HomeMy WebLinkAbout02/06/2008 AGENDA
FI LE
CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 0 (360) 473-5280
FEBRUARY 6, 2008
CITY COUNCIL MEE,TING AGENDA
1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603
A. - General 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. PUBLIC RECOGNITION & ANNOUNCEMENTS
5. CONSENT AGENDA
A. Claims & Check Register (#AB08-014)
B. Minutes of Meeting -January 16, 2008 (#AB08-015)
C. Minutes of Meeting - January 23,2008 (#AB08-016)
)
D. Purchase of 5 Police Vehicles (#AB08-017)
E. Purchase of an Ambulance for the Fire Department (#AB08-018)
F. Purchase of 3 Vehicles for the Parks & Recreation Department (#AB08-019)
G. Fueling Contract with MASCO PETROLEUM (#AB08-020)
H. Purchase of the Multiple Interactive Learning Objective (MILO) Training Simulator System
(#AB08-021 )
I. Position Title Change of "Mechanics Helper" to "Automotive Technician Assistant" within
the Public Works Department (#AB08-022)
J. 2008 KPS Rates & Underwriting Criteria (#AB08-023)
K. 2008 Property Insurance with AFFILIATED FM INSURANCE (#AB08-024)
L. Budget Authority to spend monies from the Trial Court Improvement Fund to expand the
current recording system in the 2nd Courtroom (#AB08-025)
M. Acceptance of Grant Funding from the Recreation & Conservation Office for the Bremerton
Boardwalk and Blueberry Park (#AB08-026)
N. Reappointment of Andy Kosusko to the Planning Commission (#AB08-027)
6. GENERAL BUSINESS - There are no GENERAL BUSINESS items tonight
7. COUNCIL MEMBER REPORTS
8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
9. STUDY SESSION: The Council will reconvene in COUNCIL CONFERENCE ROOM 603 to
discuss General Council Business...
II Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special
accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council
meeting.
CITY COUNCIL MEETING
SPEAKERS LIST
PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF
BREMERTON MUST BE SUBMITTED IN WRITING.
THANK YOU.
PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO
SPEAK DURING THE COUNCIL MEETING TONIGHT
j) d~~/lJ, ~M~D~ K \ \~rr
71 /Y7 /Y7~TfAQS j/J1Po.
Kitsap Trees and Shoreline Association
~~ -r~ Jo~ "'" tjt--- Ka-~
December 20, 2007
National Parks Service (NPS) announced December 10, 2007 an Award of
Technical Assistance to Kitsap Trees & Shoreline Association (KiTSA) ~o
assist in the development of a Community Based Vision and Action Plan for the
Restoration & Reclamation of puget Sound's Sinclair Inlet. NPS assistance
will be focused on facilitating the planning process to include a strong
public involvement component.
Assistance from the NPS Rivers, Trails and Conservation Assistance (RTCA)
Program will be provided during the 2008 Federal Fiscal Year, which ends
September 30, 2008. The extent of NPS RTCA assistance is dependent on a
Department of Interior budget bill for Federal FY '08.
Bryan Bowden<Bryan Bowden@nps.gov> has been assigned to manage the project.
Community Outreach Planner
National Park Service
Mt. Rainier National Park
55210 238th Ave East
Ashford, WA 98304
(360) 569-2211, ext 2306
In return for NPS technical assistance, NPS RTCA requests the following of
project partners:
~ Jointly participate in the development of an annual work plan that
identifies specific roles and tasks for project partners, public
involvement & RTCA assistance;
~ Commit significant time & resources (financial, in-kind, overhead,
etc.) along with other project partners to match NPS RTCA assistance;
~ Acknowledge & credit NPS assistance in press releases, promotional
material, trailhead and welcome signage, maps & publications such as
newsletters, surveys, brochures and final concept plans;
~ Provide copies of print & media news to NPS RTCA staff; provide 20-40
copies of the final concept plan or other project products;
~ Complete a Project Close-Out Report at the end of NPS RTCA assistance.
~ Ke~p an on-going record of project successes (on-the-ground results) .
Continued NPS RTCA assistance is possible by request of a Continuing Project Application due
August 1, 2008. NPS RTCA does not typically provide assistance beyond two years.
A meeting with NPS RTCA Byran Bowden is planned for January 2008 with interested partners.
Sincerely,
f!lJonatd!lJ. ~ Kitsap Trees & Shoreline Association (www.KiTSA.net)
PO Box 1302, Bremerton, W A 98337,360-373-7593, kitsaplarson49@gmai1.com
IRS Non-Profit 501(c)(3) Organization
~5~~~~
~~5UJm/~to.-~ UHY~~~ ~mutadiowN
} ><( ('> } ><( ('> } ><( ('> } ><( ('>
~~..r-
'II
e
e
P ugel Sound
RESTORATION FUND
June 13, 2007
Kitsap Trees and Shoreline Association
P.O. Box 1302
Bremerton, W A 98337
Dear Don Larson,
I am very supportive of your efforts to restore a plant buffer along the north shore of
Sinclair Inlet and improve access by creating a bike trail. Puget Sound needs to remain a
place where people can harvest clean and healthy food right out of the water - not just
salmon, but shellfish and crab as well. Sinclair Inlet offers an opportunity for people,
salmon and shellfish to coexist. To reconnect people to a more vibrant and functional
shoreline, it is essential that we re-vegetate the strip of land that separates the highway
and railroad grade from the marine waters of Sinclair Inlet
Founded in 1997, Puget Sound Restoration Fund (PSRF) is dedicated exclusively to
restoring habitat, water quality and native species in Puget Sound. We pursue restoration
collaboratively with industry, tribes, government agencies, private landowners and
community groups of all stripes and we take a non-activist, project-oriented, broadly
inclusive approach to our work. As an organization, we are committed to a vision of a
clean and healthy Sound that is productive, full of life and capable of sustaining us.
e
In the 10 years we've been in business, we've gotten a lot done:
.
.
.
.
.
.
.
.
.
.
.
.
.
e .
.
.
.
Restored 575 acres in Drayton Harbor to conditional shellfish harvest
Planted 7 million native oysters at 80 sites with over 100 partners
Enhanced 5 acres of native oyster habitat with either shell or seed
Launched 2 Community Shellfish Farms to maintain and restore historically
productive shellfish growing areas
Replanted 6.8 acres of river~ank along the Deschutes River
Revegetated 5 acres of streambank along Shinglemill Creek on Vashon Island
Renewed access to 2 ~ miles of spawning habitat on Bainbridge Island
Restored 3 acres of riparian habitat in Manzanita Creek
Recreated 2 acres of wetlands at Paramount Park in Shoreline
Improved salmon habitat in Miller Creek, Normandy Park
Revegetated 2 acres of riparian habitat in Griffin Creek in King County
Created a % mile shoreline trail overlooking Mud Bay in Olympia
Built 3 bridges to link 2.5 miles of trail at Meadowbrook Farm in King County
Planted 1 00,000 Pacific oysters in Eagle Harbor to mitigate nutrient pollution
Replaced a culvert in Puget Creek, Tacoma to renew salmon access
Constructed a rearing channel in Newaukum Creek
Installed 24 shellfish gardens to connect people to the health of local waters
e
e
e
.
In 2003, Governor Locke honored PSRF with a "local hero" award for efforts to restore
Puget Sound shellfish growing areas.
In August 2005 Puget Sound Restoration Fund's native oyster restoration project was one
of thirty projects from around the nation showcased at the White House Conference on
Cooperative Conservation as premier examples of cooperative conservation.
In October 2005, the state Department of Ecology awarded Puget Sound Restoration
Fund with an Environmental Excellence Award - the state's highest for environmental
stewardship - for efforts to connect people's actions to clean water.
In September 2006, PSRF received 'a national "Excellence in Restoration" award from
National Oceanic and Atmospheric Administration.
The success of our projects has been due entirely to strong partnerships with businesses,
governments, tribes, communities and landowners. Collectively, we have committed to
making progress on the ground to support common goals. In so doing, we have managed
to rise above the finger pointing and perceived conflicts of interest that so often get in the
way of progress. Our work in Drayton Harbor provides a striking case in point. After
years of declining water quality, a harbor-wide prohibition against shellfish harvesting
and entrenched conflicts of interest, PSRF was instrumental in building the partnerships
needed to fix specific pollution sources, restore water quality and partially recover
shellfish harvesting opportunities for recreational, tribal, and commercial interests. The
restoration of shellfish harvesting in Drayton Harbor was a community-wide effort that
required revamping the way the community perceived Drayton Harbor. It wasn't just one
grower forced to shut down due to poor water quality, it was the WHOLE community
being denied access to a spectacular local resource. And it took a first-hand experience
of that resource - an investment of time in planting and harvesting oysters - to understand
the importance of Drayton Harbor to the community. Today, people can wander down to
the local marina on a Saturday morning and buy oysters fresh out of Drayton Harbor.
That is what ties them to the health of this place.
Likewise, each of the projects listed above reflects our main mission - to restore
resources in local communities that people can see, use and enjoy. Improving access to
shorelines andproviding first-hand experiences of productive marine waters are
fundamental first steps to building a constituency that will make the necessary decisions
and investments to protect the health of Puget Sound over the long term.
In recent years, PSRF has devoted considerable energy to shellfish restoration. Bill
Taylor with Taylor Shellfish Farms was a founding member of our Board of Directors
and he remains a board member nearly 10 years later. The expertise and credibility that
Bill brings to the operation have made many of these projects possible. There are also
compelling ecological reasons for restoring shellfish in Puget Sound: 1) Shellfish are a
powerful indicator of clean water; when a shellfish growing area is closed to harvest there
are clearly problems that need to be addressed. 2) Restoring native oyster beds
accomplishes, in one stroke, all three of PSRF' s main goals - it rebuilds a native species;
improves water quality through natural filtration; and provides habitat for a huge variety
of species - includingjuvenile salmonids. 3) Shellfish playa critical role in maintaining
;;,.,. ~ ,
e
e
e
..
the health of estuaries, not just in Puget Sound but worldwide. . We need to work hard to
maintain and restore healthy beds of shellfish here in Puget Sound in order to
counterbalance ever-increasing nutrient pollution with natural and sustained biological
filtration.
Involving local organizations, such as Kitsap Trees and Shoreline Association, that are
working on the ground to make progress is absolutely critical to the success of Puget
Sound restoration efforts. I support wholeheartedly the big picture, high-powered
approach that Governor Gregoire has taken. The prospect of a looming, fixed deadline
will help drive actions on the ground. However, I believe also that it is fundamentally
important that communities work from the bottom up to reclaim local res'ources and
water bodies that have real relevance to the people who live there. For example, it is
much more effective to rally people in Blaine to protect and restore Drayton Harbor than
it is to rally them to protect "Puget Sound" - which is, by comparison, an abstraction.
Working through NGO's is also critical to accessing private properties and achieving
real, ecosystem-based restoration. This is especially true when working along shorelines,
where nearly 75% of tidelands are privately owned. A state-driven, top-down approach
would likely have the undesired effect of limiting the scope of restoration to properties
that are in public ownership. It would also likely restrict what partners were happy and
willing to offer. When the "State" asks "Industry" or "Tribes" to cooperate on a project,
there's a lot of history that comes into play and each party is naturally protective of its
rights, mandates and privileges. When an NGO, on the other hand, asks each of these
parties for assistance to implement a goal that all hold in common, it is generally possible
to cobble together the resources - freely given - to implement projects and achieve
restoration on the ground.
In closing, restoring Puget Sound is a great big cultural challenge that all sectors of the
community need to embrace in their own way with resources they are uniquely capable of
providing. This is not just an environmental issue. It is the BIGGEST story out there -
can we, collectively, make the right decisions today to ensure that this place is capable of
sustaining us 100 years from now, 500 years from now. To achieve that vision, Puget
Sound needs to be more than pretty; it needs to be productive. We need people to farm
and fish these waters today; we need families and communities to depend on that income
and celebrate that food source, because that's what ties us to the HEALTH of this place.
I look forward to working with Kitsap Trees and Shoreline Association to achieve that
VISIOn.
Sincerely,
gfL~
Betsy Peabody
Executive Director
,~;~~~. i tz;.?b":L'''.1~~'lr;::')..;'..f'.r.:/ :~:~~~:::,:' .t:,~" F ' .~;ii n'8 ~~;:;';~: \() . -, ~.'u'~ I' ,;:,~;,;:,~,\~;" t?~'~. ~~~f--...i:",
1 !ri :. 01 ... ~ ~:""Jlj)"Sl'n''''N~~ ...!;~ "Lc.""<
I ~ J"iA"~sr~ a::; ~ ~9..Jj 7 ~\~ ,'0' '/" ":. ".' ,,<:.:.:,.t~,l~';' d< ,Jl:,:l-, ~H~..
~. (~~~~I) .,. ~ ~:~?; ~ ~1~;J.. " , "~~lfr 11 ~\\.\.c' ,~<~~~~ ~p'V- \'I ~ :!f.ftR ;.\. ~
c.o. " . ::: i ;;;; ,_;; :"'.:; ~~ . ~ ~ " "':~".'" 'c ".,," o~ In::.., .: i" Wi""
~,'. I ~':'" ?.:; 't~"'" "'..... .~ i ;[t ;'. ~r:~ ""-'O;..,',;>;;:.,~o <- .<'l;:~~" .'~'\(t~)\- .( .-iN
~ ."" ,. ~ 0 ... '._'_A'Hr.' >oWIHO..... ~ NIf'c.)o". ..~~-;.<
.~:... .t .~~h 00 :o::~. ~. ! ~. ". ~ B. .. "S1 liT 0:: 0: fQl III '-'\
~ .,. ._ , 0" ~ 0' "..;.<"0:;"'" . e,,,, ,;.,,,.-1=-: ~ if .... ;:~1
I", ~.::;:. ...'U>1" OR ;.:::~. . ~.--- : ~ ~ ~ ~ . 0 ,," \ 1~ ~!.~ M.':: "1
"," L,,~i:;~,~~~'''':''~T;:~:.~::~\:r,~ Mp:ntn~iil i ~ f'~';~;~~\\ i; 74IH~~ ,h! ,-',; ~?,~~.r~ U:rr: J
ljl! ~~\"'~~~ tl)':{'-',L,~t....~(\ _ ~~, c ~ I ~~.\ l: ; ~ ... hlflp ~ -'4"'..t1'i("~~ 'z.
__ :~~:,l~~\'.~.:::'" .J>"~~\~ I, M"~=:,',",.i "g I ~~,.. ". \v>-J ~\ '~" (~,. i;! j~ " .,;"'; ,2
z;...... '.l~ I ~,.~... ,flg}'i' ...;;w: :s ~ \ J,: '" is '~I" 0" !\. ~ ~ ~ ~! - -. fl '<:;....0 ~.~>:
~~,~...,~.N"""P....?.'\'~I:,I.'.5il.;'_. '-t~.\;\t,'~ ,.( Jt ...~S~~ ~ U~ST ! ~I ~ :r 00 ~ '" ~:
" i :c' ~"(~~~';':~.J~""':;l":f.~;, " .'.'i:~:' l'.,,'u ,. ,u ~ ~ ::., z . ?I . -c r
"',.~.., ~"'ll'i""'';j,.:, "".\ . v o:;."tr __. -------;~~ OLYMPlq.~~\ '-. .
"':<:'"..'0,' w^, :"" ":J...." - ,., J 10 . ~ ~~,:<.-? ~j";"'~' ~c~m'~('<\?"....:: : < '''13~1'~ t;l n i1"''' ~ - - .COLL~ ~It-'+ "
~. ' .. ~ ,u' .. -.. ~ ,,,..00::' ~.., ; ! ~ ~I "" " : ~ )~;I"; .. \ .
" ~>"$,"'~'f~. ~ '<;. '6 ~,~ ~ ~ g; i: "I' H . ; ~ Ii = .... ~liiW-l\"li ~'~ \'Il',;~~
9. I ~c~ w '..: '"= CD ~ ~ '. 9. I~~;~: b l;.s I. i z:li I )0; ~!I'~ r ! .:-"-1 j"ii.tt ~~ ~ =- ,ool S\F.IU.HU'
~'\~~''Il!l ~ ~ '.\ ~..."'.. /:.J;J , !i! ~:,,~ i \'0 llS'1- ~. . ~;' !~ftF~' '."!.~,~",,,
;;'7. - \o~...~!:< '~(""'''' ~..A~ ....~\,"'.'l{ I:~<< r~\ J'4_';~: ~ lli;.;; ~ ~~, : : ~~~::;; i ; ~ ~ ~ ~ ~~ ~J.-...-- ~l<o. /I'~
I ~..,., ~... \,,," t. =t .(....,,,...-, . ')" ~, ~ ;:: ~ <C)1 Sl i t(~ ... - ~ \JUt n S1 1~ ... 501\'
I ' ~ ~~t~ I~ Co ,'i ~ J'".. ;: ~~~...,.' ACC(W ~ f!t --= -r--l f~l'
'".l.: rc.'t.,....'-- COc C .., '" - lr-.. L ;; ~ g e i ~ ~ ~~:!~ ~~ ~:/I~~~pl2~lii ,.\ .
:nllHl s )~~\ i\i ;; ~(% ~ --> ~,,!., l ~;! ~o~: "~: \! ~~r ~ ~ a ~ ~1~~~2~.IIJI <;1 .!"r\~
I ) 'tfI1lltl'f 1ll1, ~ ~ ~ .. ,,~"':""~\0h'i" - 'l' ~
~ tlOlIIU 0 G '\ OR llBI ',I III ~ C 5'''' '; J.\f~!o'f~r~'iJflnG~ 5,>!'!","':': ,;; ~ ~t ~I~t
., "0.' .. \ ',. " " t., L"'\i,~l'," ~5 ~" ".". ," > .\: 7-:Ii 1')1" -<( T('_H>'1~HM t ,~ 11 Z <;1 13
_ ~ I.... u" ~ . ~1 0. ....~~ '!;\ 2 ~ 9tH ~~ SCr'(Xl. I" If! I ... ...~... Ir>oT_~
Q,: ~ 1.1 "i . ., ';: ~IJI'," < 11 r. ~ .............-.-. ... ~H\" ~ I::'""iri
flllt1ll"'tt:l... -..... 911-1 \; !'of r...... z ~"'''.''''''''''''I~ ~ ~ : IE .: 10SI~ ~ z"
_ _ \!".!!!'1 U/.f.h *\ \ fq; ~.. - . - 'U;, "" ~ " , 0 " .:~ ~ i ~IuYGi ~ i
" T> ~"" U ,--~~,".! \L~' ~ ,,,...' 01, ..' ~ i g :;:~l' p e ~ i'. , H' ~ > "~ ~. i ~ ~. .,,,,,, ." I ~" .
TI'."!-Jt~)l'~ol,f~,~e.:~~~.,,. '\ ;~~''t1-lwP~~.. ~ \ .'-;I~i,:'18~;.~,:.,";;:. >-. ,."".~: .' :~:':: "'.~:::':'I,
_ .~" ~ ~~_ _ ,.......,lJj'-~ .=. ". ~'" 9t.~!.1 ",",')*."..,,, 19" QP""''':7j'
."', I '0, "" , f ,,"" "'0 'O,t, : 1 ",u,.,,;",,_ '11,,"=::& '" ;" '." . -.1 gl" ~" ,,.,,.......:::.:.:.::::::::::::::::::i ~~~
....,\ I ;l~ :.. ~ 0,>, ~,'rl.. ~ ~ ~ r~ON;.'-;,:i~;{~... ~ .'" >>''''.0,,1 ,,,,,"I",' u........................,.....,.'::l:Jl!;f
! <~<":;~ - - -:. '. ~~:~ "; :;~~~ r- ~}~ }~~~~i ~~"~~ tU <,IS; ~1~;2 '::.j.::i:\:.~...::::::::::::~:;~:~ :::~:~~~:~~:::::~::~:~~::::::::: :'~~:::~~::l~.fl' ,;;.;~ ~,.;~';,:l.~~..:....:~~..~ ,'",Ii.;
I __0_ ~ i I . "<" ""'.1": ~ '"0,""'..... . U::; .,</>=t'"..-" I'UqET ')!i~~:'~
~",," I -; ~ ~:llot ."' I I ",H .,.1Io......J ~ ... ~ ~
~ t of, 1:1' ~Hull~ ~ ~1,.,..J.,....,._'" f.JJ';' ~"IIo. ~I I~~' ~ ~ .. ~ ..... ~ IW".'- ,
~ ~ ;: l )1IW'm ~ ;;:.,:...--;1 .......--( 110\1 ",-..... ~ :.: (.; \ -
I III L ROOUlHS \'\"'- '1:1 ,;:; ~..~ ~ RO(l(-o( ST ,...------
\.':~::\ L ~'L~ !_- - -~ '" \\ !;~? ,,, 'I ~ i '. * 2
... <II _ _ _ _ \ ,- .&~ ;/ ~ fA "'0 T ~ Sf ..
. Z ,j "/ A/hV// .,"", ,"O~IO~ ", .....~ '. E € ~ i ':.:::.:.::::::;;:::::' ;~'jJl
'G", ~ v-;II ~I"i i~\I..""..,.\\ ~"'r;~~;:...'~~lij1 ,,)
~ k~b:;::;~,I" I :1',;I1.S 1\7~ ,,',".' ~~ ::. .~;;~"~'~I,~~:~'11,'~j" .::~: [lr U Fi
~ v'", y. ~ ' ,,"" c":';.~~~~..ff u
~ ""'LA" PAM' ~: ~ I; 'W" // l~:~ :'-:: > ~'n;; 1~:0; *' '/ , I
~ ~ - I ' i ~WA:: 1 ':' ~~~' : u~"""~ ~'~~"", .' . ~
~ ~'HAllON~ ,J ~ ~ ~: l5 ;; ~ :: l"'U"'I"[Z"""~
~~ % ~ 'I 0 ~V[~ ~S5 f ~~) ~ = ~,: Il."..~c~ \G- BREMERTON
~ ///) / ~ ";.\.j~ ~ ~~_ '-'''I) 1970 POPULATION 35.307
~&/#/00"@~ l-... _,,' _ _ _ . .W"$ffUL/,k-~~~';!;' .. .;f;:~:\ '. I'!) 1978 ESTIMATE 36,100
I dl/ ~tl. M'c.e:::/", I
I A' "'....:~ ;;
---'1: ~,'~'rs ~ , ,~;,:E'~"f1~f
'?_'~ #I~ .~o".. ~
\ ~~~' ~ ~ :;
I .,:{)"':ef/ (.,......".,,~
i~. ",,/,' -''-','~I I /'
[_I . VV~
r- "'~ l/ CD
; ~L i "':-_l'~:,~~ )"
L I G~~", ,,,, "ciC)
#' ." Q".., v
\-.. ~__,,,~.' "ii",: ..,
~S"tlUtlO' -( I
,\\ 7:
J x' i
f./lIR VALL(YIW * .
3',~ ,."1,
~" J';::'~;ll ~~""' 'mJJ~ .~
.:: Y"\.U_"' I
~ EU'" S(;....oo~ ,
f
:
I
.
.'
l
T-.J
!7
.0
~
20
rf
1, r-
"~~
\
"-'~'
,j;~,.'
'" ~;-'"
.fi','"
~&.ti'
J:i~
M
I
Y'\. I
'.,
/1111' ,,----., S .:;~~~~" i
fMf.otllIU !IIJ..n~ ~~~ ,-..11 p,o::; ., ',"i~nltr
,,,,",,,:;;;<~",~:v ~'O::~l~'/ro:'"~ --<~ :cr' ,
Pr:;~~-:-" ,<I ,. r, ~ .~ ~ 2
Rb-~Ji' .. l~~I~ KIIY,P NO:;O"l gs-r g (/'
.... ! 'Y' I .'\,,\\ rH~ -:; . 'l<lIS} l~ ,
r~ .:z"'DlII Ie ~I 'I.AYlillorNI <II ~ sr-
i V'2t) T'~ ':: ~ ~~~
/' / E~...r <;': -';: . ~l' o1.'f~ so...
Illlllnl. J'<-ot-;;",.""./ 01'0'190; ~1 'it ~;; '.n'~
.-" () r! i .(.Illln', ~ S~lI'itll)r,t -
: . , 1'/ '; ~ :'''....L...~l~~'(~~ ..o...s,r&)~;:;.", I' Cf~tltl1i \\,'
, {;I*<: ~~":..",,, ' ....,~:J:~... ;iff:ii.' / . i L:-'-
\ ~o( % &/0.41 ~, ~ s"','" _ ~ 1;., ~ <;1 " (;''::.~~~~~ I
!,r;!fIT~ . i( <1 '" ~ W)I~rllr~s Ctm~~tl;'" I\.. . ,.
~_. -to'- i~ ,. ~'''\ , ,. ..I~ ~'v:'-')~
, l.-1./f" I \~ '.l.thl~U,. I", !
, ~ J .if..coO, /l't~\t~i.~IJ,'t '~~n~;;~ OST ;~~"t~ G,veNs. i
j - - ...l-Ci '(, :, ! ~ <:; ! !: ~ El(M sc....OO.l
r-- i ~_ ~ ~<!"C1
I "'flCt.f~'" jT
.-- _ _ _ -:- _ J 01 ~ MUl.H~f1 S.
i > ~ '", ."". " 'II /"\~ -
11!)~: ' ,," _._ _ _ ill"! irb.-,~
~(5&j: f ~'~"1~~ ,I I - "f?d-<:'
~1~~1:;':'"'.' ,~'~~' O'ir i .\ '[1~ iJ~f{~:~
~. ~:~r. _ _ ~c. p ~:ol"flH t"., ~",:!G:.~~~;
.",.,"": ~ ;': / .,,'; ", :s
... :. If U .....'
I :t:r. (T
j ,<lI.~"1
1.1': 'f /. f '//, . "'Jb" ,,,,
ll'li!!JtfKr ~~ <',~,.( i///,:,'/ "////////////
Irul~:~t~~~ll 8C."M~~t l;; URBAN AREA
~ lIf'PEMf 011- UPI"(II' l""ij ! Yb" I'~//'. ....II..'.. CI
p. $...... ..~,.. T ..?..~~ / f
PORT ORCH^RD
1970 POPUL^TION 3,9D4
1978 ESTIMATE 4.295
Ross
POInt
!~
0,
(C@
'\ \ \:""~
}-
~
.,/~@
~<!"
0'
;c.
7,
33
f--
i\
'If
~
~'
C".'~'
c. '
'>' /
'"
..
"
. ~~~~ ~t7;~~ ~1W
/
"
\\,;..
J
DEPARTMENT OF THE NAVY
PUGI':T 50UND NAVAL SHIPYARD
AND INTERMEDIATE MAINTENANCE FACILITY
1400 f"ARRAGUT AVI':N UE
BHEMERTON, WASHINGTON 98314-5001
IN RE:PLY RE:F'EIl TO
11000
Ser 980/062
November 08/ 2005
Mr. Donald L. Larson
Kitsap Trees
P . O. Box 13 02
Bremerton, WA 98337
Dear Mr. Larson
This letter is to provide you with our support and
authorization for your group and the Washington State
Department of Transportation to access Navy owned land and
rail line between Bremerton and Gorst for the proposed
Sinclair Inlet Shoreline Enhancement Project as outlined in
your e-mail request dated November 02, 2005. As the
command responsible for access, inspection, maintenance,
and subsequent repairs, your initiative is fully supported.
This project would improve the Sinclair Inlet
Shoreline, Navy Railroad and State Highway properties with
a compost blanket, a rich green clover seed erosion control
mixture and if possible the subsequent plantings of trees
or shrubs.
Due to current circumstances at this time the Navy can
only support this project with "in-kind" support. Funding
for this project will solely come from grants procured by
your organization and "in-kind" support from other
agencies. The "in-kind" support provided by the Navy will
be in the form of engineering services (estimated at
$4000.00). This support will consist of making sure all
Federal Railroad Association Regulations are met and
project coordination with the Puget Sound and Pacific
Railroad (corrunercial service provider). Mr. Dan Read of
Naval Station Bremerton Public Works, Code N44133B, will
provide this service. He can be reached at (360)-476-8148.
The project will have to be executed within the
following guidelines:
1. AI] work will be coordinated with puget Sound &
Pacific Railroad through the NclVY in advance.
2. No groundcover should be planted closer than 12
feet from the rails.
3. Any planned planting of trees or brudws would
be per agreement and will need further
coordina tion to ensure there is no in tel-ference
with the railroad or highway operations.
4. All workers involved will be required to sign a
"hold harmless agreement- prior to accessing
the property.
We look forward to working with your group in
environmentally enhancing the Sinclair Inlet Shoreline and
adjacent Navy owned land.
Sincerely,
~t~.
PAUL R. GOETZ
Production Engineering
and Facilities Manager
By direction of the
Shipyard Commander
Copy to:
Naval Base Kitsap - Bremerton (N44133BDR, N4414A)
NAVFAC, Northwest (0322PK)
Rail America (Marc Bader)
Washington State DOT (Bob Barnes)
Grant Solutions
Kitsap County Dept of Public Works
Department of Ecology, NWRO
2
DATE SUBMITTED: 2/(j/200X BILL ff__..al"c-OL4 __~~_~.~,
AGENDA BILL
CITY OF BREMERTON SA
CITY COUNCIL
...........................................................................................1
SUBJECT:
Committee Meeting Date ____._~_._______________
COUNCIL MEETING Datc:_~c_~~~~~:L()-'--~2Q~_______
De pa rtmen t: _Xi~~~l nc i~L~_~~~.~~~~~H__._
P rescn ter: .~~ at 111J~!~I! sOJ~_______
Phone: 473-5296
Claims & Check Register
SlJMMARY:
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:
COJ'vIMITTEE CHAIR
COUNCIL PRESIDENT:
~~.
CONSENT AGENDA [gJ
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED I\IOTION:
1) Check #'s 322202 through 322558 and EFT's 7621 through 7652 in the amount of
$1,434,64490
2) Regular Payroll lor the pay period ending January 31, 2008 in the amollnt of:i>788, 19946
3) Retiree Payroll for the pay period ending January 31, 2008 in the amount of $85,705 12.
COUNCIL ACTION: [2J Approve D Deny 0 Table
o Continue 0 No Action
AGENDA BILL
CITY OF BREMERTON
ClTY COUNCIL
BILL!! 08- 0 J 5
-_.~---- ._._--_._----~
DATE SUBMITTED:
5.,3
.......................................8.........'.......a...............................
SUBJECT: City Council Meeting Minutes
for meeting of
JrA.V\lACAry I ft, I .2..00'6
Committee Meeting Date:
, ~
COUNCIL MEETING Date:
Department:
Presenter:
N/A
Pe..\, rlACA:9f Cd I 20 0 '2>
City CouncIl
Will Maupin,
Council President
(360) 473-5280
Phone:
SUMMARY: Attached is a summary of the City Council Meeting held :r CA..Y\~ ,to i loo~
ATTACHMENTS: Meeting Minutes for Jo..V\.v..A-rl I ~ I 2-00 g
FISCAL IMPACTS (Include Budgeted Amount): N/A
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
Council President
N/A
N/A
N/A
COMMITTEE CHAIR
COUNCIL PRESIDENT:
N~
/({ 2;I!IY//(~7-
CONSENT AGENDA IB"
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to approve the Consent Agenda as presented.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
[J Continue [J No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, January 16, 2008
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton,
Washington, Wednesday, January 16, 2008, at 5:30 PM, with Council President Will Maupin
presiding. Council members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike
Shepherd, Roy Runyon, Adam Brockus, Cecil McConnell, and Brad Gehring. Also present were
City Attorney Roger Lubovich; Deputy City Clerk Cherie Henry; and Legislative Assistant Lori
Smith.
The Pledge of Allegiance was led by Council Member Brad Gehrina followed by the invocation
provided by Pastor G.T. Johnson, former missionary for the United Methodist Church.
President Maupin announced that prior to the meeting, a Pre-Council Session was held to
discuss General Council Business, and included a 15-minute Executive Session to discuss
"Potential Litigation" with action expected tonight. It was further announced that no Council
Meeting would be held the 5th Wednesday this month on January 30,2008.
MA VOR'S REPORT - There was no MA YOR'S REPORT tonight...
PUBLIC RECOGNITION & ANNOUNCEMENTS
Adam Brockus explained that no District 3 Meeting would be held on January 29 as previously
announced due to a Town Meeting scheduled in the Meeting Chambers on Wednesday, January
30, 2008 with Phil Williams, Director of Public Works & Utilities providing a presentation on
"Funding Options for Street Paving Projects" with a meeting-time to be determined.
Nick Wofford announced that representatives from the Puget Sound Regional Council (PSRC)
based in Seattle would be in Bremerton tonight until 7:00 PM at the Sylvan Way Library to host a
scoping meeting to provide citizens an opportunity to view updates to the "Destination 2030" plan.
Susan Brown congratulated the Council Members who won their elections, and welcomed new
Council Member Runyon; and appreciated the Bremerton Police and Fire Department and their
professionalism.
Mike Shepherd encouraged the public to attend the 14th Annual Event to honor Dr. Rev. Martin
Luther King, Jr. on Monday, January 21, 2008 beginning at 10:00 AM in the President's Hall of the
Kitsap Pavilion.
CONSENT AGENDA
A. Check Numbers 321879 through 322172; and EFT-7594 through EFT-7611 in the amount of
$1,898,995.49 (#AB08-003)
B. Minutes of Meeting - December 19, 2007 (#AB008-004)
C. Minutes of Meeting - January 2,2008 (#AB08-005)
D. Minutes'of Meeting - January 9,2008 (#AB08-006)
E. TAB NW Contract for Storage Cabinets; and amendment to 2008 Annual Budget to carry
forward an item from the 2007 Budget (#AB08-007)
F. Professional Service Agreement with RH2 ENGINEERING, INC. for Reservoir Seismic Upgrade
Design (#AB08-008)
G. Agreement with ASVRIS for Prescription Drug Coverage for LEOFF 1 Retirees (#AB08-009)
H. Amendment to Contract with the KITSAP HUMANE SOCIETY (#AB08-01 0)
City Council Reg. Mtg. Minutes
Wednesday, January 16, 2008
Page 2 of 4
I. Authorize the City Attorney to pursue a lawsuit against BURLEY CONSTRUCTION, INC. relating to
the Makayla Heights Development (#AB08-012)
05:39:35 M/S/C/U (McConnell/Wofford) Move to approve the CONSENT AGENDA as presented.
GENERAL BUSINESS
6A - ORDINANCE NO. 5039. REPEALING AND REPLACING CHAPTER 9.92 OF THE
BREMERTON MUNICIPAL CODE ENTITLED "CHRONIC NUISANCE PROPERTIES" (#AB08-
011): Police Chief ROQers explained that the proposed ordinance repeals Chapter 9.92 of the
Bremerton Municipal Code entitled "Criminal Activity Nuisance" and enacts a new Chapter 9.92,
entitled "Chronic Nuisance Properties". The new ordinance provides a new process for
enforcement and abatement of certain nuisance properties that repeatedly occur or exist at chronic
nuisance properties. Andy Oakley, Community Resource Officer, provided a POWER POINT
presentation to provide further details on this proposed ordinance.
Warren Cosby was concerned that some citizens sometimes can not afford to improve their
properties.
Judy McDonald read a statement in favor of this proposed ordinance.
Diana Tennis expressed her long history of concerns with the problems caused by several
businesses in the area of the Perry Avenue Mall and was therefore completely in favor of this
ordinance.
John Hennessey, Seattle Archdiocesan Housing Authority, agreed that the current ordinance in
place is not effective, but felt that more consideration should be given to this new proposal to keep
the City out of litigation.
Cindy Meade was opposed to this proposed ordinance because she felt it was too vague, and did
not address all the problems.
Denise Solade, Manager of Max Hale Center, asked that the City review the suggested
amendments provided by their attorneys which would protect property owners who already have a
process in place.
Jim Weber with PROA; read 3 minutes of a 7 minute statement.
Flo Beaumon, Seattle Archdiocesan Housing Authority, agreed that the law was too vague and
urged changes that would make the ordinance more enforceable.
Connie Christman, President of PROA, continued to read the rest of the statement begun by Mr.
Webber.
W.S. Fawcett was upset about the problems caused in her neighborhood which also lower
property values, and hoped this ordinance would provide some relief.
Jim McDonald provided comments in favor of this ordinance as a landlord, and believes it will
provide hope for neighborhoods.
Marsha Baker expressed how grateful she was for the Police Department; believed strongly that
the City needs this ordinance but that there are parts of the ordinance that need clarification; and
emphasized that landlords are not responsible for individuals' behavior.
Sister Pat Millen, Catholic Community Services, was deeply concerned that the ordinance would
be used as a tool used to block the homeless from getting homes; and encouraged Council to
consider the implications and consequences if the ordinance were passed.
City Council Reg. Mtg. Minutes
Wednesday, January 16, 2008
Page 3 of 4
John Wells, President of Olympic Rental Properties, was not necessarily worried about anything
in the proposed ordinance; and encouraged people to pursue some form of financial assistance for
low income, seniors, and mentally ill to help maintain properties.
Dana Schaible believed the City is making him, as a property owner, financially responsible for his
tenants and believed if a tenant is breaking the law, the tenant should be held accountable; he
added that there are inconsistencies in how evictions may proceed at the City and County levels
which cause further delays in the process; and would support a law if it would assist him as a
landlord in removing lawbreaking tenants.
Susan Brown served on several abatement boards so she could understand the need for this
type of ordinance, but had concerns with some of the current language being confusing or
unnecessary.
Kurt Weist, Executive Director of the Bremerton Housing Authority, expressed his support for this
ordinance.
