disclosure of confidential information provided to the County by the City. 7. Policies and Regulations. The provisions of this Agreement are not intended to and do not amend other City and County Policies. Other policies shall be interpreted and applied consistent with the terms of this Agreement. The City or the LEOFF 1 Pension Boards may adopt additional policies or regulations afFecting the payment of LEOFF 1 medical claims. The City will immediately notify the County of any changes to policy that may affect medical expense payments. 8. Attorneys Fees. In the event either of the Parties defaults on the performance of any terms of this Agreement or either party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys fees, costs and expenses. 9. Counterparts. This Agreement may be signed in counterparts, which taken together shall constitute the entire agreement. Signature by parties transmitted via facsimile or electronically shall be acceptable and binding. IN WYTNESS THEREOF, the Parties have executed this Agreement. CITY OF BREMERTON, a KITSAP COUNTY BOARD OF Washington municipal corporation COMMISSIONERS By: g Patty Lent, Mayor Josh Brown, Chair Date: Date: ATTEST: g ; Commissioner By: 3 � LEOFF 1 MEDICAL PA YMENTS City Clerk Date: Date : Approved as to fo�m: By: Commissioner By: City Attorney Date: Date : ATTEST: By: � Clerk to the Board Date : Approved as to form: By: Sr. Deputy Prosecuting Attorney Date: 4 LEOFF 1 MEDIC�4L PAYMENTS DATE SUBMITTED: Apri17, 2010 AGENDA BILL � � CITY OF BREMERTON CITY COLTNCIL .......................................................................................� SUBJECT: Grant of Easement to Puget Committee Meeting Date: April 14, 2010 Sound Energy (PSE) at Sewage Pump COiJNCIL MEETING Date: Apri121, 2010 Station SB3 site. Depa.rtment: PW&U Presenter: Michael Mecham Phone: 473-5315 SUMMARY: The City of Bremerton is constructing Sewage Pump Station SB3 at 3791 State Highway 3 W as part of the Gorst Sewerage Project. An easement �is necessary to provide power to the site. The requested action before the City Council is for granting an easement to Puget Sound Energy for installing and maintaining an underground power vault at the SB3 site to supply power to the pump station. ATTACHMENTS: 1.) Council Summary; 2.) Easement; 3.) Exhibit Map FISCAL IMPACTS (Include Budgeted Amount): The 2010 Budget for the Gorst Sewerage Project is $5,200,000. This is a no-cost easement. APPROVALS: DEPARTMENT DIRECTOR: � CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR , , � G� COUNCIL PRESIDENT: � CONSENT AGENDA [� .♦ GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to grant an easement to Puget Sound Energy to provide power to the SB3 site and authorize the Mayor to finalize and execute the easement with substantially the same terms and conditions as presented. . COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action COUNCIL SUMMARY Easement to Puget Sound Energy at Sewage Pump Station SB3 Site Summarv The city is constructing Sewage Pump Station SB3 in Gorst on City-owned property. There is no electrical power to the site; Puget Sound Energy (PSE) will supply power to the site for connection by the Contractor. An underground vault (handhole) owned by PSE will be placed on the north edge of the site in the planter strip. The City will grant an easement to PSE to install and maintain this vault. Fiscal Overview This work is part of the Gorst UGA Sewerage Project to install sewage pump stations and a collection system in the Gorst area. The 2010 budget for this project is $5,200,000. This project is funded by the American Recovery and Resources Act (ARRA). This is a no-cost easement. RETURN ADDRESS Puget Sound Energy, lnc. Attn: ROW Department 6522 Kitsap Way Bremerton, WA 98312 EASEMENT REFERENCE #: GRANTOR: CITY OF BREMERTON GRANTEE: PUGET SOUND ENERGY, INC. ' SHORT LEGAL: SE-NE-32-24N-01E ASSESSOR'S PROPERTY TAX PARCEL: 322401-1-078-2004 For and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid, CiTY OF BREMERTON, a municipal corporation ("Grantor' herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under, along across and through the following described real property ("Property" herein) in KITSAP County, Washington: THAT PORTION OF GOVERNMENT LOT 1, SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS NORTH 88°34'S0" WEST 519.25 FEET AND SOUTH 3°07'04" WEST 527.23 FEET FROM THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 1, SAID POINT BEING ON THE SOUTH MARGIN OF THE NAVY YARD HIGHWAY; THENCE SOUTH 3°07'04" WEST 103.99 FEET TO A POINT ON THE EASTERLY MARGIN OF SAID GOVERNMENT LOT 7; THENCE SOUTH 59°40' WEST 115.50 FEET; THENCE SOUTH 77°00' WEST 163 FEET; THENCE NORTH 60°20'04" WEST 82.23 FEET TO THE EAST MARGIN OF PORT ORCHARD-BREMERTON HIGHWAY; THENCE NORTH 29°79'45" EAST 91.50 FEET ALONG THE EAST MARGIN OF SAID HIGHWAY TO THE SOUTH MARGIN OF NAW YARD HIGHWAY; THENCE NORTH 76°45'30" EAST 201 FEET ALONG THE SOUTH MARGIN OF SAID HIGHWAY; THENCE NORTH 71 °14' EAST 100.60 FEET TO THE POINT OF BEGINNING; EXCEPT HIGHWAYS; EXCEPT PORTION LYING EASTERLY OF STATE HIGHWAY NO. 21; SITUATE IN THE COUNTY OF KITSAP, STATE OF WASHINGTON. Except as may be othenvise set forth herein Grantee's rights shall be exercised upon that portion of the Property ("Easement Area" herein) described as follows: A STRIP DESCRIBED AS THE WEST 10 FEET OF THE NORTH 54 FEET AND A STRIP DESCRIBED AS THE NORTH 10 FEET OF THE WEST 52 FEET OF THE ABOVE DESCRIBED PROPERTY. 1. Purpose. Grantee shall have the right to use the Easement Area to construct, operate, maintain, repair, replace, improve, remove, and enlarge one or more utility systems for purposes of distribution and sale of electricity. Such systems may include, but are not limited to: Underground Facilities. Conduits, lines, cables, vaults, switches and transformers for electricity; fiber optic cable and other lines, cabies and facilities for communications; semi-buried or ground- mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct such additional facilities as it may require for such systems. Grantee shali have the right of access to the Easement Area over and across the Property to enabie Grantee t+� �xercise its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of any and all brush, trees or other vegetatio� in the Easement Area. Grantee shall also have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area. 3. Grantor's Use of Easement Area. Grantor �eserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain any UG Electric 10/2003 buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written consent. 4. Indemni,ty. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others. 5. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five (5) successive years, in which event, this easement shall tertninate and all rights hereunder, and any improvements remaining in the Easement Area, shall reveR to or otherwise become the property of Grantor; provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its systems on the Easement Area within any period of time from the date hereof. 6. Successors and Assigns. Grantee shail have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. DATED this day of , 2010. GRANTOR: BY: PATTY LENT, MAYOR STATE OF WASHINGTON ) ) ss COUNTY OF KITSAP ) On this day of , 2010, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the person who signed as MAYOR, of CITY OF BREMERTON, a municipal corporation, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be her free and voluntary act and deed and the free and voluntary act and deed of the CITY OF BREMERTON for the uses and purposes therein mentioned; and on oath stated that SHE was authorized to execute the said instrument on behalf of said CITY OF BREMERTON. IN W ITNESS W HEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington Residing at My Appointment Expires: Notary seal, text and all notations must be inside 1" margins ru+. ►rote �z�� acmn�cc �a Fro� ww� W BELFAIR V/1LLEY ROAD l � u� �o "� �� �ec a� w� uuk � NotE �6 m �� Exisrnac a Fo� wux �7 S�l2NCE CONNECTfON ---- ' -------'--------- -------- - ,1� PER STANQARD DEfAp. I "" ----- �_ -- -"------- -- _---- ----___/,,�'�`2 � �� \e Y - - --- - -- - / _ � ,\�� J NOTE t ' � -/ - ���� - - 2•-PW �� /• � \ � � � � ' ��� � � \ �� ��� 0 ,,� 52 ,� � - ,z• I I / � \ \ � � �--- - - - - ,/ _ � o � NOTE 14 ; 3 1 0� �` STANDARQ 0 � SYP. /'� � �TECf �'\ r p�y� � `�� .�'� uR�aE11QLR1UN �•' t� � � �� i/ i �f \'� �2 i 9i // � •� �. ���... �l / � � �i " • IIAlDFOLD 6 � � •.�� / �(`� �� � p$�Q � �• i �"�� � pJ�o / � rr� c-a cuRe �2'-s� J% j' / , ��,� V /lNO� a �t sra�roar�o ce-� r %� \ ` DETAII 3135. TYP KQ7E 15 ' ` \ / u �;, • \ "'' ..� ,%' wo� e e ' j , , ..\ . ` �� "�•..` �'- � Ho� �� � y 5P � . / � CONTROL POINTS � . �� : � 22.s wrE �/ /�� � ' POINT NORTHING EASTING NOTES � % co, s� sro •,\ ' N�7E 5 - DETA14 6020 / �i� 1 198557.65 1779760.95 PAVENENT FLARE ,� �"� ��'-•. S� ' ' � �'�� 2 198548.43 1179769.45 SILT CONSTRUCTION FENCE � 1. IN5TN1 CATCH BAS1N PROTECTION PER WSDOT SfANpARD DEfAIL ,,\' / �, O � ' I-40.20-00. 3 798600.70 1179779.56 SILT CONSTRUCTION FENCE '\ � . � � 2. SEWfR TRENCH AND P/P£ BEDDINC PfR STANCIARD DETAILS 6060 4 198631.16 � 1179783.42 SILT CONSTRUCTION FENCE ,\• / � AND 6061. 570Rbf ORAfN 1R£NCH AND PlPE BEDDING PER � ��b ' ��� STANQ4RD DffAlLS 4080 AND 4081. IXCAYAIE AN ADDI110NAL 7 5 198640.18 1179835A2 PAVENENT FLARE D(IS�ING� ��' •. • i �'� / � �:��� � fT B£LOW TH£ P/P£ BEDDlNG ZONE SHOWN /N INE REFER£NCED / �� _ � � �� D£TAILS AND REPL4CE W/1Fl SHOULDER H4LLA57 AS R£OUIRED IN 6 198645.85 7479866.50 PAVEMEM FLqRE \ ,�1 /� APPENDIX A OF 7Hf SPEGf7CATlONS. ,�• / � f/ 3. SEE DRAWING SB3-M1 FOR PIPING DEfAILS. � �98����Z 1179973.89 SILT CONSTRUCTION fENCE i /� � ,\ 8 198654.54 1179981.79 SILT CONSTRUCTION FENCE �'� � � � � 4. WATER METER INSTALLED TO MATCH STANDARD OETAIL SD03 AND �� 5042. SEE LANDSCAPE DRAWINGS FOR IRRtGATION BACKFLOW ,�\� �: � �\ ' � / // �E � � PREVENTION. 9 1984548.10 1179845.98 SILT CONSTF2UCTION FENCE ,�• ' �� � � c� �` 5. HOSE BIB. 10 1984-41.65 1179710.17 ROW CORNER .` � . � /� � � / j�� 6. TEMPORARY EROSION AND SmIMENT CONTROL SHALL FOLLOW ALL 17 1gg547.56 1179766.84 SILT CONSTRUCTION FENCE �.,\ , • � f/ BEST MANAGEMENT PRACTCES (BMPs) AS REQUIRm BY DMSION 2 'S OF THE Cltt STANDARD SPECIFlCATIONS AND THE REOUIREMEMS OF �2 �ggsgp 7�7g79q.97 CURB �% �\ � /� �P,� THE WASHINGTON STATE DEPARiMENT OF ECOLOGY. / / 7. POROUS ASPHALT PAVENENT. SEE SPECIFlCATION SECTION 02513. t3 198552.96 1179809.71 CURB. EL 12.0 r �. / f �� Ce ' / ,r � j� �, '• •� NOTE�S�/ �j 14 798587J8 1179847.01 CURB. EL 12.0 �j \�`•. �L+, / 8. 8' STEEL GOOSENECK, SEE �'Y� , T'P OF 2. THE E%AUST aR 15 798610.51 1779867.14 CURB, EL 12.0 / � �' �\� �'� GOOSENECK SHALL BE A NINIMUM OF 70' FROM THE INTAKE � \ �07E �g GOOSENECK AND BUILDING DOORWAY. SEE DWG SB3-M7 FOR VENT 76 �gg621.36 1179845.72 CUR6, EL 11.5 i �j PIPING LAYOUT. / ' i: i' �/' �/%� 9� 2'-D CONCREfE ENCFSED BELOW fL00R SLAB. 17 198612.02 1179805.53 CURB, EL 72.0 /� 70. CONNECT TO EXISTING 8� PVC STUB-OUT WfTH FLEXIBLE COUPLING. �8 798564.22 117g805.39 CURB. EL 12.0 .// /'' ��� � � � RONAC. OR EQUAL �� �����. �/ �, .� 19 t98571.04 1179788.72 SW BUILDING CORNER � �.� 11. FINISH DRNE FLUSH WfTH IXFSTING GRADE. i //' NOTE i� �./ 20 198588.91 7779814.61 NE BUILDING CORNER �i � 72. SEE DWG C77, 'GORST SEWER PIPELINE' CONSTRUCTION DOCUNENTS, CfTY OF BREMERTON, FOR MH DETAILS. 21 198579.70 1179771.59 PAVENENT FLARE ��/ 13. OVERLAY ALL TRENCHWORK IN STREEf/RIGHT OF WAY PER /f .'�/ ' STANDARD DETVLLS 3153,3154, AND 3155 AS DIRECiED BY ZZ �98598.70 1779812.36 CENTER, WEf WELL %/ f � STANU4RD DEfNL 2005 ' ENGINEER. 