Maria Troupe was frustrated that landlords are not more careful when renting out their properties.
Alex Munro was in favor of the City having this type of ordinance, but thinks this ordinance in its
current form is too broad.
Public Comment was closed.
6:38:27 the Main Motion as amended was made as discussion continued...
Ken Baawell, Assistant City Attorney, provided clarification and further details to address several
of the previous public comments, as well as a few questions asked by the Council. He pointed out
a few additional changes that were made to language in the ordinance in just the last few days;
and further explained that the main purpose for this ordinance was to trigger communication with
the City. In response to several additional concerns expressed by the Council, Mr. Baawell
provided assurance that further corrections, changes, and amendments can always be
implemented later to the ordinance if deemed necessary.
Several Council members provided comments in support of the ordinance, believing that it will be
an excellent tool to establish communications and provide options. Thanks were provided to the
citizens for their comments, and specifically to Ms. Solade and Ms. McDonald for spearheading
this effort...
Mr. Oaklev provided further information about the voluntary "Landlord Notification Program" that
will soon be implemented to provide an early opportunity for landlords to find out about incidents
with their tenants; and their intention to work together with members of PROA to further improve
the notification process.
07:08:00 M/S/C/U (Brockus/Shepherd) Move to pass Ordinance No. 5039 repealing and replacing
Bremerton Municipal Code Chapter 9.92 relating to chronic nuisance properties, as amended.
COUNCIL MEMBER REPORTS
Nick Wofford announced the combined District 8 & 9 District Meeting will be held on Tuesday,
February 19 at the Public Works & Utilities Facility located on Oyster Bay Avenue beginning at
6:00 PM with Phil Williams, Director of Public Works & Utilities providing a presentation on
"Funding Options for Street Paving Projects".
City Council Reg. Mtg. Minutes
Wednesday, January 16, 2008
Page 4 of 4
Mike Shepherd announced the Town Meeting will be held on Wednesday, January 30 beginning
at 5:30 PM in the Meeting Chambers. This meeting will include a discussion on "Streets" and will
be hosted by several Council Members.
Rov Runvon described a chronic situation on Gregory Way and thanked Community Resource
Office Andy Oakley for working with him to solve this problem; and hoped to see people at the
January 30 Town Meeting.
Adam Brockus emphasized that there would be no District 3 Meeting in January, but residents
may attend the Town Meeting on January 30; and encouraged citizens to lobby the Legislature to
consider funding for higher education in Bremerton.
Brad GehrinQ believes this community is not served by higher education and that Bremerton
needs a 4-year school.
Will Maupin explained that several Council Members will be going to the Legislative Session on
January 30 and he hoped that funding for ferries and four-year schools would be considered.
With no further business, President Maupin adjourned the Council Meeting at 7: 15 PM.
prefiji;:~;;;;u
LORI SMITH '-'
Legislative Assistant
Attest:
CAROL ETGEN, City Clerk
WILL MAUPIN, City Council President
WM:CE:ls:cg
DATE SUBMlr/'l~:D:
I3lIL !1__/2ti==__QLi?
AGENDA BIIJL
CITY OF BREMERTON
CfTY COUNCIL
5(,
........ma.a.ama............................aa.........aaaa...BDB.aaa.........aa..aa.a..
SlJB.JECT: City Council Meeting Minutes
fell- meeting of
JctV\\.A.(A,V"'1 2. 3) .2ooe
Committee Meeting Date:~~~_________
COUNCIL MEETING Date: I~~r*_GI .2-009-
Department: City Council
Presenter: Will Maupin,
Council President
Phone: (360) 473-5280
SlJMMARY: Attached is a summary of the City Council Meeting held To...V\lA.Rrl..( Z 3( 2-00 8
A TT ACHMENTS: Meeting Minutes for :r C\,V\ V-..CA.ry 2. 3') 2.P 0 C6
:FISCAL IMPACTS (Include Budgeted Amount): N/A
APPRO V ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
Council President
N/A
N/A
N/A
COMMITTEE CHAIR
COUNCIL PRESIDENT:
12
4< EfY4/P~
CONSENT AGENDA [B"
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to approve the Consent Agenda as presented.
COUNCIL ACTION: D Approve 0 Deny 0 Table
o Continue 0 No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, January 23, 2008
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton,
Washington, Wednesday, January 23,2008, at 5:30 PM, with Council President Will Maupin
presiding. Council members present were Nick Wofford, Carol Arends, Dianne Robinson, Roy
Runyon, Adam Brockus, Cecil McConnell, and Brad Gehring. Council Member Mike Shepherd
was absent. Also present were City Attorney Roger Lubovich; City Clerk Carol Etgen; and
Council Assistant Christine Grenier.
The Pledge of Allegiance was led by Council Member Brad Gehrina followed by the
invocation provided by Council Member Dianne Robinson.
President Maupin announced that a Pre-Council Session to discuss General Council Business
was held prior to the meeting.
PUBLIC RECOGNITION & ANNOUNCEMENTS
Roy Runyon invited people to attend the City Council Town Meeting which will be held on
Wednesday, January 30 from 5:30 to 7:00 PM in the Meeting Chambers. The meeting will
include a presentation on "Funding Options for Street Paving Projects" by Public Works &
Utilities Director Phil Williams; and announced that the Parking & Animal Control Committee will
be meeting on Thursday, January 24 from 4:00 to 6:00 PM in the Council Conference Room
with public comment beginning at 5:00 PM.
Will Maupin encouraged residents to attend the Town Meeting; and announced that another
opportunity to learn more about "Funding Options for Street Paving Projects" will be during a.
Joint District 7,8, & 9 Meeting on February 19 at the Public Works & Utilities Building located
on Oyster Bay Avenue; and announced that there would be no Council Meeting next
Wednesday, due to a lack of a quorum caused by several Council Members who will be in
attendance at the Legislative Action Conference in Olympia.
Brad GehrinQ announced that there will be a Grand Opening for Kart Trax on Friday with the
Ribbon Cutting Ceremony being held at 4:00 PM and more events to be held on Saturday. Kart
Trax is located on Wheaton Way behind Papa Murphy's Pizza in the former Michael's craft
store.
Nick Wofford added that he will be available to meet with District 9 constituents following the
Town Meeting next Wednesday in addition to the Joint District Meeting on February 19, 2008.
CONSENT AGENDA
A. Check Numbers 322173 through 322201; and EFT-7612 through EFT-7620 in the amount
of $1,011,584.54; and Regular Payroll in the amount of $754,457.88 for the pay period
ending January 15, 2008 (#AB08-013)
05:38:014 M/S/C/U (Runyon/Wofford) Move to approve the CONSENT AGENDA as presented.
City Council Reg. Mtg. Minutes
Wednesday, January 23,2007
Page 2 of 2
With no further business, President Maupin adjourned the Council Meeting at 5:40 PM. The
Council reconvened in the Council Conference Room for a STUDY SESSION to hear
presentations on upcoming agenda items. .
Prepared and Submitted by:
~~~,
CHRISTINE GRENIER --
Council Assistant
Attest
CAROL ETGEN, City Clerk
WILL MAUPIN, City Council President
WM:CE:ls:cg
DATE SUBMITTED:
BILL # 08- 0 17
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
51)
........................................................................................
SUBJECT:
Purchase of Police vehicles
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
January 23,2008
laDyary ~g, 2e08-RbruaO/G,/&o~
46 ER&R I
Jim Orton, Fleet
Manager
5359
Phone:
SUMMARY:
The 2008 budget includes replacement of five Ford Crown Victoria patrol vehicles. City Council is
asked to authorize this purchase from the State ofWashingtop purchasing contract # 04406. The
purchases will be from Columbia Ford ofLongview, Washington, as specified in the State contract,
at a total cost for the vehicles of$122,894.28 including sales tax. The cost to have these green
vehicles built into functioning patrol cars is estimated to be $40,000 and will be the subject of
separate council action in mid-2008.
ATTACHMENTS: State Contract #04406
FISCAL IMPACTS (Include Budgeted Amount): This is a scheduled replacement and is authorized
in the 2008 budget. The total cost for replacing five patrol cars is estimated at $163,000
APPROVALS:
DEPARTMENT DIRECTOR.
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA !gI
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION: That the City Council approves the purchase of 5 new Ford Crown
Victoria's from Columbia Ford of Longview WA. At a cost of$ 122,894.28 including sales tax.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
Current Contract Information
Contract No. 04406
Price Sheet Order Form -
Page 1
TO ORDER COMPLETE PRICE SHEETS AND SUBMIT WITH STATE FORM A-15A PURCHASE REQUISITION TO
OFFICE OF STATE PROCUREMENT BEFORE MARCH 31,2008. ONLINE ORDERS MAY BE PLACED AT
https://tortress.wa.Kov/Ka/inet/vehreQh'elzmellll.hfm. TO MINIMIZE PRODUCTION DELAYS ORDER AS EARLY AS
POSSIBLE.
POLICE VEHICLE - FULL SIZE PURSUIT
VEHICLE TYPE: 4- DOOR SEDAN MAKE/MODEL: . FORD CROWN VICTORIA INTERCEPTOR
EQUIPMENT INCLUDED IN NET PRICE
4.6L Flex Fuel OHC SEFI V8 Engine (250 HP) Inside Hood Release
E85 ethanol/gas Electric Tmnk Release, Battery Operated
Electronic Automatic Overdrive Transmission Intermittent Wipers
External Transmission Oil Cooler, Engine Oil Cooler Power Heated Mirrors(61 K)
P235/55R 17 BSW Speed Rated Radial Tires, AMIFM Stereo Radio with Digital Clock, Rear Window Antenna
Goodyear( I) Cigarette Lighter/Power Point
Matching Full Size Spare Tire & Wheel Certified Police Speedometer, 0-140 MPH
Power Door Locks Gauges, Water Temp, Fuel
Power Windows wlPassenger Lockout Switch Power Distribution Connector
Driver and Front Passenger Air Bags Hubcaps, Bolt on
Power Steering wlExternal Cooler Body Side Moldings (Front Doors uninstalled, stored in trunk)
HD Power Brakes, 4-Wheel Disc, Anti-Lock System (96B)
750 CCA Battery HD Rubber Floor Covering
200 AMP Alternator Removable Headliner with Dual Beam Map Light
Police Pursuit Suspension Package, HD Frame Random Code Single Key Lock System, Four Sets of Keys
HD Front Bucket Seats, Cloth W/ Weapon Cutouts Radio Interference Bonding Strap Package (53M)
Lumbar Support, Driver All Factory Standard Police Package Equipment including
HD Rear Bench Seat, Cloth (TTH) Stainless Steel Dual Exhaust System
Air Conditioning w/high speed cutout Rear Power Access Point
Light Tinted Glass, All Around 3.27: 1 Rear Axle Ratio
Trunk, Glove Box, Dome/ High Intensity Map Lights Tire Pressure Monitoring System
Lightbar Connector Auxiliary Fuse Block
Tilt Steering Wheel Stabilizer Bars, Front and Rear
Electric Rear Window Defroster Engine Hour Meter
Headlamps on Warning Buzzer 3 year/36,000 Mile Warranty Bumper to Bumper, 5Yr/60,000
Maximum Capacity Engine Cooling Mile Drivetrain
Coolant Recovery System Mercury Free Vehicle-Lead Free Steel Wheel Weights
NHTSA CRASH TEST RATINGS (2007)
FRONTAL (DIP) 5/5
SIDE (FIR) 4/5 (5/5 W/SAB)
ROLLOVER 5
DEALER: COLUMBIA FORD (W403)
700 fh Ave
Longview, W A 98632
DEALER CONTACT: Marie Tellinghiusen or Steve Sari
PHONE: (360) 423-4321
EMAIL ADDRESS:mariet@colford.com
FEDERAL TAX ID NO.: 91-0650166
PAYMENT TERMS *Discount $200/20 Days (per
vehicle), Net 30 Days
DELIVERY: 90 - 120 Days ARO
NET PRICE:
(Vehicle equipped as above, delivered to any poinl within the State of Washington, exclusive of Federal Excise
and before 8.0% State Sales Tax including .3% Vehicle Tax):
COMMODITY CODE VEHICLE DESCRIPTION
ORDER
OTY
PRICE EACH
PRICE EXTENSION
231 g-080-00 I Automobile, Full-size Police. 4 Door Sedan,
2008 Ford Crown Victoria Police Interceptor
FFV(P71/720A)
(I) Tire Chain Compatible
5 Ea
$20,374.00 *
$10 1 ,870
Current Contract Information
Contract No. 04406
Price Sheet Order Form
Page 2
NO COST EXTERIOR/INTERIOR COLORS:INDICATE QUANl1TY OF COLOR(S) SELECTED (Special Paint Available
at Extra Cost)
_ Vibrant White/ Charcoal Black(WT/*N)
_Vibrant White/Light Camel (WT/*J)
_Vibrant White/ Medium Light Stone (WT/*L)
_Arizona Beige CC Metallic/ Light Camel (AQ/*J)
_Arizona Beige CC Metallic/ Charcoal Black (AQ/*N)
_Medium Brown Metallic/ Light Camel (BU/*J)
_Dark Toreador Red CC Metallic/ Light Camel (JL/*J)
_Dark Toreador Red CC Metallic/ Charcoal Black
(JL/* N)
_Dark Toreador Red CC Metallic/ Medium Light Stone
(JL/*L)
_Silver Birch CC Metallic! Medium Light Stone (LP/*L)
_Silver Birch CC Metallic/ Charcoal Black (LP/*N)
_Dark Blue/ Medium Light Stone (LK/*L)
_Dark Blue/ Charcoal Black (LK/*N)
_Norse a Blue/ Light Camel (KR/*J)
_Norse a Blue / Medium Light Stone (KR/*L)
_Norsea Blue / Charcoal Black (KR/*N)
_Royal Blue/ Charcoal Black (LM/* N)
_Royal Blue/ Medium Light Stone (LM/* L)
_Light Blue Metallic/ Charcoal Black (LN/* N)
_Light Blue Metallic/ Medium Light Stone (LN/* L)
_Light Ice Blue CC Metallic/ Charcoal Black (LS/* N)
_Light Ice Blue CC Metallic/ Medium Light Stone
(LS/*L)
__Ultra Blue CC Metallic/ Charcoal Black (MM/* N)
_Ultra Blue CC Metallic/ Medium Light Stone (MM/* L)
_Light Grey/ Charcoal Black (TM/* N)
_Light Grey/ Medium Light Stone (TM/* L)
_Silver Grey Metallic/ Charcoal Black (TN/* N)
_Silver Grey Metallic/ Medium Light Stone (TN/*L)
_Black CC/ Charcoal Black (UN* N)
_Black CC/ Light Camel (UA/*J)
_Black CC/ Medium Light Stone (UN* L)
_Medium Titanium CC Metallic/ Charcoal Black
(YG/* N)
_Smoke Stone CC/ Charcoal Black (HG/* N)
_Smoke Stone CC/ Light Camel (HG/* J)
_Smoke Stone CC/ Medium Light Stone (HG/* L)
~Special Paint (See Below)
COMMODITY OPT/ON DESCRIPTION ORDER PRICE EACH PRICE EXTENSION
CODE OTY
23 18-080-0 10 Credit for pickup from Selling Dealer instead of $(130.00) $
vehicle being driven to customer (Orders for
Eastern W A Area Code 509) (EAST)(Deduct)
23 18-080-011 Credit for pickup from Selling Dealer instead of $(60.00)
vehicle being driven to customer (Orders for
Western W A) (WEST) (Deduct)
2318-080-012 Airbag, Passenger Side Deactivation Switch $214.00
(DLR)* (See NHTSA Note Below)
23 18-080-0 13 Airbags, Side Impact (59M) $261.00
23 18-080-014 Cap, Locking Gas (98G) $8.00
23 18-080-015 Carpeting In Lieu of Rubber Floor Covering $109.00
(Includes Floormats. Front and Rear)( 128)
*NHTSA- MUST BE NOTIFIED PRIOR TO DEACTIVATING PASSENGER SIDE AIR BAG - FORM A V AILABLE AT
HT'rp://AOIELECTRICAL.COM/GENERAL/~HTSAFORM.ASP OR CALL DEALER TO FAX FORM. DEALER NEEDS
CONFIRMATION PRIOR TO INSTALLATION.
"IlEALER INSTALLI'D OPTION
Current Contract Information
Contract No. 04406
Price Sheet Order Form
Page 3
COMMODITY OPTION DESCRIPTION ORDER PRICE EACH PRICE EXTENSION
CODE O1'Y
23 18-080-016 Cruise Control (Included W/23 I 8-080-071) (525) $] 96.00 $
23 18-080-017 Davtime Running Lights(77D) $44.00
23] 8-080-018 Differential, Limited Slip (3.27: 1)(45C) $109.00
23 18-080-019 Fire Suppression System, Automatic (Manual $3,04] .00
Switch on Headliner (60S)
23 I 8-080-020 Flasher Wig Wag, Headlamp (Included w/Police $132.00
Prep Pkgs) (DLR)*
23 18-080-021 Heater, Engine Block (4IH) $30.00
23 18-080-022 Inoperative Door Jamb Light Switches on Dome 5 $18.00 90
Light (478)
2318-080-023 Keys, Set of Two Instead of Four (DLR)* (Deduct) $(4.00)
2318-080-024 Lamp Prewire Group (Package Tray/Inner Decklid) $39.00
(476)
23 ] 8-080-025 Manuals (Service, Powertrain Controls/ Emission, $204.00
Electrical Troubleshooting) (Paper)(DLR)*
23] 8-080-026 Manuals, Service, on CD-ROM (same contents) I $24] .00 241
(DLR)*
2318-080-027 Moldings, Front Doors installed (96A) $26.00
2318-080-028 Mud Flaps, HD Plastic (Set of 4) (DLR)* $90.00
2318-080-029 Power Adjustable Brake/Accelerator Pedals (59C) $105.00
2318-080-030 Power Driver's Seat, 6-way (Included W/2318-080- $330.00
071) (21A)
2318-080-031 Power Police Pigtail (Not A vail w/Police Prep $22.00
Pkgs) (179)
2318-080-032 Power Windows, Driver & Front Passenger $22.00
Controls (948) 5 110
2318-080-033 Radio Delete (Not Avail w/2318-080-047 or 2318- $(84.00)
080-071) (58Y) (Deduct)
23 I 8-080-034 Radio Prewire (2 Way Radio Connection to front $39.00
speakers)(946)
2318-080-035 Rear Axle Ratio Alternative 3.55: 1 (includes 2318- $143.00
080-018 Limited Slip Differential) (730A) 5 715
2318-080-036 Rear Inside Door Handles Inoperable-Manual locks $22.00
are operable (Not avail wi 2318-080-084) (67R)
2318-080-037 Roof Reinforcement (185) $69.00
2318-080-038 Seats, Front, 55/45. Cloth HD Split Bench w/ $79.00
Center Arm Rest (Not Available wi Police Prep
Pkgs or Vinvl Rear Seat) (TTP)
2318-080-039 Seat, Aedec Prostraint Rear Seat (Prisoner Restraint $398.00
System, OEM Rear Seat Cushions and Seat Belts
Placed In Trunk) (Installed) (DLR)*
*DFALER INSTALL!'D OPTION
Current Contract Information
Contract No. 04406
Price Sheet Order Form
Page 4
COMMODITY 0P1I0N DESCRIPTION ORDER PRICE EACH PRICE EXTENSION
CODE OTY
23 18-080-040 Seat, Laguna 3P Prisoner Transport Seat (OEM $432.00 $
Rear Seat Cushions and Seat Belts Placed in Trunk)
(Installed)(Color Black)(DLR)*
2318-080-041 Seat. Laguna 3P Prisoner Transport Seat (OEM $451.00
Rear Seat Cushions and Seat Belts Placed in Trunk)
(Installed)(Color Grey) (DLR)*
2318-080-042 Remote Keyless Entry (Deletes Driver side Door $222.00
Key Pad)( 14R)
2318-080-043 Silicone Hoses with Aircraft Type Clamps (177) 5 $279.00 1,395
2318-080-044 Spare Wheel, Additional (No Tire) (DLR)* $146.00
2318-080-045 Spotlight, 6 inch, Halogen, Clear Lens, Pillar $166.00
Mounted Left (Unitv 225) (Factory) (5IA) 5 830
2318-080-046 Spotlight, 6 inch, Halogen, as above, Left & Right $296.00
(PR) (51 Y)
2318-080-047 Stereo, AM/FM/CD (Included WI 2318-080-071) $161.00
(58Z)
2318-080-048 Traction Control (NA wi 2318-080-018 or 2318- $152.00
080-035) (553)
2318-080-049 Trunk Pack Organizer (14T) 5 $166.00 830
2318-080-050 Trunk Release, Electric, Inside Switch Instrument $52.00
Panel and left door Mounted, Ignition Controlled
Instead of Battery (6tH)
2318-080-051 Undercoating (DLR)* $127.00
2318-080-052 Universal Keying Fleet (Indicate Code in $44.00
Comments) (432-439) 5 220 (1284X)
2318-080-053 Vinyl Seat instead of Cloth (Rear only) (Not $57.00
available wI2318-080-038) (TTI)
23 18-080-054 Wheelcovers, full wheel covers instead of hubcaps $39.00
(set4)( Included wI2318-080-068) (64N)
2318-080-055 Wiring Harness, Roof, (No HOLE) (189) $74.00
2318-080-056 Wiring Harness, Roof (Center Hole) (Includes Roof $170.00
Reinforcement (187)
2318-080-057 Wiring, Horn! Siren Circuit (Included WIPolice $35.00
Prep Pkgs) (175)
2318-080-058 Wiring Pkg. For Connection of Grill Lamp, Siren & $0.00
Speakers (172)
2318-080-059 Delayed Warranty Start (Customer Requests online $0.00
at www.fordwsd.com) (DLR)*
23 18-080-060 Push Bumpers. 12 inch HD Aluminum. Selina $239.00
PB200, Set/2, Installed (DLR)* 5 1,195
23 18-080-061 Push Bumpers, 16 inch HD Aluminum. Setina $247.00
PB200, Set/2, Installed (DLR)*
2318-080-062 Push Bumpers HD. Bolted W/Oval Upper Cross $281.00
Support Installed (PB300) (DLR)*
2318-080-063 Push Bumpers, HD wi Welded Upper Cross $244.00
SUPP0l1 (PB400) (DLR)*
'DEALER INSTALLED OPTION
Current Contract Information
Contract No. 04406
Price Sheet Order Form
Page 5
COMMODITY OPTION DESCRIPTION ORDER PRICE EACH PRICE EXTENSION
CODE OTY
23 18-080-064 Push Bumpers HD, Upgrade, fender Protectors $265.00
When Ordered With One of the Above, Installed 5.
(PB5) (DLR)* 1,325
2318-080-065 Paltition, Horizontal Sliding Center Section $415.00
w/Lexan, Installed (Includes Full Lower Extension
Panel) (Setina I OS )(DLR)*
23 18-080-066 Double Vertical Weapon System Partition, $772.00
Horizontal Sliding Center Section w/Lexan,
Includes Lower Recess Extension Panel. One
Standard Shotgun Lock, One Adjustable Universal
Lock Including Key Override and Timer (Includes
2318-080-065) (Installed) (Setina/lORP) (DLR)*
2318-080-067 Manufacturer to Dealer Order Acknowledgement $0.00
Document Faxed to Customer (DLR)*
2318-080-068 Street Appearance Group (Includes Full $113.00
Wheelcovers, Full Bodyside Moldings, Chrome
Grille and Accents) (Not Avail w/Special Paint,
Spotlight(s), or Police Only Exterior Colors
BU,LK,LN,MM,TN,YG, LM, TM) (750A)
2318-080-069 Police Prep Package- Base (Contact Dealer for $670.00
Contents) (65A)
2318-080-070 Police Prep Package- Complete (Contact Dealer for $1.805.00
Contents)(Includes 2318-080-069) (68P)
2318-080-071 Comfort/Convenience Group (Includes 2318-080- $661.00
016 Cruise Control, 2318-080-030 Power Driver's
Seat, and 2318-080-047, AM/FM /CD) (41A)
2318-080-072 Dome/Map Light Delete (54M) 5 $0.00 0.00
2318-080-073 Window Barrier, HDSteel,Rear Doors (Installed) (DLR)* $151.00
2318-080-074 Door Panels, High Strength Aluminum, Rear Doors $155.00
(Includes 2318-080-032 & 2318-080-036) (DLR)* 5 775
2318-080-075 Skid Plate Package, Steel (Engine, Oil Pan, $216.00
Transmission) (Installed) (DLR)* 5 1,080
2318-080-076 Special Paint, Single color (Includes Black $407.00
Bumpers and Bodyside Molding) (SPa) (5 Vehicle
Min) (Indicate VSO Paint code in comments) (Add
45 days) (XX/SPlOl)
23 18-080-077 Special Paint Option, Matching spa Bumper $254.00
(Requires 2318-080-076) (XX/76)
23 18-080-0n Special Paint, two color, Regular production $601.00
(includes matching painted humpers) (indicate ), 3.005
colors and paint scheme in comments) (add 45
days)(952/953/955 ) Black/White/Black
2318-080-079 Ballistic Front Door Panel - Driver only (90L), $1.127.00
2318-080-080 Ballistic Front Door Panels - Driver & Passenger $2,162.00
(90B)
'DEALFR INSTALLED OPTION
Current Contract Information
Contract No. 04406
Price Sheet Order Form
Page 6
COMMODITY OPTION DESCRIPTION ORDER PRICE EACH PRICE EXTENSION
CODE OTY
2318-080-08 J Visibility Package Base (Contact Dealer for $1,701.00 $
Contents)(65N)
2318-080-082 Visibility Package Complete (Includes 2318-080- $2.689.00
081) (Contact Dealer for Contents)(65W)
23 J 8-080-083 Fire Extinguisher. 2.5# Dry Chemical ABC Rated $29.40
wi Mounting Bracket, Delivered wi Vehicle.
UninstaIled (DLR)*
23 18-080-084 Rear Door Locks & Handles Inoperable(VSO FL9) $22.00
(Not available wi 2318-080-036, 2318-080-070 or ~ 110
2318-080-082)
2318-080-085 Stock Vehicle Upcharge, Dealer Stock Vehicle With All $250.00
Contract Required Equipment. Color White (Call Dealer
For Availability) (Delivery Within 7 Days When
Available) (DLR)*
SUBTOTAL 113,791
+8.0% SST 9,103.28
TOTAL 122,894.28
IMPORTANT NOTICE
"Aftermarket police equipment (such as communication gear) must not be mounted in the airbag deployment
zone. Vehicles equipped with bench seats may not have sufficient room to mount such equipment. Bucket
seats may be required. Call dealer for brochure available for police equipment mounting zones."
!!DEAI.ER INSTALLED onION
DATE SUBMITTED:
BILL # 08-0/ g
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5e
........................................................................................
SUBJECT: Purchase of a Replacement
Ambulance for the Fire Department.
Committee Meeting Date: January 23,2008
COUNCIL MEETING Date: January 30, 2068~b("ua~(P,~
Department: 46 ER&R
Presenter: Jim Orton, Fleet
Manager
Phone: 5359
SUMMARY: The 2008 budget includes an ambulance replacement. The ambulance being replaced
is a 1997 Chevrolet C30 chassis with a North Star ambulance. To keep uniformity in the fleet it is
proposed that an existing inter-local purchasing agreement between King County and Braun
Northwest of Chehalis Washington be used to make this purchase. The existing contract with King
County provides a price of $162,491.40 including sales tax. The vehicle comes complete at time of
delivery and ready for service.
ATTACHMENTS: Copy of proposal from Braun Northwest and a copy of the inter-local
purchasing agreement with King County.
FISCAL IMPACTS (Include Budgeted Amount):
available in the 510 account.
APPROVALS: ~'-
DEPARTMENT DIRECTO .
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
This is a scheduled replacement and funds are
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA ~
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: That the City Council approve the purchase of an Ambulance from
Braun Northwest in the amount of$162,491.40 in accordance with the specifications on file with the
Fleet Manager (available on request).
COUNCn. ACTION: D Approve D Deny 0 Table
o Continue D No Action
.........._.-~.d..._O::.
- ----- '.
: .Ut...lr-J I .....
','S:;,L:AFi-L
" ' ,/(
Braun Northwest Inc.
150 North Star Dr. . PO Box 1204 . Chehalis, W A 98532
360-748-0195.800-245-6303. Fax 360-748-0256
www.braunnorthwest.com
II
NOVEMBER 12, 2007
PROPOSAL
II
BREMERTON FIRE DEPARTMENT
ATTN: MICK MCKINLEY
911 P ARK AVENUE
BREMERTON, W A 98337-1550
MICK.MCKINLEY@CI.BREMERTON.WA.US
RE: 2008 NORTH STAR 167-3 MEDIC UNIT
BRAUN NORTHWEST IS PLEASED TO OFFER THE FOLLOWING PROPOSAL:
ONE (1) 2008 NORTH STAR 167-3 MEDIC UNIT PER SPECIFICATIONS DATED
11-12-07 AND DRAWINGS 02-05-07.
TillS PROPOSAL IS BASED UPON KING COUNTY MEDIC ONE BID WIDCH IS OPEN FOR
INTERLOCAL PURCHASES.
BASE BID KING COUNTY 11/112005.. ......... ................. .... ..... ......... ...... ......$126,595.00
CHANGES TO MATCH CURRENT BREMERTON SPECIFICATIONS AS OF
11-12-2007 AND 2008 FORD CHASSISfMANUFACTURINGIEQUIPMENT
'STANDARDS.................................................................................... ....... $24,060.00
TOTAL F.O.B. BREMERTON, W A.....................;...................................... $150.455.00
Sales tax not included
F.O.B.:
BREMERTON, WASHINGTON
DELIVERY: APPROXIMATELY THREE HUNDRED (300) DAYS
TERMS:
NINETY PERCENT (90%) PAYMENT DUE UPON RECEIPT
OF VEIDCLE. BALANCE DUE IN TIDRTY (30) DAYS.
Braun Northwest, Inc. is a Washington dealer (0991-A) with insurance information available upon request.
customer's Government Ford Fleet Identification Number.)
We agree to accept the above proposal:
BREMERTON FIRE DEPARTMENT
Signature
Date
) / -/2, -o?
Printed Name
Title
KJ/sed
cc: RU
....---.--
Cooperative Purchasing
Agreement
(@)
King County
Department of Executive Services
Finance and Business Operations Division
Procurement and Contract Services Section
Exchange Building, EXC-ES-0862
821 Second Avenue, 8th Floor
206-684-1681 TrY Relay: 711
In accordance with Chapter 39.34 RCW, King County and the City of Bremerton agree to a
cooperative governmental purchasing agreement for various equipment and supplies using King
County's competitively awarded contracts.
King County therefore extends the use of its contracts to the City of Bremerton to the extent provided
by law and upon the following terms:
(1) The vendor(s) agree to extend to the City of Bremerton the terms and conditions of King
County's contract(s).
(2) The City of Bremerton accepts responsibility for compliance with any additional or varying
laws and regulations governing its purchases. Any purchases by the City of Bremerton
shall be effected by a purchase order from the City of Bremerton and directed to the
vendor.
(3) King County accepts no responsibility for the performance of any of the purchasing
contracts by the vendor.
(4) King County accepts no responsibility for payment of the purchase price by the City of
Bremerton.
This agreement may be revoked at any time in writing by either party.
Accepted for King County
Accepted for: City of Bremerton
David Leach
y(~/Ot
Procuremen,- anager
~
J
Title #111'1P/'l-
Date: & It-) /p S--
I I
Date: 1/3 /; sjAC;--
!
4/27/20054:44 PM, Coopagr1
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL # D g - 0 I CJ
5F
DATE SUBMITTED:
........................................................................................
SUBJECT: Replacement of three vehicles
for the Parks Department
Committee Meeting Date: January 23,2008
COUNCIL MEETING Date: -Januflfj' 30, ~e08 R-brua~l~
Department: Equipment Services
Presenter: Jim Orton, Fleet
Manager
Phone: 5359
SUMMARY: The approved budget shows three (3) Parks Department trucks being replaced in 2008.
These vehicles are scheduled replacements. Two (2) of these vehicle replacements will come from
Columbia Ford of Longview, W A at a total cost of $40,454.64 including sales tax purchased using
State Contract pricing. The third vehicle will come from Sound Ford of Renton, W A at a total cost of
$32,348.32 including sales tax also off the State Contract for 2008. Funds are available in the 510
Equipment Replacement Fund. All three vehicles being replaced will be surplused and removed from
the fleet.
ATTACHMENTS: Purchasing worksheets for all three vehicles from the state contract.
FISCAL IMPACTS (Include Budgeted Amount): Nfl iu~pact, ~ds available in 510
APPROVALS:
DEPARTMENT DIRECTO
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
CONSENT AGENDA IgJ
GENERAL BUSINESS D
PUBLIC HEARING D
COMMITTEE CHAIR
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Recommend council approve purchase ofthree (3) vehicles for
Parks Department at a total cost of $72,802.96
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
Current Contract Information
Contract No. 05307
Price Sheet Order Form
Page 1
TO ORDER COMPLETE PRICE SHEETS AND SUBMIT WITH STATE FORM A-ISA PURCHASE REQUIS/110N TO
OFFICE OF STATE PROCUREMENT BEFORE MARCH 31, 2008. ONLINE ORDERS ,\;lAY BE PLACED AT
!l!Jps:llfortress. wll.J!ovl!!allnetlvehrelllvelwzellll.htm. TO MINIMIZE PRODUC110N DELA YS ORDER AS EARLY AS
POSSIBLE.
TRUCK
HD 3/4 TON (4X2)
VEHICLE TYPE: HD 3/4 TON REGULAR CAB PICKUP (4X2)
MAKE/MODEL: 2008 FORD F250
EQUIPMENT INCLUDED IN NET PRICE
Air Bags, Driver & Passenger w/deactivation Switch Full Vinyl Bench Seat w/ Recliner
8800# GVWR Headliner. Door Trim Panels, Vinyl Floor Covering
5.4 liter, 8 Cylinder Gas Engine Dome Light
Automatic Overdrive transmission (44T) Cigarette Lighter/Auxiliary Power Source
8 Foot Long Box, Wide Body Manual Foldaway Exterior Mirrors
Air Conditioning Oil Pressure, Coolant & Trans.Temp & Voltmeter Gauges
L T245/75R I7E All Season Steel Belted Radial Tires(l) HD Rear Step Bumper, Painted
Full Size Spare Tire & Wheel, Carrier, Jack & Lug Maximum Fuel Capacity (38 gal)
Wrench Light Tinted Glass all around
HD Power Brakes, Anti Lock, 4 Wheel All Factory Standard Equipment including:
Power Steering Tachometer
HD Shocks Engine Hour Meter
115 AMP Alternator Cargo Light
650 CCA Battery Front Tow Hooks
Intermittent Wipers Tire Pressure Monitoring System
AM/PM/Stereo w. Clock 4.10: 1 rear axle ratio as equipped
Maximum Factory Cooling: Radiator, Eng. Oil, Trans. 3 yr/36,000 mile warranty, Bumper to Bumper,
HDTowing Package w/Class IV 12,500# Receiver, 5Yr/60,000 Mile Powertrain
7 Wire Harness Mercury Free Vehicle
Set of Four Keys Lead Wheel Weights
DEALER: COLUMBIA FORD (W403)
7007'11 Avenue
Longview, W A 98632
DEALER CaNT ACT Marie Tellinghiusen or Steve Sari
PHONE: 360-423-4321
EMAIL: mariet@colford.com
FEDERAL TAX ID NO.: 91-0650166
DELIVERY:
60 - 120 Days ARO
PA YMENT TERMS: $200 Per Vehicle Discount 20 Days Net 30*
NET PRICE: (Vehicle equipped as above. delivered to any point within the State of Washington, exclusive of Federal Excise
and before 8.0% Sales Tax including a .3% vehicle tax)
COMMODITY CODE VEHICLE DESCRIPTION
ORDER OTY PRICE EACH
PRICE EXTENSION
2318-120-001
Truck, HD 3/4 Ton, Regular Cab Pickup,
Wide Box, 8 Ft. (4X2), 2008 Ford F250 XL
(F20/600A)
$15,854.00 "'
$ 15.854
NO COST EXTERIOR COLORS: INDICATE QUANl1TY OF COLOR(S) SELECTED
Black_, Red_, Forest Green _, Dark Blue Pearl_. Pueblo Gold _, Silver
Shadow Grey_, School Bus Yellow_. Dark Toreador Red_.
Oxford White XX ,
. Darkstone , Dark
(1) Tire Chain Compatible
DEALER INSTALLED OPTION
Current Contract Information
Contract No. 05307
Price Sheet Order Form
Page 2
COMMODITY OPTION DESCRIPTION ORDER OTY PRICE EriCH PRICE EXTENSION
CODE
2318-120-010 Credit for pickup from selling Dealer (Orders for $( 135.00) $
Eastern WA. Area Code 50Y) (DLR)* (Decluct)*
23 18-120-0 11 Credit for pickup from selling Dealer (Orders for $(30.00)
Western W A, Area Codes 206, 253, 360, 425)
(DLRY (Deduct)*
23 18-120-0 12 Air Conditioning (Delete) (D572)(Deduct) $(680.00)
2318-120-013 Alternative Turbo Diesel Engine, 6.4 Liter 8 $5,723.00
cylinder (includes 9,400# GYWR Dual Batteries,
Trailer Hitch Receiver, 135 Amp Alternator, 3.73
Rear Axle Ratio)(99RJ44B) (B5 Biodiesel
Certified)
2318-120-014 Alternative Gas Engine, 6.8 Liter 10 Cylinder $498.00
(Includes 9,000# GYWR Trailer Hitch Receiver)
(99Y 144T)
2318-120-0 15 Alternative Seating, HDYinyl Bucket Seats, with $295.00
Center Tray (TTJ)
23 18-120-016 Alternators, Dual (320 Amps total)(Only avail $315.00
w/Diesel (67 A)
2318- I 20-0 I 7 Bedliner, Drop In (inc!. Over Rails & Tailgate) $245.00
(Rugged Liners)(DLR)*
23 18-120-0 18 Bedliner, Spray-On (inc!. Over Rails & 1 $423.00 423
Tailgate )(Line- X)(DLR)*
23 18- I 20-01 9 Bed Mat, HD Rubber (DLR)* $115.00
23 18-120-020 Cab Chassis, Pickup Box Delete (Includes Spare $(307.00)
Tire& Wheel)(Not Avail wNlO Engine 2318-120-
o 14)(66D/512)(Deduct)
2318-120-021 Cab Steps Black Molded (18B) $266.00
2318- I 20-022 Clearance Lights (592) $46.00
2318-120-023 Cruise Control (525)(Requires #2318-120-038) $195.00
2318- 120-024 Differential, Limited Slip (Not avail wi 5.4L $249.00
gasoline engine when ordered wi 2318-120-026
DRW) (X3L/X4N)
23 18-120-025 GYWR Increased 10,100#, single Rear Wheels $627.00
I Ton (Includes L T 27 5/65R 18E All Season
Tires)(F30/610A/TCHrrCC)
23 18-120-026 GYWR, Maximum 11,800# Dual Rear Wheels $1,253.00
I Ton (Includes L T 245/75R 17E All Season
Tires, Set of 7)(Delete TPMS)(F32/620ArrB K)
2318-120-027 Heater, Engine Block (41 H) $29.00
23 18-120-028 Keys, Set of 2 Instead of 4 (DLR) * (Deduct) $(4.00)
23 18-120-029 f.vlanual, Pm1s & St~rvice. CD (DLR)': $241.00
23 18-120-030 Mirrors, Manual Telescoping Trailer Tow (Not I $104.00 104
A vail w/Power Group 2318-120-031 )(54D)
23 18-120-03 1 Power Group (Windows, Door Locks, Mill'ors) $440.00
(90L)
2318-120-032 Rear Axle Ratio. 4.30: I (Includes Limited Slip $299.00
Differential 2318-120-024, Requires Y 10 Engine
2318-120-014)(X4L)
*DEALER INSTALLED OPTION
Current Contract Information
Contract No. 05307
Price Sheet Order Form
P'l ue:1
.,"', -
COMMODI1T OPTION DESCRIPTION ORDER OTY PRICE EACH PRICE EXTENSION
CODE
2318-120-033 Seat, HD Cloth Full Bench w/ recline (TTC) $] 33,00 $
2318-120-034 Spotlight. 6 inch Clear Lens. Pillar Mounted Left $337.00
(DLR)*
2318-120-035 Spotlight, 6 Inch Clear Lens, Roof Mounted $327.00
(DLR)*
23 18- I 20-036 Stereo AMIFM w/Single CD(585) $228.00
23 18-120-037 Suspension Pkg. HD Front Springs (Not Avail w/ $104.00
Stabilizer Pkg 2318-120-052)(67H)
2318-120-038 Tilt Steerinl! Wheel (524) $125.00
2318-120-039 Transmission, 6 SpeeJ Manual (445/447)(Deduct) $(1,192.00)
23 18-120-040 Undercoating (DLR)* $145.00
23 18-120-041 Manufacturer To Dealer Order Acknowledgment $0.00
Document Faxed to Customer (DLR)*
23 18-120-042 Warranty, Delayed Start (Submit Online at $0.00
www.Fordwsd.com)(DLR) *
2318-120-043 Window, Sliding Rear (433) $104.00
23 18-120-044 Fire Extinguisher, 2.5# Dry Chemical ABC Rated $30.00
w/Mounting Bracket, Delivered w/ Vehicle,
Uninstalled (DLR)*
2318-120-045 Mirrors, Manual Telescoping Trailer Tow wi $183.00
Power Heated Glass & Integrated Clearance
Lamps & Turn Signals (reg. Power Group 2318-
120-031)(NA w/AC Delete 2318-120-012)(54K)
23 18- 120-046 PATS (Passi ve Anti-Theft Svstem)(52P) $62.00
2318-120-047 Traction Control (60T) $108.00
23 18-120-048 Tow Command Integrated Trailer Brake Controller $191.00
(works wi Electric Brakes only; Deletes Trailer
Brake Wiring Kit Included with Standard Trailer
Tow Packal!e (52B)
2318-120-049 Transmission Power Take-off Provision (avail only $208.00
w/Diesel Engine 2318-120-013)(Included w/2318-
120-(39)(62R)
2318-120-050 U pfitter Switches (4) located on Instrument Panel 1 $71.00 71
(66S)
23 18-120-05 I Camper Package (Inc. Extra Heavy Service Front $133.00
Springs, Rear Stabilizer Bar, Slide-in Camper
Celiification & Rear Auxiliary Springs) (NA
w/Pickup Box Delete 2318- I 20-020, Stabilizer
Pkg2318-120-052 or Heavy Service Suspension
Pkg.23 18-120-053 (471)
2318-120-052 Stabilizer Package (Inc. Heavy Service Front $95.00
Springs & Rear Stabilizer Bar)(NA w/Camper Pkg
23 18-120-051 or Heavy Service Suspension Pkg.
2318-120-053)( Included w/DRW 2318-120-026)
(63B)
*DEALER INSTALLED OPTION
Current Contract Information
Contract No. 05:"107
Price Sheet Order Form
Page 4
COMMODITY OPTION DESCRIPTION ORDER OTY PRICE EACH PRICE EXTENSION
CODE
2318-120-053 Heavy Service Package for Pickup Box Delete $104.00 $
(Inc. Heavy Service Front Springs. Rear Stabilizer
Bar & Rear Auxiliary Springs)(NA w/Stabilizer
Pkg 2318-120-052or Heavy Svc Suspension Pkg
2318-120-(37)(63R)
23 18-120-054 Daytime Running Lights (942) 1 $37.00 37
2318-120-055 Mud Flaps, Rear Molded (DLR)* $75.00
2318-120-056 Reverse Sensing Aid (Not available w/2318-120- $203.00
020)(76R)
2318-120-057 Seat Trim, HD Cloth Buckets (inc. t100r $427.00
tray)(TTG)
2318.]20-058 Seat Trim, Vinyl 40/20/40 Split Bench (TTT) $332.00
2318.120-059 Seat Trim, Cloth 40/20/40 Split Bench)(TT3) $353.00
23 18-120-160 Dual Beam Jewel Effect Headlamps & Under $62.00
Hood Service Light (59R)
23 18-120- 16 ] Canopy, Gem Top Workmaster Steel Canopy, Side $2.092.00
Fixed Glass, Rear Liftup Glass (DLR)*
2318-120-162 Push Bumper, HD w/Horizontal Push Pads, $299.00
Installed (Setina PB400)(DLR)*
16,489
SUBTOTAL
+8.0% 55T 1,31912
TOTAL 17,808.12
"DEALER INSTALLED OPTION
Current Contract Information
Contract No. 05307
Price Sheet Order Form
Page 13
TO ORDER COMPLETE PRICE SHEETS AND SUB,t/IT WITH STATE FORM A-/SA PURCHASE REQUISITION TO
OFFICE OF STATE PROCUREMENT BEFORE MARCH 31, 2008. ONLINE ORDERS MAY BE PLACED AT
https:/lfortl'ess.wa.J:ovlf?a/illet/vclzreq/vehmenu.htm. TO MINIMIZE PRODUC110N DELAYS ORDER AS EARLY AS
POSSIBLE.
TRUCK
HD 3/4 TON PICKUP (.:./.X4)
VEHICLE TYPE: HD 3/4 TON REGULAR CAB PICKUP (4X4)
MAKE/MODEL: FORD F250
EQUIPMENT INCLUDED IN NET PRICE
Air Bags, Driver & Passenger w Deactivation /Switch Vinyl Full Bench Seat w/ Headrests
9,000# GVWR Headliner, Door Trim Panels, Vinyl Floor Covering
5.4 liter, 8 Cylinder Gas Engine Dome Light
8 Foot Long Box, Wide Body Cigarette Lighter/Auxiliary Power Source
Automatic Overdrive transmission (44T) Manual Black Foldaway Exterior Mirrors
2 Speed Transfer Case w/ Manual Hubs Oil Pressure, Voltmeter, Coolant & Trans Temp Gauges
Skid Plate Pkg. (411') HD Rear Step Bumper, Painted
Air Conditioning Maximum Fuel Capacity (38 gal) W/ Skid Plate
LT245/75R17E All Terrain Steel Belted Radial Tires(l) Maximum Cooling: Radiator, Eng. Oil. Trans.
Full Size Spare Tire & Wheel, Carrier, Jack & Lug HD Shocks
Wrench Front Tow Hooks
HD Power Brakes, Anti Lock, 4 Wheel Light Tinted Glass all around
Power Steering All Factory Standard Equipment including:
115 AMP Alternator 4.10: I rear axle ratio as equipped
600 CCA Battery Tachometer
Intermittent Wipers Tire Pressure Monitoring System
AM/PM Radio w/Clock Engine Hour Meter
HD Towing Package w/Class IV 12,500# Receiver, Cargo Light
7 Wire Harness 3 yr/36,000 Mile Warranty,5Yr/60,000 Mile Powertrain
Four Sets of Keys Mercury I<'ree Vehicle
Lead Wheel Weights
DEALER: COLUMBIA FORD (W403)
700 7lh A venue
Longview, W A 98632
DEALER CONTACT Marie Tellinghiusen or Steve Sari
PHONE: 360-423-4321
EMAIL: mariet@colford.com
FEDERAL TAX ID NO.: 91-0650166
DELIVERY:
60 - 120 Days
PA YMENT TERMS: $200 Per Vehicle Discount 20 Days, Net 30*
NET PRICE: (Vehicle equipped as above, delivered to any point within the State of Washington, exclusive of Federal Excise
and before 8.0% Sales Tax including a .3% vehicle tax)
COMMODITY CODE VEHICLE DESCRIP110N ORDER OTY PRICE EACH PRICE EXTENSION
2318-125-00 I
Truck, HD 3/4 Ton, Regular Cab Pickup,
(4X4), 2008 Ford F250 XL (F211600A)
$18,687.00 "
$ 18,687
NO COST EXTERIOR COLORS: INDICATE QUANI1TY OF COLOR(S) SELECTED Oxford White XX
Black_, Red_, Forest Green _' Dark Blue Pearl_, Pueblo Gold _' Silver _' Darkstone
Dark Shadow Grey_, School Bus YelIow_, Dark Toreador Red_.
(I) Tire Chain Compatible
*DEALER INSTALLED OPTION
"'AFTERMARKET OPTION - SEE AFTERMARKET EQUIPMENT SPECIFICATIONS
Current Contract Information
Contract No. 05307
Price Sheet Order Form
Page 14
COMMODITY OPTION DESCRIPTION ORDER OTY PRICE EliCH PRICE EXTENSION
CODE
2318-125-0 I 0 Credit for pickup from selling Dealer (Order for $( 135.00) $
Eastern WA) (DLR) (Deduct)*
2318-[25-0 II Credit for pickup ti'om selling Dealer (Orders for $(30.00)
Westem W A) (DLR) (Deduct)*
2318-125-012 Air Conditioning Delete (0572) (Deduct) $( 680.00)
2318-125-013 Alternative Turbo Diesel Engine, 6.4 Liter. 8 $5.723.00
Cylinder, 9,600# GVWR (inc!. Dual Batteries, 135
Amp Alternator, 3.73 rear Axle)(B5 Biodiesel
Certified)(99R/44B)
2318-125-014 Alternative Gas Engine, 6.8 Liter, 10 Cylinder, 1 $498.00 498
9,200 # GVWR (99Y/44T)
2318-125-015 Alternative Seating, HD Vinyl Buckets wlCenter $295.00
Trav (TTJ)
2318-125-016 Bedliner, Drop In (inc!. Over Rails & Tailgate) $245.00
(Rugged Liners)(DLR)*
2318-125-017 Bedliner, Spray on (Line-X)(incl. Over Rails & 1 $423.00 423
Tailgate) (DLR)*
2318-125-018 Bed Mat (DLR)* $115.00
2318-125-0 I 9 Cab & Chassis only without Bed and Rear $(307.00)
Bumper, No Trailer Hitch Receiver (CA 56"),
Rear Lights & Spare Tire Carrier to be mounted on
Rear Frame of Truck (Factory incomplete
vehicle)(Not Avail wNlO Engine 2318-125-014)
(66D/512) (Deduct)
2318-125-020 Cab Steps, Black Molded (18B) $266.00
2318-125-021 Cruise Control (525)(Requires 2318-125-040) $195.00
2318-125-022 Daytime Running Lights (942) I $37.00 37
2318-125-023 Differential, Limited Slip(Not avail wi 5.4L I $249.00 249
gasoline engine when ordered wi 2318-125-025
DRW) (3.73/4.lO)(X3L/X4N)
2318-125-024 GVWR, Increased, 10,100# (1 Ton Single Rear I $642.00 642
Wheels, LT265/70R17E All Terrain Tires, Rear
Aux Sp!ings) (F31/61 OAITCE)
2318-125-025 GVWR, Maximum 12,000# (1 Ton Dual Rear $1.223.00
Wheels, L T245/75R 17E All TelTain Tires. Set of
7, Rear Aux Springs. Rear Stabilizer Bar)(De\etes
TPMS)(F13/620A/TBM)
:n 18-125-026 Heater. Engine Block (41 H) $29.00
:n 18-125-027 Keys, Set of 2 Instead of 4 (DLR) * (Deduct) $(4.00 )
2318-125-028 Roof Clearance Lights (592) $46.00
2318-125-029 Manuals, Parts & Service, CD (DLRY $24 I .00
23 18-125-030 Mirrors, Manual Telescoping Trailer Tow (Not I $104.00 104
A vail wI Power Group 2318-125-032)(540)
;''DEALER INSTALLED OPTION
* "AFTERMARKET OPTION - SEE AFTERMARKET EQUIPMENT SPECIFICATIONS
Current Contract Information
Contract No. 05307
Price Sheet Order Form
Page 1 5
-
COAfMODITY OPTION DESCRIPTION ORDER OTY PRICE EACH PRICE EXTENSION
CODE
2318-125-031 Mud Flaps, Rear Molded (DLR) " $75.00 $
2318-125-032 Power Windows, Door Locks, Mirrors (YOL) $440.00
2318-125-033 Rear Axle Ratio. 4.30: 1 (Includes Limited Slip $2Y9.00
Difkrential 2318-125-023 (Requires V 10 Engine
2318-125-014 )(X4L)
2318-125-034 Reverse Sensing Aid (not available with cab & $203.00
chassis 2318-125-0 19)(76R)
2318-125-035 Seat, HD Cloth Full Bench wi recline (TTC) $133.00
2318-125-036 Snow Plow Package (Western 7ft 6in Model $5,282.00
IUTP75 w/Joystick Control)(Not Avail w/2317-
125-025, see 2318-125-037)(DLR/473)**
2318-125-037 Snow Plow Pkg when ordered w/DRW 2318-125- $5,691.00
025(Westem 8ft 6in IUTP85)(DLR)*
2318-125-038 Spotlight, 6 inch, Clear Lens, Door Mounted, Left $337.00
(DLR)*
2318-125-039 Suspension. HD Front Springs (Not Avail w/Snow $104.00
Plow Pkg or Stablilizer Pkg)(67H)
2318-125-040 Tilt Steering Wheel (524) $125.00
2318-125-041 Tires, All Season Tread (Set of 5)(TBK)(Deduct) $(100.00)
2318-125-042 Transmission 6 Speed Manual (445/477) (Deduct) $(1,192.00)
2318- 1 25-043 Undercoating (DLR)* $145.00
2318-125-044 Warranty, Delayed Start (Order Online at $0.00
www.Fordwsd.com) (DLR)*
2318-125-045 Winch Package 9000#, Installed (Warn Tabor $1,632.00
9000 w/Multi Mount Kit)(DLR)**
2318-125-046 Winch Pkg, 12,000#, Installed w/tixed $2,619.00
Transformer Mount (Warn)(DLR)**
2318-125-047 Window, Sliding Rear (433) $104.00
23 18-125-048 Manufacturer to Dealer Order Acknowledgement $0.00
Document Faxed to Customer (DLR) *
2318-125-049 Alternators, Dual (320 AMP Total) (Avail only wi $315.00
diesel)(67 A)
23 18-125-050 Manual Telescoping Trailer Tow Mirrors w/Power $183.00
Heated Glass & Integrated Clearance Lamps &
Turn Signals (req. 90L Power Group 2318-125-
032)(NA w/AC Delete 2318-125-0l2)(54K)
2318-125-051 PATS (Passive Anti-Theft System)(52P) $62.00
2318- [25-052 Traction Control (60T) $108.00
23 [8-125-053 Transfer Case. Electric Shift 011 the Fly (213) I $154.00 /54
23 18-125-054 Tow Command Intregrated Trailer Brake $191.00
Controller (works wi Electric Brakes only; Deletes
Trailer Brake Wiring Kit Included with Standard
Trailer Tow Package (52B)
2318-125-055 Transmission Power Take-Off Provision (Avail $208.00
only w/Diesel)(Included w/2318-125-042)(62R)
*DEALER INSTALLED OPTION
"*AFfERMARKET OPTION - SEE AFTERMARKET EQUIPMENT SPECIFICATIONS
Current Contract InCormation
Contract No. 05307
Price Sheet Order Form
Page 16
COMMODITY OPTION DESCRIPTION ORDER OTY PRICE EACH PRICE EXTENSION
CODE
2318-125-056 AM/FM/Single CD/Clock (585) $228.00 $
2318-125-057 Upfitter Switches (4) located on Instrument Panel I $71.00 7I
(66S)
2318-125-058 Camper Package (Inc. Extra Heavy Service Front $133.00
Springs, Rear Stabilizer Bar, Slide-in Camper
Certification & Rear Auxiliary Springs) (NA
w/Pickup Box Delete 2318-125-019, Stabilizer
Pkg 2318-125-059 or Heavy Service Suspension
Pkg.23 18-125-039 (471)
2318-125-059 Stabilizer Package (Inc. Heavy Service Front $95.00
Springs & Rear Stabilizer Bar)(NA w/Camper Pkg
2318-125-058 or Heavy Service Suspension Pkg.
2318-125-039 (Included w/DR W 2318-125-025)
(63B)
2318-125-060 Heavy Service Package for Pickup Box 2318-125- 1 $104.00 104
019 Delete (Inc. Heavy Service Front Springs,
Rear Stabilizer Bar & Rear Auxiliary Springs)(NA
w/Stabilizer Pkg 2318-125-059, Snow Plow Pkg
2318-125-036 or Heavy Svc Suspension Pkg 2318-
125-039)(63R)
2318-125-061 Fire Extinguisher, 2.5# Dry Chemical ABC Rated $30.00
w/Mounting Bracket, Delivered wi Vehicle,
UninstaIled (DLR)*
2318-125-062 Seat trim, HD Cloth Buckets (inc. floor tray)(TTG) $427.00
2318-125-063 Seat trim, Vinyl 40120/40 Split Bench (TTT) $332.00
2318-125-064 Seat trim, Cloth 40120/40 Split Bench (Tn) $353.00
2318-125-065 Dual Beam Jewel Effect Headlamps & Under $62.00
Hood Service Light (59R)
2318-125-066 Canopy, Gem Top Workmaster Steel Canopy Side $2,092.00
Fixed Glass, Rear Liftup Glass (DLR)*
2318-125-067 Push Bumper, HD w/Horizontal Push Pads, $299.00
Installed (Setina PB400)(DLR)*
SUBTOTAL 20,969
+8.0% SST 1.677.52
TOTAL 22,646.52
*DEALER INSTALLED OPTION
**AFf'ERMARKET OPTION - SEE AFTERMARKET EQUIPMENT SPECIFICATIONS
Current Contract Information
Contract No. 05307
Price Sheet Order Form
Page I 7
TO ORDER COMPLETE PRICE SHEETS AND SUBlHIT WITH STATE FORM A-/SA PURCHASE REQUISITION TO
OFFICE OF STATE PROCUREMENT BEFORE MARCH 3/, 2008. ONLINE ORDERS MAY BE PLACED AT
httTJs://f"ortress.wa.J;!ov/ea/inetlvehreq/vehmenu.htm. TO MINIMIZE PRODUCTION DELAYS ORDER AS J<.'ARLY AS
POSSIBLE.
TRUCK
HD 3/4 TON (4X4) EXTENDED CAB
VEHICLE TYPE: HD 3/4 TON EXTENDED CAB PICKUP (4X4)
MAKE/MODEL: FORD F250 SUPER CAB
EQUIPMENT INCLUDED IN NET PRICE
Air Bags Driver & Passenger w/ Deactivation Switch
9400# GVWR
5.4 liter, 8 Cylinder Gas Engine
Automatic Overdrive transmission (44T)
Air Conditioning
Two Speed Transfer Case, Manual Hubs
Skid Plate Package (4IP)
8 Foot Long Box, Wide Body
LT245/75R17E All Terrain Steel Belted Radial Tires (1)
Full Size Spare Tire & Wheel, Carrier, Jack & Lug
Wrench
HD Power Disc Brakes, Anti Lock, 4 Wheel
Power Steering
HD Shocks, Front Stabilizer Bar
115 AMP Alternator
650 CCA Battery
Intermittent Wipers
Front Tow Hooks
Four Sets of Keys
Mercury Free Vehicle
Lead Wheel Weights
DEALER: SOUND FORD (W349)
101 SW Grady Way
Renton, W A 98057
AM/FM/Radio w/Clock
Maximum Cooling: Radiator, Eng. Oil, Trans.
HD Towing Package w/Class V Receiver, 7 Wire Harness
40120/40 Vinyl front Split bench seat w/Reclining Backrest,
(TS) Fold up rear Bench seat, Four Door access
Headliner, Door Trim Panels, Vinyl Floor Covering
Dome Light
Cigarette Lighter/Auxiliary Power Source
Dual Black Fold Away Mirrors
Oil Pressure, Coolant and Trans Temp Gauges
HD Rear Step Bumper, Argent Painted
Maximum Fuel Capacity (38 gal)
Light Tinted Glass all around
All Factory Standard Equipment including:
Engine Hour Meter
Tachometer
Tire Pressure Monitoring System
Cargo Light
4.10: I Rear Axle Ratio as equipped
3 yr/36,000 Mile Warranty, 5Yr/60,000 Mile Powertrain
DEALER CONTACT Coleen Flowers or Arnold Mukai
PHONE: 1-425-277-1363
EMAIL: gov@soundford.com
FEDERAL TAX ID NO.: 91-0906207
DELIVERY:
90 - 120 Days ARO
PA YMENT TERMS: $400 Per Vehicle Discount 20 Days, Net 30*
NET PRICE: (Vehicle equipped as above, delivered to any point within the State of Washington, exclusive of Federal Excise
and before 9.2% Sales Tax including a .3% vehicle tax)
COMMODITY CODE VEHICLE DESCRIPTION
ORDER OTY PRICE EACH PRICE EXTENSION
2318-127-00 I
Truck, HD 3/4 Ton, Extended Cab Pickup,
Wide Box, 8 Ft. (4X4), 2008 Ford
Superduty Supercab (X21/600A)
$21,072.00'
$_21,072-=-
NO COST EXTERIOR COLORS: INDICATE QUANTITY OF COLOR(S) SELECTED Oxford White XX
Red_, Forest Green _, Dark Blue Pearl_, Pueblo Gold _, Silver _, Darkstone
Dark Shadow Grey__, School Bus Yellow_, Dark Toreador Red_.
(I) Tire Chain Compatible
, Black_,
"DEALER INSTALLED OPTION
**AFTERMARKET OPTION - SEE AFTERMARKET EQUIPMENT SPECIFICATIONS
Current Contract Information
Contract No. 05307
Price Sheet Order Form
P 18
age (
COMMODITY OPTION DESCRIP110N ORDER OTY PRICE EACH PRICE EXTENSION
CODE
2318-127 -010 Credit for pickup from ~elling Dealer in~tead of vehicle $(100.00) $
being driven to customer (Order for Eastern W A, Area
Code 509) (EW) (Deduct)"
23 18-127 -0 II Credit for pickup from selling Dealer instead of vehicle $(50.00)
being driven to customer (Orders for Western W A, Area
Codes 206, 253, 360,425) (WW) (Deduct)*
2318-127 -0 12 Air Conditioning Delete (D572) (Deduct) $(680.00)
2318-127-013 Alternative Turbo Diesel Engine, 6.4 Liter, 8 Cylinder, 1 $5,723.00 5,723
10,000# GYWR (inc!. Dual Batteries, 135 Amp
Alternator, 3.73 rear Axle Ratio)(B5 Biodiesel
Certified)(99R/44B)
2318-127-014 Alternative Gas Engine, 6.8 Liter 10 Cylinder, 9,600# $498.00
GYWR (99Y/44T)
2318-127-015 Alternative Seating, HD Vinyl Front Buckets, w/Center $(36.00)
Console (Deduct)(TTJ)
2318-127-016 Alternative Seating Cloth 40/20/40Bench Seat $21.00
w/Recliner <3S)
2318-127-017 Alternators, Dual (Total 320 AMPS) (Only Avail $315.00
w/Diesel)(Not available w/23 18-127 -035)(67 A)
2318-127 -0 18 Bedliner, Drop in (DLR)* $230.00
2318-127-019 Bedliner, Spray on (DLR)* 1 $385.00 385
2318-127c020 Bed Mat, HD Rubber (DLR)* $135.00
2318-127-021 Cab Steps, Black Molded( 18B) $307.00
2318-127 -022 Cruise Control ITilt Steering Wheel (Includes 2318- $320.00
127-044)(524/525)
2318-127-023 Daytime Running Lights (942) 1 $37.00 37
2318-127-024 Differential, Limited Slip (Not avail wi 5.4L gasoline 1 $249.00 249
engine when ordered wi 2318-127-026
DRW)(3.73/4.1O)(X3L/X4N)
2318-127-025 GVWR, Increased, 10,400# (1 Ton Single Rear Wheels, 1 $940.00 940
LT265/70R 17E All Terrain Tires, Aux Rear Springs)
(X31161OA/TCE)
2318-127 -026 GYWR, Maximum 12,400# (1 Ton Dual Rear Wheels, $1,534.00
LT245/75R 17E All Terrain Tires, Set of7, Aux Rear
Springs, Rear Stabilizer Bar)(Deletes
TPMS)(X33/620A/TBM)
2318-127-027 Heater, E1l!!ine Block (4IH) $29.00
2318-127-028 Keys, Set of 2 Instead of 4 (DLR) " (Deduct) $(2.00)
23 18-127 -029 Manual, Parts & Service, Paper (DLR)* $245.00
2318-127-030 Manuals, Pw.ts & Service CD (IJLR)' $245.00
2318-127 -031 Mirrors, Manual Telescoping Trailer Tow, Not Avail $104.00
w/2318-127-034) (PR) (54D)
"DEALER INSTALLED OPTION
HAFTERMARKET OPTION - SEE AFTERMARKET EQUIPMENT SPECIFICATIONS
Current Contract Information
Contract No. 05307
Price Sheet Order Form
Page 19
COMMODITY OPTION DESCRIPTION ORDER PRICE EriCH PRICE EXTENSION
CODE OTY
2318-127-032 Mirrors. Trailer Tow. Telescoping w/Po\\ier I leated Glass, 1 $1l33.00 $183
Clearance Lamps/Turn Signals (Also Requires Purchase of
2318-127 -034)(not avail w/2318-l27 -012 (54K)
2318-127-033 Mud Flaps. Rubber, Rear (DLR) * $48.00
2318-127-034 Power Group (Windows, Door Locks, Mirrors) (90L) 1 $440.00 440
2318-127-035 Pickup Bed Delete (No Bed, Tailgate, Bumper, Hitch $(287.00)
Receiver) (Rear Lights) Spare & Spare Tire Carrier
to be mounted on rear frame) (Incomplete vehicle
requires further manufacture & certification by a
final stage manufacturer) (Not available wi 23 I 8-
127-037 or 2318-127-014) (66D/512) (Deduct)
2318-127-036 Roof Clearance Lights (592) 1 $46.00 46
2318-127-037 Short Bed 6 % FT Box. 9,200# GVWR (142 Inch $(165.00)
WB, 30.5 Gal Fuel)(Not avail wi 2318-127-026)
(142WB )(Deduct)
23]8-127-038 Skid Plate Package Delete (D4] P) (Deduct) $(80.00)
2318-]27-039 Snow Plow Package, Single Rear Wheel (Not Avail $5,235.00
w/2318-127 -026, see 2318-127-066) Meyer ST 7.5
(DLR/473)**
2318- I 27-040 Spotlight, 6 inch, Clear Lens, Door Mounted, Left $395.00
(DLR)*
23] 8-127-041 Stock Vehicle Upcharge, Dealer Stock Vehicle wlall $250.00
Contract Required Equipment, Color White.
Delivery within 7 Days when available. (bLR)*
2318-127-042 Stereo, AM/FM/Single CD (585/91B) 1 $228.00 228
23]8-]27-043 Suspension Package, Heavy Service (HD front $104.00
Springs)(Not Avail w/Snow Plow Pkg)(67H)
2318-127-044 Tilt Steering Wheel (524) $ 125.00
2318-127-045 Tires, All Season Tread (Set 5) (TBK) (Deduct) $(100.00)
2318- 127-046 Transmission, 6 Speed Manual (445/447)(Deduct) $(1,192.00)
2318-127-047 Transmission Power Take Off (Requires Diesel)(Not A vail $208.00
w/2318-127 -046) (62R)
2318-127-048 Undercoating (DLR)* $ 135.00
2318-127-049 Window, Sliding Rear (433) $104.00
23 I 8- I 27 -0.50 Manufacturer to Dealer Order Acknowledgement $0.00
Document Faxed to Customer (DLR)*
2318-127-051 Warranty Delayed Start (Order Online at $0.00
www.Fordwsd.col11) (DLRY
2318-127-052 Reverse Sensing Aid (audible tone inside cab, not $203.00
audible outside cab)(not available with 2318-] 27-
(35)(76R)
2318- 127-053 PATS (Passive Anti-Theft System)(Includes 2 $98.00
DLR)(52P)
2318-127-054 Traction Control (60T) $108.00
''DEALER INSTALLED OPTION
**AFTERMARKET OPTION - SEE AFTERMARKET EQUIPMENT SPECIfiCATIONS
Current Contract Information
Contract No. 05307
Price Sheet Order Form
Page 20
COMMODITY OPTION DESCRIPTION ORDER PRICE EACH PRICE EXTENSION
CODE OTY
2318-127-055 Transfer Case, Electric Shi ft on the Fly (2 13) 1 $ I 54.00 $154
2318-127 -056 Tow Command Intrcgrated Trailer Brake Controller $191.00
(works wi Electric Brakes only; Deletes Trailer
Brake Wiring Kit Included with Standard Trailer ~
Tow Package (52B)
2318- 127-057 Upfitter Switches (4) located on Instrument Panel 1 $71.00 71
( 66S)
2318-127-058 Camper Package (Inc. Extra Heavy Service Front $133.00
Springs, Rear Stabilizer Bar, Slide-in Camper
Certification & Rear Auxiliary Springs) (NA
w/Pickup Box Delete 2318- 127 -035, Stabilizer Pkg
23 I 8-127 -059 or Heavy Service Suspension
Pkg.23 18-127-043 (471)
2318-127-059 Stabilizer Package (Inc. Heavy Service Front Springs 1 $95.00 95
& Rear Stabilizer Bar)(NA w/Camper Pkg 2318-127-
058 or Heavy Service Suspension Pkg. 2318-127-
043)(Included w/DRW 2318-127-026)(63B)
2318-127-060 Heavy Service Package for Pickup Box Delete 2318- $104.00
127-035 (Inc. Heavy Service Front Springs, Rear
Stabilizer Bar & Rear Auxiliary Springs)(NA
w/Stabilizer Pkg 2318-127-059, Snow Plow Pkg
23 18-127 -039 or Heavy Svc Suspension Pkg 2318-
I 27-043)(63R)
2318-127-061 Alternative Front Seating, HD Vinyl Full Bench $(320.00)
(VSI AS)(Deduct)
2318-127-062 Alternative Front Seating, HD Cloth Full Bench $(192.00)
w/recline (CS/IS)(Deduct)
2318-127-063 Alternative Front Seating, HD Cloth Buckets (inc. $95.00
floor console)(GS) ,
2318-127-064 Fire Extinguisher, 2.5# Dry Chemical ABC Rated $35.00
w/Mounting Bracket, Delivered wI Vehicle,
Uninstalled (DLR)*
2318-127 -065 Winch Package, 9000# Warn XD 90001 Multi $1,993.00
Mount, Front Class III Receiver and Wiring, Rear
power Lead wlSolenoid (DLR)**
2318-127-066 Snow Plow Package When Ordered wi Dual Rear $5,710.00
Wheel 2318-127-026 (Meyer C8.5)(oLR/473)**
SUBTOTAL 29,623
+9.2% SST 2,725.32
TOTAL 32,348.32
*DEALER INSTALLED OPTION
l*AFTERMARKET OPTION - SEE AFTERMARKET EQUIPMENT SPECIFICATIONS
DATE SUBMITTED:
BILL #
OB-O;;2()
5q
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
...........................................8.....................8.................8....
SUBJECT:
Fueling contract with MASCO
Petroleum.
Committee Meeting Date: January 23,2008
COUNCIL MEETING Date: -Jfllffitrry 30, :WOS t=:ebruaD1 &,2.Co'Z
Department: 46 ER&R
Presenter: Jim Orton Fleet Manager
Phone: 5359
SUMMARY: A request for proposal was circulated for a new, city-wide fueling contract. One bid
was received from MASCO Petroleum (Pacific Pride). This would be a 3 year contract with
extension options for another three years. The contract has a fixed margin price of ',7 cents per
gallon over OPIS weekly rack price for all fuels. OPIS stands for Oil Price Information Service. It is
requested the City of Bremerton accept the proposal issued by MASCO Petroleum of Aberdeen,
Washington and enter into the attached contract.
ATTACHMENTS: 1) City of Bremerton Bid tabulation sheet, 2) Copy of proposal document and
acceptance signature sheet (entire proposal available on request), and 3) contract with MAS CO
FISCAL IMPACTS (Include Budgeted Amount): The old contract with MASCO, signed in 2001
had a margin of 6.84 cents/gallon and 6.78 cents per gallon for diesel and regular unleaded gasoline,
respectively. The new contract sets this margin at 7 cents per gallon for each fuel type. This contract
with MASCO is expected to represent approximately 90% of the annual ERR fuel budget of $537,000
for 2008.
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
CONSENT AGENDA ~
GENERAL BUSINESS D
PUBLIC HEARING D
COMMITTEE CHAIR
COUNCIL PRESIDENT:
RECOMMENDED MOTION: That the City Council authorize the Mayor to finalize and execute
a three-year contract with MASCO Petroleum of Aberdeen, W A for the purchase of regular
unleaded gasoline, B20 biodiesel, regular ultra-low sulfur diesel, and Mid-gradeIPremium unleaded
gasoline, subject to final approval of the City Attorney.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
CITY OF BREMERTON
BID TABULATION
BID TITLE: ~'-I,.j'- Il. D(bSG-l.. S~\A c.E--j
OPENED BY: ~'4...L.. ~
DATE OPENED: l2 ~o I TIME OPENED: 2: 00 fl"\.
C w~~et 'b6.J4...teD)
RECORDED BY: t;, '-I... fLL~
NAME OF BIDDER ~ ITEM 1 ~ ITEM 3 ~~":J~ ITEMS ITEM 6 SALES TOTAL I
$100 1)SE-s~ ...1 AJ1 I.r.:. TAX I
fv1 ASrr\ P~UdJM / ..-, --," .t~.O/ !
:iJ n,07 l
'I .. i
i
I
!
i
I
I
I
!
i
I
I
I
!
I
I
I
I
I
SUMMARY TOTAL BID COMMENTS
APPARENT LOW BIDDER h,D7 ~n( ENGINEER ESTIMATE (INC SALES TAX) $ I
fVl A-& D f 12irf.(j Lk:. tJ /V1 I
i
I
SECOND LOW BIDDER . II I
i
i
!
THIRD LOW BIDDER I
i
I
PROPOSAL DOCUMENT
The following are the margins bid over the OPIS Weekly Pad Report, average range
listed for Seattle:
FUEL TYPE MARGIN PER GALLON
DIESEL $.07
In words seven cents
REGULAR UNLEADED $ .07
In words seven cents
/}
Signed for Bidder ~:::.:>
.;-/1'
,
((~
/
~1~7
Title
Masco Petroleum
110 Commerce st.
P.O. Box 43
Aberdeen, WA 98520
(360)537-9744
. , 9,200'
':':It\ :::l aremef"'!on F ..Jel
c.age .. ~
Companies to send RFP's to:
Masco Petroleum
P.O. Box 43
Aberdeen, W A 98520
Attention: Bill Tometich
SC Fuels
2406 Port of Tacoma Road
Tacoma, W A 98421
Attention: Gary Patten
Associated Petroleum
P.O. Box 1397
Tacoma, W A 98401
Attention: Frank Pupo
Write Express
5530 NE 122nd, Suite 420
Portland, OR 97230
Attention: Heidi Monroe
SAMPLE PURCHASE AGREEMENT
THIS AGREEMENT, made and entered into in triplicate, this _ day of
2007 by and between the City of Bremerton, hereinafter called "City," and
., hereinafter called "Contractor."