23 198599.43 1179820.51 SW CORNER, VALVE VAULT f � �/ < 14. FILL TO GRADE WfTH TOP 3' AS CRUSHm SURFACING TOP COURSE 2q 7gg602.79 1179829.91 NE CORNER, VALVE VAULT �� PER STMIpqRD SPECIFlCATION SECTION 9-03.9(3). � /%� �� 15. 7YPE 1 CB WRH SOLID COVER PER STANDARD DEfAILS 4002 AND 25 �966��-63 1179829.49 SW CORNER, NEfER VAULT ��'' � 26 198614.73 1179837.25 SW CORNER, METER VAULT i �� � � � POROUS 0.SPHALT PAVEMENT i6. SLOPE GRADE TO DRAIN AS DIRECTED BY ENGINEER. �/ i � °O SHOULDER BALLAST Q 27 NOT USED I r /�// /j /�/� /� GEOTEXfILE FABRIC 1 » 1HE ABOVE GR40E PoR710N OF IX/57/NC BUILD/NCS Wl7H1N THf % ////� � �`�\����\��\��\��\�� NATNE SUBGRADE V�� OF CONS7RUC770N WILC 8E DEMOLISH£0 BY 7N£ OWN£R 28 NOT USED � /.� '' (DO NOT COMPAC» DEMOLISH 7HE BU FOUNpAT70NS WITHIN 29 1g8567.96 1179778.42 CURB � � 7NE UMITS OF CONSIRUC170N, FROM 7Hf EX1S77NG CRAD£ TO 2 FT �i ��' . HELOW 1HE GROUND SURFAC£. COMR4CTOR lS R£SPONSIBL£ TO 30 198678.34 1179795.98 CURB ��� �/, / �• OF lNSTAL�7H£ S T YM� 37 198629.69 7179859.25 CURB f/ � AND SNSTALLATION�REQUIRE ENTS.� ��R� INSIDf OF 7HE SIWCUT LlN£. SB SITE PLAN 3z 798609.16 „��o�.� �B-, � POROUS ASPHALT PAVEMENT �, t8' CONNECT CB TO EXISTING 6� PIPE. LOCATION SHOWN is � ���• APPROXIMATE. CONTRACTOR TO VERIFY LOCATION AND OEPTH OF PIPE AND INSTAL� qLL 12 AT DEPTH AND SLOPE AS DIRECTED 33 198528.43 7179804.68 CB-2 NO SCALE BY ENGINEER. CONFORMED DOCUMENTS REVISIONS o r r fIELD BOOK � CITY O� BREMERTON GORST UGA SEWERAGE PROJECT ��� NO DESCRIPTION DATE BY DEPARTMENT OF PUBLIC WORKS 8 IJTILITIES PUMP STATION SB3 /WD S64 � 1 ADDENDUM 1 70 200 BDB 7VW INCF�S AT FULL SCALE HDR Eiq'vblmp, dk. IFNOTSCALEA(�NGLV B"'� ENGINEERING DIVISION DRAWING N0. SF�ET � SCALE DRAWN BY: DESIGN Bv. HORIZ �/�RT CHECKED BY� z � DATE WASH P.E. /� WASH. P E /� a DATE SUBMITTED: 04-06-10 � AGENDA BILL � CITY OF BREMERTON CIT'Y COUNCIL .......................................................................................� SUBJECT: Basic Life Support Agreement Committee Meeting Date: 04-14-10 between the City of Bremerton and Handlers COUNCIL MEETING Date: 04-21-10 Racing Association Departrnent: Fire Presenter: A1 Duke, Fire Chief Phone: 473-5380 SUMMARY: This is an agreement between the City of Bremerton and Handlers Racing Association to provide one fire engine with a firefighter and one firefighter/EMT, at a minimum, on each race date. South Kitsap Fire & Rescue has been providing this service for a number of years, but it has now placed a strain on their services to fill these positions every weeke ril till October. The Handlers Racing Association is reimbursing the C' a rate of $100.00 an hour. Fire Department shall then hire individuals on overti e to o take away from the on- duty staffing. ATTACHMENTS: Agreement between the City of Bremerton and Handlers Racing Association. FISCAL IMPACTS (Include Budgeted Amount): This Agreement will generate approximately $18,300 in revenues and corresponding expenditures in the Fire Department. APPROVALS�: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: �� COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA —� GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the Basic Life Support Services Agreement Between the City of Bremerton and Handlers Racing Association with a corresponding budget adjustment and authorize the Mayor to finalize and execute the Agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN THE CITY OF BREMERTON AND HANDLERS RACING ASSOCIATION This Agreement is entered into among CITY of BREMERTON, a municipal corporation, hereinafter referred to as "CITY", and HANDLERS RACING ASSOCIATION, a Washington Nonprofit Corporation, and the principals in HANDLERS RACING ASSOCIATION, namely, GORDON HOWELL and BARBARA HOWELL, husband and wife, and HANDLERS RACING ASSOCIATION and the principals therein shall hereinafter be refened to as"ASSOCIATION", and shall each be jointly and severally liable for all obligations imposed upon the ASSOCIATION herein. The ASSOCIATION has requested the CITY to provide basic life support services at BREMERTON RACEWAY regarding raceway events to be held commencing in Apri12010, and concluding in October 2010. The scheduled race dates are set forth as follows: A ri123 Ma 14 June 18 Jul 16 Au ust 6 Se tember 24 A ri124 Ma 15 June 19 Jul 17 Au ust 7 Se tember 25 April 25 May 16 June 20 July 18 August 8 September 26 These said dates will hereinafter be referred to simply as "race dates". The CITY, through its career firefighters, has agreed to provide the services hereinafter set forth on the race dates. Now, therefore, in consideration of the foregoing recitals, and the promises and covenants of the parties hereinafter set forth, they agree as follows: 2010 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION Page I of 7 1. Services nrovided. The CITY, through its career fire fighters, will provide a fully equipped fire truck together with one firefighter and one Firefighter/EMT, at a minimum, on each race date indicated herein. CITY personnel at each race date event shall be prepared to provide basic life support services and be equipped with radio communications to request immediate response of advanced life support services in the event such services are required. The fire truck and firefighters will be prepared � to provide immediate fire protection. The response goal of the CITY's resources is 60 seconds from notification of incident. It is expressly understood the fire protection will be provided in a safe manner according to CITY standazd operating procedures. CITY personnel will also have the ability to request additional personnel and resources as required. � Notwithstanding anything to the contrary, however, if emergency conditions are present in the territorial areas served by the CITY on any race date, which conditions require the services of the equipment and personnel covered by this Agreement, then and in any such event, the services and equipment to be provided by the CITY on any such race date shall be withdrawn. In the event emergency conditions prevent the providing of CITY personnel and equipment, a representative of the CITY shall attempt to notify GORDON HOWELL or BARBARA HOWELL as soon as possible at (360) 674-2280. 2. Service times. On Friday race dates, the services to be provided by the CITY shall commence at 4 p.m. and shall end at approximately 9:00 p.m. The June 18 race event shall begin at 11 a.m. On the race dates falling on Saturdays, the services to be provided by the CITY shall commence at 9:00 a.m. and shall cease at approximately 2010 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN BREMERTON FIRE DISTRICT AND HANDLERS RACING ASSOCIATION � Page 2 of 7 6:00 p.m. On Sunday race dates, the services to be provided by the CITY shall commence at 9:00 a.m. and end at approximately 7:00 p.m. 3. Comnensation. For each race date event on which the CITY.provides the service identified herein, the ASSOCIATION shall compensate the CITY at $100.00 per hour. Compensation checks will be made payable to "City of Bremerton", and tendered to the CITY at 911 Park Ave. Bremerton, WA 98337, within 10 days of receiving an invoice from the CITY office. PROVIDED, HOWEVER, if the CITY representatives appeaz at a race event to provide the services called for herein, and if the races are canceled for any reason, or rained out, compensation shall be paid to the CITY at $100.00 per hour, with a minimum ' of 2 hours. � 4. Orientation bv ASSOCIATION. From time to time, the ASSOCIATION shall conduct orientations at Bremerton Raceway at times mutually agreeable to the ASSOCIATION and CITY, to allow CITY personnel who aze new to the facility to familiarize themselves with the different types of race cars and their characteristics, and the services they may be called upon to provide. On March 13 and March 27 from 10 a.m. to 3 p.m., the ASSOCIATION will conduct extended technical inspections at Grey Chevrolet parking lot. CITY personnel may inspect and orient themselves to all types of race cars participating in the ASSOCIATION events. 5. Location of DISTRICT nersonnel and eauiament on race dates. On each race date, the ASSOCIATION shall provide a safe area for the DISTRICT's equipment to be located and its personnel to observe the race events. The , 2010 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION Page 3 of 7 ASSOCIATION shall also provide to the CITY's personnel and its equipment an immediate response route to access racing equipment and spectators. 6. ASSOCIATION representative. An ASSOCIATION representative shall be designated and available throughout each race day event on which CITY services are provided, to meet with CITY personnel to answer any questions and address any concerns the CITY personnel may have. The ASSOCIATION representative designated on each race date shall seek to diligently solve any concerns raised by CITY personnel to the satisfaction of the CITY personnel. 7. Insurance covera�e. Prior to the commencement of the CITY's services hereunder, the ASSOCIATION shall deliver to the CITY, for review by the CITY's insurance representative, a copy of the ASSOCIATION's insurance policy covering race day events which policy shall provide acceptable coverage for CITY property damaged at any race day event, liability coverage for the benefit of CITY personnel regazding any and all property damaged by CITY personnel, liability coverage regarding any injury to persons caused by CITY personnel, and coverage for any injuries occurring to CITY personnel. Prior to commencement of the CITY's services identified herein, the said insurance policy must be reviewed and accepted in writing by the CITY's insurance representative, to its satisfaction. The said insurance policy must also provide that it will - not be canceled or altered in any fashion without first providing to the CITY thirty days advance written notice. 8. Hold harmless. In addition to the insurance coverage provided in section 7. hereof, the ASSOCIATION shall fully and completely hold the CITY, its personnel, 2010 BASIC LIFE SUPPORT SERVICES AGREEMENT QETWEEN BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION Page 4 of 7 and CITY representatives harmless from any and all liability, or every kind and nature whatsoever, to which the CITY, its personnel, or representatives are subjected, or are threatened to be subjected to, because of the services provided herein and the attendance of the CITY and its personnel and equipment at such events. 9. Termination. This Agreement, and the services to be provided by the CITY herein, except as provided below, shall terminate at the conclusion of the last race date event on October 3, 2010. Provided, however, and notwithstanding anything to the contrary herein, either party may terminate this Agreement and the services and obligations contained herein by providing the other party with written advance notice of its intent to terminate this Agreement at least ten (10) days prior to the termination date. All said termination notices, and other written notices, shall be directed to the parties at the following address: Handlers Racing Association at P.O. Box 344, Burley, WA 98322; and to City of Bremerton at 911 Park Ave., Bremerton, WA 98337. 10. Cooneration of the aarties. The parties hereto shall strive to cooperate with one another at all times so that the terms and spirit of this Agreement may be fully implemented in a safe and harmonious manner. 