WIT N E SSE T H:
That in consideration of the terms and conditions contained herein and attached
and made part of this agreement, the parties hereby covenant and agree as follows:
1. SCOPE: Contractor shall perform all work and furnish all labor, tools,
material and equipment to provide:
FUEL & FUEL DISPENSING SERVICES
All work shall be in accordance with the Technical Specifications for Gasoline
and Diesel Fuels & Dispensing Facility Services attached hereto.
Contractor shall provide and bear the expense of all equipment, tools, materials
and labor of any sort whatsoever that may be required for providing the
equipment provided for in this contract and every part thereof, except such as
are mentioned in the specifications furnished by the City.
2. TERM: Services shall start December1, 2007 and shall end November 30,
2010.
3. COMPENSATION: City agrees to pay Contractor according to the terms
of the Contractor's proposal and at a time and in a manner provided for in the
1/18/2008
City of Bremerton - Fuel
Page 20
contract. Further that the margin added to gallonage shall, for the term of this
agreement be:
Diesel Fuels
Regular Unleaded
Per Gallon
Per Gallon
4. LICENSES AND TAXES: Contractor shall possess a current Bremerton
Business License and any regulatory license required to fulfill Contractor's
obligations under this contract. B & 0 taxes shall be paid when due, and
Contractor by this agreement assigns any payments due under this contract to
the City Clerk for payment of such taxes which have been declared delinquent.
5. AUTHORIZED REPRESENTATIVE: The City's Authorized Representative
shall act as advisor and consultant to the City in all matters relating to the
contract, and responsibilities shall include approving the amount, quality and
acceptability of the services which are to be paid for under the contract and
approve all pay estimates prior to payment by the City.
The decision of the authorized representative in the matters described above
shall be final.
The authorized representative for this project is Owen j. Orton.
6. INSURANCE: Prior to commencing services under this agreement,
Contractor will provide the City Risk Manager with a certificate of insurance
evidencing comprehensive general liability insurance for all contractor operations
in the minimum amount of $500,000 per occurrence for bodily injury and property
damage. This certificate of insurance must be issued by an insurer acceptable
1/18/2008
City of Bremerton - Fuel
Page 21
to the City, must name the City of Bremerton as an additional insured and must
provide for 30 days of advanced notice of cancellation. Contractor shall keep the
required insurance coverage current throughout the life of the contract and shall
mail to the City subsequent certificates of insurance as necessary to evidence
the existence of on-going insurance coverage. All certificates should be mailed
to:
Risk Manager
City of Bremerton
345 6th Street, Suite 600
Bremerton WA 98337
7. NOTICES: Any notices required to be given shall be in writing and
delivered to the following parties at the following addresses:
City Clerk
345 6th Street, Suite 600
Bremerton W A 98337
Contractor:
8. INDEMNITY: Contractor agrees to defend, indemnify and save 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
there from, sustained or alleged to have been sustained by any person or
persons and on account of damage to property, arising or ~lIeged to have arisen
directly or indirectly out of or in consequence of the performance of this
agreement, whether such injuries to persons or damage to property is due to the
negligence of Contractor, its subcontractors, agents, successors or assigns.
1/18/2008
City af Bremertan - Fuel
Page 22
This provision shall be inapplicable to the extent that the City is judicially found
solely negligent for such damage or injury.
9. TERMINATION: This agreement may be terminated by either party for
convenience upon thirty (30) days written notice to the other party, or for cause if
either party fails substantially to perform through no fault of the other and does
not commence correction within five (5) days of written notice and diligently
completes the correction thereafter. Upon such termination, City will be entitled
to reports showing the status of all matters upon which Contractor is providing
services to the City as of the effective date of termination.
10. DOCUMENTS INCORPORATED BY REFERENCE: The following
documents are incorporated by reference, to include, but not limited to:
Terms and Conditions
Technical Specifications
Proposal
11. APPLICABLE LAW VENUE: This contract shall be construed and
interpreted in accordance with the laws of the State of Washington and, in the
event of dispute, the venue of any action brought hereunder shall be in Kitsap
County Superior Court.
12. ATTORNEY'S FEES AND COSTS: In the event of any action or
proceeding brought by either party against the other under this contract, the
prevailing party shall be entitled to recover for the fees and costs of its attorneys
and such action or proceeding, including an appeal thereof, if any, in such
amount as the court may find reasonable. In addition, should it be necessary
for either party to employ legal counsel to enforce any of the provisions herein,
1/18/2008
City of Bremerton - Fuel
Page 23
the defaulting party shall pay all attorney's fees and costs reasonably incurred.
13. ASSIGNMENT: The rights and obligations established by this Agreement,
except the receipt of payment, may not be assigned without the written consent
of the City.
14. ENTIRE AGREEMENT: This Agreement 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.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF BREMERTON
DATE:
CONTRACTOR:
DATE:
BY
CARY BOZEMAN, Mayor
RECEIVED FOR FILING:
CAROL ETGEN, City Clerk
ApPROVED AS TO FORM:
ROGER LUBOVICH, City Attorney
1/18/2008
City of Bremerton - Fuel
Page 24
DATE SUBMITTED: January 16, 2008
BILL #
08- 0;)/
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SJ.I
........................................................................................
SUBJECT: Requisitioning the Multiple
Interactive Learning Objective (MILO) Training
Simulator System
Committee Meeting Date: January ~3, .2008
COUNCIL MEETING Date: _ F~b~~~ a,. :LOO ~
Department: Police. '
Presenter: Captain Wolfe
Phone: 473-5841
SUMMARY: The Bremerton Police Department is purchasing the MILO interactive simulator
training system using the Justice Assistance Grant awarded in 2007. The goal of training with this
simulator is a higher level of competency and proficiency resulting in increased officer and public
safety while decreasing exposure to legal risk. Scenarios include events dealing with domestic
violence, high risk warrant service, high risk traffic stops, emotionally disturbed persons and hostage
situations. The system cost is $''71, '015.00.
ATTACHMENTS: System Price with Requested Peripherals
FISCAL IMPACTS (Include Budgeted Amount): $63,798.00 will be charged against the funds
provided under the 2007 federal Justice Assistance Grant. The $ lc.t,017.ooremainder is in the
approved 2008 budgettlnc.l po~s,\'I\f -tk.... fe. 1t'\1f'6 ~ w t ^r ~ :;too$' .JA~ qYd. t" ~G.
~ \/l-s<<.c.. ./ . :J ur . l'\ 1
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT: CONSENT AGENDA ro
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to approve and ratify the MILO training system p~hase for
$ "7"1j61S':'wfrom IES Interactive Training USA.
JCOUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue D No Action
Agreement No. 4426
TrafnFfln
",---
SALES AGREEMENT
This Agreement is executed on Friday, January 18,2008 by and between:
IES Interactive Training
1229 Oak Valley Drive
Ann Arbor, Michigan 48108
Hereinafter known as "IES"
AND
Bremerton Police Department (W A)
Attn: Captain Tom Wolfe
1025 Burwell Street
Bremerton, W A. 98337
Hereinafter known as "Buyer"
Whereas, IES manufactures and markets for sale the MILO interactive training products, and licenses for
use in connection therewith systems software and application software either owned by IES or licensed to
IES by third parties, and
Whereas, IES is willing to furnish to Buyer, and Buyer is willing to accept from IES such hardware and
software upon payment to IES of the amounts set forth below;
Now, therefore, in consideration of these premises, the parties agree to complete the transaction of the items
listed below in-lieu of, or in addendum to, a purchase order from the Buyer:
Product Description Quantity Unit Price Subtotal
(See Attached Proposal Dated 1-18-2008) $77,875.00
Additional Items
Subtotal $77,875.00
Sales Tax -
Total Amount Due
1229 Oak Valley Dr. Ann A;'lJo,r. fV1I 48108 Phone-734-761-5836 Fax-734-531-4002
Agreement No. 4426
Tra/H/ng
Payment Terms.
Payment Terms for the above Total Amount Due are: NET 30
Delivery Schedule
Estimated Delivery Schedule is: 4.:6 Weeks ARO
Shipping Address (Buyer, please enter the shipping address below)
107<5 &r wJ(
&CfJ1 GY'tZJt0 (4-
q~ 377
Billing Address (if different than shipping address)
poe Information .
Name: ~ (j')1ffe-- . Email: .iz;jn.tft!~~C/.J;y17/t~e~OI0.tvl( ,t{ 7
Phone: ~ if?? -.5'6Lff Fax: (50) 473 -S'~~
Sale of the above listed items is made in accordance with the terms contained in the following attachments:
Attachment I: MILO System Quote Dated (Ii g/ c(!;
Entire Agreement. This agreement, including the attachments listed above, is intended by these parries as a
final expression of their agreement and as a complete and exclusive statement of its terms. No
representations, understandings or agreements have been made or relied upon in the making of this
Agreement other than those specifically set forth herein. This Agreement can only be modified in writing
signed by the parties or their duly authorized agents.
ACCEPTED BY:
IES Interactive Training
Bremerton Police Department
......-::::=- - /';... :b'{/.....
-~--~ ~~-
,f?'
Signature:
<7C#; (JJ;)(~
aJ/J?; IJ/J
/1;7/tg
Name:
Title:
Date:
2
1229 Oak Valley Dr. Ann Arbor, MI48108 Phone-734-761-5836 Fax-734-531-4002
1>111
inreracr;ve Tra;n;ng
RANGE CLASSROOM C 0 U R S E
DESIGNER
Proposal Especially Prepared for:
Captain Tom Wolfe
Bremerton PD
1229 Oak Valley Dr, Ann Arbor, MI 48108
www.ies-usa.com
FAX 734 531 4002
Toll Free 800 344 1707
Tr.a/,.,/ng
,,; " MJllj'Ral1ge:PROSystem' ' ,
..
, ,', , " "
Item Description Qty Pricing
1 MILO Range Portable System Includes: 1 $42,000.00
.. MILO Cube - Based on MS Windows VISTA Platform
.. HD Projector
. HD Projection Screen (12'x7j
.. Hit Detection Box
.. Calibration Wand
.. All Power and Video Cables, Power Strip
. 22" Flat Panel Monitor
II Wireless Keyboard and Mouse
III Speakers/Sound Systems (5.1 Surround)
.. Transport Cases for System and Peripheral Items
.. 200+ Multi-Branching Interactive Scenarios are Pre-loaded as well as
Skill Builders
Course Designer Program: Inc
The Course Designer Program is editing software program that can be
used to create lessons, tests and presentations for classrooms,
auditoriums, and training rooms. Allows the user to utilize both digital
video and computer graphics capabilities to create fully interactive training
videos and/or graphics based training environments.
Included: DV Camera
Laser Training Devices: Inc
1 Laser OC Canister &
2 Weapon Laser Inserts of your choice (.40 Cal)
Low Light Training Program: Inc
Allows the trainee to use real flashlight in-conjunction with his/her weapon
for low light training. This system is non-lane based which allows for
multiple users.
Included: IES Supplied Surefire G2 Flashlioht with IR Lens.
GraphX Targets: lnc
Allows the user to utilize any of the GraphX modules for Course of Fire,
Marksmanship, Shoothouse, Basic Taraets and Ranoe Practice
KnowledgeBase: Inc
Utilizes custom multi-media for reinforcement of policy, procedures and
learninq obiectives.
Statistics and Management: Inc
Allows user to manipulate the database information as to create individual
an/or aroup statistics using relevant filterina criteria
Baton Branching and Scoring: - , Inc
Allows the trainer to manually branch the scenario while the trainee uses
his actual baton. The system wi!! branch and score the use of action as a
baton strike.
1229 Oak Valley Dr, Ann Arbor, MI 48108
www.ies-usa.com
FAX 734 531 4002
Toll Free 800 344 1707
Tra,-n;ng
Delive , Insurance and Standard 1- ear Warran Inc
FREE Access to IES Di ital Scenario Librar S stem Scenarios Inc
System and Peripheral Training: Inc
4 Students at Client Site
$42; QOO.OQ
1. Payment Terms: NET 30 from date of invOice
2. Delivery: 6 Weeks ARO
3. Partial Shipment and/or Partial Invoice are: Permitted.
4. Warranty: 12 Months from date of shipment.
5. Quote Valid 30 days.
" , --.' " ,\ - ". ','" _ l' -:" _ ~ '< - -"', _: _, '" ' -.... ,,'-' _'~ ,'. _', , , _' .. ~ .' ... ~ '1
. . . . " . :.' .:.,' ~AdCfi:tiQ{lEiITrai,ning',PrQdilcts:
Item Description Qty Pricing
1 X26 T ASER laser Weapon 1 $2,000.00
Includes: Taser weapon modified for use on the MILO Range and
2 dual-laser cartridQes with 8 deQree separation for reloadinQ drills.
2 Dvorak AR-15/ MP5 Air Recoil Drop-In Kit 2 $4,800.00
The drop in kit DOES NOTinclude the weapon.
Includes: Barrel-mounted laser, drop-in bolt, special magazine,
air hose, belt-mounted air supply.
No Permanent Modification to weapon required
3 Advanced Trainee Action Capture (ATAC) 1 $7,800.00
Allows recording of trainee's actions/reactions during scenario with
playback inserted into the debrief scenario with Picture-in-Picture
format. This debrief format can then be saved to the hard drive or
disc for documentation purposes.
4 Return-Fire Cannon 1 $6,500.00
Operator Controlled Tracking
Includes: Soft projectile launcher on operator controlled pan/tilt
platform with targeting camera, video monitor, 50 ft. remote control
cable, and 50 soft projectiles.
5 Additional Surefire G2 Flashlight with IR Filter 1 $120.00
6 Flashlight IR Filter for Streamlight 2 $240.00
7 Glock 17R Red Training Weapon 2 $1,300.00
8 Additional Laser insert for Pistol (All .40 cal adaptors) 3 $2,985.00
9 Additional X26 Taser Battery 2 $130.00
10 Ceiling Mount ARM for MilO Range PRO HD Box ~ $100.00
I
11 Prevailing in low Light 1 $2,500.00
This course will introduce and explain the concept of officer survival
in low light conditions. It includes principles of tactical movement in
low light conditions, correct decision making under duress, and
Qives an understandinQ of basic IiQhtinQ principles.
1229 Oak Valley Dr, Ann Arbor, MI 48108
www.ies-usa.com
FAX 734 531 4002
Toll FreE! 800 344 1707
Tra,n,ng
12 Domestic Violence 1 $2,500.00
This course addresses the issues of understanding domestic
violence and its impact on our society. This course also helps
develop awareness and skills with investigating and responding to
domestic violence calls. It provides information to assist an officer in
the prevention of domestic violence homicides.
13 Advanced T ASER 1 $2,500.00
This course will introduce the basic skills and knowledge needed to
carry the most advanced less-than-Iethal tool for law enforcement
today. It is designed to be used in conjunction with the Advanced
T ASER M 26/X-26 User Course. The sessions include functionality,
nomenclature, and maintenance.
14 Dvorak Pistol Air Recoil Drop-In Kit for 1911 Single-Stack 1 2,400.00
The drop in kit DOES NOT include the weapon.
Includes: laser, drop-in barrel, spring, special magazine, air hose,
belt-mounted air supply.
No Permanent Modification to weapon reQuired
15 Set of laser Adaptors for 9mm, .40, and .45 1 N/C
Total MILO System Price with Requested Peripherals:
$77,875.00
1229 Oak Valley Dr, Ann Arbor, MI 48108
www.ies-usa.com
FAX 734 531 4002
Toll Free 800 344 1707
Training
RE: MILO Interactive Training Simulator
Thank you for your interest in IES and our family of interactive training products, we are looking forward to
assisting you with your training requirements.
MILO is the centerpiece for IES' new training and presentation systems that are designed to offer any
organization with a vested interest in well-trained employees an interactive training environment with plug-in
options that customize the system to meet that organization's specific training needs. MILO surpasses standard
interactive training simulators that offer only test and evaluation functions by incorporating the capability to offer
teaching programs in addition to traditional test-only programs.
The central component within the new MILO system, the Course Designer software, allows organizations to
create interactive curricula and courseware that can be used across any MILO training system: for presentations,
classroom training and testing, firearms training, and use-of-force simulation training. Now, multiple divisions
within an organization or municipality can standardize their methods and training processes by using the MILO
system.
Some of the uses for Milo are as follows:
. Use of Force Simulation Training
. Firearms Training and Testing
· Classroom Training and Testing
. Learning and Teaching Presentations
. Distributed Classroom Training
· Customized Courseware Development
The ability to capture and preserve the integrity of the training message is the foundation for the design of the Milo
Interactive Training System.
Attached is a price and system quotation for your review. Please call us to further discuss any options, concerns
or pricing. IES looks forward to working with you and your training staff to develop the most advanced "Total
Training System" availabl !
Best R~ .
J ~;immer
S Interactive Training USA
Office: 800.344.1707 x324
Cell: 303.378.5283
Fax: 734~531.4002
Email: jesse@ies-usa.com
www.ies-usa.com
1229 Oak Valley Dr, Ann Arbor, MI 48108
www.ies-usa.com
FAX 734 531 4002
Toll Free 800 344 1707
DATE SUBMITTED: January 15, 2008
BILL #
08-0::ld.-
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5;[
........................................................................................
SUBJECT: Position Title Change:
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
January 23, 2008
February 6, 2008
Pub Works & Utilities~
Paul Lucas~~~
473-2328
SUMMARY: This is a request to change the titles for' (}.;.. position:. within the PublicWorks &
Utilities Department. The 2008 budget approved a Mechanics Helper.~ . - ,'"
It is requested that the Mechanics Helper be changed to Automotive
Technician Assistant':: - - ' >,- ,,-" '." ~ "~_
. -;; ~-
There is
no change in pay band,;. or job description, for +hIS:' position.
~
ATTACHl\1ENTS: None
FISCAL IMP ACTS (Include Budgeted Amount): None
APPROVALS:
DEPARTMENT DIRECTO
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
CONSENT AGENDA ~
GENERAL BUSINESS D
PUBLIC HEARING D
COMMITTEE CHAIR
COUNCIL PRESIDENT:
RECOMMENDED MOTION: That the City Council approve:~ position title:;,change. within
Public Works & Utilities; Mechanics Helper to Automotive Technician Assistant..;
'i,(,.
,\.."-;- "-,:\ ;.~<
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
BILL # 08- 02.3
DATE SUBMITTED: January 10, 2008
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5j'
........................................................................................
SUBJECT: 2008 KPS Rates &
Underwriting Criteria
Committee Meeting Date: 1/23/08
COUNCIL MEETING Date: 2/6/08
Department: Financial Svcs (HR)
Presenter: Carol Conley
Phone: 473-5347
SUMMARY: Approval ofKPS 2008 Rates and Underwriting criteria and authorization of formal
execution of the 2008 contracts between the City and Kitsap Physicians Service (KPS) for employee
group health insurance coverage by the Mayor. The new rates,which were negotiated on our behalf
by our benefits consultants, Willis of Seattle, reflect a 9.90% rate increase above 2007 levels. It
should also be noted that the City's contribution towards dependents coverage in 2007 was 95% but
went down to 90% in 2008, while the employee's contribution for dependents coverage increased
from 5% in 2007 to 10% in 2008.
ATTACHMENTS: KPS 2008 Premium Rates & Underwriting Criteria.
FISCAL IMPACTS (Include Budgeted Amount): The 2008 Budget has adequate budgeted funds in
personnel benefits for this rate increase.
APPROVALS:
DEPARTMENT DlRECTO
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
e-'M~jH~e- ChI. 1-"" :
COUNCIL PRESIDENT:
1 CONSENT AGENDA .1&1
RECOMMENDED MOTION: I move to appr ve th 2008 KPS Premium rates and Underwriting
criteria between the City and KPS, and authorize the Mayor to finalize and execute the contracts with
substantially the same terms and conditions as presented.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
KPS Health Plans
400 Warren Avenue
P.O. Box 339
Bremerton, WA 98331-0039
Premium Rates and Underwriting Criteria
For
City of Bremerton
Period: January 1, 2008 - December 31, 2008
Premium Rates
PLAN A & RETIREES
LEOFF I - Active $618.52
ReQular & LEOFF II - Active $449.13
Spouse $497.86
151 Dependent $224.84
2nCl and all other Dependents $180.96
LEOFF I Retirees Under 65 $1,618.57
Spouse $886.70
151 Dependent $221.22
2nCl and all other Dependents $176.79
PLAN B (& RETIREES)
LEOFF I - Active N/A
Regular & LEOFF II - Active $388.36
Spouse $435.03
151 Dependent $197.91
2nCl and all other Dependents $153.99
LEOFF I Retirees Under 65 N/A
LEOFF I Retirees Over 65 N/A
Spouse $736.45
151 Dependent $187.18
2nCl and all other Dependents $151.35
Underwriting Criteria:
The premium rates quoted above for this Group Plan are based on the following underwriting criteria.
KPS reserves the right to withdraw or rerate this offering if Group falls outside the scope of these criteria.
~ Active Employees must work a minimum of twenty (20) hours per week unless otherwise
negotiated and agreed by both KPS and Group.
.., Subject to prior KPS approval, two (2) or more health insurance carrier, including KPS, may
provide coverage to Group's Employees.
,. Subject to prior KPS approval, Group may select multiple KPS health plan offerings.
,. The minimum level of participation required is seventy-five percent (75%) of eligible Employees.
y Unless otherwise approved by KPS, no more than twenty-five percent (25%) of Group's eligible
Employees may reside outside of the State of Washington.
~ KPS reserves the right to rerate Group in the event actual enrollment fluctuates by ten percent
(10%) or more from the census provided to KPS by Group at the time Group was initially rated.
2008 Medical Insurance Rates
$125K Stop Loss Option
1.099 Final KPS rates for 2008
KPS Plan A (S125K stop loss)
w/9 90~.Io II1crease 2007 2008 LEOFF II City Pays EE Pays LEOFF 1 City Pays EE Pays
90% 10% 90% 10%
LEOFF I - Active S 562.80 $ 618.52 EE S 449.13 $ 449.13 S - $ 61852 $ 629.38 S
Rcgular & LEOFF II - Active $ 408.67 $ 449.13 ES $ 946 99 $ 897.20 $ 49.79 $ 1,11638 $ 1,066.59 S 4979
Spouse $ 453.01 $ 497.86 EIC $ 673.97 $ 65 L49 $ 22.48 S 843 36 S 820 88 $ 22.48
1 st Dcpendent $ 204 59 $ 224.84 E2C $ 854.93 $ 814.35 $ 40.58 $ 1,024 32 $ 983 74 S 4058
2nd and all other Dependents $ 164.66 $ 180.96 ESIC $ 1,17L83 $ 1,099.56 $ 72.27 $ 1,34122 $ 1,268.95 S 7227
ES2C $ 1,352 79 $ 1,262.43 $ 9037 $ 1.52218 $ 1.431.81 $ 9037
LEOFF I Retirees Under 65 $ 1,47277 $ 1,618.57
S pause $ 806.82 $ 886.70
1 st Dependent $ 20129 $ 22122
2nd and a[1 other Dependents $ 160.86 $ 176.79
KPS Plan B ($125K stop loss) City Pays EE Pays
with 9.90%, increase 2007 2008 90% 10%
LEOFF] - Active N/A N/A 2008
Regular $ 353.38 $ 38836 EE $ 38836 $ 388 36 $
Spouse $ 395.84 $ 435.03 E+Spouse $ 823.39 $ 779.89 $ 4350
1 st Dependent $ 180.08 $ 197.91 E+I Child $ 586.27 S 566.48 $ 19.79
2nd and all other Dependents $ 140.12 $ ]53.99 E+2 Child S 740.26 $ 705.07 $ 35 19
E+S+IC $ 1,021.30 $ 958.0] $ 6329
E+S+2C $ 1,17529 $ 1,096.60 $ 78.69
LEOFF I Retirees Under 65 N/A N/A
LEOFF 1 Retirees Over 65 N/A N/A
Spouse $ 670.]1 $ 73645
1 st Dependent S 17032 $ 187.18
2nd and all other Dependents $ 137.72 $ 15135
Spouse only 736.45 66281 73.65
Group Health CoPay Plan 1 .City
w/6 1 % EE. 6 20/0 all dependents increae for 2008 2007 2008 2008 fill EE Pavs
90% IO"/..
Employee $409.93 $434.76 EE $434.76 $ 434.76 $
Spouse $402.29 427.12 E+Spouse $861 88 $ 819.17 $ 42.71
1 st c1uld $203.46 216.03 E+I Child $65079 $ 629.19 $ 2L60
2 or More Children $406.92 216.03 E+2 Child $866.82 $ 823.61 $ 4321
Spouse &. I Child $605.75 64315 E+S+1C $1,077.91 $ 1,013.60 $ 64 32
Spouse & 2 or More Children $809.21 859.18 E+S+2C $ 1,293.94 $ 1,208.02 $ 8592
IAFF (Employees Plan A1Dependents Plan B)
2007 2008 Q!y Employee
90% 10%
EE $ .J0867 $ 457.02 EE $ 449.13 $ -
Spouse S 8.J370 $ 442.67 E+S $ 855.42 $ 44.27
1 st Child S 588 75 $ 201.38 E+1C $ 638.26 $ 20.14
2nd Chhd S 728 87 S 156.70 E+2C $ 779.29 $ 35.81
S + I child S 984.59 $ 644.05 E+S+1C $ 1,036.67 $ 64 41
S C. 2 chIld $ 1,12471 $ 800 75 E+S+2C $ 1,177 70 $ 8008
DATE SUBMITTED:
January 14,2008 BILL #
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
o 8 - 0 ;;,1
51(
........................................................................................
SUBJECT: 2008 Property Insurance
Committee Meeting Date: January 23,2008
COUNCIL MEETING Date: February 6, 2008
Department: Financial Services
Presenter: Peggy Lesser /I;)
Phone: 473-5302
SUMMARY: The Bremerton Municipal Code authorizes the Risk Manager to bind property
insurance on City assets and then requires City Council approval for continuation of the bound
coverage. Property insurance coverage for 2008 has been bound with Affiliated FM Insurance at an
annual cost of $200,754. The coverage is subject to a $100,000 deductible for most losses and a
$50,000 deductible for boiler and machinery losses. Earthquake and flood coverage is provided only
for the WWTP, the Harborside Conference Center, and the Harborside Sculptures and Fountains.
A TT ACHMENTS: Insurance Binder
FISCAL IMP ACTS (Include Budgeted Amount): Sufficient funds have been budgeted for this
expenditure.
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA ~
GENERAL BUSINESS 0
PUBLIC HEARING 0
APPROVALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
RECOMMENDED MOTION: I move to approve the continuation of the property insurance bound
by Affiliated FM Insurance for 2008.
COUNCIL ACTION: n Approve n Denv n Table
n Continue n No Action
INst RANCE BINDER for City of Bremerton
Policy No. TZ558
1"0: Janet Coombs
At: Wi Ilis Insurance Scn'ices of Seattle. lnc Fax No.: 20h-3X(1-7lJhO
FI'tll1l: Pctcr .I Sundnes
Date: 17 Dec 2007
Pagcs: C)
A. POLICY TERM:
Deccmber 31, 2007 to December 31, 200X
B. NAMED INSliRED:
City of Bremerton, and its wholly or majority owm:d subsidiaries and any interest which may now exist or hereinafter be
created or acquired which are owned, controlled or operated by anyone or more of those named insureds.
C. POLICY LIMIT:
This company's liability will not exceed the respective Sub-Limits of Liability shown elsewhere for the coverages
involved. However, in no event will the company's total Limit of Liability exceed $100,000,000 as a result of anyone
occurrence, regardless of the number of perils, coverages or locations involved.
D. INSlJRANC E PROVIDED:
All risks of direct physical loss or damage, as defined and limited herein, on Real Propel1y, Personal Property, Business
Interruption, including the Extensions of Coverage applying at the following described locations:
As per schedule on file dated 09/26/2007 Excluding the Casad Dam and Watershed Bridges.
Unless otherwise stated below, the following sub-limits of liability will apply on a per occurrence basis for all coverages
provided, and are pal1 of: not in addition to, the above limit(s) of liability.
For Annual Aggregate sub-limits the policy year will begin at the inception date of this policy and be concurrent with the
anniversary dates of this policy.
Earth Movement (Annual Aggregate, for all coverages provided)
Flood (Annual Aggregate, for all coverages provided)
Extra Expense -- The Company will pay the greater of the sub-limit or 15% of the rep0l1ed
annual Business Interruption values.
Business Interruption
Vehicles and Contractors Equipment - as described in Items 4 & 5, Section H, Special Terms and
Conditions
Docks, Piers, and Wharves
E. SIJB-LIMITS:
I. $50,000,000
2. $50,000,000
3. $1,000,000
4. $ LOOO,OOO
5. $1,000,000
6.
$237.000
Page I of 9
"
.';
F. EXTENSIONS OF COVERAGE lEOn SliB-UMITS:
The flllkming sub-limits of'liability will apply lln a per llccurrence basis f'or ,iii eoverages pl"llvided. unless othemisc
sLlled belm\-. and are part llr. not in addition to the abovc limit(s) of'liability,
For Annual Aggregate sub-limits the policy year will begin at the ineeption date of'this policy ,1Ild be concurrent with the
anni\ ersary dates of' this policy,
All Risk EOC Sub-Limits:
I, $100.000 Fire Fighting Materials and Expenses
2, $100.000 Professional Fees
3, $250.000 Expediting Expenses
4, S I 00.000 Trees. Shrubs, I'bnts and La\Vns limit $1.000 per item
5. $250,000 Pavements and Roadways
6. $50.000 Land and Water Clean Up Expense V\nnual Aggregate, for all coverages provided)
7. $250,000 Installation Floater
8. $5,000.000 Ne\Vly Acquired Property
9. $1,000.000 Unnamed Locations Coverage
10. $2,000,000 Fine Alis
11. $1,000.000 Accounts Receivable
12. $1,000,000 Valuable Papers and Records
13. $1,000.000 Electronic Data Processing, Data and Media
14. Demol ition and Increased Cost of Construction
Policy Limit Item A: Undamaged POIiion
$1.000,000 Item B: Demolition
$1,000,000 Item C: Compliance with the Law
$1,000,000 Item 0: Business Interruption
$1,000,000 Errors and Omissions
$500,000 Transit Coverage
$100,000 A. Non-Certitied Act of Terrorism Coverage
$100,000 B. Certified Act of Terrorism Coverage
Not Covered C. Terrorism Coverage for Locations Outside of the United States (Annual Aggregate, for
all coverages provided)
Fungus, mold or mildew
Deferred Payment
OtT-Premises Service Interruption - Propeliy Damage
Arson or Theft Reward
Money and Securities
Locks and Keys
Tenants Legal Liability and Expense
Soft Costs
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
$1,000,000
$100,000
$1,000,000
$100,000
$100,000
$100,000
$100.000
$100,000
Business Interruption - Extensions of Coveral!e Sub-Limits:
A.
B,
e.
D.
E,
F.
G.
II.
365
30
$1.000.000
$250,000
$250,000
$ 2 5 O. (JOO
$100.000
30
Days of Ordinary Payroll
Days of Civil Authority
OtT-Premises Service Interruption
Contingent Business Interruption
Research and Development Expense
In gress/E gress
Tax Treatment
Days of' Extended Period of' Indemnity
The above Extensions of Coverage sub-limits of liability will be the maximum payable fl.)r pl"llperty damage and business
i Ilterruptioll (i f appl icable) resulting II'om such property damage. or any combination thereof'.
Page 2 of'()
With re~pect tll items A. and H. the number ufday~ is part ofanclnllt in excess tll any other uutstanding sub-limits of
liability.
S 1 iJ{)J)()() for Unnamed Lucatillns Cllvcr:lge and Property Removed 11'\1m DesC1'ibed Locations. (Annual Aggregate for all
co\wages provided) [()!' Property Damage and Bu~incs~ IntctTuption (ifpJ'l)vided) combined when caused by or re~ulting
frum l'errorism.
$100.000 for Flood (Annual Aggregate for all coverages ifprovided) Cor Property Damage and Business Interruption (if
provided) combined \vhcn caused by or resulting II'om Terrorism.
These limits shall not include the Actual Cash Value portion of tire damage caused by Terrorism.
lerJ'l)rism Risk Insurance Act of 2002: As respects the Unikd States. its territories and possessions and the
Commonwealth of Puerto Rico any recovery under this Policy for any insured loss or damage tl'om acts of terrorism, as
covered under this Policy. may be partially reimbursed by the United States Government in accordance with the
Terrorism Risk Insurance Act of 2002. Reimbursement by the United States Government will be under a formula
established by Federal Law.
G. DEDUCTIBLE AMOIJNT:
The following deductible amounts shall apply per occurrence for loss or damage under this policy in the n:spective loss
categories indicated:
I. Earth Movement (per occurrence for each location for all coverages provided):
For each occurrence. this company will not be liable for loss or damage to insured property unless the amount of
loss or damage exceeds 3'1'{, of the combined value of property at the location where loss or damage occurs, in
accordance with the valuation section of this policy and annual business interruption value as detined in the
Business Interruption Endorsement attached to this policy at the time such loss or damage at the location where loss
occurs, subject to a minimum deductible amount of $1 00,000 per location. If coverage is provided for more than
one location, this deductible percentage or minimum deductible amount will be calculated for and applied separately
to each location.
2.
$100,000
Ealih Movement Sprinkler Leakage - for loss or damage due to water or other substance
discharged from any part of tire protection equipment caused by or resulting from Emih
Movement (per occurrence for all coverages provided).
3.
$100,000
Flood (per occurrence for each location for all coverages provided).
4.
$50,000
Boiler and Machinery.
5. Off Premises Service Interruption Qualifying Period:
In the event of loss or damage covered by this policy, no coverage is provided unless the service interruption
exceeds 24 hours beginning from the time of loss or damage covered by this policy. If the service interruption
exceeds 24 hOllrs. the loss will be calculated from the time of Inss or damage covered by this policy, subject to the
policy deductible.
Page.1oi'0
!>, Terruri,m (per OCCUITence for all cnyerages pnl\'ided):
fnr eelch nccurrence. this company will not he li~lbk fur In,;s or damage to insured prnperty including the ACV
portion of the lire damage caused by Terrnrism. unless the amount of loss or damage exceeds 1 % of the combined
value of property ~lt the location \\here 10" or damage necurs. in accordance with the valuation section of this policy
and Clnnual business interruption value as defined in the Business Interruption Endorsement Clttached to this policy at
the time such loss or damage at the location where loss occurs. Ifcoverage is provided for more than one localion,
this deductible percentage amLlunt will be calculated for and applied separately to each location subject to a
maximum deductible amount of $1,000,000 per occurrence.
7. Electronic Data Processing Equipment, Data and Media Deductible:
In the evcnt of loss or damage to Electronic Data Processing (EDP) Equipment. Data and Media insured by this
policy caused by the malicious introduction of a machine code or instruction, no coverage is provided unless the
period of interruption exceeds 41\ hours beginning iI'om the time of insured loss. The company's liability commences
only after, and does not include, the Waiting Period specified.
If the period of interruption exceeds 48 hours, the insured loss will be calculated based upon the amount of insured
loss in excess of the Waiting Period and subject to a combined deductible for all coverages of $ I 00,000 per location.
Any period in which business operations or services would have not been maintained. or any period in which goods
would have not been produced will not be included as part of or serve to reduce the effect of any Waiting Period.
8.
$100,000
All Other Losses.
H. SPECIAL TERMS AND CONDITIONS:
I. Specific Earth Movement Exclusion
Coverage provided by Section c., Additional Coverage, Item I. Ealih Movement: only applies to any property
situated at the following location(s):
Location
Sewage Treatment Plant. 1600 Oyster Bay A venue, Bremerton, W A, 98337
Harborside Conference Center, 100 Washington Avenue, Bremerton, W A, 98337
Harborside Sculptures/Fountains, 211 1 st Street, Bremerton, W A. 98337
2. Specific .'Iood Exclusion
Coverage provided by Section C., ,\dditional Coverage, Item 2. Flood: only applies to any property situated at the
following location{s):
location
SC\\ age Trcatl11cnt PI~lI1t. I (lOO Oy.,tcr Bay i\ \ CI1Ul', Brcl11erton, \VA, lJX,1,1 7
IIarborside Conference Center, 100 Washington A vcnul', I:3rcmerton. W A, lJX,1,1 7
Harborside Sculptures/Fountains, 211 I st Street Bremerton, WA, 983,1 7
Page -I nf 9
J. Transmission and Distribution Systems Exclusion
Scction L, Property [\eluded. is amended to include:
Transmission and distribution systcms. including poles. towers and lixtures. overhead conductors and dcvices.
underground or underwater conduit. underground or undeJ"\\:lter conductors and devices. line transformcrs,
senice meters. street I ighting and signal systems.
4. Motor Vehicle Coveral!e at the Insured's Premises
This policy is extended to cover:
a. Motor vehicles;
b. Trucks; and
c. Trailers;
Licensed for highway use.
This policy does not cover loss or damage resulting li'om:
1) Collision; or
2) Overturn;
While such motor vehicles, trucks, and trailers are being operated under their own power; or being towed (whether
or not in motion at the time of loss).
Section E., Property Excluded, Item 7., is amended to:
7. Motor vehicles licensed for highway use or owned by otlicers and employees of the Insured except while at a
described location.