11. Comatete Asreement. This Agreement constitutes the full and complete Agreement of the parties and shall supersede any prior verbal or written agreements and understanding of the parties regarding the matters contained herein. Any changes or amendments hereto shall be in writing and signed by all parties. 12. Legal action. In the event legal action becomes necessary to enforce the terms of this Agreement, or regazding the terms of this Agreement, the prevailing party in any 2010 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN BREMERTON FIRE DEPARTMEN T AND HANDLERS RACING ASSOCIATION Page 5 of 7 such action shall be entitled to receive from the losing party its reasonable attorney fees and costs involved in the action. The venue for any such action shall lie in Kitsap County, Washington. 13. Authoritv to sien. The individuals signing this document in a representative capacity, hereby warrant and represent that they possess full legal authority to bind their respective organizations to terms hereof. The CITY approved the terms of this Agreement at its CITY commissioners meeting held on the _ day of , 2010. CITY: Date of signing: March , 2010 By: Its: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk 2010 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION Page 6 of 7 r HANDLERS RACING ASSOCIATION: Date of signing: March 1, 2010 bY: i'��1 � GORDON E. HOWELL President b : u,�iv �� Y BARBARA F. HOWELL Secretary/Treasurer PRINCIPALS IN ASSOCIATION: by� __�!��� �1C�..,-t.G� Date of signing: March 1. 2010 GORDON E. HOWELL Address: 2219 SW Pine Road Port Orchard, WA 98367 Phone no.: (360) 340-4462 , by: ��t,�. Date of signing: Mazch 1. 2010 BARBARA F. HOWELL Address: 2219 SW Pine Road Port Orchard, WA 98367 Phone no.: (360) 340-4463 � 2010 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION • Page 7 of 7 � � DATE SUBMITTED: Apri12, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Authorize the Mayor to execute Committee Meeting Date: April 14, 2010 and accept quit claim deeds to implement the COUNCIL MEETING Date: Apri121, 2010 boundary line adjustment in conjunction with Department: City Attorney's Office the development of l and Pacific Avenue. Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: As part of the development of 1 St and Pacific Avenue and redevelopment of 190 Pacific Avenue, the City has initiated a boundary line adjustment to allow better use of the site. To implement the boundary line adjustment, Quit Claim Deeds must to be executed and accepted in conjunction with the boundary line adjustment. ATTACHMENTS: Map showing current and revised boundary lines, map identifying parcels requiring execution of quit claim deeds; Proposed Quit Claim Deeds FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR �/• � L COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to authorize the Mayor to execute and accept quit claim deeds to implement the boundary line adjustment in conjunction with the development of l and Pacific Avenue. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action --� � �. � .� __�__ �. �. � _ 2r� d S t re e t � - a� �� � � B 9 f0 il � � ORIGlNAL PLATTfO pR POS£D `c LOT LINES pR fRTY L NES I � 6 O � (E ST LfNE �F AL EY ER LAT) � Q � � P ���' � I � , . �HI�I7� 5 ��P' � , ,p�� ;1 ���,;� I �� BOUNDARY LINE ADJUSTMENT � U ���� �...- �� � PORTION OF BLO K °� 4 EXlST. PROPERTY LINES L I--• C � � 6,00 —- 61.00_ T_ ��� p6 J 25 24 23 PLAT OF THE TOWN OF BREMERTON � 3 � U P¢ �E� �� PR �E � --�-�-� ----- 5 I I SEC.13 & 24,T.24N.,R.1 E,W.M. I 2 E� "E� 14 13 � "� PPR� I I 2 Z r�^ 5£CTION 13 ✓ L`'�' SECTlON 24 I f — -- 14 L�_ CITY OF BREMERTON 03/10- G.F./S.J. � s t S tre e t C�,.t «�� �o�►,r.�,o,c.�uc�s r"'' ��v�s�d �ov.r�L:a ��S `r�1U;i I :� ��� .,.. _.. .. __ . _�... ....� .....___. . _,. . _.�....... ... ._._ . _. .._...... _.._ ......... .�..... �„ ¢ ��� f , i 2r� d�S tre e t ,� � I �� � � g � � � �� - .. � ���� � . ��,�.c� � � -�,,� `��� - � �, � , � � `� �. � � t �.�, � �t "'� . � � � �,! j �' ,�- ; �'. �'� � ' ` ` ', � ��•' -r`� ' � � ?il(j t, �� { t~ t� `S � � ; ,� . ��•�.'�� � ` � '"`� � _ Z� ` Z� '� � 2Ua (Y �,,��~ � � . � . �� ���� �� � � �� ����� ?c��a � � >�� � _ G� ,� �, �`�°I ' �� ��6 I ��� �� � � �� �° �� _____.__.__.w.,_�. . .. � � �, � ;-� �° � � � G I , _ ,, � C'` `1 �n� ������---.�-.�...._ _ i � °` _.__ __� -- -- -- � , ---��....�..�..�- - - - - - � � � s t Stre t �,�...___._.______ _..___._ ---�.__ _�__.__._.__.___ � _ _ _ WHEN RECORDED RETURN TO: Bremerton City Clerk 345 6 th Street, Suite 600 Bremerton, Washington 98337 Grantor: Kitsap Community Federal Credit Union, a Federally Chartered Credit Union Grantee: City of Bremerton Abbreviated Legal Description: Portion of Gov't. Lot 3(SW'/a ofthe SW'/4), Sect.13, T 24 N, R 1 E, W.M., Kitsap County, Washington. Additional Legal Description on page _1 of Document. Assessor's Tax Parcel ID No. 3718-009-008-0109 QUIT CLAIM DEED (Individual) The Kitsap Community Federal Credit Union ("Grantor"), a Federally Chartered Credit Union, for and in consideration of mutual benefits derived and/or other valuable consideration, receipt which is hereby acknowledged Grantor, conveys and yuit claims to City of Bremerton, a Washington Municipal Corporation, their successors and assigns, the following described real estate, situated in Kitsap County, Washington State. The vacated alley lying adjacent to and abutting the west line of Lot 8, Block 9, of the Plat of the Town of Bremerton as recorded in Volume 2, of plats, Page 30, records of Kitsap County, Washington, situate in Government Lot 3, Section 13, Township 24 North, Range 1 East, W.M., Kitsap County, Washington. This conveyance is subject to a 30 foot building height limitation on this portion of the vacated ailey in favor of the grantor, with the 30 foot being measured from the sidewalk elevation at the northeast corner of the vacated alley. Kitsap Credit Union to City of Bremerton Quit Claim Deed — TL008 Page 1 oj2 GRANTOR: by DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day of , 2010, before me a Notary Public in and for the State of Washington, personally appeared to me known to be the of Kitsap Community Federal Credit Union, a Federally Chartered Credit Union that executed the foregoing iristrument, and aclaiowledged it to be the free and voluntary act and deed of the corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he/she/they was/were authoriied to execute said instrument. -Notary Seal Must Appear Wilhin This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires Kitsap Credit Union to City of Bremerton Quit Claim Deed — TL008 Page 2 of 2 WHEN RECORDED RETURN TO: Bremerton City Clerk 345 6` Street, Suite 600 Bremerton, Washington 98337 Grantor: Kitsap Community Federal Credit Union, a Federally Chartered Credit Union Grantee: City of Bremerton Abbreviated Legal Description: Portion of Gov't. Lot 3(SW'/a of the SW'/4), Sect.13, T 24 N, R 1 E, W.M., Kitsap County, Washington. Additional Legal Description on page _1 of Document. Assessor's Tax Parcel ID No. 3718-009-026-0008 QUIT CLAIM DEED (Individual) The Kitsap Community Federal Credit Union, a Federally Chartered Credit Union ("Grantor"), for and in consideration of mutual benefits derived and/or other valuable consideration, receipt which is hereby acknowledged Grantor, conveys and quit claims to City of Bremerton, a Washington Municipal Corporation, their successors and assigns, the following described real estate, situated in Kitsap County, Washington State. The vacated alley lying adjacent to and abutting the west line of Lot 26, Block 9, of the Plat of the Town of Bremerton as recorded in Volume 2, of plats, Page 30, records of Kitsap County, Washington, situate in Government Lot 3, Section 13, Township 24 North, Range 1 East, W.M., Kitsap County, Washington, lying northerly of the extension of the south line of the north 6 feet of Lot 3 of said Block 9. This conveyance is subject to a 30 foot building height limitation on this portion of the vacated alley in favor of the grantor, with the 30 foot being measured from the sidewalk elevation at the northeast corner of the vacated alley. Kilsap Credit Union to City of Bremerton Quit Cfaim Deed — TL026 ' Page 1 of 2 GRANTOR: by DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day of , 2010, before me allotary Public in and for the State of Washington, personally appeared � to me known to be the of Kitsap Community Federal Credit Union, a Federally Chartered Credit Union that executed the foregoing instrument, and acknowledged it to be the free and voluntary act and deed of the corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he/she/they was/were authorized to execute said instrument. -Notmy Seal Must ApFear Within Thi.s Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires Kitsap Credit Union to City of Bremerton Quit Claim Deed — TL026 Page 2 of 2 WHEN RECORDED RETURN TO: Bremerton City Clerk 345 6` Street, Suite 600 Bremerton, Washington 98337 Grantor: Kitsap Community Federal Credit Union, a Federally Chartered Credit Union Grantee: Tim Ryan Properties, L.P., a Washington Limited Partnership Abbreviated Legal Description: Portion of Gov't. Lot 3(SW'/4 of the SW'/4), Sect.13, T 24 N, R 1 E, W.M., and Gov't. Lot 1, Sect. 24, T 24 N, R 1 E, W.M., Kitsap County, Washington. Additional Legal Description on page _1_ of Document. Assessor's Taz Parcel ID No. 3719-009-026-0008 QUIT CLAIM DEED (Individual) The Kitsap Community Federal Credit Union, a Federally Chartered Credit Union ("Grantor"), for and in consideration of mutual benefits derived and/or other valuable consideration, receipt which is hereby aclmowledged Grantor, conveys and quit claims to Tim Ryan Properties, L.P., a Washington Limited Partnership, their successors and assigns, the following described real estate, situated in Kitsap County, Washington State. The vacated alley lying adjacent to and abutting the west line of Lot 26, Block 9, of the Plat of the Town of Bremerton as recorded in Volume 2, of plats, Page 30, records of Kitsap County, Washington, situate in Government Lot 3, Section 13, Township 24 North, Range 1 East, W.M., Kitsap County, Washington, lying southerly of the extension of the south line of the north 6 feet of Lot 3 of said Block 9. Kitsap Credit Union to Tim Ryan Properties Page 1 of 2 GRANTOR: by DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day of , 2010, before me allotary Public in and for the State of Washington, personally appeared to me known to be the of Kitsap Community Federal Credit Union, a Federally Chartered Credit Union that executed the foregoing instrument, and acknowledged it to be the free and voluntary act and deed of the corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he/she/they was/were authorized to execute said instrument. -Notary Seal Mus� Appear Within This Bo�r- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires Kitsap Credit Union to Tim Ryan Properties Page 2 oj2 WHEN RECORDED RETURN TO: Bremerton City Clerk 345 6`� Street, Suite 600 Bremerton, Washington 98337 Grantor: Tim Ryan Properties, L.P., a Washington Limited Partnership Grantee: City of Bremerton Abbreviated Legal Description: Portion of Gov't. Lot 3(SW 1 /a of the S W'/4), Sect.13, T 24 N, R 1 E, W.M., and Gov't. Lot 1, Sect. 24, T 24 N, R 1 E, W.M., Kitsap County, Washington. Additional Legal Description on page _1 of Document. Assessor's Tax Parcel ID No. 3718-009-001-0007 QUIT CLAIM DEED (Individual) The Tim Ryan Properties L.P. ("Grantor"), a Washington Limited Partnership, for and in consideration of mutual benefits derived and/or other valuable consideration, receipt which is hereby acknowledged Grantor, conveys and quit claims to City of Bremerton, their successors and assigns, the following described real estate, situated in Kitsap County, Washington State. The west 61 feet of Lots 1 and 2, Biock 9, of the Plat of the Town of Bremerton as recorded in Volume 2, of plats, Page 30, records of Kitsap County, Washington, situate in Government Lot 3, Section 13, Township 24 North, Range 1 East, W.M., Kitsap County, Washington. Tinr Ryar� Properties to City of Bremerton Page 1 oj2 GRANTOR: by DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) � � � On this day of , 2010, before me allotary Public in and for the State of Washington, personally appeared to me known to be the of Tim Ryan Properties, L.P., a Washington Limited Parknership that executed the foregoing instrument, and acknowledged it to be the free and voluntary act and deed of the corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he/she/they was/were authorized to execute said instrument. -Notary Seal Must Appear Wilhin Thrs Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires Tim Ryan Properties to City ojBremerton Page Z of 2 WHEN RECORDED RETURN TO: Bremerton City Clerk 345 6` Street, Suite 600 ,� �, Bremerton, Washington 98337 � z �� �� . � ., Grantor: City of Bremerton • � � � �� � � � .