5. Contractors' EQuipment
This policy is extended to cover Contractors' Equipment consisting of the following:
Description
Manufacturer
Serial Number
Limit of liability
As listed on the City of Bremerton Vehicle Inventory dated 10/1/2007.
j\ctual Cash Value Valuation
The following paragraph shown in the General Conditions section, G. Basis of Valuation;
Adjustment of loss amount(s) under this policy will be determined based on the cost of repairing or replacing
(whichever i.s the lesser), at the time of loss. with materials or equipment of like kind and quality without deduction
for depreciation. except as provided in this valuation section.
is amended to:
Adjustment of loss amount (s) under this policy will be determined based on the actual cash value at the time of loss.
The words "actual cash value" are substituted wherever the word(s) "replacement cost" are shown.
Page 5 ofl)
Applying to Contracturs' Equipment.
h. Docks. Piers, and Wharws Cowra!!e
This policy is extentkd to cover docks, piers. and \\harves.
section L Property Excluded, [tem 3. is deleted.
7. Rescryoir Covenl!!e:
This policy is extended to cover reservoirs. Coverage providt:d by this extension docs not include the water
contained in such reservoirs.
Item 2, Section E, Property Excluded, of Form No PRO AR 3100, is amended to read:
2. Bridges and tunnels used for vehicular traffic, canals, and dams.
8. Actual Cash Value Valuation
The following paragraph shown in the General Conditions section, G. 14. Basis of Valuation,
Adjustment of loss amount(s) under this policy will be determined based on the cost of repairing or replacing
(whichever is the lesser), at the time of loss, with materials or equipment of like kind and quality without deduction
for depreciation, except as provided in this valuation section.
Is amended to:
Adjustment of loss amount(s) under this policy will be determined based on the actual cash value at the time ofloss,
except as provided in this valuation section. The words "actual cash value" shown elsewhere in this valuation
section is substituted wherever the word(s) "replacement cost" are shown,
This applies only to Item H-4 above, Motor Vehicle Coveral!e at the Insured's Premises.
9. Additional Named Insured:
The following is (are) named as Additional Named Insured(s) on property described below, as their interest may
appear:
Additional Named Insured
I.ocation/lnterest
Kitsap Transit
60 Washington Avenue
Bremerton, \VA 98337
Harborside Conference Center
[00 Washington Avcnue
Brelllcrton, W A 98337
Page () of9
10. Extended Terrorislll Cowra!!e Endorsen1l'nt
Section F. Perils Excluded, Group I. Itelll 2. f. is amcnded to:
r. T\.'rrorisJll. including action tak\.'n to prevent. delend against. respllnd to or retaliate against I'errorism or
suspected l'errorisJll. except to the \.'\tent pl'l1vided in Section D. Extensions of Coverage. 17. I'errorism.
HO\\e\'Cr. if direct loss or daJllage by tire results li'om any of these ads (unless cOJllmitted by or on b\.'half of the
iINlr\.'d), then this Policy covers only to the extent the Actual Cash Value of the resulting direct loss or damage
by lire to property insured. This coverage exception for such resulting tire loss or damage does not apply to any
coverage provided in any Business Interruption Endorsement. if any. which may be a part of this Policy. or any
e\tension of such coverag\.', or to any other coverages provided by this Policy.
Any act which satisties the definition of Terrorism provided in Section H, Definitions, or in any Terrorism
Endorsemcnt to this policy, shall not be considered to be vandalism, malicious mischief, riot. civil commotion.
or any other risk of physical loss or damage which may be covered elsewhere in this Policy.
If any act which satisties the detinition of Terrorism provided in Section H, Detinitions, or in any Terrorism
Endorsement to this policy. also comes within the terms of the hostile or warlike action exclusion of this Policy
in Section F, Group I, 2.a., the hostile or warlike action exclusion applies in place of this exclusion.
If any act excluded herein involves nuclear reaction, nuclear radiation or radioactive contamination, this
exclusion applies in place of the nuclear hazard exclusion of this Policy, Section F. Group I, I.
II. Terrorism COVenl!!e Chanl!e
Upon expiration of the coverages provided by endorsement and sub-limited in the Declarations, EXTENSION OF
COVERAGE SUB-LIMITS 17. A. Non-Celiified Acts of Terrorism and 17. B. Certified Acts of Terrorism:
A. The coverage and sub-limits provided in the EXTENSION OF COVERAGE SUB-LIMITS 17 will be
replaced with the following:
17.
Not Covered
Not Covered
Not Covered
$100,000
A. Non-Celiified Act of Terrorism Coverage
B. Certitied Act of Ten'Ol'ism Coverage
C. Terrorism for Locations Outside the United States
D. Terrorism
Sub-limit 17. D. will not apply to any location(s) (if any) in the State of New York.
B. The following deductible provision will be added to the DEDUCTIBLE AMOUNT section in the
Declarations and will apply to Ten'orism:
Terrorism (per occurrence for all coverages provided):
For each occurrence, this company will not be liable for loss or damage to insured property unless the amount
of loss or damage exceeds 1'1.) of the combined \alue of property at the location where loss or damage occurs, in
accordance with the valuation section of this policy and annual business interruption value as defined in the
Business Interruption Endorsement attached to this policy at the time such loss or damage at the location where
loss occurs. If coverage is provided for more than one location, this deductible percentage amount will be
calculated for and applied separately to eelch location subject to a maximum deductible amount of $1 ,noo.ooo
per llCCUITcnce.
This deductible will not apply to any location(s) (ifany) in the State of New York.
Pagl:70f<)
12. ('ontinl!ent Business Interruption Cowral!e Territory
Coverage provided in Section 5.. E\tensions ofCowragc, Itcm D. Contingent Business Inkrruption Coverage, is
limitcd tu property anywhere in the world c\cept in the folltming countries, prU\ inces nrjurisdietiuns:
Afghanistan, Algeria, Angllla, Armenia, Azerbaijan. Botswana. Burundi, ChechnYJ, China (Kashmir area), Eritn:a,
Ethiopia, Cuba, Haiti. [ran, Iraq, India (Kashmir an:~a), LebJnon. Liberia, Libya, Montcncgro, Montscrrat. Myanmar
(Burma), Nigeria, North Korea, Pakistan, Rwanda. Serbia. Somalia, Sudan. Sri Lanka, Syria, Turkish provinces of
Agri. Bingol. Bitlis, Diyarbakir, Elazig. I-Iakkari. Mardin, Mus, Siirt, Urfa, and Van, The Democratic Republic of
the Congo (former lairc) and Yemen.
Or any other country where trade relations are unlawful as determined by thl: Government of the United StJtes of
America or its agencies.
P~lgC S of ')
I. INDEX OF FORMS:
lhe following 1'orll1~ are made part of this policy:
Title
Declarations
Form'io. Edition
S-1 PR03100 ( l'Oh)
PRO AR 3100 ( 1/(7)
PRO GE-EE 3200 ( I/Oh)
71R5 S (6/06 )
7173 WA (6/06 )
3569 AR 3100 ( 1/07)
71RI S (6/06 )
PRO DTR 2400 (11/00)
All Risk Property CO\'L'rage
Business lnkrruption Endorsement Gross Earnings/Extra Expense
l\i on-Certi tied Terrorism Endorsement (Wash ington)
Terrorism Endorsement with Limited Exception (Washington)
Washington Amendatory AR 3 I 00 Endorsement
Non-Certified Terrorism Endorsement
Application of Policy to Date and Time Recognition
Total Annual Premium
Engineering Fees
$193,954
$6,800
at O'Yo commission excluding Terrorism
at no commission
APPLICABLE STATE TAXES ARE ESTIMATES ONLY. DO NOT INVOICE OR FINANCE
PREMIUM UNTIL WE ADVISE THE AMOUNTS OF THESE FEES AND TAXES WHEN BOUND.
Any variations between this binder letter and Affiliated FM forms versus your application are not pI'Ovided.
This binder does not address any coverage items not mentioned above or not provided for in the specified coverage
forms.
This binder expires January 31, 2008.
Thank you for your business, and please call if you have any questions.
Best regards,
Pete Sundnes. P.E.
FJrodur;tion LJnc!f-~lr ~Vr iter
. ,il.'}.; /-;~,A /i:,,'~'rli',:/r:\;:;' i",';!
J/
(/125) Ci37-2386
Page 9 01'9
DATE SUBMITTED:
BILL #
08 -0;;;..5
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5L.
.......................................................................................1
SUBJECT: Budget Authority for Trial
Court Improvement fund
Committee Meeting Date: 01/23/2008
COUNCIL MEETING Date: 02/06/2008
Department: Municipal Court
Presenter: Theresa Ewing
Phone: 473-5242
SUMMARY: Municipal Court is requesting the budget authority to spend monies in the Trial Court
Improvement Fund.
This money will be used to expand the current recording system into the second courtroom as well as
install the clerical software on the clerk's desktops.
A TT ACHMENTS: FTR Gold proposal
FISCAL IMPACTS (Include Budgeted Amount):
Amount Currently in Fund: $25,225.96 -T.....~....\ ~_"(>~../la__---~ ~-w~
AmountReque~ted: $7,620.00 .. \.', ~_ ~ 'lJ:O~ ~"'_\-e..~ t...)nnlL-.J..).."""t9~
\\...~'::o lL,.. ~~W~,,\...., ~ Vole-os. ....u~ ...... Co. ~CJ" _ .... _ ~,~ '\ ,\ _ ~
'o...~ 't-\...a._ ~s. ."~~~~\e-~ ~,,~ 0<--.") T"\.....~ ''5 Clo.~ "t~~'tV~ .,-,~~ \,r..~.
APPROVALS: ~ '\1:),,0..,-...\ 0........ ~A 'oJ ~ ~Q 'fTU c:e.e.C) . '-~"'"
DEPARTMENT DIRECTOR: U- ~\ " \\)'Y,
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA IRI
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION:
Authorize the Municipal Court Services Matfger to expend $7620.00 for FTR Gold hardware and
software_....6 o.._~ ~ '1.O(:)'lf.. ~,,~...~ c....et...Q~\ ...~\~.
COUNCIL ACTION: 0 Approve 0 Deny D Table
D Continue 0 No Action
October 12, 2007
Theresa Ewing
Bremerton Municipal Court
900 Pacific Avenue
Bremerton, WA 98337
Re: FTR DIGITAL AUDIO RECORDING SYSTEM
Dear Thercsa:
Thank you for allowing me to present this proposal to you for both the supply and installation of our
unique technology, the FTR GOLDTM multi-channel digital recording system.
FTR GOLD is designed to allow applications like yours to move to a digital recording environment
instead of investing in outdated analog technology. FTR GOLD is specifically designed to be a
replacement for the Sony BM 246 and the I ,anier Advocate. When you have an opportunity to compare
the ease of use and cost and then weigh the relative benetits of the two systems it is easy to see why so
many courtrooms and hearing rooms across the country are choosing FTR GOLD.
Listed below are some of the benefits that you will receive when using FTR GOLD. We have multiple
options to fit any of your requirements, both PC based and standalone recorders:
· Higher quality audio recording using an MPEG format that provides a sample rate up to 22KHz.
This ensures a better recording and a more accurate record.
· Instant and direct archival of the digital audio onto CD-ROM for long-term storage. Version 2.2
can hold up to 22 hours of tour-channel audio. This equates to less storage space and a much
easier storage and retrieval system. Optionally, the Court may wish to archive audio and or Log
Notes data on a central file server. This function is easily achieved by running the FTR Wizard
to assign the archival path.
· CD media vs. cassette tapes means lower cost storage of the audio record. A CD is also far more
durable than cassette tape and doesn't degrade with time or copying. FTR CD's come complete
with their own storage system, including individual cardboard cases and a sturdy storage box for
each hundred CD's.
· FTR Gold User Interface is designed to look and operate just like the tape recorder that the Clerk
is using now. RepOlier Deck, an alternative mode of implementing FTR, is a standalone digital
recording unit that can be Cllnnected to the network and does not require a PC. Either choice
provides a short leaming curve and a smooth transition to the new system.
· FTR Gold software runs in the stable Windows 2000 or XP environment and allows the Court to
run more than one application at a time.
· FTR Gold also offers two portable options. With the customer supplied laptop and our portable
recording kit, customers can choose from 2 or it-channel recording.
~~ \ iO'\
ro. \1,-~\
\\ \:
· The FTR Gold digital imdiu rccord can be integrated with a number of case management
systems. FTR oiTer consultant services to facilitate integration of case management systems and
the FTR Gold product bmily.
· Digital audiu files can he accesscd or copied across a netwurk. Audio can also be copied easily
to any removable media such as Zip and CD-ROM. High-speed duplication of cassette tapes is
also accommodated.
· Audio files are easily and rapidly locatcd using the browser based FTR Log Notes package. FTR
Log Note preparation and operation can be enhanced by use of a Bar Code wand. Bar Codes can
be produced by the Court and tailored to suit each operator's requirements.
· Intemet strategies are available to allow the Court to post their audio recordings online.
Authorized customers can have the option to download the desired pass word protected audio.
This allows the Court to have transcripts produced without having to physically deliver the
audio.
· FTR Gold Player Plus software allows fast and free access to the audio for easy distribution
when asked. This software is available free by going to FTR Gold .com and downloading it.
· FTR Gold Monitor allows a court to remotely start, stop and monitor up to twenty courtrooms
from a central location. Annotation can also be done using this software.
The schedule of equipment required for your installation is shown in Attachment A. This schedule
identifies services, hardware and software that would be required to implement the FTR system. Please
pay special attention to Attachment B, which shows the minimum specifications of the required computer
hardware and software. The Efficiency technical support plan is described in Attachment C.
Please don't hesitate to contact me if I can be of any assistance to you. I am looking forward to working
with you.
Sincerely,
L. T.. fJideman
Larry E. Tideman
Digital Products Specialist
Efficiency Inc.
206-768-2800/888-768-2888
L tideman@Eff-ine.eoll!
() \0\
, \Q.-{\~
\\,\
Attachment B:
Computer Hardware & Software Minimum Requirements Reporter 2.2
Personal Computer & Laptop System Requirements
This document details the MINIMUM specifications required for the FTR Gold family of products. This
information makes no allowance for other applications that may run on the computer at the same time as
FTR Gold. Adding memory and increasing the processor speed will significantly improve performance,
especially if the computer will be running other applications.
FTR Reporter with four channels
750 MHz Intel Pentium III processor or higher
MS Windows 2000 SP4' or XP Professional SP1/SP2'
Windows compatible stereo sound card (Full duplex) w/external speakers for play back
256 color video adapter capable of 800 x 600 resolution or higher
128 MB of RAM (256 MB+ recommended)
Hard Drive with sufficient capacity to store data online for desired amount of time (8 hours recording is
approx. 350 MB) the larger the HOD the more on-line audio the court can store. Dedicated hard drive for
audio recordings is recommended, but not required.
4-channel, Full Size PCI audio encoder card, to be supplied and installed by Efficiency Inc. (Not required
for two channel laptop, 4 channel laptop uses DMX8 Mixer with imbedded sound card)
USB or Game Port (for foot pedal)
COM Port or USB port for External Digital Clock
CDRW with ROXIO Direct CD Version 7.0 or Version 8.0 software (onlv these versions)
Please visit the ROXIO website (www.Roxlo.com) to verify that your brand/model of CDRW is
compatible with Direct CD Version 7.0 or 8.0
For two-channel recording (desktop or Laptop) FTR recommends Line-in 1/8" female plug
Note: If the archival target is a folder on the file server, CD's may be created from the data stored on the
server where the CDRW would be installed
Note: if the o.S. requires a password to sign in, FTR recommends a common password for all users. If
the o.S. requires separate passwords or individual profiles, FTR recommends each user to be a Power
User.
FTR Player Plus and FTR Log Notes
450 MHz Intel Pentium Processor, or higher
Microsoft Windows 98 or later, or Windows NT 4.0 or 2000, Service Pack 3 or later.
Windows compatible stereo sound card (Full duplex, w/external speakers for play back)
256 color video adaptor capable of 800 x 600 resolution or higher
64 MB of RAM or greater
Game port (optional, for foot pedal)
Audio Requirements
Efficiency Inc. will assume the use of the customers existing microphones and cables. If the customers
Microphones and cables are not useable, Efficiency Inc. can supply them to you at an additional cost.
Please notify Efficiency Inc. if the courtroom uses a PA system, as this will require additional equipment.
Efficiency Inc. will provide the court with the audio requirements for FTR Gold if you choose to provide the
feed from the P.A. mixer.
Efficiency Inc. requires a site survey and test to evaluate the courtroom and hardware before the final
proposal will be issued.
'Users of Windows 2000 and XP require a minimum of local Standard User security permission.
. 6'
(f"- \f'':\~
l'f \\ \
Attachment C
EfficienC'v Inc. Technical SUDoort Aqreement
As an Efficiency Inc. technical support contract customer Brcmerton Municipal Court will receive a (1) one-year
support agreement to include:
· Full parts and labor warranty both hardware & software during normal business hours
within 4 hours on-site. Replacement of parts that are defective or become worn in the
course of normal use will be covered.
· Labor and parts required as a result of improper use, mishandling or damage through
accident or unauthorized service performed by anyone other than our service
department will be chargeable (see Rates for Chargeable Service Under Contract below).
· Service will be performed during normal business hours of 8:00 a.m. to 5:00 p.m.
Monday through Friday excluding holidays.
· On-site education after initial installation & training.
· Unlimited calls from 8:00 a.m. to 5:00 p.m. PST to Efficiency Inc. excluding holidays
and weekends.
· Electronic logging of issues and questions to FTR (email & Web) 24 hours per day.
· Unlimited access to the FTR Knowledge Base.
· On-line access and hardcopies of all released Technical Support memos,
· On-line access to product documentation.
· Free downloads of service packs & minor version upgrades. (dot level upgrade, ie: 2.1 to
2.2)
· Full version upgrades at a reduced cost (during promotion period).(ie: 2.2 to 3.x)
· Automatic renewal invoice is sent 30+ days prior to expiration date. Payment must be received by the contract
renewal date to avoid cancellation of contract. Lapsed service agreements require on site inspection at customers
expense before contract can be re-.instatecl.
Rates 'for Chargeable Service Under Contract
Contract Hardware/Software On-Site Service Rate:
$125.00 per hour on-site, plus $100.00 per hour travel and parts.
Contract Hardware/Software Shop Rate:
Minimum shop charge is $125.00 per hour, plus parts and shipping. Shop charge
applies to carry-in and mail-in.
Non-Contract Telephone Support Rate:
$125.00 per hour billed in 15 minute increments at $31.25.
Please Note
All customer account balances must be current before local service/support will be
provided.
Pricing is subject to chang!;! without prior notice.
Customers not covered by a Support Agreement will be charged the
standard rate of $185.00 per hour on-site, plus $100.00 per hour travel, parts
r-e--)and apPli~~le expenses, durh19 normal ~usiness hours.
l.~ ~l- Q L___ .11- L~'- CJ 1 _
Accepted By: Thcr(sa Ewing Date
After signing please--m ack to Karri Dejong at 206.768-2806...Thank You.
Attachment A - Audio FTR
10/12/2007
~Unif{C~ ~t;i,;TQftlll~~
$2,995 $2,995
$295 $0
$2,995
'aara"'~i&'Wk'llli\~)l1"~<~'i'^'i~:t<"'~r""~'~\\l1l'tifJ!~4"t;;lJ;1:::t'i~~~1,'~I\1t~~"'W..t""'l''''i'~~'';l;?f'~(f:"~'!'h'''&:~~5t
' \, .- -~. w. ' ~fI. -, }\~4~~~tA;:~\~lq~'~;(;tj.JtL'~l~/~1i~ ~JH ~c ,~/)\iJ<';&:j.;.'k,},;.(1~t,l1i~L~~~~;t':~~~Jt* '~) ,-;_~.~~ ,$]j f%,.~&!1/:-,,~' "''l1t~~r;: i
Delta 44 Sound Card FTR Drivers & Cable 1 $395 $395
DiQital Clock USB 1 $595 $595
MX4 Mixer (4 Inputs) 1 $825 $825
FTR Transcribe Kit (USB or Game Port) $125 $0
$1,815
I '" "
"
(this includes upgrading room 1 FTR Gold to Ver2.2 & training for all)
$6,5771
Plus, 8.9% Washington State S
*Installation and Training
Installation is estimated at up to one day per courtroom, dependent upon the
hardware being centrally located. Training will normally be completed within the same day,
depending upon the number of participants. User guides will be furnished in soft copy.
If a sound system is presently installed, Le.: a PA system, the customer is advised to have their sound
engineer/technician available at the time of install. Quality of audio signal delivered for recording
is the customers responsibility.
11/20/2007
r~, "i'f'
L.. ,\\
Our installation personnel will load FTR software and install hardware onto computers that meet or
exceed the specifications described in Attachment B. Theses requirements do not apply to FTR ReporterDeck.
Please advise us of the model and configuration of the computers being procured before ordering so that
we can verify suitability prior to delivery. Upon arrival for install should it be determined that PC(s) do not meet
minimum specifications(Attachment B), any time spent waiting or working to bring customers PC up to spec or
returning to complete install at a later date will be charged at our standard rates.(currrently $185/hour)
"Plus travel expense reimbursement for Training and Installation.
Prices guaranteed for 60 days from quotation date.
EFFICI~NCY, INC.'.5612 6TH AVE. S.;,Se~.tt1e Y"a, 98108 (206) 768-2800. FAX (206)'768-2806' .."., WVVW. EFf.INC CpM _' : '.'
~ ~ ~ ", .' '"') ~. ~.' "~.' ~". "', ~ . ~. '< ":. ," ~ ~ J' \ <. I' , ~, ' , ..). . .' r '" ~ .~. \
11/20/2007
~\
A. \",<0
()V " \\
FTR Log Notes for Clerks
Bremerton Municipal Court Room 2
Items to be su lied b Efficienc Inc.
~R\$7'o'~~:a"'~~:~:1;~j}t~}i'\f;;~!"Yl"""",..?,."t~~.'1tl.'ll''''1\1''iZ~''\<\~lt7.;:Uf;'jfj!N~~~.ik~""'i<~~,"!'0i',~';\lilf;;;';"(\I;~~~'~\j~\~~$',;o;"'"
.~I~ ';.:~ .,' ,'....." ,~~~,~,LJ>~,,:?'~-i>'f:3W'!1,~~~~~n~, ,'~,;;},~~"~~~4~.t}{1,.:~~~~.:{jW:~E~~';~L~~~~{~~~"1~~2,~~~:'~t:~~~'1-..t.?f;Jt,i:Jr~j'-~~'ile~l
1 0/12/2007
FTR Lo Notes Ver 2.2 Pro
$295
$885
$885
iitiUiit{e.Q$f,j ~r~:r(Ulili!i~
$1 ,043 ~
Plus, 8.9% Washington State S
*Installation and Training
Installation is estimated at up to one day per courtroom, dependent upon the
hardware being centrally located. Training will normally be completed within the same day,
depending upon the number of participants. User guides will be furnished in soft copy.
If a sound system is presently installed, Le.: a PA system, the customer is advised to have their sound
engineer/technician available at the time of install. Quality of audio signal delivered for recording
is the customers responsibility.
11/20/2007
f' ~\p^'
,,'6'\~$Y
Our installation personnel will load FTR software and install hardware onto computers that meet or
exceed the specifications described in Attachment B. Theses requirements do not apply to FTR ReporterDeck.
Please advise us of the model and configuration of the computers being procured before ordering so that
we can verify suitability prior to delivery. Upon arrival for install should it be determined that PC(s) do not meet
minimum specifications(Attachment B), any time spent waiting or working to bring customers PC up to spec or
returning to complete install at a later date will be charged at our standard rates. (currrently $185/hour)
"Plus travel expense reimbursement for Training and Installation.
Prices guaranteed for 60 days from quotation date.
EFFICIENCY, INC. 5612 6TH AVE. S.; Seattle Wi!, 98108 (206) 768-2800' FAX (206) 768-2806 - - ; WWW EFF-INC COM - - '~.- .
'~~'~.', ('~ " ~~ <~:;";':"""J<-~~' :'_-;" ,~~ ,"....'1:" ~"~:~>,~-:'~f~,;'.~,~~lj'..:.- ~.' (~').~~./ " ~" ,- ~"
11/20/2007
6 \,-j\
, '" "'iFt
'- \\~
DATE SUBMITTED: January 16, 2008
AGENDA BILL
CITY OF BREMERTON /r1J6o B- 02 ce
. . . ... . .. . . .... . .. . . . ... . . . . . ... . . . . . ~~:~. ~~:~:~ .... . . . .. .. . . ~ ... . . . SM... .. . . ~. I
SUBJECT: Acceptance of Grant Funding
from the Recreation and Conservation Office
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
January 23,2008
February 6, 2008
PW &U and Parks &
Rec.
Wyn Birkenthal/Tom
Knuckey
473-5752/473-2376
Presenter:
Phone:
SUMMARY: In 2005 and 2006, the City applied for five grants administered by the Washington
State Recreation and Conservation Office; four for the Bremerton Boardwalk Project and one for
Blueberry Park. Each of the 5 grants competed successfully and have been offered to the City.. The
grants for the Bremerton Boardwalk include a $2,000,000 Wildlife and Recreation Program - Trails
(WWRP-TR) grant, a $300,000 WWRP - Local Parks Grant (WWRP-LP), a $500,000 Aquatic Lands
Enhancement Account (ALEA) grant, and a $100,000 Land and Water Conservation (LWCF) grant.
The grant for Blueberry Park improvement is a $201,500 LCWF award.. The requested action before
the City Council is approval of Grant Funding from the Recreation and Conservation Office for the
Bremerton Boardwalk and Blueberry Park.
ATTACHMENTS: Council Summary, WWRP- TR Agreement (Bremerton Boardwalk Trail), WWRP-LP
(Evergreen Park Expansion/Shoreline Restoration), ALEA Agreement (Evergreen Park Expansion/Shoreline
Restoration), L WCF Agreement (Evergreen Rotary Park Expansion)
FISCAL IMP ACTS (Include Budgeted Amount): The Grants provide partial funding for the
Bremerton Boardwalk and Blueberry Parks Projects, and are included in the 2008 budgets for both
projects.
APPROVALS:
DEPARTMENT DIRECTOR: __.-""}
'--....-
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COYhWli f+~ Chair:
COUNCIL PRESIDENT:
~k,~
----....-,.,-. > -
I CONSENT AGENDA 1li11
RECOMMENDED MOTION: Move to approve rant unding from the Recreation and
Conservation Office for the Bremerton Boardwalk and Blueberry Park, and authorize the Mayor to
finalize and execute all grant agreements.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
COUNCIL SUMMARY
WASHINGTON WILDLIFE AND RECREATION PROGRAM (WWRP) AND
AQUATIC LANDS ENHANCEMENT ACCOUNT (ALEA) AND
LAND AND WATER CONSERVATION FUND GRANTS FOR THE
BREMERTON BOARDWALK, EVERGREEN PARK EXPANSION AND
BLUEBERRY PARK
BACKGROUND
The Recreation and Conservation Office, (formerly the Interagency Committee for Outdoor Recreation)
manages ten grant programs whose purpose is to create, maintain and enhance opportunities for
recreation and to protect the states wild lands. lAC Grants are typically used by municipalities and
Native American Tribes to construct such items as parks, boating facilities, trails, firearms and archery
ranges, playfields, wildlife and salmon habitat restoration projects, etc. In 2005, the City submitted one
application, .and in 2006 the City submitted four applications for funding under RCO programs;
Bremerton has been awarded each of the five requested grants. The grants would provide partial
funding for the Bremerton Boardwalk and Blueberry Park Projects.
BLUEBERRY PARK DEVELOPMENT
A Land and Water Conservation Fund (LWCF) grant has been offered to the city to assist with the
development of Blueberry Park. The grant agreement has not been received as of 1/15/08 as the
RCO office is in the process of final review of the required cultural resources study which has been
completed by the City's contractor. The terms and conditions for the Blueberry Park grant will be
identical to the LWCF grant offered for the Evergreen Park Expansion with the exception of the grant
amount which is $201,510. During 2007 Council approved a $197,000 Department of Ecology Low
Impact Development grant for Blueberry Park. The Department of Ecology Grant and The LCWF grant
work in tandem to comprise the project budget for Blueberry's development and each of the grants
serves as a matching fund for the other. The grant amount and state-wide ranking is as follows:
GRANT
Blueberry Park LWCF
AMOUNT
$201,510
RANKING
1 51 of 3
Pro' t t d t h . f II
)Iec cos an mac IS as o ows:
Budget DOE LWCF Existing Park
LID Funding, and Other
Grants and
Donations
Design & Engineering $35,000 $25,000 $10,000 $0
Taxes $18,000 $0 $18,000 $0
Landscaping $84,000 $54,778 $29,222 $0
Trails/Hardscape $130,344 $71,222 $59,122 $0
Construction
Site Preparation $31,500 $0 $31,500 $0
Park Amenities $60,006 $53,666 $6,340
Public $8,700 $8,700 $0 $0
Outreach/Education
LID Monitoring $15,270 $15,270 $0 $0
City Staff, Const. & $20,200 $20,200 $0 $0
Project Mgt, in-kind
donations, labor, partner
organizations, etc.
Total $403,020 $195,170 $201,510 $6,340
Page 1 of3
1/16/2008
BREMERTON BOARDWALK
Four RCO grants have been offered for the Bremerton Boardwalk project which includes the Evergreen
Rotary Park expansion. The individual grants are summarized below:
1) Washington Wildlife and Recreation Program Trails Category $2,000,000 Award: ranked 1st out
of 23 applications submitted statewide.
2) Aquatic Land Enhancement Account $500,000 for shoreline restoration. Ranked 3rd out of 22
statewide submittals.
3) Washington Wildlife and Recreation Program Local Parks Category $300,000 award for
Evergreen expansion, ranked 6th out of 69 statewide submittals.
4) Land and Water Conservation Fund, Plumbers building acquisition. Ranked 9th of 18
statewide submittals.
Each of the grants requires a 100% match (dollar for dollar) which will come from a variety of sources
as presented on the following page.
Page 2 of3
1/16/2008
-------T-- T CURRENT--- ---- _.__.__.._---._.~-- --~------ .--.---"..-."-..-.- . . ,,---- - - -----..- _.._._--~-"._-~--- -- ----------" ------ - -...-.--.----..-.-" MOreRsii--------------------
! NOAA Marille
i EST. COST AlEA . 2006 WWRP -lP . WWRP .TR - GEN'l FUND WW FUND i Dehris Partnership HUn BEDI Grant
I 112010 Dollars\
iDESIGN lWCf (11\ (121 2006 1131 2006 (14) SECUREO PWTF 121 DOE.AO 1151 Removal (16) Fund (171 (181
IDesiqn & RVFS ! i $2,913,096 $1,818,851 $771 ,76B $293,699
ICitv Labor, CM, Minor Contracts i $500 ,000 $150.000 $100,000
I
! Ecoloqv Oversiqht I i $40,000 $40.000
i10 vrs GW Mon I I $320,000 $240.000
I
: I i
I
!CONSTRUCTION i !
I Consuijanl-CM I ! $450,000
ICitv-CM Remediation I ! $50,000 $12,500 $37.500
!Plumbers Bldq ACQuisition ! I $300,000 $100,000 $200,000
i Park Redevelopment I ! $763,840 $300 .000 $363 ,840
iChevron Beach Restoration i I $1.073.380 $500 .ooc $805.035 $57,346 $50.000
I
IOffsite Beach Restoration , I $192,654 $192.654
i I
I Chevron Remediation I ! $1.190,027 $297.507 $892,520
!Sewer ! i $1,967,966 $1 ,967,966
i Boardwalk I $14.003,220 $2,000,000 $1,160,266 $1,636,160
i Offsile Sewer I i $750,000 $750,000
I
! I j
!TOTAl I i $24,514,183 $100,000 $500.000 $300,000 $2.000.000 $2.518,858 $4,750,000 $2,268.754 $250,000 $50.000 $2,000.000
I
I
I
I
!DesiQn & RIIFS I
iCitv Labor, CM, Minor Contracts
iEcologyOverslght I
!Remainder
110 vrs GW Mon I
i !
!CONSTRUCTION I
!Consuijant-CM I
:City.CM Remediation !
IPlumbers Bldq ACQuisition i
iPark Redevelopment I
IChevron Beach Restoration I
IOffsite Beach Restoration I
i Chevron Remediation !
I Sewer :
IBoardwalk !
:Offsite Sewer i
! I I
!TOTAl I $2,000,000 $3,000,000 $1,850.000 $1,750.000 $500,000 $1,000,000 $5,000000 $100,000 $1.000,000 .$6,423.429 $358,778
L------=--=t= 1 Sources Ofr.J.ds ill Gree"a~i$ec.!!!~_=_-+-.---~-+----i~===___i=~~-~--.--~t-===-t--=--==--L -------1
[.-:::.... . .. .__ .....__~~--==1~ i !~~~:;:.;~~;~~~~;~;_:~;,:~;~:~~t~~~~~~~:~I=!!~IIl~i':i1::~~~i:~~~.!J_-::::~:.~_==t=_-:=_:::1~:~:::::_:::=:-.--+-:=..:=~:~::=_~t~=_==-:=j
"0
~
w
~
w
f---------i-- II
I
i
IDESIGN
'-
::::;
~
c::::,
c::::,
00
-L----........l
! !
1----
!
I I I I
!-----------r------+-----!
I I I I
I
--t
I
PSRC
Economic WWRP-
HUD Section Development WWRP - TR - Riparian -
108 loan (191 District 171 2008 2008
j
!
i
I
,
,
I
!
I
I
,
i
I
I
i
!
I
,
i
$2,000,000 $3,000,000 $1,850,000 $1,750,000
COMMUNITY
PROJECT
DIRECT
PFD FUND /61 GRANT 181
ROTARY PRIVATE
CLUB DONATIONS
DONATION 191 101
WSDOT PED f
BIKE SAFETY
(3)
ADDITIONAL
GEN'l FUND
UNFUNDED REQUIREMENT
$28,778 $28 ,778
$250 ,000 $250.000
$450,000
$0 $0
$80,000 $80,000
$0 $0
$0 $0
$0 $0
$0 $0
$100,000 $0 $0
($339 ,001 $0
$0 $0
$0 $0
$0 $0
$1 .000 ,000 ($6 .443 ,2061 $0
$0 $0
$500,000
$1,000,000
$4,550,000
Natural Resources Building
1111 Washington St SE
Olympia WA 98501
PO Box 40917
Olympia WA 98504-0917
(360) 902-3000
ITY (360) 902-1996
Fax: (360) 902-3026
E-mail: info@rco.wa.gov
Web site: www.rco.wa.gov
STATE OF WASHINGTON
RECREATION AND CONSERVATION OFFICE
October 26, 2007
Wyn Birkenthal
City of Bremerton
680 Lebo Blvd
Bremerton, WA 98310
RE: Evergreen Rotary Park Expansion, RCO #05-1237A
Dear Mr. Birkenthal:
Congratulations on your successful application for the Evergreen Rotary Park Expansion project. Your
project is administered by the Recreation and Conservation Funding Board (RCFB). Enclosed are two
original sets of project agreement materials. Each set contains the Project Agreement, Milestone Report,
Eligible Reimbursement Activities Report, and an Invoice Voucher. Also enclosed are policy manuals for
reference as you implement your project and seek reimbursement. After reviewing your Project Agreement
materials, please have the appropriate person sign each Project Agreement and return one signed original.
Once the Project Agreement is signed and returned, the Evergreen Rotary Park Expansion project can
commence.
Prompt implementation and completion of your project is extremely important and will ensure the continuing
success and credibility of the Land and Water Conservation Fund Program by demonstrating effective
results to citizens and policy makers.
We encourage you to offer appropriate media opportunities to help build public awareness of the project's
purposes and benefits. Acknowledging the assistance provided by this grant program helps increase the
public's understanding of the value the funding provides to communities. Please notify your RCFB project
manager of any event celebrating your project's beginning or completion.
As always, staff is available to answer questions that may arise during project implementation. If you need
assistance, please contact Sarah Thirtyacre at (360) 902-0243 or saraht@rco.wa.gov.
Thank you again for helping make this valuable investment in Washington State's recreation, conservation,
and natural resources.
Sincerely,
('J.. 1', ....jj ,I"
.7[e:.c! t. :.~\ - \:. ,,'Ie \.i 'r ''-.
Rachael Langen '
Deputy Director
Enclosures
Recreation and Conservation Funding Board · Salmon Recovery Funding Board. Washington Biodiversity Council
."...~. AGRECVRlWil"shington Invasive Species Council · Forum on Monitoring Salmon Recovery and Watershed Health 0
Natural Resources Building
1111 Washington St SE
Olympia WA 98501
PO Box 40917
Olympia WA 98504-0917
(360) 902-3000
TrY (360) 902-1996
Fax: (360) 902-3026
E-mail: info@rco.wa.gov
Web site: www.rco.wa.gov
STATE OF WASHINGTON
RECREATION AND CONSERVATION OFFICE
August 9, 2007
Wyn Birkenthal, Parks Director
Bremerton Parks and Recreation Department
680 Lebo Blvd
Bremerton, W A 98310
RE: Waiver of Retroactivity, RCO Waiver #W07-12
Plumber's Union property (approximately 0.16 acre)
Dear Mr. Birkenthal:
I am writing in response to your request for a waiver of retroactivity for acquisition of the
Plumber's Union property. The Recreation and Conservation Office staff reviewed the City of
Bremerton's request for compliance with current rules and policy and found all the necessary
documentation complete except for an appraisal and appraisal review for the property to be
acquired.
Based on the information provided, I am conditionally approving your request, effective May 10,
2007, until the remaining documents are submitted. The City of Bremerton must submit the
appraisal and appraisal review for the Plumber's Union property by December 6,2007. This
decision will allow the acquisition to remain eligible for funding in the Land and Water
Conservation Fund program as approved by the Recreation and Conservation Funding Board
(RCFB) at its May 2006 meeting.
Approval of this request is based upon the condition that you follow the federal acquisition
procedures described in RCFB Manual #3, Acauirina Land: Policies. If you have questions or
need other assistance, please contact Leslie Ryan-Connelly at (360) 902-3080 or e-mail
leslier@rco.wa.gov.
Sincerely,
(j}, dl:cJt:~l;J'-
RachaelLangen
Deputy Director
c: Leslie Ryan-Connelly, RCO
.........
Recreation and Conservation Funding Board. Salmon Recovery Funding Board. Washington Biodiversity Council
Washington Invasive Species Council. Forum on Monitoring Salmon Recovery and Watershed Health
o
~. /nrmtgmry
~ I oUTDooR' for
~~! RECRERTION
Land and Water Conservation Program
TITLE: Evergreen Rotary Park Expansion
Post-Evaluation Project Summary
SPONSOR:
NUMBER: 05-1237A
STATUS: Board Funded
(Acquisition)
City of Bremerton
EVALUATION SCORE:
BOARD RANKING:
29.5000
9 of 18
COSTS:
Land and Water Conservation
Local
Total
$100,000
$100,000
$200,000
50%
50%
100%
SPONSOR MATCH:
Appropriation \ Cash
DESCRIPTION:
The Bremerton parks department will use this Land and Water Conservation Fund grant to buy a small piece of
property between Evergreen Rotary Park and a piece of property slated for future acquisition. The grant will
purchase a . 16-acre site adjoining the park's eastern border. Notwithstanding the athletic fields, Evergreen Rotary
Park is the most used park in the city's park system. The new property would be developed as a relatively passive
waterfront park around Smith Cove. Continuation of the walking trail connecting to the new Smith Cove portion will
allow access to the waterfront and park features. ~remerton will contribute $100,000. (05-1237A)
LOCATION INFORMATION:
Adjacent to Evergreen Rotary Park on Smith Cove in Bremerton
COUNTY:
Kitsap
SCOPE (ELEMENTS):
Allowable land costs
ANTICIPATED ACREAGE:
ACREAGE TYPE
Uplands
Acres To
Be Acquired
0.16
Acres To
Be Dev/Restored
Acres To
Be Renovated
FISCAL YEAR:
2006
DATE PRINTED:
October 26, 2007
1 PAPSUM1.RPT
Evergreen Rotary Park Expansion
I 1N"""""
~ i OumOORt}Or
I-:~I RECRERTlOH
Legal Description
Project Sponsor:
Project Title:
City of Bremerton
Evergreen Rotary Park Expansion
Project Number: 05-1237 A
lAC Approval: 05/02/2006
Worksite Name
Property Name
Legal Description
Worksite #1 Plumbers & Steam Fitters Union Property
All that portion of Block 4, Bayview addition to the town of Bremerton, according to plat recorded in Volume 2 of
plats, page 58, in Kitsap County, Washington, described as follows:
Beginning at the southeast corner of said block 4; thence due west along the north margin of Mill Street, a distance
for 79.15 feet; then north 23005'15" west a distance of 120.12 feet; then north 52058'15" east along a woven steel
fence line a distance of 40.24 feet to a point on the southwesternly margin of Highland Avenue, as established by
order of vacation of the City of Bremerton, Ordinance No. 146, dated October 20, 1905, recorded in book 45 at
page 460, thence south 23000' east along said margin of Highland Avenue, a distance of 31.54 feet; thence south
37.49 feet east along the southwesterly margin of Highland Avenue, a distance of 133.53 feet to the point of the
beginning.
LEGALDSC.RPT
October 26, 2007
Page 1
LWCF Project Agreement
Recreation Resource Account
Project Sponsor:
Project Title:
City of Bremerton
Evergreen Rotary Park Expansion
Project Number:
Approval Date:
05-1237A
5/2/2006
A. PARTIES OF THE AGREEMENT
This Project Grant Agreement (Agreement) is entered into between the Recreation and Conservation Funding Board
(RCFS), P.O. Sox 40917, Olympia, Washington 98504-0917 and City of Sremerton, 345 6th St Ste 600, Sremerton,
WA 98337 (Sponsor) and shall be binding upon the agents and all persons acting by or through the parties.
B. PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the Recreation Resource Account of
the State of Washington's General Fund. The grant is administered by the RCFS to the Sponsor for the project
named above.
C. DESCRIPTION OF PROJECT
The subject Project is described on the attached Project Summary.
D. TERM OF AGREEMENT
The Project Sponsor's on-going obligation for the above project is perpetual unless otherwise identified in this
Agreement. .
E. PERIOD OF PERFORMANCE
The Project reimbursement period shall begin on June 11,2007 and end on December 31,2007. No expenditure
made before or after this period is eligible for reimbursement unless incorporated by written amendment into this
Agreement.
F. PROJECT FUNDING
The total grant award provided by the RCFS for this project shall not exceed $100,000.00. The RCFS shall not pay
any amount beyond that approved for funding of the project. The Sponsor shall be responsible for all total project
costs that exceed this amount. The contribution by the Sponsor toward work on this project at a minimum shall be as
indicated below:
RCFS - Land and Water Conservation
Percentage
50.00%
50.00%
100.00%
Dollar Amount
Project Sponsor
Total Project Cost
$100,000.00
$100,000.00
$200,000.00
G. RIGHTS AND OBLlGA TlONS
All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments, including
the Sponsor's Application, Project Summary, Eligible Reimbursement Activities Report, Project Milestones, and the
General Provisions, all of which are attached hereto and incorporated herein.
Except as provided herein, no alteration of any of the terms or conditions of this Agreement will be effective unless
provided in writing. All such alterations, except those concerning the period of performance, must be signed by both
parties. Period of performance extensions need only be signed by RCO's Director.
The Sponsor has read, fully understands and agrees to be bound by all terms and conditions as set forth in these
documents.
H. COMPLIANCE WITH APPLICABLE STA TUTES. RULES. AND RCO POLICIES
This Agreement is governed by, and the Sponsor shall comply with, all applicable state and federal laws and
regulations, including Chapter 79A.25 RCW, Chapter 286 WAC and published agency policies, which are
incorporated herein by this reference as if fully set forth.
L WCF Project AQreement
Chapter 79A.25 RCW, Chapter 286 WAC
PROJAGRRPT
Recreation Resource Account
Page 1 of 3
General Provisions
Table of Contents Page
A. Heading and Definitions
Section 1. Headings and Definitions ........................ ... .......... .... ..................... .................... ..... 1
B. Performance and Requirements (General Responsibilities)
Section 2. Performance by Sponsor ....................................................................................... 2
Section 3. Assignment ...................... ... ............ ............. ...... ...... ................... ............. .............. 2
Section 4. Responsibility for Project ................................ ........ ...................... ............. ............ 2
Section 5. Indemnification... .......... ............. ................... ................ .... ................... ...................2
Section 6. Independent Capacity of the Sponsor ................................................................... 2
Section 7. Conflict of Interest. .......... .......... .......... ................ ........ .............. .......... ................... 2
Section 8. Acknowledgment and Signs.......... .......... ......... ...... ........................ ............. ...... ..... 3
C. Compliance with Laws, Records, and Inspections
Section 9. Compliance with Applicable Law.......................................................................... 3
Section 10. Records Maintenance...... ....... ..................... ........ ...... ............... ...... .................. .....4
Section 11. Access to Data ....................................................................................................... 4
Section 12. Treatment of Assets......... .......... ..... ............. ......... ............. ......... ........... ...... .......... 4
Section 13. Right of Inspection ................................................................................................. 4
Section 14. Stewardship and Monitoring .................................................................................. 5
Section 15. Debarment Certification ......................................................................................... 5
D. Funding, Reimbursements
Section 16. Project Funding ...................... ............ ..... ........................... ................. ................... 5
Section 17. Project Reimbursements........................................................................................5
Section 18. Advance Payments ... ....................... ...... .......... ............ ............... ...... ........ ..... ........ 5
Section 19. Non-availability of Funds................. ......... .................... .......... ................................ 6
Section 20. Recovery of Payments...........................................................................................6
Section 21. Covenant Against Contingent Fees ....................................................................... 6
E. Acquisition and/or Development/Restoration
Section 22. Provisions Applying to Development/Restoration Projects.................................... 6
Section 23. Provisions Applying to Acquisition Projects ...........................................................7
Section 24. Hazardous Substances.... ............ ................. ...................................... ................... 7
F. Facility Uses and Fees
Section 25. Restriction on Conversion of Facility to Other Uses .............................................. 8
Section 26. Construction, Operation, Use and Maintenance of Assisted Projects.................. 9
Section 27. Income and Income Use..........................................................................:.............9
Section 28. Preferences for Residents ..................................................................................... 9
G. Special Provisions
Section 29.
Section 30.
Section 31 .
Provisions Related to Non-Profit or Not-For-Profit Sponsors .............................. 10
Liability Insurance Requirements for Firearm Range Sponsors.......................... 10
Requirements of the National Park Service......................................................... 10
H. Remedies and Disputes
Section 32. Order of Precedence............................................................................................11
Section 33. Amendments. ........... ............... ........... ................ ........................................ ..... ..... 11
Section 34. Limitation of Authority .......................................................................................... 11
Section 35. Waiver of Default..................................................................................................11
Section 36. Application Representations-Misrepresentations or Inaccuracy or Breach ...... 11
Section 37. Termination and Other Remedies ....................................................................... 11
Section 38. Termination for Convenience...............................................................................12
Section 39. Dispute Hearing...................................... .......... ............ ......................... .............. 12
Section 40. Attorneys' Fees .................................................................................................... 12
Section 41. Governing LawNenue ......................................................................................... 13
Section 42. Severability.... ..................................................... ...................... ............. .......... ..... 13
April 15, 2002 - Page 1
General Provisions
SECTION 1. HEADINGS AND DEFINITIONS
A. Headings used in this Agreement are for reference purposes only and shall not be considered a
substantive part of this Agreement.
B, Definitions. As used throughout this Agreement, the following terms shall have the meaning set
forth below:
Acquisition - The gaining of rights of public ownership by purchase, negotiation, or other means, of
fee or less than fee interests in real property.
Agreement - The accord accepted by all parties to the present transaction; the Agreement,
supplemental agreement, intergovernmental agreement, monitoring plan, and/or a landowner
agreement between the Funding Board and a Sponsor.
Applicant - Any agency or organization that meets the qualifying standards, including deadlines,
for submission of an application soliciting a grant of funds from the Funding Board.
Application - The forms and support documents approved by the Funding Board or its Director for
use by applicants in soliciting project funds administered by the Office.
Asset - Equipment purchased by the Sponsor or acquired or transferred to the Sponsor for the
purpose of this Agreement. This definition is restricted to non-fixed assets, such as vehicles,
computers or machinery.
Contractor - shall mean one not in the employment of the Sponsor who is performing all or part of
the eligible activities for this projects under a separate Agreement with the Sponsor. The term
"Contractor" and "Contractors" means Contractor(s) in any tier.
Development/Restoration - The construction, renovation, redevelopment, or installation of
facilities to provide for outdoor recreation or natural resources.
Director - The Office Director or the Director's designee.
Funding Board - As identified in Paragraph A in the Agreement as either the (1) Interagency
Committee for Outdoor Recreation (lAC) - The committee created under Chapter 79A.25.110 RCW
includes eight members. Three are agency heads; the Commissioner of Public Lands, the Director
of Parks and Recreation, and the Director of Fish and Wildlife (or their designees). Five, by
appointment of the Governor with the advice and consent of the Senate, are members of the public
at large who have demonstrated interest in and a general knowledge of outdoor recreation in the
state; (2) Salmon Recovery Funding Board (SRFB) - The Board created under Chapter 77.85.110
RCW, is comprised of five governor-appointed voting members (one a cabinet-level appointment)
and five non-voting state officials: the Commissioner of Public Lands, the Secretary of
Transportation, the Director of the Conservation Commission, the Director of Fish and Wildlife, and
the Director of Ecology (or their designees); or (3) Hatchery Scientific Review Group (HSRG) _ The
independent Board established by Congress to ensure hatchery reform programs in Puget Sound
and Coastal Washington are scientifically founded and evaluated.
Office - Office of the Interagency Committee - The Office provides support to the lAC, SRFB,
and HSRG. The Office includes the Director and personnel, created by Chapters 79A.25.110 and
79A.25.150 RCW and charged with administering this Agreement by Chapters 77.85.110 and
79A.25.240 RCW.
Landowner Agreement - A landowner agreement is required between a Sponsor and landowner
for projects located on land not owned, or otherwise controlled, by the Sponsor for salmon recovery
projects.
Milestone - Important date(s) tracked in the Agreement for monitoring the Project status.
Period of Performance - The time period specified in the Agreement, under Section E, Period of
Performance. .
Post Evaluation Summary - One of the documents used to summarize and describe the actions
untaken in the Agreement.
Project - The undertaking that is the subject of this Agreement and that is, or may be, funded in
whole or in part with funds administered by the Office on behalf of the Funding Board.
Sponsor - The applicant who has been awarded a grant of funds and is bound by this executed
Agreement; includes its officers, employees and agents.
April 15, 2002 - Page 2
General PrOVIsions
SECTION 2. PERFORMANCE BY THE SPONSOR
The Sponsor shall undertake the Project as described in this Agreement, Post Evaluation Summary, the
Sponsor's application, and in accordance with the Sponsor's proposed goals and objectives described in
the application or documents submitted with the application, all as finally approved by the Funding Board.
All submitted documents are incorporated by this reference as if fully set forth herein. The Order of
Precedence is covered in Section 26.
Timely completion of the Project is important. Failure to do so, as set out in this Agreement, is a material
breach of the Agreement.
SECTION 3. ASSIGNMENT
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
the Sponsor without prior written consent of the Funding Board.
SECTION 4. RESPONSIBILITY FOR PROJECT
While the Funding Board undertakes to assist the Sponsor with the Project by providing a grant pursuant
to this Agreement, the Project itself remains the sole responsibility of the Sponsor. The Funding Board
undertakes no responsibilities to the Sponsor, or to any third party, other than as is expressly set out in
this Agreement. The responsibility for the implementation of the Project, as those phases are applicable
to this Project, is solely that of the Sponsor, as is responsibility for any claim or suit of any nature by any
third party related in any way to the Project.
SECTION 5. INDEMNIFICATION
To the fullest extent permitted by the law, the Sponsor expressly agrees to and shall indemnify, defend
and hold harmless the State and its agencies, officials, agents and employees from and against all
claims, actions, costs, damages, or expenses of any nature arising out of or incident to the Sponsor's or
any Contractor's performance or failure to perform the Agreement. Sponsor's obligation to indemnify,
defend and hold harmless also includes any claim by Sponsor's agents, employees, representatives or
any Contractor or its employees. Sponsor's obligation to defend includes payment of any costs or
attorneys' fees. Sponsor's obligation shall not include such claims that may be caused by the sole
negligence of the State and its agencies, officials, agents, and employees. If the claims or damages are
caused by or result from the concurrent negligence of (a) the State, its agents or employees and (b) the
Sponsor, its Contractors, agents, or employees, this indemnity provision shall be valid and enforceable
only to the extent of the negligence of the Sponsor or its Contractors, agents, or employees. The Sponsor
expressly agrees to waive his/her immunity under Title 51 RCW to the extent required to indemnify,
defend, and hold harmless the State and its agencies, officials, agents or employees.
SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR
The Sponsor and its employees or agents performing under this Agreement are not employees or agents
of the Funding Board or the Office. The Sponsor will not hold itself out as nor claim to be an officer or
employee of the Office or of the state of Washington by reason hereof, nor will the Sponsor make any
claim of right, privilege or benefit which would accrue to an employee under Chapters 41.06 or 288.16
RCW.
The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of
any kind required by federal, state, and/or local laws.
SECTION 7. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the Office may, in its
sole discretion, by written notice to the Sponsor terminate this Agreement if it is found after due notice
and examination by the Office that there is a violation of the Ethics in Public Service Act, Chapter 42.52
RCW; or any similar statute involving the Sponsor in the procurement of, or performance under this
Agreement. In the event this Agreement is terminated as provided above, the Office shall be entitled to
pursue the same remedies against the Sponsor as it could pursue in the event of a breach of the
April 15, 2002 - Page 3
General Provisions
Agreement by the Sponsor. The rights and remedies of the Office provided for in this clause shall not be
exclusive and are in addition to any other rights and remedies provided by law. The existence of facts
upon which the Office makes any determination under this clause shall be an issue and may be reviewed
as provided in the "Disputes Hearing" clause of this Agreement.
In the event this Agreement is terminated as provided above, the Funding Board or the Office shall be
entitled to pursue the same remedies against the Sponsor as it could pursue in the event of a breach of
the Agreement by the Sponsor. The rights and remedies of the Funding Board or the Office provided for
in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law.
The existence of facts upon which the Funding Board or the Office makes any determination under this
clause may be reviewed as provided in the "Disputes" clause of this Agreement.
SECTION 8. ACKNOWLEDGMENT AND SIGNS
A. Publications. The Sponsor shall include language which acknowledges the funding contribution of the
program to this Project in any release or other publication developed or modified for, or referring to,
the Project.
B. Signs. The Sponsor also shall post signs or other appropriate media at Project entrances and other
locations on the Project which acknowledge the program's funding contribution, unless exempted in
Funding Board policy or waived by the Director.
C. Ceremonies. The Sponsor shall notify the Office no later than two weeks before a dedication
ceremony for this Project. The Sponsor shall verbally acknowledge the program's funding contribution
at all dedication ceremonies.
D. Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid
solicitations, and other documents describing a project funded in whole or in part with federal money
provided for in this grant, Sponsors shall clearly state:
1. The percentage of the total costs of the Project that is financed with federal money;
2. The dollar amount of federal funds for the Project; and
3. The percentage and dollar amount of the total costs of the Project that is financed by
nongovernmental sources.
SECTION 9. COMPLIANCE WITH APPLICABLE LAW
The Sponsor will implement the Agreement in accordance with applicable federal, state, and local laws
and regulations.
The Sponsor shall comply with, and the Office is not responsible for determining compliance with, any
and all applicable federal, state, and local laws, regulations, and/or policies, including, but not limited to,
State Environmental Policy Act; Industrial Insurance Coverage; Architectural Barriers Act; permits
(shoreline, Hydraulics Project Approval, demolition); land use regulations (comprehensive areas
ordinances, Growth Management Act); federal and state safety and health regulations (Occupational
Safety and Health Administratiqn/Washington Industrial Safety and Health Act); and Buy American Act.
The Sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or
policies, including but not limited to, the Americans with Disabilities Act; Civil Rights Act; and the Age
Discrimination Act. In the event of the Sponsor's noncompliance or refusal to comply with any
nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in
part, and the Sponsor may be declared ineligible for further grant awards from the Funding Board. The
Sponsor is responsible for any and all costs or liability arising from the Sponsor's failure to so comply with
applicable law.
No part of any funds provided under this grant shall be used, other than for normal and recognized
executive-legislative relationships, for publicity or propaganda purposes, or for the preparation,
distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation
designed to support or defeat legislation pending before the U.S. Congress or any state legislature.
April 15, 2002 - Page 4
General ProVIsions
No part of any funds provided under this grant shall be used to pay the salary or expenses of any
Sponsor, or agent acting for such Sponsor, related to any activity designed to influence legislation or
appropriations pending before the U.S. Congress or any state legislature.
For habitat restoration projects funded in part or whole with National Marine Fisheries Service funding,
Sponsor shall not commence with clearing of riparian trees or in-water work unless and until an ESA
consultation is completed and delivered by National Marine Fisheries Service to the Sponsor. Violation of
this paragraph shall not be the basis for any enforcement responsibility by the lAC.
SECTION 10. RECORDS MAINTENANCE
The Sponsor shall maintain books, records, documents, data and other evidence relating to this
Agreement and performance of the services described herein, including but not limited to accounting
procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this Agreement. Sponsor shall retain such records for a period of six
years following the date of final payment. At no additional cost, these records, including materials
generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by
the Office, personnel duly authorized by the Office, the Office of the State Auditor, and federal and state
officials so authorized by law, regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall
be retained until all litigation, claims, or audit findings involving the records have been resolved.
SECTION 11. ACCESS TO DATA
In compliance with chapter 39.29 RCW, the Sponsor shall provide access to data generated under this
Agreement to the Office, the Joint Legislative Audit and Review Committee, and the State Auditor at no
additional cost. This includes access to all information that supports the findings, conclusions, and
recommendations of the Sponsor's reports, including computer models and methodology for those
models.
SECTION 12. TREATMENT OF ASSETS
A. Assets shall remain in the possession of the Sponsor for the duration of the project or program. When
the Sponsor discontinues use of the asset(s) for the purpose for which it was funded, the Office will
require the Sponsor deliver the asset(s) to the Office, dispose of the asset according to agency
policies, or return the fair market value of the asset(s) to the Office. Assets shall be used only for the
purpose of this Agreement, unless otherwise provided herein or approved by the Office in writing.
B. The Sponsor shall be responsible for any loss or damage to assets which results from the negligence
of the Sponsor or which results from the failure on the part of the Sponsor to maintain and administer
that property in accordance with sound manag~ment practices.
SECTION 13. RIGHT OF INSPECTION
The Sponsor shall provide right of access to its facilities to the Office, or any of its officers, or to any other
authorized agent or official of the state of Washington or the federal government, at all reasonable times,
in order to monitor and evaluate performance, compliance, and/or quality assurance under this
Agreement.
If a Landowner Agreement has been executed, it may further stipulate and define the Funding Board and
the Office's right to inspect and access lands acquired or developed with Funding Board assistance.
April 15, 2002 - Page 5
General Provisions
SECTION 14. STEWARDSHIP AND MONITORING
Sponsor agrees to perform monitoring and stewardship functions as stated in the monitoring and
stewardship plans as approved by the Funding Board or the Office. Sponsor further agrees to utilize,
where applicable and financially feasible, any monitoring protocols recommended by the Funding Board.
SECTION 15. DEBARMENT CERTIFICATION
The Sponsor certifies it is not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in this Agreement by any Federal department or
agency. If requested by the Office, the Sponsor shall complete a Certification Regarding Debarment,
Suspension, 1t1eligibility, and Voluntary Exclusion form. Any such form completed by the Sponsor for this
Agreement shall be incorporated into this Agreement by reference.
SECTION 16. PROJECT FUNDING
A. Additional Amounts. The Funding Board shall not be obligated to pay any amount beyond the dollar
amount as identified in this Agreement, unless an additional amount has been approved in advance
by the Funding Board or Director and incorporated by written amendment into this Agreement.
B. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the
effective date of this Agreement shall be eligible for grant funds, in whole or in part, unless specifically
provided for by Funding Board policy. The dollar amounts identified in this Agreement may be
reduced as necessary to exclude any such expenditure from reimbursement.
C. After the Period of Performance. No expenditure made, or obligation incurred, following the period of
performance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy
the Funding Board may have under this Agreement, the amounts identified in this Agreement shall be
reduced to exclude any such expenditure from participation.
SECTION 17. PROJECT REIMBURSEMENTS
A. Compliance and Payment. The obligation of the Office to pay any amount(s) under this Agreement is
expressly conditioned upon strict compliance with the terms of this Agreement by the Sponsor.
B. Compliance and Retainage. The Office reserves the right to withhold disbursement of the final ten
percent (10%) of the total amount of the grant to the Sponsor until the Project has been completed
and approved by the Director. A Project is considered "complete" when:
1 . all approved or required activities outlined in the Agreement are complete;
2. on-site signs are in place (if applicable):
3. a final Project report is submitted to the Office with the Sponsor's final request for reimbursement;
4. the completed Project has been approved by the Office;
5. final amendments have been processed; and
6. fiscal transactions are complete.
C. Invoice Frequency. Invoices are required at least once a quarter from state agency sponsors and at
least once a year from all other sponsors. The year-end invoice should include expenditures through
June 30, the last day of the State's fiscal year and be submitted no later than July 15th. Final
reimbursement requests should be submitted to the Office within ninety (90) days of the completion of
the Project, fun~ing end date, or the termination date, whichever comes first.
SECTION 18. ADVANCE PAYMENTS
Advance payments of or in anticipation of goods or services to be provided under this Agreement are
limited to salmon grants and must comply with SRFB policy.
April 15, 2002 - Page 6
General Provisions
SECTION 19. NON-AVAILABILITY OF FUNDS
If amounts sufficient to fund the grant made under this Agreement are not appropriated by the
Washington State Legislature, or if such funds are not allocated by the Washington State Office of
Financial Management (OFM) to the Office for expenditure for this Agreement in any biennial fiscal
period, the Office shall not be obligated to pay any remaining unpaid portion of this grant unless and until
the necessary action by the Legislature or OFM occurs. If the Office participation is suspended under this
section for a continuous period of one year, the Office's obligation to provide any future funding under this
Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by
the Sponsor.
SECTION 20. RECOVERY OF PAYMENTS
In the event that the Sponsor fails to expend funds under this Agreement in accordance with state and
federal laws, and/or the provisions of the Agreement, the Office reserves the right to recover grant award
funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available
at law or in equity.
The Sponsor shall reimburse the Office for any overpayment or erroneous payments made under the
Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30
days of demand by the Office. Interest shall accrue at the rate of twelve percent (12%) per annum from
the time that payment becomes due and owing.
SECTION 21. COVENANT AGAINST CONTINGENT FEES
The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure
this Agreement upon an agreement or understanding for a commission, percentage, brokerage or
contingent fee, excepting bona fide employees or bona fide established agents maintained by the
Sponsor for the purpose of securing business. The Office shall have the right, in the event of breach of
this clause by the Sponsor, to annul this Agreement without liability or, in its discretion, to deduct from the
Agreement price or consideration or recover by other means the full amount of such commission,
percentage, brokerage or contingent fee.
SECTION 22. PROVISIONS APPLYING TO DEVELOPMENT/RESTORA TION PROJECTS
The following provisions shall be in force only if the Project described in this Agreement is for
development/restoration of land or facilities for outdoor recreation, habitat conservation, or salmon
recovery:
A. Construction Document Review and Approval. The Sponsor agrees to submit one copy of all
construction plans and specifications to the Office for review. Review and approval by the Office will
be for compliance with the terms of this Agreement.
B. Contracts for Construction. Sponsor shall award all contracts for construction using whatever method
is appropriate and legal for the Sponsor.
C. Construction Contract Change Order. Only change orders that significantly reduce or change the
scope of the Project as described to and approved by the Funding Board or the Office must receive
prior written approval.
D. Control and Tenure. Appropriate control and tenure of the land proposed for use must be executed
and documented.
E. Nondiscrimination. Except where a nondiscrimination clause required by a federal funding agency is
used, the Sponsor shall insert the following nondiscrimination clause in each contract for construction
of this Project:
"During the performance of this contract, the Sponsor agrees to comply with
all federal and state nondiscrimination laws, regulations and policies."
April 15, 2002 - Page 7
General Provisions
SECTION 23. PROVISIONS APPLYING TO ACQUISITION PROJECTS
The following provisions shall be in force only if the Project described in this Agreement is for the
acquisition of interest in real property for outdoor recreation, habitat conservation, or salmon recovery
purposes:
A. Evidence of Land Value. Before disbursement of funds by the Office as provided under this
Agreement, the Sponsor agrees to supply evidence to the Office that the land acquisition cost has
been established per Funding Board policy.
B. Evidence of Title. The Sponsor agrees to show the type of ownership interest for the property that has
been acquired. This shall be done before any payment of financial assistance.
C. Deed of Right to Use Land for Public Purposes. The Sponsor agrees to execute an instrument or
instruments which contain:
1. The legal description of the property acquired under this Agreement;
2. A conveyance to the State of Washington of the right to use the described real property forever
for the purpose identified in the Agreement; and
3. A requirement to comply with applicable statutes, rules, and the Funding Board policies with
respect to conversion of use.
D. Assignment of Right. When acquiring a conservation easement, the Sponsor agrees to execute an
instrument or instruments that contain:
1. The legal description of the conservation easement acquired under this Agreement;
2. An assignment to the State of certain rights for access to and stewardship of the property covered
by the conservation easement;
3. Acknowledgement of the right of the Funding Board and the Office for enforcement of the
provisions of the conservation easement; and
4. A statement that the Sponsor will retain all responsibility for obligations under the terms of the
conservation easement.
E. Real Property Acquisition and Relocation Assistance
1. When federal funds are part of this Agreement, the Sponsor agrees to comply with the terms and
conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970,84 Stat. 1894 (1970)--Public Law 91-646, as amended by the Surface Transportation and
Uniform Relocation Assistance Act, PL 100-17-1987, and applicable regulations and procedures
of the federal agency implementing that Act.
2. When state funds are part of this Agreement, the Sponsor, if required by law, agrees to comply
with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition
Policy of the State of Washington, Chapter 8.26.010 RCW), and Chapter 468-100 WAC.
3. Housing and Relocation. In the event that housing and relocation costs, as required by federal
law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved
in the execution of this Project, the Sponsor agrees to provide any housing and relocation
assistance required.
SECTION 24. HAZARDOUS SUBSTANCES
A. Definition. "Hazardous substance," as defined in Chapter 70.1050.020 (7) RCW, means:
1. Any dangerous or extremely hazardous waste as defined in Chapter 70.105.010(5) and (6) RCW,
or any dangerous or extremely dangerous waste designated by rule pursuant to Chapter 70.105
RCW;
2. Any hazardous substance as defined in Chapter 70.105.010(14) RCW or any hazardous
substance as defined by rule pursuant to Chapter 70.105. RCW;
3. Any substance that, on March 1, 1989, is a hazardous substance under section 101 (14) of the
federal cleanup law, 42 U.S.C. Sec. 9601(14);
4. Petroleum or petroleum products; and
Apnl 15, 2002 - Page 8
General Provisions
5. Any substance or category of substances, including solid waste decomposition products,
determined by the director [or director's designee of the department of ecology] by rule to present
a threat to human health or the environment if released into the environment.
6. The term hazardous substance does not include any of the following when contained in an
underground storage tank from which there is not a release: Crude oil or any fraction thereof or
petroleum, if the tank is in compliance with all applicable federal, state, and local law.
B. Certification. The Sponsor shall inspect, investigate, and conduct an environmental audit of the
proposed acquisition site for the presence of hazardous substances and certify:
(1) No hazardous substances were found on the site, or
(2) Any hazardous substances found have been treated and/or disposed of in compliance with
applicable state and federal laws, and the site deemed "clean."
C. Responsibility. Nothing in this provision alters the Sponsor's duties and liabilities regarding hazardous
substances as set forth in Chapter 70.1050 RCW.
D. Hold Harmless. The Sponsor will defend, protect and hold harmless the Office and any and all of its
employees and/or agents, from and against any and all liability, cost (including but not limited to all
costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or
suits resulting from the presence of, or the release or threatened release of, hazardous substances
on the property being acquired.
SECTION 25. RESTRICTION ON CONVERSION OF FACILITY TO OTHER USES
The Sponsor shall not at any time convert any real property acquired or any facility developed pursuant to
this Agreement to uses other than those purposes for which assistance was originally approved, without
the approval of the Funding Board or Director, in compliance with applicable statutes, rules, and Funding
Board policies as identified in this Agreement. It is the intent of Funding Board's conversion policy that all
lands acquired and all lands developed with funding assistance from the Funding Board remain in the
public domain in perpetuity unless otherwise identified in the Agreement.
A. By Funding Board policy a conversion may occur under any of the following circumstances:
1 . Conveyance. Property interests are conveyed for purposes inconsistent with the intent of the
Agreement and the funding source.
2. Use. Non-eligible uses (public or private) are made of the Project area, or portion thereof.
3. Eligibility. Non-eligible facilities are developed within the Project area without prior approval of the
Funding Board or the Office.
4. Termination of Use/Non-Conformance. The property acquired or project developed no longer
meets or conforms to the intent of the Agreement or the funding source.
B. . Element Change. When approved by the Funding Board or Director, certain elements may be deleted
from the Agreement without invoking the requirement to replace the elements. Such deletions are
allowed when the Funding Board or Director determines that the elements are not needed or cannot
be retained due to one or more of the following conditions:
1 . Obsolescence
2. Extraordinary vandalism
3. Acts of Nature
4. Designed life expectancy reached
5. Fire
6. Property or property rights lost as a result of legal action
7. ICC National Trails System Act reversion order (National Trails System Act 8(d), 16 U.S.C. 9
1247(d); WAC 286-27-060(2)).
April 15, 2002 - Page 9
General Provisions
SECTION 26. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED
PROJECTS
Sponsors must ensure that properties or facilities assisted with Funding Board funds, including
undeveloped sites, are built, operated, used, and maintained:
A. According to applicable federal, state, and local laws and regulations, including public health
standards and building codes.
B. In a reasonably safe condition for the project's intended use.
C. Throughout its estimated life so as to prevent undue deterioration.
D. In compliance with all federal and state nondiscrimination laws, regulations and policies.
Facilities open to the public must:
E. Follow all state and federal accessibility guidelines.
F. Appear attractive and inviting to the public except for brief installation, construction, or maintenance
periods.
G. Be available for use at reasonable hours and times of the year, according to the type of area or
facility.
SECTION 27. INCOME AND INCOME USE
A. Income.
1. Compatible source. The source of any income generated in a Funding Board assisted Project or
project area must be compatible with the funding source and the Agreement.
2. Fees. User and/or other fees may be charged in connection with land acquired or facilities
developed with Funding Board grants if the fees are consistent with the:
(a) Value of any service(s) furnished;
(b) Value of any opportunity(ies) furnished; and
(c) Prevailing range of public fees in the state for the activity involved.
Excepted are Firearms and Archery Range Recreation Program safety classes (firearm and/or
hunter) for which a facility/range fee must not be charged (Chapter 79A.252.21 0 RCW).
B. Income use. Regardless of whether income or fees in a Funding Board-assisted area (including
entrance, utility corridor permit, cattle grazing, timber harvesting, farming, etc.) are gained during or
after the reimbursement period cited in the Agreement, unless precluded by state law, the revenue
may only be used to offset:
1 . the Sponsor's matching funds; and/or
2. the Project's total cost; and/or
3. the expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or
program assisted by the Funding Board grant; and/or
4. the expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar
units in the Sponsor's system; and/or
5. capital expenses for similar acquisition and/or development.
SECTION 28. PREFERENCES FOR RESIDENTS
Sponsors shall not express a preference for users of grant assisted projects on the basis of residence
(including preferential reservation, membership, and/or permit systems) except that reasonable
differences in admission and other fees may be maintained on the basis of residence. Even so, the
Funding Board discourages the imposition of differential fees. Fees for nonresidents must not exceed
twice the fee imposed on residents. Where there is no fee for residents but a fee is charged to
nonresidents, the nonresident fee shall not exceed the amount that would be imposed on residents at
comparable state or local public facilities.
April 15, 2002 - Page 10
General ProvIsions
SECTION 29. PROVISIONS RELATED TO NON-PROFIT OR NOT -FOR-PROFIT SPONSORS
A non-profit or not-for-profit organization sponsor shall:
A. Maintain a non-profit or not-for-profit status (including registering with the Washington Secretary of
State) throughout the Sponsor's obligation to the Project as identified in this Agreement.
B. Notify the Office prior to dissolution and within 30 days of dissolution the Sponsor shall name a
qualified successor that will agree in writing to assume anyon-going project responsibilities. A
qualified successor is any party eligible to apply for funds in the subject grant program and capable of
complying with the terms and conditions of this Agreement. The Office will process an amendment
transferring the Sponsor's obligation to the qualified successor.
C. Provide for operation and maintenance of the project. Should the Sponsor fail in this obligation for any
reason, the Project will be considered converted or a failed project, and be subject to all remedies
available to the Funding Board and the Office.
SECTION 30. LIABILITY INSURANCE REQUIREMENTS FOR FIREARM RANGE SPONSORS
A. The Sponsor 1 shall procure an endorsement, or other addition, to liability insurance it may currently
carry, or shall procure a new policy of liability insurance, in a total coverage amount the Sponsor
deems adequate to ensure it will have resources to pay successful claims of persons who may be
killed or injured, or suffer damage to property, while present at the range facility to which this grant is
related, or by reason of being in the vicinity of that facility; provided that the coverage shall be at least
one million dollars ($1,000,000) for the death of, or injury to, each person.
B. The liability insurance policy, including any endorsement or addition, shall name Washington State,
the Funding Board, and the Office as additional insureds and shall be in a form approved by the
Funding Board or Director.
C. The policy, endorsement or other addition, or a similar liability insurance policy meeting the
requirements of this section, shall be kept in force throughout the Sponsor's obligation to the Project
as identified in this Agreement.
D. The policy, as modified by any endorsement or other addition, shall provide that the issuing company
shall give written notice to the Office not less than thirty (30) calendar days in advance of any
cancellation of the policy by the insurer, and within ten (10) calendar days following any termination of
the policy by the Sponsor.
E. The requirement of Subsection A through D above shall not apply if the Sponsor is a federal, state,
or municipal government which has established a program of self-insurance or a policy of self-
insurance with respect to claims arising from its facilities or activities generally, including such
facilities as firearms or archery ranges, when the applicant declares and describes that program or
policy as a part of its application to the Funding Board.
F. By this requirement, the Funding Board and the Office does not assume any duty to any individual
person with respect to death, injury, or damage to property which that person may suffer while
present at, or in the vicinity of, the facility to which this grant relates. Any such person, or any other
person making claims based upon such death, injury, or damage, must look to the Sponsor, or
others, for any and all remedies that may be available by law.