� _� ,, ; ' �> Grantee: Tim Ryan Properties, L.P., a Washington Limifed Partnership Abbreviated Legal Description: Portionof�ov't. Lot 3(SW'�afthe SW'/4), Sect.13, T 24N, R 1 E, W.M., Kitsap County, Washington. . .. " � � Additional Legal Description on page _l� � Document -� ,. � - � Assessor's Tax Parcel � No. 3'11�009-003-01"04 ,��-'—. , � t l \ � 1 i � - � . � a � �. - � / �� C1rtJIT CLAIM DEED . -; " ��, .` , . � .. � �, , (Individual) � ` The Cityof.Bremerton ("Giantor"), a Washington Municipal Corporation, for and in consideration of mutual benefits derived and/or other valuable consideration, receipt which is hereby acknowledged Grantor, conveys and quit claims to Tim Ryan Properties, L.P., a Washington Limited Partnership, their successors and assigns, the following descrilied real estate, situated in Kitsap County, Washington State. Lot 3, Block 9, of the Plat of the Town of Bremerton as recorded in Volume 2, of plats, Page 30, records of Kitsap County, Washington, situate in Government Lot 3, Section 13, Township 24 North, Range 1 East, W.M., Kitsap County, Washington, together with that portion of the vacated alley which attached by operation of law; Except the westerly 61 feet. City ojBremerta� to Tim Ryan Properties Page 1 of 2 GRANTOR: Patty Lent City of Bremerton Mayor �,, ,,: �� ` STATE OF WASHINGTON ) ��, ��-:�?�_� � - ) ss. a �� �����, COUNTY OF KITSAP ) ��� ��� ;�' ����� �� ��� On this day of ��10, before me a Notary�Pttblic in and for the State of Washington, personally appeazed ..:.°:'�=�:r�: �,� to'm��'iown to be �°,�. e.n�, >�. the individual(s) that executed the foregoing instrwnent;�"and ac owledged it to �ie the free and voluntary act, for the uses and purposes mentioned in� tlu� ��is�trument, and on oath stated that he/she/they were authorized to execute said instrument. ��;�:�� , ' �� 'L U 4 �'` ^ Y Y+� 'e'¢8 ��,�.?�. . .��`..'� �'���'� kr -t�a *�. -Notary Seal Must Appear Within Thi.s Bax- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and yeaz first above written. NOTARY PUBLIC, in and for the State nf Wachinotnn rPCir�ina at %�� � �z ; °�"��'� °'%`#���., �,� '=-���ya � ,,;}� 'F�,,'�,�� APPROV''E� AS TO F �� x�� OR1VI.� �'� �,; =�;���;�; � <, �... x,, .;:� .a� ��Yxz� F-x� ,_,� � - d Roger A Lubovich � �`'�`� � City Attomey fX`�� � City of Bremerton to Tim Ryan Properties Page Z of 2 DATE SUBMITTED: March 30, 2010 �� AGENDA BILI. � CITY OF BREMERTON CITY COUNCIL ■e �� a � ar ���� re �����e���a������r��������������s����r�e����e����oe���r���aer��e������� o � a ����� ,�IO. 510� SUBJECT: Ordinance Imposing Local Committee Meeting Date: April 14, 2010 Sales and Use Tax for Utilizing Local COIJNCIL MEETING Date: April 21, 2010 Revitalizing Financing for Park Plaza Project Department: Financial Services Presenter: Barbara Stephenson Phone: 360.473.5722 SUMMAg2Y: RCW Chapters 39.104, 82.14.505 and 82.14.510 authorize the imposition of local sales and use tax for the purpose of financing improvements within a designated Revitalization Area. The local sales and use tax is credited against the sales and use tax otherwise due to the State, resulting in no net change in tax to the ta��payer. The City has satisfied all prerequisites to imposing the tax and therefore prior to July 1, 2010, the City intends to incur general indebtedness and to issue bonds to finance the public improvements. The City will retire such indebtedness in whole or in part from the Local Revitalization Financing it receives. The sales and use taac authorized by this ordinance shall be imposed and hecome effective as of July 1, 2010. ATTACHMENTS: Ordinance No. ' ( � � �ISCAL IMPACTS (Include Budgeted Amount}: None APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: •---- MAYOR: /� CONIlVIITTEE CHAIR ��� C� ✓ � � COUNCIL PRESIDENT: CONSENT AGENDA ❑ GENERAL BUSINESS� PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to pass Ordinance No. 5( � D imposing the local sales and use tax to be credited against the State sales and use tax for purposes of utilizing Local Revitalization Financing. COUNCIL ACTTON: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. ' I b � AN ORDINANCE of the City of Bremerton, Washington, imposing the local sales and use tax to be credited against the state sales and use tax for purposes of utilizing Local Revitalization Financing under chapter 39.104 RCW and providing for other matters properly relating thereto. THE CITY COUNCIL OF TF� CITY OF BREMERTON, WASHINGTON (THE "CITY") DOES ORDAIN as follows: Section 1. Definitions. Certain capitalized terms not otherwise defined in this ordinance have the meanings given in RCW 39.104.020. Section 2. Findings. The City Council of the City hereby makes the following findings and determinations: 2.1 Chapter 39.104 RCW and RCW 82.14.505 and 82.14.510 authorize the imposition of a local sales and use tax (the "LRF Tax") for the purpose of fmancing certain public improvements located within a Revitalization Area ("RA"), upon the satisfaction of certain conditions set forth therein. This local sales and use tax is credited against the sales and use tax otherwise due to the State under chapters 82.08 and 82.12, resulting in no net change in tax rate to the taxpayer. 2.2 Pursuant to this authority, the City, by Ordinance No. 5088, passed on August 19, 2009 (the "RA Ordinance"), previously created the Bremerton Harborside Revitalization Area, for the purpose of financing public improvemerrts located within the RA, which are set forth in the RA Ordinance. 2.3 The City submitted its application for the use of Local Revitalization Financing pursuant to RCW 39.104.100 and 82.14.505 on August 25, 2009, and the DepartmeYrt of Revenue (the "Department") approved such applicaiion on September 16, 2009, grariting a project award in the amou�t of $330,000. 2.4 T'he City Council finds that the City has satisfied all prerequisites to imposing the LRF Tax and receiving the State Contribution, including without limitation, the conditions set forth in chapter 39.104, RCW 82.32.765, 82.14.505, 82.14.510 and 82.14.515. 2.5 Prior to July 1, 2010, the City intends to incur general indebtedness, and to issue bonds, pursuant to RCW 39.104.110 in a maximum principal amount not to exceed $7,950,000 to finance the public improvements. The City fiuther intends to retire such indebtedness in whole or in part from Local Revitalization Financing it receives. Section 3. State-Shared Sales and Use Taz Imposed as of July 1, 2010. The sales and use t� authorized under RCW 82.14.510 is imposed as of July 1, 2010, as follows: 3.1 Effective Date and Duration. The sales and use tax authorized by this ordinance sha11 be imposed and become effective as of July 1, 2010. The tax imposed under this ordinance expires the earlier of the date that the bonds issued under the authority of RCW 39.104.110 are retired or July l, 2035, the date ttiat is ZS years after the tax is first imposed. 3.2 Rate. The tax rate shall initially be set at 0.051% of the selling price (in the case of a sales tax) or value of the article used (in the case of a use tax). The tax rate may be adjusted by ordinance of the City Council from time to time so that it is set at the rate rea.sonably necessary to receive the State Contribution over 10 months, in accordance with RCW 82.14.510(3). 3.3 Use of LRF Tax Receipts. In accordance with RCW 82.14.515, receipts of the LRF Tax shall be applied to provide for the paymecrt of debt service on bonds issued under RCW 39.104.110. 3.4 Other Statutory Re uirements. (1) In accordance with RCW 82.14.510(6): (a) The LRF Tax authorized by this ordinance shall first be imposed on July 1, 2010, which is the first day of a State fiscal year. (b) The cumulative amoum of LRF Tax distributions received by the City in any fiscal year shall not exceed the amount of the State Contribution to the City. (c) The LRF Tax shall cease to be distributed to the City for the remainder of any State fiscal year in which: (i) The amount of tax received by the City equals the amount of the State Contribution; or (ii) The amount of revenue distributions to all Sponsoring and Cosponsoring Local Governments from taxes imposed under RCW 82.14.510 equals the Annual State Comribution Limit. (2) The LRF Tax shall be distributed again, should it cease to be distributed for any of the reasons provided in RCW 82.14.510(6�c), at the beginning of the next State fiscal year, subject to the restrictions in RCW 82.14.510. (3) Any revenue generated by the LRF Tax in excess of the amoutrts specified in (1)(c) of this subsection 3.4 shall belong to the State of Washington. (4) In accordance with RCW 82.14.510(9), if the City fails to comply with RCW 82.32.765, no tax will be distributed in the subsequerrt fiscal year until such time as the City complies and the department calculates the State Contribution amount for such fiscal year in accordance with RCW 82.14.510(10). Section 4. Delivery of Ordinance. The City Clerk is directed to cause a certified copy of this ordinance to be delivered to the State of Washington Department of Revenue and any other public officers or agencies require� by law. Section 5. Ratification. All actions heretofore taken in furtherance thereof and not inconsistent with the provisions of this ordinance are hereby ratified and confirmed in a11 respects. Section 6. Validity. If any provision of this ordinance shall be declared by any court of competent jurisdiction to be invalid, then such provision shall be null and void and shall be separable from the remaining provisions of this ordinance and shall in no way affect the validity of the other pmvisions of this ordinance, of any bonds issued in anticipation of receipt of distributions from LRF Taxes or of the use of Local Revitalization Financing to finance the public improvements. Section 7. Effective Date. This ordinance shall become effective ten days after its passage and publication as required by law. APPROVED by the City Council the day of , 2010 PASSED by the City Council the day of , 2010 1vICK WOFFORD, Council President Approved this day of , 2010 PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: CAROL ETGEN, City Clerk Foster Pepper PLLC, as Bond Counsel PUBLISHED the day of , 2010 EFFECTIVE the day of , 2010 ORDINANCE NO. CERTIFICATION I, the undersigned, City Clerk of the City of Bremerton, Washington (the "Cit}�'), hereby certify as follows: 1. The attached copy of Ordinance No. (the "Ordinance") is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on Apri121, 2010, as that ordinance appears on the minute book of the City; and the Ordinance will be in full force and effect five days after publication in the City's official newspaper; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the passage of the Ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2010. CITY OF BREMERTON, WASHINGTON Carol Etgen, City Clerk SI0562983 DATE SUBNIlTTED: March 30, 2010 �� AGENDA BII..L CITY OF BREMERTON CITY COUNCIL e��������������e������o���■ ■���������������������������������������oo�o��e����������������� a , �tog SUBJECT: Ordinance Au the Committee Meeting Date: April 14, 2010 Issuance and Sale of Limited Tax General COLJNCIL MEETING Date: April 21, 2010 Obligation Bonds for the Park Plaza Project Department: Financial Services and Establishing the Terms of Sale of t e Presenter: Barbara Stephenson Bonds � � Phone: 360.473.5722 /�/� l/ Y? � t Cb V Ir' f'"' SUMMARY: RCW Chapters 39.104, 82.14.505 and 82.14.510 authorize the imposition of local sales and use t� for the purpose of financing improvements within a designated Revitalization Area. The local sales and use tax is credited against the sales and use tax otherwise due to the State, resulting in no net change in tax to the taxpayer. The City adopted an ordinance imposing the Local Revitalization Fund Tax to be collected beginning July 1, 2010, and expects to receive not to exceed $330,000 annually. The City Council deems it to be in the best interest of the City to borrow money by the issuance of limited tax general obligation bonds in a principal amount not to exceed� q,1��0, C�o and to pledge to the repayment of the proceeds of the tax in order to provide funds to finance the Park Plaza Project, Lions Park renovations and to pay costs of issuing and selling the bonds. ATTACHMENTS: Ordinance No. 5 � 0� FISCAI, IMPACTS (Include Budgeted Amount): Up to $�I�(�UD,l� APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: � COIVIlVBTTEE CHAIlt � C ��� -� � ����'� COUNCIL PRESIDENT: CONSENT AGENDA ❑ GENERAL BUSINESS � PUBLIC HEARING ❑ RECOA�IlVIENDED MOTION: Move to pass Ordinance No. J � 0 q providing for the issuance and sale of not to exceed $'�,�oo,�' limited tax general obligation bonds of the City to provide funds with which to pay a portion of the costs of constnicting a parking facility and Lions Park renovation; c�d�- providing for the additional pledge of the sale of certain sales and use taa�es; and providing for the P urc.G�s�.s� terms of sale of the bonds. a�d r�ivto va�i"or, o F b w; t d.�,� d �� Gl S 2dl �t S 7� r►�lvn iG (�t.I Ct� �-- COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action hov,�Q� CTTY OF BREMERTON, WASHINGTON ORDINANCE NO. ��' / � � AN ORDINANCE of the City of Bremerton, Washington providing for the issuance and sale of not to exceed $9,600,000 limited tax general obligation bonds of the City to provide funds with which to pay a portion of the costs of constructing a parking facility and purchasing and renovating a building to be used as a municipal courthouse; pmviding for the additional pledge of the proceeds of certain sales and use taxes; and providing for the terms of sale of the bonds and other properly related matters. � Passed Apri121, 2010 This document prepared by: Foster Pepper PLLC 1111 Third Avenue, Suite 3400 Seattle, Washington 98101 (206) 447-4400 51036002.8 � C TABLE OF CONTENTS Pase Section1 . Definitions ............................................................................................................... 3 Section2. Debt Capacity .......................................................................................................... 6 Section 3. Authorization and Description of Bonds ................................................................ 7 Section 4. Bond Sale Resolution .............................................................................................. 8 Section 5. Registration and Transfer or Exchange of Bonds ................................................... 9 Section 6. Mutilated, Lost, Stolen and Destroyed Bonds ...................................................... 12 Section7. Payment of Bonds ................................................................................................. 13 t Section 8. Redemption Provisions and Purchase of Bonds ....................................:..............13 Section 9. Notice and Effect of Redemption ............................. ............. 15 ............................... Section 10 . Failure To Pay Bonds ............................................................................................ 16 Section 11 . Pledge of Full Faith and Credit; Additional Pledges of Taxes ............................. 17 Section 12 . Form and Execution of Bonds .............................................................................. 17 Section13 . Bond Registrar ...................................................................................................... 19 Section 14 . Preservation of Tax Exemption for Interest on Tax-Exempt Bonds ..................... 20 Section 15 . Refunding or Defeasance of the Bonds ................................................................ 21 Section 16 . Bond Fund and Deposit of Bond Proceeds ........................................................... 22 Section 17 . Sale of the Bonds .................................................................................................. 23 Section 18 . Undertaking to Provide Continuing Disclosure .................................................... 24 Section 19 . General Authorization ........................................................................................... 29 Section 20 . Effective Date of Ordinance ................................................................................. 29 -i- s ioseaoz.e CTTY OF BREMERTON, WASHINGTON ORDINANCE NO. 5l Oq AN ORDINANCE of the City of Bremerton, Washington pmviding for the issuance and sale of not to exceed $9,600,000 limited tax general obligation bonds of the City to provide funds with which to pay a portion of the costs of constructing a parking facility and purchasing and renovating a building to be used as a municipal courthouse; providing for the additional pledge of the pmceeds of certain sales and use taxes; and providing for the terms of sale of the bonds and other properly related matters. WHEREAS, the City of Bremerton, Washington (the "Cit�'), is in need of funds with which to finance the Pmjects (as defined in Section 1, below), and the City does not have available suffcient funds to pay the costs; WHEREAS, chapter 39.104 RCW and RCW 82.14.505 and 82.14.510 authorize the imposition of a local sales and use tax (the "LRF Tax") for the pwpose of financing certain public improvements located within a"revitalization area," upon the satisfaction of certain conditions set forth therein. This local sales and use tax is credited against the sales and use tax otherwise due to the State under chapters 82.08 and 82.12, resulting in no net change in tax rate to the taxpayer; WHEREAS, the City Council previously adopted Ordinance No. 5088 on August 18, 2009, creating a Revitalization Area within the City and submitted its application, pursuant to RCW 82.14.505 on August 25, 2009, to use Local Revitalization Financing (as defined in Section 1 below) to finance the Projects; WHEREAS, the Washington State Deparhnent of Revenue approved the City's application to use Local Revitalization Financing on September 16, 2009, granting a project award in the amount of $330,000 per year; WHEREAS, the City is adopting an ordinance on the date hereof imposing the LRF Tax, to be collected beginning July 1, 2010, and expects to receive not to exceed $330,000 annually, which funds may only be used to repay indebtedness issued to finance public improvements in the revitalization area; WHEREAS, the City has applied for a$2,500,000 federal grant for the Projects and if such grant is received the amount of bonds issued will be reduced accordingly; and WHEREAS, the City Council deems it to be in the best interests of the City to borrow money by the issuance of limited tax general obligation bonds in a principal amount not to exceed $9,600,000 in order to provide funds to finance the Pmjects and to pay costs of issuing and selling the bonds; NOW, THEREFORE, -1- 51058402.8 THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SecNon 1. Definitions. As used in this ordinance, the following terms shall have the following meanings: "Bond Fund" means the Limited Tax General Obligation Bond Fund, 2010, created by this ordinance for the payment of the Bonds. "Bond Register" means the books or records maintained by the Bond Registrar containing the name and mailing address of the owner of each Bond and the principal amount and number of Bonds held by each owner. "Bond Registrar" means the Fiscal Agent. "Bond Sale Resolution" means the resolution or resolutions of the City Council adopted pursuant to this ordinance to specify certain additional provisions of each series of the Bonds and their sale. "Bonds" means the limited tax general obligation bonds issued pursuant to and for the purposes provided in this ordinance. `Build America Bonds" means the Bonds of any series to which the City irrevocably elects to have Section 54AA of the Code apply. "Cit�' means the City of Bremerton, Washington, a municipal corporation duly organized and existing under and by virtue of the laws of the State. . "City Council" means the City Council of the City, as duly aad regularly constituted from time to tune. "Code" means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. "DTC" means The Depository Trust Company, New York, New York. "Finance Director" means the City Financial Services Director, or any other officer who succeeds to substantially all of the responsibilities of that office specified in this ordinance. "Fiscal AgenY' means the fiscal agent of the State, as the same may be designated by the State from time to time. "Letter of Representations" means the Blanket Issuer Letter of Representations dated November 19, 1997, between the City and DTC, as it may be amended from time to time. "Local Revitalization Financing" or "LRF" has the meaning given in RCW 39.104.020. -2- 51058402.8 "Local Revitalization Financing Tax" or "LRF Tax" means the sales and use tax, authorized by RCW 82.14.505 and .510, and imposed by an ordinance of the City adopted on the date hereof. "MSRB" means the Municipal Securities Rulemaking Board. "Proj ects" means (1) the construction of two subsurface and two above-grade parking areas for approximately 250 parking stalls to pmvide multi-use parking for Puget Sound Naval Shipyard daytime workers, downtown Harborside retail, businesses and visitors to Memorial Plaza and Harborside Fountain Park, (2) the Lions Park renovation and (3) purchasing and renovating a building to be used as a municipal courthouse. "Project Fund" means the Limited Tax General Obligation Project Fund, 2010, created by this ordinance. "Record Date" means, in the case of each interest or principal payment or redemption date, the Bond Registrar's close of business on the 15�' day of the calendar month preceding the interest or principal payment or redemption date. "Registered Owner" means the person shown on the Bond Register as the owner of one or more Bonds. "Rule" means SEC Rule 15c2-12. "SEC" means the United States Securities and Exchange Commission. "State" means the State of Washington. . "Tax-Exempt Bonds" means