SECTION 31. REQUIREMENTS OF THE NATIONAL PARK SERVICE
If the Project has been approved by the National Park Service, United States Department of the Interior,
for assistance from the Federal Land and Water Conservation Fund (LWCF), the Agreement General
Provisions in Section 660.3 Attachment B of the L&WCF Grants-in-Aid Manual as now existing or
hereafter amended are made part of this Agreement. and the Sponsor shall also abide by these
Agreement General Provisions. Further, the Sponsor agrees to provide the Office with reports or
documents needed to meet the requirements of the Agreement or Section 660.3 Attachment B of the
L&WCF Grants-in-Aid Manual.
, As used In this Section, Sponsor refers to Firearms Range Sponsors.
April 15, 2002 - Page 11
General Provisions
SECTION 32. ORDER OF PRECEDENCE
This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and
state laws. The provisions of the Agreement shall be construed to conform to those laws. In the event of
an inconsistency in the terms of this Agreement, or between its terms and any applicable statute, rule, or
policy or procedure, the inconsistency shall be resolved by giving precedence in the following order:
A. Applicable federal and/or state statutes, regulations, policies and procedures including applicable
federal Office of Management and Budget (OMB) circulars and federal and state executive orders;
B. Project Agreement including attachments;
C. Additional Provisions or Modifications of General Provisions;
D. General Provisions.
SECTION 33. AMENDMENTS
This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
SECTION 34. LIMITATION OF AUTHORITY
Only the Office or Office's delegate by writing (delegation to be made prior to action) shall have the
express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this
Agreement. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of
this Agreement is not effective or binding unless made in writing and signed by the Office.
SECTION 35. WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of
any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach
and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in
writing, signed by the Director, or the Director's designee, and attached to the original Agreement.
SECTION 36. APPLICATION REPRESENTATIONS -- MISREPRESENTATIONS OR INACCURACY
OR BREACH
The Funding Board and the Office rely upon the Sponsor's application in making its determinations as to
eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any
part of the application may be deemed a breach of this Agreement.
SECTION 37. TERMINATION AND OTHER REMEDIES
The Funding Board and the Office may require strict compliance by the Sponsor with the terms of this
Agreement including, but not limited to, the requirements of the applicable statutes, rules and Funding
Board policies which are incorporated into this Agreement, and with the representations of the Sponsor in
its application for a grant as finally approved by the Funding Board.
The Funding Board or the Director, may suspend, or may terminate, the obligation to provide funding to
the Sponsor under this Agreement:
A. In the event of any breach by the Sponsor of any of the Sponsor's obligations under this Agreement;
or
B. If the Sponsor fails to make progress satisfactory to the Funding Board or Director toward completion
of the Project by the completion date set out in this Agreement.
In the event this Agreement is terminated by the Funding Board or Director, under this section or any
other section after any portion of the grant amount has been paid to the Sponsor under this Agreement.
the Funding Board or Director may require that any amount paid be repaid to the Office for redeposit into
the account from which the funds were derived.
April 15. 2002 - Page 12
General ProvIsions
The Funding Board and the Office may enforce this Agreement by the remedy of specific performance,
which usually will mean completion of the Project as described in this Agreement. However, the remedy
of specific performance shall not be the sole or exclusive remedy available to the Office. No remedy
available to the Funding Board or the Office shall be deemed exclusive. The Funding Board or the Office
may elect to exercise any, any combination, or all of the remedies available to it under this Agreement, or
under any provision of law, common law, or equity.
SECTION 38. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Agreement, the Office may, by ten (10) days written notice,
beginning on the second day after the mailing, terminate this Agreement, in whole or in part. If this
Agreement is so terminated, the Office shall be liable only for payment required under the terms of this
Agreement for services rendered or goods delivered prior to the effective date of termination.
SECTION 39. DISPUTE HEARING
Except as may otherwise be provided in this Agreement, when a dispute arises between the Sponsor and
the Funding Board, which cannot be resolved, either party may request a dispute hearing according to the
process set out in this section. Either party's request for a dispute hearing must be in writing and clearly
state:
A. The disputed issues;
B. The relative positions of the parties;
C. The Sponsor's name, address, project title, and the assigned project number.
In order for this section to apply to the resolution of any specific dispute or disputes, the other party must
agree in writing that the procedure under this section shall be used to resolve those specific issues. The
dispute shall be heard by a panel of three persons consisting of one person chosen by the Sponsor, one
person chosen by the Director, and a third person chosen by the two persons initially appointed. If a third
person cannot be agreed upon, the third person shall be chosen by the Funding Board's Chair.
Any hearing under this section shall be informal, with the specific processes to be determined by the
disputes panel according to the nature and complexity of the issues involved. The process may be solely
based upon written material if the parties so agree. The disputes panel shall be governed by the
provisions of this Agreement in deciding the disputes.
The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that
panel shall be without the authority of either or both parties to perform, as necessary, or is otherwise
unlawful.
Request for a disputes hearing under this section by either party shall be delivered or mailed to the other
party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has
received notice of the action or position of the other party which it wishes to dispute. The written
agreement to use the process under this section for resolution of those issues shall be delivered or
mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving
party of the request. .
All costs associated with the implementation of this process shall be shared equally by the parties.
SECTION 40. ATTORNEYS' FEES
If either party brings litigation to enforce any term or condition of this Agreement, or as a result of this
Agreement, the prevailing party shall be awarded its reasonable attorneys' fees together with necessary
fees, expenses, and costs incurred for such litigation at both trial and appellate levels, as well as in
obtaining execution of judgment. The reasonableness of such costs and attorneys' fees shall be
determined by the court and not a jury.
April 15, 2002 - Page 13
General Provisions
SECTION 41. GOVERNING lAWNENUE
This Agreement shall be construed and interpreted in accordance with the laws of the State of
Washington. In the event of a lawsuit involving this Agreement, venue shall be proper only in Thurston
County Superior Court. The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the
courts of the State of Washington.
In the cases where this agreement is between the Funding Board and a federally recognized Indian tribe,
the following Governing LawNenue applies:
A. The State of Washington agrees that it shall initiate any lawsuit against a federally recognized Indian
tribe arising out of or relating to the performance, breach or enforcement of this agreement in Federal
Court. Interpretation shall be according to the law of the State of Washington. In the event that the
Federal Court determines that it lacks subject matter jurisdiction to resolve the dispute between the
State and Tribal Party, then the parties agree to venue in Thurston County Superior Court, but the
parties agree that the matter shall not be pursued in superior court unless there is a Federal Court
determination that it lacks subject matter jurisdiction.
B. Any judicial award, determination, order, decree or other relief, whether in law or equity or otherwise,
resulting from the action shall be binding and enforceable upon the parties. Any money judgment or
award against the Tribe, tribal officers and members, or the State of Washington and its officers and
employees may not exceed the amount provided for in Section F- Project Funding of the Agreement.
C. The Tribe hereby waives its sovereign immunity as necessary to give effect to this section, and the
State of Washington has waived its immunity to suit in state court. These waivers are only for the
benefit of the Tribe and State and shall not be enforceable by any third party or by any assignee or
delegate of the parties. In any enforcement action, the parties shall bear their own enforcement costs,
including attorneys' fees.
SECTION 42. SEVERABILITY
The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the
Agreement.
(:1(J ;:;;0;: ,:::-09il'
VV!\ q8(:C),~,-()g!?
f(:r~7~"",
"",\ -,+,~..,h 0.~
l<."~;~W~-'-'~+~I.:""
i' ,- ttlt, ~ ) f~
'~""l!I( !Ii"-'
~~tso'
(Z60) ~~h,):2'.3000
-t-fY (360) 90;~- -i 9(}3
F:~)x: (360) 902..302G
i~,f};~t:~i~~~~}(';~~~:b~3!? ~~i~j i ng
::OTAfT: 0[; \fVP\.Sf"W\!G'ror\l
E-nlaif: into@(':::o.\/i'8..0QV
\^!eb site: v'/V{y\/.;'co.v..rc."7..g0\1
ilEcm::AT!Oi'~ /\1\1D CO!\jSEJi\f.ATiON OF::FiCE::
October 1, 2007
Tom Knuckey
City of Bremerton
3027 Olympus Drive
Bremerton, WA 98310-4799
RE: Evergreen Park Expansion/Shoreline Restoration, RCO #06-1799D
Dear Mr, Knuckey:
Congratulations on your successful application for the Evergreen Park Expansion/Shoreline Restoration
project. Your project is administered by the Recreation and Conservation Funding Board (RCFB), Enclosed
are two original sets of project agreement materials. Each set contains the Project Agreement, Milestone
Report, Eligible Reimbursement Activities Report, and an Invoice Voucher. Also enclosed are policy
manuals for reference as you implement your project and seek reimbursement. After reviewing your Project
Agreement materials, please have the appropriate person sign each Project Agreement and return one
signed original. Once the Project Agreement is signed and returned, the Evergreen Park
Expansion/Shoreline Restoration project can commence.
Prompt implementation and completion of yoLJr project is extremely important and will ensure the continuing
success and credibility of the Aquatic Lands Enhancement Acct by demonstrating effective results to
citizens and policy makers.
We encourage you to offer appropriate media opportunities to help build public awareness of the project's
purposes and benefits. Acknowledging the assistance provided by this grant program helps increase the
public's understanding of the value the funding provides to communities. Please notify your RCFB project
manager of any event celebrating your project's beginning or completion.
As always, staff is available to answer questions that may arise during project implementation. If you need
assistance, please contact Kim Sellers at (360) 902-3082 or KimS@rco.wa.gov.
Thank you again for helping make this valuable investment in Washington State's recreation, conservation,
and natural resources.
Sincerely,
~) t'
t /", ". ,/' ('\, / , .
, \J ,'" " 'I, ,'y ':' ',6 ~ '~I .,' !
' -:(f~ 1.0t: i:i.. t(_ \"_ ',) C (~i ;k"t( '---.
, )
Rachael Langen
Deputy Director
Enclosures
..\"(::2',:<:1: ;-:.i C~O:-rf:er\i(~:~:i':Jn l::urfdj~~,g F:)o,~)rd ( ::.>';';;'~~'~l!-~
;:3c:,:::n:' (;, vV2sl-ill.~GlC:: Ei:.)
Cuuflci~
AGRECVR.~"~T~:.;~~"<,:...,-:::,(! :n\.'.?~::;\!c: Spc:cle2 CQunc;[ ,; ~--:)l~:__:\';'" c;~)
S(;~~'l~,~.ii'l
2Tl0 VJ;:-'~J(:;r:3j ',(::C'; ;-~l:;ai: h
ALEA Project Agreement
Aquatic Lands Enhancement Acct
Project Sponsor:
Project Title:
City of Bremerton
Evergreen Park Expansion/Shoreline Restoration
Project Number: 06-17990
Approval Date: 6/7/2007
A. PARTIES OF THE AGREEMENT
This Project Grant Agreement (Agreement) is entered into between the Recreation and Conservation Funding Board
(RCFB), P.O. Box 40917, Olympia, Washington 98504-0917 and City of Bremerton, 345 6th St Ste 600, Bremerton,
WA 98337 (Sponsor) and shall be binding upon the agents and all persons acting by or through the parties.
B. PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the Aquatic lands Enhancement
Acct of the State of Washington's General Fund. The grant is administered by the RCFB to the Sponsor for the
project named above.
C. DESCRIPTION OF PROJECT
The subject Project is described on the attached Project Summary.
D. TERM OF AGREEMENT
The Project Sponsor's on-going obligation for the above project is perpetual unless otherwise identified in this
Agreement.
E. PERIOD OF PERFORMANCE
The Project reimbursement period shall begin on October 8,2007 and end on June 30,2010. No expenditure made
before or after this period is eligible for reimbursement unless incorporated by written amendment into this
Agreement.
F. PROJECT FUNDING
The total grant award provided by the RCFB for this project shall not exceed $500,000.00. The RCFB shall not pay
any amount beyond that approved for funding of the project. The Sponsor shall be responsible for all total project
costs that exceed this amount. The contribution by the Sponsor toward work on this project at a minimum shall be as
indicated below:
RCFS - Aquatic Lands Enhancement Acct
Percentage
42.64%
57.36%
100.00%
Dollar Amount
Project Sponsor
Total Project Cost
$500,000.00
$672,685.00
$1,172,685.00
G. RIGHTS AND OBLlGA TlONS
All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments, including
the Sponsor's Application, Project Summary, Eligible Reimbursement Activities Report, Project Milestones, and the
General Provisions, all of which are attached hereto and incorporated herein.
Except as provided herein, no alteration of any of the terms or conditions of this Agreement will be effective unless
provided in writing. All such alterations, except those concerning the period of performance, must be signed by both
parties. Period of performance extensions need only be signed by RCO's Director.
The Sponsor has read, fully understands and agrees to be bound by all terms and conditions as set forth in these
documents.
H. COMPLIANCE WITH APPLICABLE STA TUTES. RULES. AND RCO POLICIES
This Agreement is governed by, and the Sponsor shall comply with, all applicable state and federal laws and
regulations, including Chapter 79.24.580 RCW, Chapter 286 WAC and published agency policies, which are
incorporated herein by this reference as if fully set forth.
AlEA Project A~reement
Chapter 79.24.580 RCW, Chapter 286 WAC
PROJAGR.RPT
Aquatic lands Enhancement Acct
Page 1 of 2
I. ADDITIONAL PROVISIONS OR MODIFICA TlONS OF THE GENERAL PROVISIONS
1. On July 1, 2007, the name of the Interagency Committee for Outdoor Recreation changed to the
Recreation and Conservation Funding Board and the office name changed to the Recreation and
Conservation Office. The General Provisions of the Project Agreement do not reflect this change. To
allow immediate implementation of this project, the existing provisions are hereby incorporated into the
agreement. All references to the Board refer to the Recreation and Conservation Funding Board.
References to the Office refer the Recreation and Conservation Office.
2. Before reimbursement of any development related expenses, the sponsor must comply with Governor's
Executive Order 05-05 regarding Archaeological and Cultural Resources for the scope of work
approved in this Project Agreement. The Recreation and Conservation Office will issue a notice to
proceed when appropriate documentation has been received.
In the event that archaeological or historic materials are discovered during project activities, work in the
immediate vicinity must stop; the area must be secured, and the Sponsor must notify the concerned
tribe's cultural staff and cultural committee, the Recreation and Conservation Office, and Department of
Archaeology and Historic Preservation.
3. Documentation of a DNR Lease Agreement and a Lease Agreement for use of private property at the
proposed 5th Street Landing are required prior to reimbursement for any expenses.
J. FEDERAL FUND INFORMA TlON
(none)
K. PROJECT GRANT AGREEMENT REPRESENTA TlVE
All written communications sent to the Sponsor under this Agreement will be addressed and delivered to:
Proiect Contact
Name: Tom Knuckey
Title: Managing Engineer
Address: 3027 Olympus Drive
Bremerton, WA 98310-4799
ReFS
Recreation and Conservation Office
Natural Resources Building
PO Box 40917
Olympia, Washington 98504-0917
WINW. rco. wa.gov/rcfb/
These addresses shall be effective until receipt by one party from the other of a written notice of any change.
L. ENTIRE AGREEMENT
This agreement, along with all attachments, constitutes the entire agreement of the parties. No other understandings,
oral or otherwise, regarding this Agreement shall exist or bind any of the parties.
M. EFFECTIVE DA TE
This agreement, for project #06-1799D, shall be effective upon signing by all parties.
STATE OF WASHINGTON
RECREATION AND CONSERVATION OFFICE
BVG{.:LdlL'tJ1 CJfw~~
Rachael Langen,' eputy Director
DATE:
I ''it{ I v?
:.:.:.:.:.:.: ~i{E.1.JECT SPONSOR
::<<~i:BV
. . . . .. ....
. LE:
. . . . .. ....
. . . .. ...
. . . . . . . . . .
. . . . . . . . .
.. . . .. .. . . .. . ..
.. . . .. .. . .. .. .
. .. . .. .. . . . . ..
. .. .. . .. .. . .. .
DATE:
Pre-approved as to form:
BY: /S/
Assistant Attorney General
ALEA Project Aqreement
Chapter 79.24.580 RCW, Chapter 286 WAC
PROJAGRRPT
Aquatic Lands Enhancement Acct
Page 2 of 2
I !:. e I fllter./~cncy
.. I DUTDOORf for
I~: RECREATION
Aquatic lands Enhancement Acct
Post-Evaluation Project Summary
TITLE:
Evergreen Park Expansion/Shoreline Restoratio
NUMBER:
STATUS:
06-17990
Board Funded
( Development)
SPONSOR:
City of Bremerton
EVALUATION SCORE:
BOARD RANKING:
50.5455
COSTS:
Aquatic Lands Enhancement Ace
Local
$500,000
$672,685
43%
57%
SPONSOR MATCH:
Appropriation \ Cash
Force Acct - Labor
Grant - State RCO
100%
Total
$1,172,685
DESCRIPTION:
Bremerton will use this grant to restore and expand Evergreen Park, the city's premier park. The city recently
acquired property to expand the park but the public can't use it because it's cluttered with large pieces of concrete,
re-bar, rip-rap, debris, creosote pilings and a dilapidated pier. Bremerton will use the grants to restore .75 mile of
shoreline on the southeastern border of Smith Cove and along the west side of the Port Washington Narrows. The
City also will create a beach to provide much-needed beach and water access, expanding the park by 1.56 acres.
The grant also will provide interpretive signs describing marine wildlife and local history, completing park
development.
LOCATION INFORMATION:
Near downtown Bremerton along the Washington Narrows.
COUNTY:
Kitsap
SCOPE (ELEMENTS):
Architectural & Engineering
Cultural Resources .
Estuarine/Marine Nearshore
Landscaping
Lighting
Park Furniture
Parking
Permits
Roads
Sales Tax
Shelters
Signing
Site Preparation
Trails
Utilities
Water Access Facilities
ANTICIPATED ACREAGE:
ACREAGE TYPE
Tidelands
Uplands
Acres To
Be Acquired
Acres To
Be Dev/Restored
1.03
1.56
Acres To
Be Renovated
FISCAL YEAR:
2008
DATE PRINTED:
October 2, 2007
1 PAPSUM1.RPT
Evergreen Park Expansion/Shoreline Restoration
I illl",,,m"
I oUTDooR' jOr Eligible Reimbursement Activities Report
I~~I RECREAilON
Project Sponsor: City of Bremerton Project Number: 06-1799 D
Project Title: Evergreen Park Expansion/Shoreline Restoration Approval: 6/7/2007
Development Items:
Worksite Element Item Unit Quantity Description
#1, Bremerton Boardwalk A & E development Architectural & Engineeril Lump Sum 1.00
#1, Bremerton Boardwalk Cultural resource survey Cultural Resources Optional 1.00 Cultural resources
survey
#1, Bremerton Boardwalk On-site monitoring Cultural Resources Lump sum 1.00 Monitoring activity
#1 , Bremerton Boardwalk Shoreline restoration Estuarine/Marine Nearsh( Linear ft 3,900.00 Rip-rap, rubble and
debris removal, shoreline
restoration
#1, Bremerton Boardwalk Shoreline restoration Estuarine/Marine Nearsh( Linear ft 1.00 Pier, piling and dolphin
removal
#1, Bremerton Boardwalk Grass - sod Landscaping Acres 1.00
#1, Bremerton Boardwalk Irrigation Landscaping Acres 1.00 Automatic for turf and
plantings
#1, Bremerton Boardwalk Top soil/mulch Landscaping Yds 4,100.00
#1, Bremerton Boardwalk Trees/shrubs Landscaping Lump sum 1.00 Similar plantings to
Evergreen Park
#1, Bremerton Boardwalk Lighting - other Lighting Lump sum 1.00 Pathway lighting - same
as Evergreen Park
#1, Bremerton Boardwalk Parking and roads Lighting Lump sum 1.00 Same lighting design as
Evergreen Park
#1, Bremerton Boardwalk Benches Park Furniture Each 6.00 Consistent with
Evergreen Park
#1, Bremerton Boardwalk Bike racks Park Furniture Each 1.00 Game Time Model #707
or similar, 5-foot
galvanized
#1, Bremerton Boardwalk Trash receptacles Park Furniture Each 4.00 Vandal resistant. City
standard.
#1, Bremerton Boardwalk Parking - asphaltic concrete Parking Spaces 20.00 20 parking spaces, 4 will
be ADA accessible
#1, Bremerton Boardwalk Striping Parking Lump sum 1.00
#1, Bremerton Boardwalk Wheel stops Parking Each 20.00 6-foot
#1, Bremerton Boardwalk Permits Permits Lump sum 1.00
#1, Bremerton Boardwalk Curbs Roads Linear Ft 300.00
#1, Bremerton Boardwalk Roads - asphaltic concrete Roads Linear Ft 800.00 500 feet at 12' wide, 300
feet at 24' wide
#1, Bremerton Boardwalk Sales Tax Sales Tax Lump Sum 1.00
#1, Bremerton Boardwalk Kiosk Shelters Each 1.00 225 square feet
#1, Bremerton Boardwalk General park signs Signing Lump sum 1.00
#1, Bremerton Boardwalk Interpretive signs Signing Each 8.00 Local wildlife and history
#1, Bremerton Boardwalk Kiosk signs Signing Lump sum 1.00
#1, Bremerton Boardwalk Demolition Site Preparation Lump sum 1.00 Demolition of Plumbers
and Steamfitters Union
Building
#1 , Bremerton Boardwalk Erosion control Site Preparation Lump sum 1.00 Temporary erosion
control during
construction
#1, Bremerton Boardwalk Grading Site Preparation Acres 1.25 Includes concrete pad
removal & demo of small
structure
#1, Bremerton Boardwalk Grubbing Site Preparation Acres 1.00 Remove existing
blackberries, weeds and
scotch broom
#1, Bremerton Boardwalk Mobilization Site Preparation Lump sum 1.00
#1, Bremerton Boardwalk Sidewalks Trails Linear Ft 290.00 10' wide
#1, Bremerton Boardwalk Electric transformers/panels Utilities Lump sum 1.00 Transformer vault,
conduit, wiring, etc.
#1, Bremerton Boardwalk Surface drainage Utilities Lump sum 1.00 Same as Evergreen Pk,
existing sewer under
adjacent parcel
ELlGREIM.RPT October 2, 2007 Page:
I j ~ " I !mrmgmcy
I -j I OUiDO~Re for
k~i RECREATION
#1, Bremerton Boardwalk
ELlGREIM.RPT
Eligible Reimbursement Activities Report
Beach
Water Access Facilities Lump sum
October 2,2007
1.00 Create sandy beach area
for kayak landing and
beach combing
Page:
2
I A/if; I flllem['.eJlcy
I ~ I OUTDOOR" for
~~I RECRERTION
Milestone Report By Project
Project Number:
Project Name:
Sponsor:
Project Manager:
06-1799 D
Evergreen Park Expansion/Shoreline Restoration
Bremerton City of
Kim Sellers
" _ . ~ j ^ :Jo
X I' 1', ' , ~' ., ; .. " 'Milestone~ ^ .' , " ," . Target Date' .. "CommEmts/Descriplion ,':'
X I RFP Complete/Consultant Hired 04/01/2006
Project Start 10/08/2007
! Special Conditions Met 05/30/2008 Documentation of a DNR Lease
Agreement and a Lease Agreement for
use of private property at the proposed
5th Street Landing are required,
A&E Complete/Permits Submitted 06/30/2008
! Special Conditions Met 06/30/2008 Demonstrate ompliance with EO 05-05.
Cultural Resources Survey Required
per DAH P
Annual Project Billing 07/31/2008
Plans/Specs Reviewed Mgmt Agy 08/31/2008
Bid Awarded 03/31/2009
I Construction Started 07/31/2009
Annual Project Billing 07/31/2009
Proposed Completion Date 10/31/2009
I Project Complete 06/30/2010
Annual Project Billing 07/31/2010
Final Docs/Billing to Mgmt Agy 09/30/2010
X = Milestone Complete
! = Critical Milestone
-i~"1I CCTf"'\ DDT
nrt"hpr n~ ?nn7
P::Jnp.'
Agency Name
FORM A-19 State of Washington
INVOICE VOUCHER
RECREATION AND CONSERVATION OFFICE
Recreation and Conservation Office
P.O. Box40917
Olympia, WA 98504-0917
Sponsor's Certificate. 'I hereby certify under penalty of perjury that the items
and totals listed herein are proper charges for materials, merchandise or
services furnished to the State of Washington, and that all goods furnished
and/or services rendered have been provided without discrimination because
of age, sex, marital status, race, creed, color, national origin, handicap,
religion or Vietnam era or disabled veterans status.
Sponsor
City of Bremerton
Finance
345 6th St Ste 600
Bremerton, WA 98337
BY
(TITLE)
(DATE)
Project Number
Project Name
06-1799 D
Evergreen Park Expansion/Shoreline R
l~~~'
Billing Period
To:
This is a Final Billing?
Yes [] No [ ]
Development Total
$994,780.00
$177,905.00
$1,172,685.00
$1,172,685.00
A&E
FUNDING & EXPENDITURE FORMULA
For ReO Use ONLY
Sponsor:
RCO Federal:
RCO: ALEA
57.36%
$672,685.00
Total Billed
Share Billed
Share Approved
Advance Balance
Match Owed Balance
Share Retained
Share Paid
Match Bank
42.64%
$500,000.00
Agreement T ota!:
100.00%
$1,172,685.00
06-1799 0
210
02R
104
95000
,.,r ;]J:f[ti#J!H~:~~f,g~~~~Ym~6~~~\,
Release Final Pmt [] Division SupervisorlDate
Accounting/Date
1INVOICE.RPT
10/2/2007
Current Funding
General Provisions
Table of Contents
Page
A. Heading and Definitions
Section 1 . Headings and Definitions....................... ............... ...................... ................... ..... ....1
B. Performance and Requirements (General Responsibilities)
Section 2. Performance by Sponsor :............................................... ....... ......................... ... .....2
Section 3. Assignment........... .......... .......... ......... ....... ........ ..................... ..................................2
Section 4. Responsibility for Project ................................................ ....... .................................2
Section 5. Indemnification ......................... ............ ..... ............ ............................................ .....2
Section 6. Independent Capacity of the Sponsor ....................................................................2
Section 7. Conflict of Interest.............. .......... ....... ........ ........... ......................... ............. ........ ...2
Section 8. Acknowledgment and Signs.. ............... ....... .......... .............. ..................... .............. 3
C. Compliance with Laws, Records, and Inspections
Section 9. Compliance with Applicable Law ...........................................................................3
Section 10. Records Maintenance......................... ........................... ..................... .............. :.....4
Section 11. Access to Dat,a ............... ......................;..................... ............ .......... ........... .... .......4 .
Section 12. Treatment of Assets.................................. ........... ................. .................................4
Section 13. Right of Inspection .......................... ........... ......;....................................... ...............4
Section 14. Stewardship and Monitoring ...... .............................. .... ...... .............................. ....... 5
Section 15. Debarment Certification.................................................... ..,...................... .....:....... 5
D. Funding, Reimbursements
Section 16. Project Funding ................ ...... .......................... .......................... .................. .......... 5
Section 17. Project Reimbursements. .......... ................................................................ ........ ..... 5
Section 18. Advance Payments..... ............... ................... ....... ..................... .............................. 5
Section 19. Non-availability of Funds ... ..................... .... ...................... ........................ ..............6
Section 20. Recovery of Payments...... '" .................... ........ ..... .............. ................................... 6
Section 21. Covenant Against Contingent Fees........................................................................6
E. Acquisition and/or DeveJopmenflRestoration
Section 22. Provisions Applying to Development/Restoration Projects ....................................6
Section 23. Provisions Applying to Acquisition Projects............................................................7
Section 24. Hazardous Substances ..............,..... ............. ........ ....... ......... ............ ..................... 7
F. Facility Uses and Fees
Section 25. Restriction on Conversion of Facility to Other Uses...............................................8
Section 26. Construction, Operation, Use and Maintenance of Assisted Projects ...................9
Section 27. Income and Income Use.............................................. ........ ...................................9
Section 28. Preferences for Residents.. ................... ......... ................. ................. ......................9
G. Special Provisions
Section 29.
Section 30.
Section 31.
Provisions Related to Non-Profit or Not-For-Profit Sponsors ......................... ......1 0
Liability Insurance Requirements for Firearm Range Sponsors...........................10
Requirements of the National Park Service .........................................................10
H. Remedies and Disputes
Section 32. Order of Precedence ............................................................................................11
Section 33. Amendments ............:......................... ...... ............................................................11
Section 34. Limitation of Authority .... .................................... ................................ .......... ..........11
Section 35. Waiver of Default...................................... ........................................... .................11
Section 36. Application Representations-Misrepresentations or Inaccuracy or Breach .......11
Section 37. Tennination and Other Remedies .......................................................................11
Section 38. Tennination for Convenience ...... ...... .... ................................ ..... ...... .......... ......... .12
Section 39. Dispute Hearing............................................................................. ........... .... ........12
Section 40. Attorneys' Fees................................................ ........ .............................................12
Section 41 . Governing LawN enue ...................... ....................... ................. .............................13
Section 42. Severability...... ..................... ................................. ...... ................. ......... ................13
April 15, 2002 - Page 1
General Provisions
SECTION 1. HEADINGS AND DEFINITIONS
A. Headings used in this Agreement are for reference purposes only and shall not be considered a
substantive part of this Agreement. lv
B. Definitions. As used throughout this Agreement, the following terms shall have the meaning set
forth below:
ACQuisition - The gaining of rights of public ownership by purchase, negotiation, or other means, of
fee or less than fee interests in real property.
Aoreement - The accord accepted by all parties to the present transaction; the Agreement,
supplemental agreement, intergovernmental agreement, monitoring plan, and/or a landowner
agreement between the Funding Board and a Sponsor.
Applicant - Any agency or organization that meets the qualifying standards, including deadlines, for
submission of an application soliciting a grant of funds from the Funding Board.
Application - The forms and support documents approved by the Funding Board or its Director for
use by applicants in soliciting project funds administered by the Office.
Asset - Equipment purchased by the Sponsor or acquired or transferred to the Sponsor for the
purpose of this Agreement. This definition is restricted to non-fixed assets, such as vehicles,
computers or machinery.
Contractor - shall mean one not in the employment of the Sponsor who is performing all or part of
the eligible activities for this projects under a separate Agreement with the Sponsor. The term
"Contractor" and "Contractors" means Contractor(s) in any tier.
Development/Restoration - The construction, renovation, redevelopment, or installation of facilities
to provide for outdoor recreation or natural resources.
Director - The Office Director or the Director's designee.
Fundina Board - As identified in Paragraph A in the Agreement as either the (1) Interagency
Committee for Outdoor Recreation (lAC) - The committee created under Chapter 79A.25.11 0 RCW
includes eight members. Three are agency heads: the Commissioner of Public Lands, the Director
of Parks and Recreation, arid the Director of Fish and Wildlife (or their designees). Five, by
appointment of the Governor with the advice and consent of the Senate, are members of the public
at large who have demonstrated interest in and a general knowledge of outdoor recreation in the
state; (2) Salmon Recovery Funding Soard (SRFB) - The Board created under Chapter 77.85.110
RCW, is comprised of five governor-appointed voting members (one a cabinet-level appointment)
and five non~voting state officials: the Commissioner of Public Lands, the Secretary of
Transportation, the Director of the Conservation Commission, the Director of Fish and WildUfe, and
the Director of Ecology (or their designees); or (3) Hatchery Scientific Review Group (HSRG) - The
independent Board established by Congress to ensure hatchery reform programs in Puget Sound
and Coastal Washington are scientifically founded and evaluated.
Office - Office of the Interaaencv Committee - The Office provides support to the lAC, SRFB, and
HSRG. The Office includes the Director and personnel, created by Chapters 79A.25.11 0 and
79A.25.150 RCW and charged with administering this Agreement by Chapters 77.85.110 and
79A.25.240 RCW.
Landowner Aoreement - A landowner agreement is required between a Sponsor and landowner for
projects located on land not owned, or otherwise controlled, by the Sponsor for salmon recovery
projects.
Milestone -Important date(s) tracked in the Agreement for monitoring the Project status.
Period of Performance - The time period specified in the Agreement, under Section E, Period of
Performance.
Post Evaluation Summary - One of the documents used to summarize and describe the actions
untaken in the Agreement.
Proiect - The undertaking that is the subject of this Agreement and that is, or may be. funded in
whole or in part with funds administered by the Office on behalf of the Funding Board.
Sponsor - The applicant who has been awarded a grant of funds and is bound by this executed
Agreement; includes its officers, employees and agents.
April 15, 2002 - Page 2
General Provisions
SECTION 2. PERFORMANCE BY THE SPONSOR
The Sponsor shall undertake the Project as described in this Agreement, Post Evaluation Summary, the
Sponsor's application, and in accordance with the Sponsor's proposed goals and objectives described in
the application or documents submitted with the application, all as finally approved by the Funding Board.
All submitted documents are incorporated by this reference as if fully set forth herein. The Order of
Precedence is covered in Section 26. .
Timely completion of the Project is important. Failure to do so, as set out in this Agreement, is a material
breach of the Agreement.
SECTION 3. ASSIGNMENT
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
the Sponsor without prior written consent of the Funding Board.
SECTION 4. RESPONSIBILITY FOR PROJECT
While the Funding Board undertakes to assist the Sponsor with the Project by providing a grant pursuant
to this Agreement, the Project itself remains the sole responsibility of the Sponsor. The Funding Board
undertakes no responsibilities to the Sponsor, or to any third party, other than as isexpressly set out in
this Agreement. The responsibility for the implementation of the Project, as those phases are applicable
to this Project, is solely that of the Sponsor, as is responsibility for any claim or suit of any nature by any
third party related in any way to the Project.
SECTION 5. INDEMNIFICATION
To the fullest extent permitted by the law, the Sponsor expressly agrees to and shall indemnify, defend
and hold harmless the State and its agencies, officials, agents and employees from and against all
claims, actions, costs, damages, or expenses of any nature arising out of or incident to the Sponsor's or
any Contractor's performance or failure to perform the Agreement. Sponsor's obligation to indemnify,
defend and hold harmless also includes any claim by Sponsor's agents, employees, representatives or
any Contractor or its employees. Sponsor's obligation to defend includes payment of any costs or
attorneys' fees. Sponsor's obligation shall not include such claims that may be caused by the sole
negligence of the State and .its agencies, officials, agents, and employees. If the claims or damages are
caused by or result from the concurrent negligence of (a) the State, its agents or employees and (b) the
Sponsor, its Contractors; agents, or employees, this indemnity provision shall be valid and enforceable
only to the extent of the negligence of the Sponsor or its Contractors, agents, or employees. The Sponsor
expressly agrees to waive his/her immunity under Title 51 RCW to the extent required to indemnify,
defend, and hold harmless the State and its agencies~ officials, agents or employees.
SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR
The Sponsor and its employees or agents performing under this Agreement are not employees or agents
of the Funding Board or the Office. The Sponsor will not hold itself out as nor claim to be an officer or
employee of the Office or of the state of Washington by reason hereof, nor will the Sponsor make any
claim of right, privilege or benefit which would accrue to an employee under Chapters 41.06 or 28B.16
RCW.
The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of
any kind required by federal, state. and/or local laws.
SECTION 7. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the Office may, in its
sole discretion, by written notice to the Sponsor terminate this Agreement if it is found after due notice
and examination by the Office that there is a violation of the Ethics in Public Service Act, Chapter 42.52
RCW; or any similar statute involving the Sponsor in the procurement of, or performance under this
Agreement. In the event this Agreement is terminated as provided above, the Office shall be entitled to
pursue the same remedies against the Sponsor as. it could pursue in the event of a breach of the
April 15, 2002 - Page 3
General Provisions
Agreement by the Sponsor. The rights and remedies of the Office provided for in this clause shall not be
exclusive and are in addition to any other rights and remedies provided by law. The existence of facts
upon which the Office makes any determination under this clause shall be an issue and may be reviewed
as provided in the "Disputes Hearing" clause of this Agreement.
In the event this Agreement is terminated as provided above, the Funding Board or the Office shall be
entitled to pursue the same remedies against the Sponsor as it could pursue in the event of a breach of
the Agreement by the Sponsor. The rights and remedies of the Funding Board or the Office provided for
in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law.
The existence of facts upon which the Funding Board or the Office makes any determination under this
clause may be reviewed as provided in the "Disputes" clause of this Agreement.
SECTION 8. ACKNOWLEDGMENT AND SIGNS
A. Publications. The Sponsor shall include language which acknowledges the funding contribution of the
program to this Project in any release or other publication developed or modified for, or referring to,
the Project.
B. Signs. The Sponsor also shall post signs or other- appropriate media at Project entrances and other
locations on the Project which acknowledge the program's funding contribution, unless exempted in
Funding Board policy or waived by the Director.
C. Ceremonies. The Sponsor shall notify the Office no later than two weeks before a dedication
ceremony for this Project. The Sponsor shall verbally acknowledge the program's funding contribution
at all dedication ceremonies.
D. Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid
solicitations, and other documents describing a project funded in whole or in part with federal money
provided for in this grant, Sponsors shall clearly state:
1. The percentage of the total costs of the Project that is financed With federal money;
2. The dollar amount of federal funds for the Project; and
3. The percentage and dollar amount of the total costs of the Project that is financed by
nongovernmental sources.
SECTION 9. COMPLIANCE WITH APPLICABLE LAW
, The Sponsor will implement the Agreement in accordance with applicable federal, state, and local laws
and regulations.