Bonds the interest on which is intended on the date of issuance to be excluded from gross income for federal income tax purposes. "Term Bonds" means any Bonds identified as such in the Bond Sale Resolution specifying the provisions thereof, which Bond Sale Resolution requires that such Bonds be purchased, redeemed, or paid prior to maturity in a schedule established thereby. Section 2. Debt Capacitv. The assessed valuation of the taxable property within the City as ascertained by the last preceding assessment for City purposes for the calendar yeaz 2010 is $2,899,484,508, and as of February 28, 2010, the City has outstanding general indebtedness evidenced by limited tax general obligation bonds, notes, leases and conditional sales contracts in the principal amount of $16,302,185 incurred within the limit of up to 1%z% of the value of the taxable property within the City permitted for general municipal purposes without a vote of the qualified voters therein, unlimited tax general obligation bonds in the principal amount of $10,545,000 incurred within the limit of up to 2%2% of the value of the taxable property within the City for capital purposes only, no unlimited tax general obligation bonds incurred within the additional limit of up to 2%z% of the value of the taxable property within the City for udlity purposes and no unlimited tax general obligation bonds incuired within the additional limit of up to 2%Z% of the value of the taxable property within the City for parks and open space purposes, -3- 51058402.8 issued pursuant to a vote of the qualified voters of the City, and the amount of indebtedness for which bonds are authorized herein to be issued is not to exceed $9,600,000. Section 3. Authorizadon and Description of Bonds. For the purposes of paying all or a portion of the cost of the Projects and issuing and selling the Bonds, and for other City purposes approved by ordinance, the City is authorized to bonow money on the credit of the City . and issue negoriable limited tax general obligation bonds evidencing that indebtedness in the maximum principal amount of not to exceed $9,600,000. The general indebtedness to be incurred shall be within the limit of up to 1%2% of the value of the taxable pmperty within the City permitted for general municipal purposes without a vote of the qualified voters therein. The Bonds may be issued in one or more series; may be combined with other general obligation bonds authorized separately; shall be desigaated Limited Tax General Obligation Bonds and have such year and series or other designation as detelmined by the Finance Director or as specified by the Bond Sa1e Resolution consistent with the provisions of this ordinance; shall be dated as specifie� by the Bond Sale Resolution; shall be issued in denominations of $5,000 or any integral multiple thereof within a single maturity or such other denomination within a maturity as specified by the Bond Sale Resolution; shall be numbered separately, in the manner and with any additional designation as the Bond Registrar deems necessary for the purpose of identification; and shall bear interest payable on the dates as specified by the Bond Sale Resolution at such rate or rates as specified and approved in the Bond Sale Resolution, which rate or rates sha11 be fixed and the net interest cost shall not exceed a weighted average rate of 8% per annum. The Bonds shall mature on the dates and in the years and amounts as specified by the Bond Sale Resolution, except that the final maturity of any series of Bonds shall not exceed 26 years from the date of issuance of such series. All or some of the Bonds may be Term Bonds, as specified by the Bond Sale Resolutioa. Section 4. Bond Sale Resolution. The City Council may adopt the Bond Sale Resolution and in that resolution may provide for the matters described in this ordinance and such other matters that the City Council deems necessary, appropriate, or desirable to cazry out the purposes of this ordinance. The Bond Sale Resolution may pmvide for bond insurance, and may provide conditions or covenants relating thereto, including additional terms, conditions, and covenants relating to the Bonds that are required by the bond insurer and are consistent with the pmvisions of this ordinance including, but not limited to, restrictions on investments and requirements of notice to and consent of the bond insurer. The Bond Sale Resolution may approve and authorize the execution and delivery on behalf of the City of any other contracts and other documents consistent with the provisions of this ordinance for which the City's approval is necessary or to the establishment of the interest rate or rates on the Bonds. The Mayor and Finance Director are each separately authorized to execute and deliver, on behalf of the City, any contracts and other documents consistent with the provisions of this ordinance for which the City's approval is necessary or to which the City is a party and that are related or incidental to the issuance and sale of the Bonds. The Bond Sale Resolution may specify that a given series of Bonds is a series of Build America Bonds, Tax-Exempt Bonds or taxable bonds. -4- sioseaoz.e The City Council may determine and specify in the Bond Sale Resolution the amount, if any, from the proceeds of the Bonds to be deposited into specified funds, subfunds, accounts and subaccounts. In the absence of such a determination and specificadon in the Bond Sale Resoludon, the Finance Director may make such determination and specificadon. Section 5. Registration and Transfer or Exchan�e of Bonds. The Bonds shall be issued only in registered form as to both principal and interest and shall be recorded on books or records maintained by the Bond Registrar (the "Bond Register"). The Bond Register shall contain the name and mailing address of the owner of each Bond and the principal aznount and number of each of the Bonds held by each Registered Owner. Bonds surrendered to the Bond Registraz may be exchanged for Bonds in any authorized denomination of an equal aggregate principal amount and of the same series, interest rate, and maturity. Bonds may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registraz. Any exchange or transfer shall be without cost to the owner or transferee. The Bond Registrar shall not be obligated to exchange or transfer any Bond during the 15 days preceding any principal payment or redemption date. The Bonds initially shall be registered in the name of Cede & Co., as the nominee of The Depository Trust Company, New York, New York ("DTC"). The Bonds so registered shall be held in fully immobilized form by DTC as depository in accordance with the provisions of the Letter of Representations. Neither the City nor the Bond Registrar sha11 have any responsibility or obligation to DTC participants or the persons for whom they act as nominees with respect to the Bonds regarding accuracy of any records maintained by DTC or DTC participants of any amount in respect of principal of or interest on the Bonds, or any notice which is permitted or required to be given to Registered Owners hereunder (except such notice as is required to be given by the Hond Registrar to DTC). � For as long as any Bonds are held in fully immobilized form, DTC, its nominee or its successor depository shall be deemed to be the Registered Owner for all purposes hereunder and all references to Registered Owners, bondowners, bondholders or the like shall mean DTC or its nominee and, except for the purpose of the City's undertaking herein to provide continuing disclosure, shall not mean the owners of any beneficial interests in the Bonds. Registered ownership of such Bonds, or any portions thereof, may not thereafter be transferred except: (i) to any successor of DTC or its nominee, if that successor shall be qualified under any applicable laws to provide the services proposed to be provided by it; (ii) to any substitute depository appointed by the City or such substitute depository's successor; or (iii) to any person if the Bonds aze no longer held in ixnmobilized form. Upon the resignation of DTC or its successor (or any substitute depository or its successor) from its functions as depository, or a determination by the City that it no longer wishes to continue the system of book-entry transfers through DTC or its successor (or any substitute depository or its successor), the City may appoint a substitute depository. Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it. -5- 31058402.8 If (i) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or (ii) the City determines that the Bonds aze to be in certificated form, the ownership of Bonds may be transferred to any person as provided herein and the Bonds no longer shall be held in fully immobilized form. Section 6. Mudlated. Los� Stolen and Destroyed Bonds. In case any Bonds shall become mutilated or be destroyed, stolen, or lost, the City may, if not then prohibited or otherwise required by law, cause to be executed and delivered a new Bond of like amount, series, interest rate, maturity date, and tenor in exchange and substitution for and upon the cancellation of such mutilated Bonds, or in lieu of and in substitution for such destroyed, stolen or lost Bonds, upon payment by the Registered Owner thereof of the reasonable expenses and chazges of the City and the Bond Registrar in connection therewith, and in the case of a Bond destroyed, stolen, or lost, the filing with the Bond Registrar of evidence satisfactory to it that such Bonds was destroyed, stolen, or lost, and of the ownership thereof, and fumishing the City and the Bond Registraz with indemnity satisfactory to each of them. If the mutilated, destroyed, stolen, or lost Bond already has matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. If the provisions of State law at any time differ from the provisions of this section with respect to the requirements or procedures for replacing or othervvise handling mutilated, lost, stolen or destroyed Bonds, then the provisions of State law shall prevail. Section 7. PaYcnent of Bonds. Principal of, premium, if any, and interest on the Bonds shall be payable in lawful money of the United States of America. Interest on the Bonds shall be paid by checks, drafts or warrants of the Bond Registraz, or, if requested in writing prior to the Record Date by the Registered Owner of $1,000,000 or more in principal amount of Bonds, by wire transfer on the payment date to Registered Owners of the Bonds as those Registered Owners and their addresses and accounts appear on the Bond Registrar on the Record Date (or other record date established in the Bond Sale Resolution). Principal of and premium, if any, on the Bonds shall be payable at maturity or on such date as may be specified for prior redemption upon presentation and surrender of the Bonds by the Registered Owners at the designated corporate trust office or of�ices of the Bond Registrar. Notwithstanding the foregoing, for as long as the Bonds aze registered in the name of DTC or its nominee, payment of principal of , premium, if any, and interest on the Bonds shall be made in the manner set forth in the Letter of Representations. � Section 8. Redemntion Provisions and Purchase of Bonds. (a) Optional Redemption. All or some of the Bonds may be subject to redemption prior to their stated maturity dates at the oprion of the City at the times and on the terms set forth in the Bond Sale ResoluNon. (b) Mandatory Redemption. The City shall redeem any Term Bonds, if not redeemed under the optional redemption provisions set forth in the Bond Sale Resolution or purchased under the provisions set forth below, with the bonds to be redeemed selected in such other manner as shall be set forth in the Bond Sale Resolution, at such prices, on the dates, and in such yeazs and principal amounts as set forth in the Bond Sale Resoludon. -6- 51058402.8 If the City redeems any Term Bonds under the optional redemption provisions set forth in the Bond Sale Resolution or purchases Term Bonds as set forth below, the Term Bonds so redeemed or purchased (irrespective of their redemption or purchase prices) shall be credited at the par amount thereof against the remaining mandatory redemption requirements in a manner to be determined by the Finance Director or, if no such determination is made, on a pm rata basis. (c) Partial Redemption. Whenever less than all of the bonds of a single maturity of a series are to be redeemed, the Bond Registrar shall select the Bonds or portions thereof to be redeemed from the Bonds of that maturity in the manner set forth in the Bond Sale Resolution, except that, for so long as the Bonds aze registered in the name of DTC or its nominee, DTC shall select the Bonds or portions thereof to be redeemed in accordance with the Letter of Representations. Portions of the principal amount of any Bond, in integral amounts of $5,000, may be redeemed, unless otherwise provided in the Bond Sale Resolution. If less than all of the principal amount of any Bond is redeemed, upon surrender of that Bond at the designated offices of the Bond Registrar, there shall be issued to the Registered Owner, without charge therefor, a new Bond (or Bonds, at the option of the Registered Owner) of the same series, maturity, and interest rate in any of the denominations authorized by the Bond Sale Resolution in the aggregate total amount remaining unredeemed. (d) Purchase. The City in the Bond Resolution may reserve the right and option to purchase any or a11 of the Bonds in the open mazket at any time at any price acceptable to the City plus accrued interest to the date of purchase. Section 9. Notice and Effect of Redemption. While the Bonds are held by DTC in book-entry only form, any notice of redemption sha11 be given at the time, to the entity and in the manner required by DTC in accordance with the Letter of Representations, and the Bond Registrar shall not be required to give any other notice of redemption. If the Bonds cease to be in book-entry only form, the City shall cause notice of any intended redemption of Bonds to be given by the Bond Registrar not less than 30 nor more than 60 days prior to the date fixed for redemption by first-class mail, postage prepaid, to the Registered Owner of any Bond to be redeemed at the address appearing on the Bond Register at the time the Bond Registrar prepares the notice, and the requirements of this sentence shall be dcemed to have been fulfilled when notice has been mailed as so provided, whether or not it is actually received by the Registered Owner of any Bond. In the case of an optional redemption, the notice may state that the City retains the right to rescind the redempHon notice and the related optional redemption of Bonds by giving a notice of rescission to the affected Registered Owners at any time prior to the scheduled optional redemption date. Any noNce of optional redemption that is so rescinded shall be of no effect, and the Bonds for which the notice of optional redemption has been rescinded shall remain outstanding. Interest on Bonds called for redemption shall cease to accrue on the date fixed for redemprion unless the Bond or Bonds called are not redeemed when presented pursuant to the call. In addition, the redemption notice shall be mailed within the same period, postage prepaid, -7- siosaooz.s to the MSRB and to such other persons and with such additional information as the Finance Director shall determine or as specified in the Bond Sale Resolution, but none of these additional mailings shall be a condition precedent to the redemprion of Bonds. Section 10. Failure To Pa Bonds. If any Bond is not paid when properly presented at its maturity or call date, the City shall be obligated to pay interest on that Bond at the same rate provided in the Bond from and after its maturity or call date unNl that Bond, principal, premium, if any, and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Bond Fund and that Bond has been called for payment by giving notice of that call to the Registered Owner of that Bond. - Section 11. Pled�e of Full Faith and Credit: AddiNonal Pledg,es of Taxes. For as long as any of the Bonds aze outstanding, the City irrevocably pledges to include in its budget and levy taxes anuually within the constitutional and statutory tax limitations provided by law without a vote of the electors of the City on all of the taxable property within the City in an amount sufficient, together with other money legally available to be used therefor, to pay when due the principal of and interest on the Bonds, and the full faith, credit and resources of the City aze pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. In addition, all amounts received by the City as a result of imposing the LRF Tax are pledged, as necessary, to the payment of the Bonds. Section 12. Form and Execution of Bonds. The Bonds shall be prepared in a form consistent with the provisions of this ordinance, the Bond Sa1e Resolution and State law and sha11 be signed by the Mayor and City Clerk, either or both of whose signatures may be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. Only Bonds bearing a Certificate of Authentication in the following form, manually signed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance: CERTIFICATE OF AUTHENTICATION This Bond is one of the fully registered City of Bremerton, Washington, Limited Tax General Obligation Bonds, 2010 [Series), described in the Bond Ordinance. WASHINGTON STATE FISCAL AGENT Bond Registrar By /specimen/ Authorized Signer The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance. -8- 51058402.8 If any officer whose facsimile signature appears on the Bonds ceases to be an officer of the City authorized to sign bonds before the Bonds bearing his or her facsimile signature are authenticated or delivered by the Bond Registrar or issued by the City, those Bonds nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivere�, sha11 be as binding on the City as though that person had continued to be an officer of the City authorized to sign bonds. Any Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds, although he or she did not hold the require� office on the date of issuance of the Bonds. Section 13. Bond Registrar. The Bond Registrar shall keep, or cause to be kept, sufficient books for the registration and transfer of the Bonds, which sha11 be open to inspection by the City at all times. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transfen�ed or exchanged in accordance with the pmvisions of the Bonds, the Bond Sale Resolution, and this ordinance, to serve as the City's paying agent for the Bonds and to carry out all of the Bond Registrar's powers and duties under this ordinance and the Bond Sale Resolution. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar's Certificate of Authentication on the Bonds. The Bond Registraz may become the owner of Bonds with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and peimit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of Bond owners. Section 14. Preservation of Tax Exemption for Interest on Tax-Exempt Bonds. The City covenants that it will take all actions, consistent with the terms of the Tax-Exempt Bonds, this ordinance, and the Bond Sale Resolution, reasonably within its power and necessary to � prevent interest on the Tax-Exempt Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Tax-Exempt Bonds or other funds of the City treated as proceeds of the Tax-Exempt Bonds at any time during the term of the Tax-Exempt Bonds which will cause interest on the Bonds to be included in gross income for federal income tax purposes. The City also covenants that it will comply with the provisions of the Code that if complied with would result in the interest on any Build America Bonds being excluded from gross income for federal tax purposes but for the City's irrevocable election to have Section 54AA of the Code apply to such Bonds. The City further covenants that it will, to the extent the azbitrage rebate requirement of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), is applicable to any series of the Bonds, take all actions necessary to comply (or to be treated as having complied) with that requirement in connection with those Bonds, including the calculation and payment of ' any penalties that the City has elected to pay as an alternadve to calculating rebatable arbitrage, and the payment of any other penalties if required under Section 148 of the Code. Section 15. Refundins or Defeasance of the Bonds. The City may issue refunding bonds pursuant to the laws of the State or use money available from any other lawful source to sioseaoz.e -9- pay when due the principal of and interest on the Bonds, or any portion thereof included in a refunding or defeasance plan, and to redeem and retire, refund or defease all such then- outstanding Bonds (hereinafter collectively called the "defeased Bonds'� and to pay the costs of the refunding or defeasance. If money and/or "govemment obligations" (as defined in chapter 39.53 RCW, as now or hereafter amended) maturing at a time or times and bearing interest in amounts (together with money, if necessary) sufficient to redeem and retire, refund or defease the defeased Bonds in accordance with their terms are set aside in a special trust fund or escrow account irrevocably pledged to that redemption, retirement or defeasance of defeased Bonds (hereinafter called the "trust accounY�, then all right and interest of the owners of the defeased Bonds in the covenants of this ordinance and in the funds and accounts obligated to the payment of the defeased Bonds shall cease arid become void. The owners of defeased Bonds shall have the right to receive payment of the principal of and interest on the defeased Bonds from the hvst account. The City shall include in the refunding or defeasance plan such pmvisions as the City deems necessary for the random selection of any defeased Bonds that constitute less than all of a particular maturity of the Bonds, for notice of the defeasance to be given to the owners of the defeased Bonds and to such other persons as the City shall determine, and for any required replacement of Bond certificates for defeased Bonds. The defeased Bonds shall be deemed no longer outstanding, and the City may apply any money in any other fund or account established for the payment or redempdon of the defeased Bonds to any lawful purposes as it shall determine. If the Bonds are registered in the name of DTC or its nominee, notice of any defeasance of Bonds shall be given to DTC in the manner prescribed in the Letter of Representations for notices of redemption of Bonds. Section 16. Bond Fund and Deposit of Bond Pmceeds. The Bond Fund is hereby created and established in the office of the Finance Director as a special fund designated as the Limited Tax General Obligation Bond Fund, 2010, for the purpose of paying principal of, premium, if any, and interest on the Bonds. All taxes collected for and allocated to the payment of the principal of and interest on the Bonds shall be deposited in the Bond Fund. The Project Fund is also created and established in the oi�ice of the Finance Director, as a special fund designated as the Limited Tax General Obligation Project Fund, 2010. The principal proceeds and premium, if any, received from the sale and delivery of the Bonds sha11 be paid into the Project Fund and used to pay the costs of the Projects and costs of issuance of the Bonds. Until needed to pay such costs, the City may invest principal proceeds temporarily in any legal investment, and the investment eamings may be retained in the Project Fund and be spent for the purposes of that Fund, except that eamings subject to a federal tax or rebate requirement may be withdrawn from the Project Fund and used for those tax or rebate purposes. Section 17. Sale of the Bonds. The Finance Director may provide for the sale of each series of the Bonds (or any portion thereo fl by public sale or by a negotiated sale with an underwriter or other financial institution chosen through a selection pmcess acceptable to the Finance Director. The Finance Director is authorized to specify a date and time of sale of the Bonds, to give noNce of that sale, to determine any bid requirements and criteria for determining the award of the bid, to provide for the use of an electronic bidding mechanism, and to specify other matters in his or her determination necessary, appmpriate or desirable to carry out the sale siosaaoz.a -10- of the Bonds. The terms of that sale shall be consistent with this ordinance and the Bond Sale Resolution and shall be confirmed by the Bond Sale Resolution. If a series of Bonds is sold and issued as Build America Bonds, the Finance Director is hereby authorized on behalf of the City to take such actions as are necessary or appropriate for the City to receive from the United States Treasury the applicable federal credit payments in respect of such Bonds. CUSIP numbers will be printed on the Bonds if requested by the purchasers, but neither failure to print CUSIP numbers on any Bond nor error with respect thereto shall consritute cause for a failure or refusal by the purchasers to accept delivery of and pay for the Bonds in accordance with the purchase offer. All expenses in relation to the printing of CUSIP numbers on the Bonds sha11 be paid by the City, but the fee of the CUSIP Service Bureau for the assignment of those numbers shall be the responsibility of and shall be paid by the purchasers. The City will cause the Bonds to be prepared, sealed and executed in a form and manner consistent with the pmvisions of this ordinance, the Bond Sale Resolution and State law, and will obtain the approving legal opinion of nationally recognize� boad counsel. Section 18. Undertaking to Provide Continuin� Disclosure. To meet the requirements of section (b)(5) of the Rule, as applicable to a participating underwriter for the Bonds, the City makes the following written undertaking (the "Undertaking") for the benefit of holders of the Bonds: (a) Undertaking to Provide Annual Financial Information and Notice of Material Events. The City undertakes to provide or cause to be provided, either directly or through a designated agent, to the MSRB, in an electronic format as prescribed by the MSRB, accompanied by identifying information as prescribed by the MSRB: (i) Annual financial information and operating data of the type included in the final official statement for the Bonds and described in subsection (b) of this section ("annual financial information"); (ii) Timely notice of the occutrence of any of the following events with respect to the Bonds, if material: (1) principal and interest payment delinquencies; (2) non-payment related defaults; (3) unscheduled draws on debt service reserves reflecting financial dif�iculties; (4) unscheduled draws on credit enhancements reflecting financial diPficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions or events affecting the tax-exempt status of the Bonds; (7) modifications to rights of holders of the Bonds; (8) Bond calls (other than scheduled mandatory redemptions of Term Bonds); (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Bonds; and (11) rating changes; and (iii) Timely notice of a failure by the City to pmvide required annual financial information on or before the date specified in subsection (b) of tlus section. -11- s�oseaoz.s (b) Tvve of Annual Financial Information Undertaken to be Pmvided. The annual financial information that the City undertakes to provide in subsection (a) of this section: (i) Shall consist of (1) annual financial statements prepared (except as noted in the financial statements) in accordance with generally accepted accounting principles applicable to Washington municipaliries, as such principles may be changed from time to time, which statements need not be audited, except, however, that if and when audited financia� statements are otherwise prepared and available to the City they will be provided; (2) authorized, issued and outstanding balance of general obligation bonds; (3) assessed valuation for the fiscal year; and (4) regular property tax levy rate and regular property tax levy rate limit and LRF revenues for the fiscal year; (ii) Shall be provided not later than the last day of the ninth month after the end of each fiscal year of the City (ciuTently, a fiscal year ending December 31), as such fiscal year may be changed as required or permitted by State law, commencing with the City's fiscal year ending December 31, 2010; and (iii) May be provided in a single or multiple documents, and may be incorporated by specific reference to documents available to the public on the Intemet website of the MSRB or filed with the SEC. (c) Amendment of Undertakine. The Undertaking is subject to amendment after the primary offering of the Bonds without the consent of any holder of any Bond, or of any bmker, dealer, municipal securities dealer, participating undervvriter; rating agency or the MSRB, under the circumstances and in the manner pernutted by the Rule. The City will give notice to the MSRB of the substance (or provide a copy) of any amendment to the Undertaking and a brief statement of the reasons for the amendment. If the amendment changes the type of annual financial information to be provided, the annual financial information containing the amended financial information will include a narrative explanation of the ef�ect of that change on the type of information to be provided. (d) Beneficiaries. The Undertaking evidenced by this section shall inure to the benefit of the City and any holder of Bonds, and sha11 not inure to the benefit of or create any rights in any other person. (e) Teimination of Undertakine. The City's obligations under this Undertaking sha11 terminate upon the legal defeasance of all of the Bonds. In addition, the City's obligations under this Undertaking shall terminate if those pmvisions of the Rule which require the City to comply with this Undertaking become legally inapplicable in respect of the Bonds for any reason, as confirmed by an opinion of nationally recognized bond counsel or other counsel familiar with federal securities laws delivered to the City, and the City provides timely notice of such termination to the MSRB. ° -12- s �ose4o�.s (� Remedv for Failure to Comply with Undertaking. As soon as practicable after the City learns of any failure to comply with the Undertaking, the City will proceed with due diligence to cause such noncompliance to be corrected. No failure by the City or other obligated person to comply with the Undertaking shall constitute a default in respect of the Bonds. The sole remedy of any holder of a Bond shall be to take such actions as that holder deems necessary, including seeking an order of specific performance from an appropriate court, to compel the City or other obligated person to comply with the Undertaking. (g) Desisnation of Official Responsible to Administer Undertaking. The Finance Director (or such other officer of the City who may in the future perform the duties of that of�ice) or his or her designee is authorized and directed in his or her discretion to take such further actions as may be necessary, appropriate or convenient to cany out the Undertaking of the City in respect of the Bonds set forth in this section and in accordance with the Rule. Section 19. General Authorization. The Mayor and Finance Director aad each of the other appropriate officers of the City are each authorized and directed to do evetything as in their judgment may be necessary, appropriate, or desirable in order to carry out the terms and provisions of, and complete the transactions contemplated by, this ordinance. Section 20. Effective Date of Ordinance. This ordinance shall become effective ten days after its passage and publication as required by law. APPROVED by the City Council the day of , 2010 PASSED by the City Council the day of , 2410 NICK WOFFORD, Council President Approved this day of , 2010 PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: CAROL ETGEN, City Clerk Foster Pepper PLLC, as Bond Counsel PUBLISHED the day of , 2010 EFFECTNE the day of , 2010 -13- s ioseaoz.s DATE SUBMITTED: March 29, 2010 AGENDA BILL � � CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Ordinance No 51 I d relating Committee Meeting Date: April 14, 2010 to the Department of Economic COiJNCIL MEETING Date: Apri121, 2010 Development. Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: The current budget has eliminated funding for the Economic Development Department therefore the City Council desires to amend the code to remove the Deparhnent from the code. ATTACHMENTS: Proposed Ordinance j�p , 5110 FISCAL IMPACTS (Include Budgeted Amount): None. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIIZECTOR: MAYOR: COMMITTEE CHAIlZ ' COUNCIL PRESIDENT: CONSENT AGENDA ❑ � GENERAL BUSINESS � PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve Ordinance No. 5110 relating to the Department of Economic Development. COIJNCIL ACTION: ❑ Approve ❑ Deny � Table ❑ Continue ❑ No Action ORDINANCE NO. 5 I i a AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 2.05.010 of the Bremerton Municipal Code entitled "Departments" and repealing in its entirety Chapter 2.07 of the Bremerton Municipal Code entitled "Economic Development Depariment." WHEREAS, the current budget has eliminated funding for the Economic Development Department; and WHEREAS, the City Council desires to amend the City code to remove the Economic Development Department from the code; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 2.05.010 of the Bremerton Municipal Code entitled "Departments" is hereby amended to read as follows: 2.05.010 DEPARTMENTS. Departments of the City of Bremerton are created pursuant to the chapters and their provisions as follows: Chapter 2.06 Office of the City Attorney Chapter 2.09 Department of Financial Services Chapter 2.10 Department of Public Works and Utilities Chapter 2.15 Department of Community Development Chapter 2.16 Fire Department Chapter 2.17 Parks and Recreation Department Chapter 2.19 Police Department SECTION 2. Chapter 2.07 of the Bremerton Municipal Code entitled "Economic Development Department" is hereby repealed in its entirety. SECTION3. Severabilitv. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 4. Ef1`'ective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of , 2010 PASSED by the City Council the day of , 2010 , NICK WOFFORD, Council President Approved this day of , 2010 PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: � CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of , 2010 EFFECTNE the day of , 2010 ORDINANCE NO. R:\Legal�I,egal\Ordinances�Administration�Departments.doc