The Sponsor shall comply with, and the Office is not responsible for determining compliance with, any
and all applicable federal, state, and local laws, regulations,- and/or policies, including, but not limited to,
State Environmental Policy Act; Industrial Insurance Coverage; Architectural Barriers Act; permits
__(shoreline, Hydraulics Project Approval, demolition); land use regulations (comprehensive areas
ordinances, Growth Management Act); federal and state safety and health regulations (Occupational
Safety and Health Administration/Washington Industrial Safety and Health Act); and Buy American Act.
The Sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or
policies, including but not limited to, the Americans with Disabilities Act; Civil Rights Act; and the Age
Discrimination Act. In the event of the Sponsor's noncompliance or refusal to comply with any
nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or "in
part, and the Sponsor may be declared ineligible for further grant awards from the Funding Board. The
. Sponsor is responsible for any and all costs or liability arising from the Sponsor's failure to so comply with
applicable law.
No part of any funds provided under this grant shall be used, other than for normal and recognized
executive-legislative relationships, for publicity or propaganda purposes, or for the preparation,
distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation
designed to support or defeat legislation pending before the U.S. Congress or any state legislature.
April 15, 2002 - Page 4
General Provisions
No part of any funds provided under this grant shall be used to pay the salary or expenses of any
Sponsor, or agent acting for such Sponsor, related to any activity designed to influence legislation or
appropriations pending before the U.S. Congress or any state legislature.
For habitat restoration projects funded in part or whole with National Marine Fisheries Service funding,
Sponsor shall not commence with clearing of riparian trees or in-water work unless and until an ESA
consultation is completed and delivered by National Marine Fisheries Service to the Sponsor. Violation of
this paragraph shall not be the basis for any enforcement responsibility by the lAC.
SECTION 10. RECORDS MAINTENANCE
The Sponsor shall maintain books, records, documents, data and other evidence relating to this
Agreement and performance of the services described herein, including but not limited to accounting
procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this Agreement. Sponsor shall retain such records for a period of six
years following th~ date of final payment. At no additional cost, these records, including materials
generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by
the Office, personnel duly authorized by the Office, the Office of the State Auditor, and federal and state
officials so authorized by law, regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall
be retained until all litigation, claims, or audit findings involving the records have been resolved.
SECTION 11. ACCESS TO DATA
In compliance with chapter 39.29 RCW, the Sponsor shall provide access to data generated under this
Agreement to the Office, the Joint Legislative Audit and Review Committee, and the State Auditor at no
additional cost. This includes access to all information that supports the findings, conclusions, and
recommendations of the Sponsor's reports, including computer models and methodology for those
models.
SECTION 12. TREATMENT OF ASSETS
A. Assets shall remain in the possession of the Sponsor for the duration of the project or program. When
the Sponsor discontinues use of the asset{s) for the purpose for which it was funded, the Office will
require the Sponsor deliver the asset{s) to the Office, dispose of the asset according to agency
policies, or return the fair market value of the asset{s) to the Office. Assets shall be used only for the
purpose of this Agreement, unless otherwise provided herein or approved by the Office in writing.
B. The Sponsor shall be responsible for any loss or damage to assets which results from the negligence
of the Sponsor or which results from the failure on the part of the Sponsor to maintain and administer
that property in accordance with sound management practices.
SECTION 13. RIGHT OF INSPECTION
The Sponsor shall provide right of access to its facilities to the Office, or any of its officers, or to any other
authorized agent or official of the state of Washington or the federal government, at all reasonable times,
in order to monitor and evaluate performance, compliance, and/or quality assurance under this
Agreement.
If a Landowner Agreement has been executed, it may further stipulate and define the Funding Board and
the Office's right to inspect and access lands acquired or developed with Funding Board assistance.
April 15, 2002 - Page 5
General Provisions
SECTION 14. STEWARDSHIP AND MONITORING
Sponsor agrees to perform monitoring and stewardship functions as stated in the monitoring and
stewardship plans as approved by the Funding Board or the Office. Sponsor further agrees to utilize, '
where applicable and financially feasible, any monitoring protocols recommended by the Funding Board.
SECTION 15. DEBARMENT CERTIFICATION
The Sponsor certifies it is not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in this Agreement by any Federal department or
agency. If requested by the Office, the 'Sponsor shall complete a Certification Regarding Debarment,
Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the Sponsor for this
Agreement shall be incorporated into this Agreement by reference.
SECTION 16. PROJECT FUNDING
A. Additional Amounts. The Funding Board shall not be obligated to pay any amount beyond the dollar
amount as identified in this Agreement, unless an additional amount has been approved in advance
by the Funding Board or Director and incorporated by written amendment into this Agreement.
B. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the
effective date of this Agreement shall be eligible for grant funds, in whole or in part, unless specifically
provided for by Funding Board policy. The dollar amounts identified in this Agreement may be
reduced as necessary to exclude any such expenditure from reimbursement.
C. After the Period of Performance. No expenditure made, or obligation incurred, following the period of
performance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy
the Funding Board may have under this Agreement, the amounts identified in this Agreement shall be
reduced to exclude any such expenditure from participation.
SECTION 17. PROJECT REIMBURSEMENTS
A. Compliance and Payment. The obligation ,of the Office to pay any amount(s) under this Agreement is
expressly conditioned upon strict compliance with the terms 9f this Agreement by the Sponsor.
B. Compliance and Retainage. The Office reserves the right to withhold disbursement ,of the final ten
percent (10%) of the total amount of the grant to the Sponsor until the Project has been completed
and approved by the Director. A Project is considered "complete" when: .
1. all approved or required activities outlined in the Agreement are complete;
2. on-site signs are in place (if applicable);
3. a final Project report is submitted to the Office with the Sponsor's final request for reimbursement;
4. the completed Project has been'approved by the Office;
5. final amendments have been processed; and
6. fiscal transactions are complete.
C. Invoice Frequency. Invoices are required at least once a quarter from state agency sponsors and at
least once a year from all other sponsors. The year-end invoice should include expenditures through
June 3D, the last day of the State's fiscal year and be submitted no later than July 15th. Final
reimbursement requests should be submitted to the Office within ninety (90) days of the completion of
the Project, funding end date, or the termination date, whichever comes first.
SECTION 18. ADVANCE PAYMENTS
Advance payments of or in anticipation of goods or services to be provided under this Agreement are
limited to salmon grants and must comply with SRFB policy.
April 15, 2002 - Page 6
General Provisions
SECTION 19. NON-AVAILABILITY OF FUNDS
If amounts sufficient to fund the grant made under this Agreement are not appropriated by the
Washington State Legislature, or if such funds are not allocated by the Washington State Office of
Financial Management (OFM) to the Office for expenditure for this Agreement in any biennial fiscal
period, the Office shall not be obligated to pay any remaining unpaid portion of this grant unless and until
the necessary action by the Legislature or OFM occurs. If the Office participation is suspended under this
section for a continuous period of one year, the Office's obligation to provide any future funding under this
Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by
the Sponsor. '.
SECTION 20. RECOVERY OF PAYMENTS
In the event that the Sponsor fails to expend funds under this Agreement in accordance with state and
federal laws, and/or the provisions of the Agreement, the Office reserves the right to recover grant award
funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available
at law or in equity.
The Sponsor shall reimburse the Office for any overpayment or erroneous payments made under the
Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30
days of demand by the Office. Interest shall accrue at the rate of twelve percent (12%) per annum from
the time that payment becomes due and owing.
SECTION 21. COVENANT AGAINST CONTINGENT FEES
The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure
this Agreement upon an agreement or understanding for a commission, percentage, brokerage or
contingent fee, excepting bona fide employees or bona fide established agents maintained by the
Sponsor for the purpose of securing business. The Office shall have the right, in the event of breach of
this clause by the Sponsor, to annul this Agreement without liability or, in its discretion, to deduct from the
Agreement price or consideration or recover by other means the full amount of such commission,
percentage, brokerage or contingent fee.
SECTION 22. PROVISIONS APPLYING TO DEVELOPMENT/RESTORATION PROJECTS
The following provisions shall be in force only if the Project described in this Agreement is for
development/restoration of land or facilities for outdoor recreation, habitat conservation, or salmon
recovery:
A. Construction Document Review and Approval. The Sponsor agrees to submit one copy of all
construction plans and specifications to the Office for review. Review and approval by the Office will
be for compliance with the terms of this Agreement.
B. Contracts for Construction. Sponsor shall award all contracts for construction using whatever method
is appropriate and legal for the Sponsor.
C. Construction Contract Change Order. Only change orders that significantly reduce or change the
scope of the Project as described to and approved by the Funding Board or the Office must receive
prior written approval.
D. Control and Tenure. Appropriate control and tenure of the land propo?ed for use must be executed
and documented.
E. Nondiscrimination. Except where a nondiscrimination clause required by a federal funding agency is
used, the Sponsor shall insert the following nondiscrimination clause in each contract for construction
of this Project:
"During the performance of this contract, the Sponsor agrees to comply with
all federal and state nondiscrimination laws, regulations and policies."
April 15, 2002 - Page 7
General Provisions
SECTION 23. PROVISIONS APPLYING TO ACQUISITION PROJECTS
The following provisions shall be in force only if the Project described in this Agreement is for the
acquisition of interest in real property for outdoor recreation, habitat conservation, or salmon recovery
purposes:
A. Evidence of Land Value. Before disbursement of funds by the Office as provided under this
Agreement, the Sponsor agrees to supply evidence to the Office that the land acquisition cost has
been established per Funding Board policy.
B. Evidence of Title. The Sponsor agrees to show the type of ownership interest for the property that has
been acquired. This shall be done before any payment of financial assistance.
C. Deed of Right to Use Land for Public Purposes. The Sponsor agrees to execute an instrument or
instruments which contain:
1. the legal description of the property acquired under this Agreement;
2. a conveyance to the State of Washington of the right to use the described real property forever
for the purpose identified in the Agreement; and
3. a requirement to comply with applicable statutes, rules, and the Funding Board policies with
respect to conversion of use.
D. Assignment of Right. When acquiring a conservation easement, the Sponsor agrees to execute an
instrument or instruments that contain:
1. The legal description of the conservation easement acquired under this Agreement;
2. An assignment to the State of certain rights for access to and stewardship of the property covered
by the conservation easement;
3. Acknowledgement of the right of the Funding Board and the Office for enforcement of the
provisions of the conservation easement; and
4. A statement that the Sponsor will retain all responsibility for obligations under the terms of the
conservation easement.
E. Real Property Acquisition and Relocation Assistance
1. When federal funds are part of this Agreement, the Sponsor agrees to comply with the terms and
conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970,84 Stat. 1894 (1970)--Public Law 91-646, as amended by the Surface Transportation and
Uniform Relocation Assistance Act, PL 100-17-1987, and applicable regulations and procedures
of the federal agency implementing that Act.
2. When state funds are part of this Agreement, the Sponsor, if required by law, agrees to comply
with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition
Policy of the State of Washington, Chapter 8.26.010 RCW), and Chapter 468-100 WAC.
3. Housing and Relocation. In the event that housing and relocation costs, as required by federal
law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved
in the execution of this Project, the Spon,sor agrees to provide any housing and relocation
assistance required.
SECTION 24. HAZARDOUS SUBSTANCES
A. Definition. "Hazardous substance," as defined in Chapter 10.1050.020 (7) RCW, means:
1. Any dangerous or extremely hazardous waste as defined in Chapter 70.105.010(5) and (6) RCW,
or any dangerous or extremely dangerous waste designated by rule pursuant to Chapter 70.105
RCW;
2. Any hazardous substance as defined in Chapter 70.105.010(14) RCW or any hazardous
substance as defined by rule pursuant to Chapter 70.105. RCW;
3. Any substance that, on March 1, 1989, is a hazardous substance under section 101 (14) of the
federal cleanup law, 42 U.S.C. Sec. 9601(14);
4. Petroleum or petroleum products; and
April 15, 2002 - Page 8
General Provisions
5. Any substance or category of substanc~s, including solid waste decomposition products,
determined by the director [or director's designee of the department of ecology] by rule to
present a threat to human health or the environment if released into the environment.
6. The term hazardous substance does not include any of the following when contained in an
underground storage tank from which there is not a release: Crude oil or any fraction thereof or
petroleum, if the tank is in compliance with all applicable federal, state, and local law.
B. Certification. The Sponsor shall inspect, investigate, and conduct an environmental audit of the
proposed acquisition site for the presence of hazardous substances and certify:
(1) No hazardous substances were found on the site, or
(2) Any hazardous substances found have been treated and/or disposed of in compliance with
applicable state and federal laws, and the site deemed "clean."
C. Responsibility. Nothing in this provision alters the Sponsor's duties and liabilities regarding hazardous
substances as set forth in Chapter 70.1 05D RCW.
D. Hold Harmless. The Sponsor will defend, protect and hold harmless the Office and any and all of its
employees and/or agents, from and against any and all liability, cost (including but not limited to all
costs of dE!fense and attorneys' fees) and any and all loss of any nature from any and all claims or
suits resulting from the presence of, or the release or threatened release of, hazardous substances
on the property being acquired. .
SECTION 25. RESTRICTION ON CONVERSION OF FACILITY TO OTHER USES
The Sponsor shall not at any time convert any real property acquired or any facility developed pursuant to
this Agreement to uses other than those purposes for which assistance was originally approved, without
the approval of the Funding Board or Director, in compliance with applicable statutes, rules, and Funding
Board polici~s as identified in this Agreement. It is the intent of Funding Board's conversion policy that all
lands acquired and all lands developed with funding assistance from the Funding Board remain in the
public domain in perpetuity unless otherwise identified in the Agreement.
A. By Funding Board policy a conversion may occur under any of the following circumstances: .
1. Conveyance. Property interests are conveyed for purposes inconsistent with the intent of the
Agreement and the funding source. .
2. Use. Non-eligible uses (public or privqte) are made of the Project area, or portion thereof.
3. Eligibility. Non-eligible facilities are developed within the Project area without prior approval of the
Funding Board or the Office.
4. Termination of Use/Non-Conformance. The property acquired or project developed no longer
meets or conforms to the intent of the Agreement or the funding source.
B. Element Change. When approved by the Funding Board or Director, certain elements may be deleted
from the Agreement without invoking the requirement to replace the elements. Such deletions are
allowed when the Funding Board or Director determines that the elements are not needed or cannot
be retained due to one or more of the following conditions:
1. Obsolescence
2. Extraordinary vandalism
3. Acts of Nature
4. Designed life expectancy reached
5. Fire
6. Property or property rights lost as a result of legal action
7. Ice National Trails System Act reversion order (National Trails System Act 8(d), 16 V.S.C. ~
1247(d); WAC 286-27-060(2)).
April 15, 2002 - Page 9
, General Provisions
SECTION 26. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED
PROJECTS
Sponsors must ensure that properties or facilities assisted with Funding Board funds, including
undeveloped sites, are built, operated, used, and maintained:
A. According to applicable federal; stat~, and local laws and regulations, including public health
standards and building codes,
B. In a reasonably safe condition for the project's intended use.
C, Throughout its estimated life so as to prevent undue deterioration.
D. In compliance with all federal and state nondiscrimination laws, regulations and policies.
Facilities open to the public must:
E. Follow all state and federal accessibility guidelines.
F. Appear attractive and inviting to the public except for brief installation, construction, or maintenance
periods.
G. Be available for use at reasonable hours and times of the year, according to the type of area or
facility.
SECTION 27. INCOME AND INCOME USE
A. Income.
1. Compatible source. The source of any income generated in a Funding Board assisted Project or
project area must be compatible with the funding source and the Agreement.
2. Fees. User and/or other fees may be charged in connection with land acquired or facilities
developed with Funding Board grants if the fees are consistent with the:
(a) Value of any service(s) furnished;
(b) Value of any opportunity(ies) furnished; and
(c) Prevailing range of public fees in the state for the activity involved.
Excepted are Firearms and Archery Range Recreation Program safety classes (firearm and/or
hunter) for which a facility/range fee must not be charged (Chapter 79A.252.21 0 RCW).
B. Income use, Regardless of whether income or fees in a Funding Board-assisted area (including
entrance, utility corridor permit, cattle grazing, timber harvesting, farming, etc.) are gained during or
after the reimbursement period cited in the Agreement, unless precluded by state law, the revenue
may only be used to offset:
1. the Sponsor's matching funds; and/or
2. the Project's total cost; and/or
3. the expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or
program assisted by the Funding Board grant; and/or
4. the expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar
units in the Sponsor's system; and/or
5, capital expenses for similar acqui~ition and/or development.
SECTION 28. PREFERENCES FOR RESIDENTS
Sponsors shall not express a preference for users of grant assisted projects on the basis of residence
(including preferential reservation, membership, and/or permit systems) except that reasonable
differences in admission and other fees may be maintained on the basis of residence. Even 50, the
Funding Board discourages the imposition of differential fees. Fees for nonresidents must not exceed
twice the fee imposed on residents. Where there ,is no fee for residents but a fee is charged to
nonresidents, the nonresident fee shall not exceed the amount that would be imposed on residents at
comparable state or local public facilities.
April 15, 2002 - Page 10
General Provisions
SECTION 29. PROVISIONS RELATED TO NON.PROFIT OR NOT.FOR.PROFIT SPONSORS
A non-profit or not-for-profit organization sponsor shall:
A. Maintain a non-profit or not-for-profit status (including registering with the Washington Secretary of
State) throughout the Sponsor's obligation to the Project as identified in this Agreement.
B. Notify the Office prior to dissolution and within 30 days of dissolution the Sponsor shall name a
qualified successor that will agree in writing to assume anyon-going project responsibilities. A
qualified successor is any party eligible to apply for funds in the subject grant program and capable of
complying with the terms and conditions of this Agreement. The Office will process an amendment
transferring the Sponsor's obligation to the qualified successor. .
C. Provide for operation and maintenance of the project. Should the Sponsor fail in this obligation for any
reason, the Project will be considered converted or a failed project, and be subject to all remedies
available to the Funding Board and the Office.
SECTION 30. LIABILITY INSURANCE REQUIREMENTS FOR FIREARM RANGE SPONSORS
A. The Sponsor1 shall procure an endorsement, or other addition, to liability insurance it may currently
carry, or shall procure a new policy of liability insurance, in a total coverage amount the Sponsor
deems adequate to ensure it will have resources to pay successful claims of persons who may be
killed or injured, or suffer damage to property, while present at the range facility to which this grant is,
related, or by reason of being in the vicinity of that facility; provided that the coverage shall be at least
one million dollars ($1,000,000) for the death of, or injury to, each person.
B. The liability insurance policy, including any endor~ement or addition, shall name Washington State,
the Funding Board, and the Office as additional insureds and shall be in a form approved by the
Funding Board or Director.
C. The policy, endorsement or other addition, or a similar liability insurance policy meeting the
requirements of this section, shall be kept in force throughout the Sponsor's obligation to the Project
as identified in this Agreement.
D. The policy, as modified by any endorsement or other addition, shall provide that the issuing company
shall give written notice to the Office not less than thirty (30) calendar days in advance of any
cancellation of the policy by the insurer, and within ten (10) calendar days following any termination of
the policy by the Sponsor.
E. The requirement of Subsection A through D above shall riot apply if the Sponsor is a federal, state,
or municipal government which has established a program of self-insurance or a policy of self-
insurance with respect to claims arising from its facilities or activities generally, including such
facilities as firearms or archery ranges, when the applicant declares and describes that program or
policy as a part of its application to the Funding Board. .
F. By this requirement, the Funding Board and the .office does not assume any duty to any individual
person with respect to death, injury, or damage to property which that person may suffer while
present at, or in the vicinity of, the facility to which this grant relates. Any such person, or any other
person making claims based upon such death, injury, or damage, must look to the Sponsor, or
others, for any and all remedies that may be available by law.
SECTION 31. REQUIREMENTS OF THE NATIONAL PARK SERVICE
If the Project has been approved by the National Park Service, United States Department of the Interior,
for assistance from the Federal Land and Water Conservation Fund (LWCF), the Agreement General
Provisions in Section 660.3 Attachment B of ~he L&WCF Grants-in-Aid Manual as now existing or
hereafter amended are made part of this Agreement, and the Sponsor shall also abide by these'
Agreement General Provisions. Further, the Sponsor agrees to provide the Office with reports or
documents needed to meet the requirements of the Agreement or Section 660.3 Attachment B of the
L&WCF Grants-in-Aid Manual.
1 As used in this Section. Sponsor refers to Firearms Range Sponsors.
April 15, 2002 - Page 11
General Provisions
SECTION 32. ORDER OF PRECEDENCE
This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and
state laws. The provisions of the Agreement shall be construed to conform to those laws. In the event of
an inconsistency in the terms of this Agreement, or between Its terms and any applicable statute. rule, or
policy or procedure, the inconsistency shall be resolved by giving precedence in the following order:
A. Applicable federal and/or state statutes, regulations, policies and procedures including applicable
federal Office of Management and Budget (OMB) circulars and federal and state executive orders;
B. Project Agreement including attachments;
c. Additional Provisions or Modifications of General Provisions;
D. General Provisions.
SECTION 33. AMENDMENTS
This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
SECTION 34. LIMITATION OF AUTHORITY
Only the Office or Office's delegate by writing (delegation to be made prior to action) shall have the
express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this
Agreement. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of
this Agreement is not effective or binding unless made in writing and signed by the Office.
SECTION 35. WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of
any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach
and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in
writing, signed by the Director, or the Director's designee, and attached to the original Agreement.
SECTION 36. APPLICATION REPRESENTATIONS - MISREPRESENTATIONS OR INACCURACY
OR BREACH
The Funding Board and the Office rely upon the Sponsor's application in making its determinations as to
eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any
part of the application may be deemed a breach of this Agreement.
SECTION 37. TERMINATION AND OTHER REMEDIES
The Funding Board and the Office may require strict compliance by the Sponsor with the terms of this
Agreement including, but not limited to, the requirements of the applicable statutes, rules and Funding
Board policies which are incorporated into this Agreement, and with the representations of the Sponsor in
its application for a grant as finally approved by the Funding Board. .
The Funding Board or the Director, may suspend, or may terminate, the obligation to provide funding to
the Sponsor under this Agreement:
A. In the event of any breach by the Sponsor of any of the Sponsor's obligations under this Agreement;
or
B. If the Sponsor fails to make progress satisfactory to the Funding Board or Director toward completion
of the Project by the completion date set out in this Agreement.
In the event this Agreement is terminated by the Funding Board or Director, under this section or any
other section after any portion of the grant amount has been paid to the Sponsor under this Agreement,
the Funding Board or Director may require that any amount paid be repaid to the Office for redeposit into
the account from which the funds were derived.
April 15, 2002 - Page 12
General Provisions
The Funding Board and the Office may enforce this Agreement by the remedy of specific performance,
which usually will mean completion of the Project as described in this Agreement. However, the remedy
of specific performance shall not be the sole or exclusive remedy available to the Office. No remedy
available to the Funding Board or the Office shall be deemed exclusive. The Funding Board or the Office
may elect to exercise any, any combination, or all of the remedies available to it under this Agreement, or
under any provision of law, common law, or equity.
SECTION 38. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Agreement, the Office may, by ten (10) days written notice,
beginning on the second day after the mailing, terminate this Agreement, in whole or in part.. If this
Agreement is so terminated, the Office shall be liable only for payinent required under the terms of this
Agreement for services rendered or goods delivered prior to the effective date of termination.
SECTION 39. DISPUTE HEARING
Except as may otherwise be provided in this Agreement, when a dispute arises between the Sponsor and
the Funding Board, which cannot be resolved, either party may request a dispute hearing according to the
process set out in this section. Either party's request for a dispute hearing must be in writing and clearly
state:
A. The disputed issues;
B. The relative positions of the parties;
C. The Sponsor's name, address, project title, and the assigned project number.
In order for this section to apply to the resolution of any specific dispute or disputes, the other party must
agree in writing that the procedure under this section shall be used to resolve those specific issues. The
dispute shall be heard by a panel of three persons consisting of one person chosen by the Sponsor, one.
person chosen by the Director, and a third person chosen by the two persons initially appointed. If a third
person cannot be agreed upon, the third person ~tiall be chosen by the Funding Board's Chair.
Any hearing under this section shall be informal, with the specific processes to be determined by the
disputes panel according to the nature and complexity of the issues involved. The process may be solely
based upon written material if the parties so agree. The disputes panel shall be governed by the
provisions of this Agreement in deciding the disputes.
The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that
panel shall be without the authority of either or both parties to perform, as necessary, or is otherwise
unlawful.
Request for a disputes hearing under this section by either party shall be delivered or mailed to the other
party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has
received notice of the action or position of the other party which it wishes to dispute. The written
agreement to use the process under this section for resolution of those issues shall be delivered or
mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving
party of the request.
All costs associated with the implementation of this process shall be shared equally by the parties.
SECTION 40. ATTORNEYS' FEES
If either party brings litigation to enforce any term or condition of this Agreement, or as a result of this
Agreement, the prevailing party shall be awarded its reasonable attorneys' fees together with necessary
fees, expenses, and costs incurred for such litigation at both trial and appellate levels, as well as in
obtaining execution of judgment. The reasonableness of such costs and attorneys' fees shall be.
determined by the court and not a jury.
"
April 15. 2002 - Page 13
General Provisions
SECTION 41. GOVERNING LAWNENUE
This Agreement shall be construed and interpreted in accordance with the laws of the State of
Washington. In the event of a lawsuit involving this Agreement, venue shall be proper only in Thurston
County Superior Court. The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the
courts of the State of Washington.
In the cases where this agreement is between the Funding Board and a federally recognized Indian tribe,
the following Governing LawNenue applies:
A. The State of Washington agrees that it shall initiate any lawsuit against a federally recognized Indian
tribe arising out of or relating to the performance, breach or enforcement of this agreement in Federal
Court. Interpretation shall be according to the law of the State of Washington. In the event that the
Federal Court determines that it lacks subject matter jurisdiction to resolve the dispute between the
State and Tribal Party, then the parties agree to venue in Thurston County Superior Court, but the
parties agree that the matter shall not be pursued in superior court unless there is a Federal Court
determination that it lacks subject matter jurisdiction.
B. Any judicial award, determination, order, decree or other relief, whether in law or equity or otherwise,
resulting from the action shall be binding and enforceable upon the parties. Any money judgment or
award against the Tribe, tribal officers and members, or the State of Washington and its officers and
employees may not exceed the amount provided for in Section F- Project Funding of the Agreement.
C. The Tribe hereby waives its sovereign immunity as necessary to give effect to this section, and the
State of Washington has waived its immunity to suit in state court. These waivers are only for the
benefit of the Tribe and State and shall not be enforceable by any third party or by any assignee or
delegate of the parties. In any enforcement action, the parties shall bear their own enforcement costs,
including attorneys' fees.
SECTION 42. SEVERABILITY
The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the
Agreement.
Press Release Template
City of Bremerton offered grant to support the improvement or protection of
aquatic lands for public purpose.
(Bremerton) - City of Bremerton was awarded a grant of $500,000.00 from the Aquatic Lands
Enhancement Acct. The grant was awarded by the Recreation and Conservation Funding Board (RCFB),
and will be used for the following:
Bremerton will use this grant to restore and expand Evergreen Park, the
city's premier park. The city recently acquired property to expand the park
but the public can't use it because it's cluttered with large pieces of
concrete, re-bar, rip-rap, debris, creosote pilings and a dilapidated pier.
Bremerton will use the grants to restore .75 mile of shoreline on the
southeastern border of Smith Cove and along the west side of the Port
Washington Narrows. The City also will create a beach to provide
much-needed beach and water access, expanding the park by 1.56 acres.
The grant also will provide interpretive signs describing marine wildlife and
local history, completing park development. Bremerton will contribute
$672,685 in cash, labor and a state grant.
There were twenty-two applications submitted for consideration in the Aquatic Lands Enhancement Acct.
Each project went through an evaluation process prior to being recommended for funding. The RCFS
Board approved funding for projects on Thursday, June 7, 2007.
Funding for the Aquatic Lands Enhancement Acct comes from leases on state-owned waterfront sites
and sale of harvest rights for geoduck clams. City of Bremerton will leverage local contributions totaling
$672,685.00 with grant monies to implement the project. Total estimated project cost is $1,172,685.00.
RCFB is the state's administrator of the grant program.
Contact:
Tom Knuckey, (360) 473-2376 (sponsor project manager)
Kim Sellers, (360) 902-3082, KimS@rco.wa.gov (RCFB project manager)
ALEA ProjectAgreement
Aquatic lands Enhancement Acct
Project Sponsor:
Project Title:
City of Bremerton
Evergreen Park Expansion/Shoreline Restoration
Project Number:
Approval Date:
06-1799D
6/7/2007
A. PARTIES OF THE AGREEMENT
This Project G.rant Agreement (Agreement) is entered into between the Recreation and Conservation Funding Board
(RCFS), P.O. Box 40917, Olympia, Washington 98504-0917 and City of Bremerton, 345 6th St Ste 600, Bremerton,
WA 98337 (Sponsor) and shall be binding upon the agents and all persons acting by or through the parties.
B. PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the Aquatic Lands Enhancement
Acct of the State of Washington's General Fund. The grant is administered by the RCFB to the Sponsor for the
project named above.
C. DESCRIPTION OF PROJECT
The subject Project is described on the attached Project Summary.
D. TERM OF AGREEMENT
The Project Sponsor's on-going obligation for the above project is perpetual unless otherwise identified in this
Agreement.
E. PERIOD OF PERFORMANCE
The Project reimbursement period shall begin on October 8,2007 and end on June 30,2010. No expenditure made
before or after this period is eligible for reimbursement unless incorporated by written amendment into this
Agreement.
F. PROJECT FUNDING
The total grant award provided by the RCFB for this project shall not exceed $500,000.00. The RCFB shall not pay
any amount beyond that approved for funding of the project. The Sponsor shall be responsible for all total project
costs that exceed this amount. The contribution by the Sponsor toward work on this project at a minimum shall be as
indicated below:
RCFS - Aquatic lands Enhancement Acct
Percentage
42.64%
57.36%
100.00%
Dollar Amount
Project Sponsor
Total Project Cost
$500,000.00
$672,685.00
$1,172,685.00
G. RIGHTS AND OBLlGA TlONS
All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments, including
the Sponsor's Application, Project Summary, Eligible Reimbursement Activities Report, Project Milestones, and the
General Provisions, alf of which are attached hereto and incorporated herein.
Except as provided herein, no alteration of any of the terms or conditions of this Agreement will be effective unless
provided in writing. All such alterations, except those concerning the period of performance, must be signed by both
parties. Period of performance extensions need only be signed by RCO's Director.
The Sponsor has read, fully understands and agrees to be bound by all terms and conditions as set forth in these
documents.
H. COMPLIANCE WITH APPLICABLE STA TUTES. RULES. AND RCO POLICIES
This Agreement is governed by, and the Sponsor shall comply with, all applicable state and federal laws and
regulations, including Chapter 79.24.580 RCW, Chapter 286 WAC and published agency policies, which are
incorporated herein by this reference as if fully set forth.
ALEA Proiect Aqreement
Chapter 79.24.580 RCW, Chapter 286 WAC
PROJAGRRPT
Aquatic Lands Enhancement Acct
Page 1 of 2
I. ADDITfONAL PROVISIONS OR MODIFICA TlONS OF THE GENERAL PROVISIONS
1. On July 1,2007, the name of the Interagency Committee for Outdoor Recreation changed to the
Recreation and Conservation Funding Board and the office name changed to the Recreation and
Conservation Office. The General Provisions of the Project Agreement do not reflect this change. To
allow immediate implementation of this project, the existing provisions are hereby incorporated into the
agreement. All references to the Board refer to the Recreation and Conservation Funding Board.
References to the Office refer the Recreation and Conservation Office.
2. Before reimbursement of any development related expenses, the sponsor must comply with Governor's
Executive Order 05-05 regarding Archaeological and Cultural Resources for the scope of work
approved in this Project Agreement. The Recreation and Conservation Office will issue a notice to
proceed when appropriate documentation has been received.
In the event that archaeological or historic materials are discovered during project activities, work in the
immediate vicinity must stop; the area must be secured, and the Sponsor must notify the concerned
tribe's cultural staff and cultural committee, the Recreation and Conservation Office, and Department of
Archaeology and Historic Preservation.
3. Documentation of a DNR Lease Agreement and a Lease Agreement for use of private property at the
proposed 5th Street Landing are required prior to reimbursement for any expenses.
J. FEDERAL FUND INFORMA TlON
(none)
K. PROJECT GRANT AGREEMENT REPRESENTA TlVE
All written communications sent to the Sponsor under this Agreement will be addressed and delivered to:
Project Contact
Name: Tom Knuckey
Title: Managing Engineer
Address: 3027 Olympus Drive
Bremerton, WA 98310-4799
ReFB
Recreation and Conservation Office
Natural Resources Building
PO Box 40917
Olympia, Washington 98504-0917
www.rco.wa.gov/rcfb/
These addresses shall be effective until receipt by one party from the other of a written notice of any change.
L. ENTIRE AGREEMENT
This agreement, along with all attachments, constitutes the entire agreement of the parties. No other understandings,
oral or otherwise, regarding this Agreement shall exist or bind any of the parties.
M. EFFECTIVE DA TE
This agreement, for project #06-1799D, shall be effective upon signing by all parties.
STATE OF WASHINGTON
RECREA T~ ~,N~ ~ON~~~~V A TION OFFICE
BY: CX~~u;RlctdOfiLt'W~
Rachael Langen, Deputy Director
DATE:
10/4/07
PROJECT SPONSOR
BY:
TITLE:
DATE:
Pre-approved as to form:
BY: /S/
Assistant Attorney General
ALEA Project AQreement
Chapter 79.24.580 RCW, Chapter 286 WAC
PROJAGR.RPT
Aquatic Lands Enhancement Acct
Page 2 of 2
I L 81 [,,"mg"",
~ OUTDOORc for
~~ RECRERTION
Aquatic Lands Enhancement Acct
Post-Evaluation Project Summary
TITLE:
Evergreen Park Expansion/Shoreline Restoratio
NUMBER: 06-17990
STATUS: Board Funded
( Development)
SPONSOR:
City of Bremerton
EVALUATION SCORE:
BOARD RANKING:
50.5455
COSTS:
Aquatic Lands Enhancement Ace
Local
$500,000
$672,685
43%
57%
SPONSOR MATCH:
Appropriation \ Cash
Force Acct - Labor
Grant - State RCO
$1,172,685
100%
Total
DESCRIPTION:
Bremerton will use this grant to restore and expand Evergreen Park, the city's premier park. The city recently
acquired property to expand the park but the public can't use it because it's cluttered with large pieces of concrete,
re-bar, rip-rap, debris, creosote pilings and a dilapidated pier. Bremerton will use the grants to restore. 75 mile of
shoreline on the southeastern border of Smith Cove and along the west side of the Port Washington Narrows. The
City also will create a beach to provide much-needed beach and water access, expanding the park by 1.56 acres.
The grant also will provide interpretive signs describing marine wildlife and local history, completing park
development.
LOCATION INFORMATION:
Near downtown Bremerton along the Washington Narrows.
COUNTY:
Kitsap
SCOPE (ELEMENTS):
Architectural & Engineering
Cultural Resources
Estuarine/Marine Nearshore
Landscaping
Lighting
Park Furniture
Parking
Permits
Roads
Sales Tax
Shelters
Signing
Site Preparation
Trails
Utilities
Water Access Facilities
ANTICIPATED ACREAGE:
Acres To
Be Acquired
Acres To
Be Dev/Restored
1.03
1.56
Acres To
Be Renovated
ACREAGE TYPE
Tidelands
Uplands
FISCAL YEAR:
2008
DATE PRINTED:
October 2, 2007
1 PAPSUM1.RPT
Evergreen Park Expansion/Shoreline Restoration
~. ffltem~mcy
'I ouiDOORe fir
~ RECREATION
Eligible Reimbursement Activities Report
Project Sponsor:
Project Title:
City of Bremerton
Evergreen Park Expansion/Shoreline Restoration
Project Number: 06-1799 D
Approval: 6/7/2007
Development Items:
Worksite Element Item Unit
------~"--
#1, Bremerton Boardwalk A & E development Architectural & Engineerir Lump Sum
#1, Bremerton Boardwalk Cultural resource survey Cultural Resources Optional
#1, Bremerton Boardwalk On-site monitoring Cultural Resources Lump sum
#1, Bremerton Boardwalk Shoreline restoration Estuarine/Marine Nearshc Linear ft
#1, Bremerton Boardwalk Shoreline restoration Estuarine/Marine Nearshc I,.inear ft
#1, Bremerton Boardwalk Grass - sod Landscaping Acres
#1, Bremerton Boardwalk Irrigation Landscaping Acres
#1, Bremerton Boardwalk Top soil/mulch Landscaping Yds
#1, Bremerton Boardwalk Trees/shrubs Landscaping Lump sum
#1, Bremerton Boardwalk Lighting - other Lighting Lump sum
#1, Bremerton Boardwalk Parking and roads Lighting Lump sum
#1, Bremerton Boardwalk Benches Park Furniture Each
#1, Bremerton Boardwalk Bike racks Park Furniture Each
#1, Bremerton Boardwalk Trash receptacles Park Furniture Each
#1, Bremerton Boardwalk Parking - asphaltic concrete Parking Spaces
#1, Bremerton Boardwalk Striping Parking Lump sum
#1, Bremerton Boardwalk Wheel stops Parking Each
#1, Bremerton Boardwalk Permits Permits Lump sum
#1, Bremerton Boardwalk Curbs Roads Linear Ft
#1, Bremerton Boardwalk Roads - asphaltic concrete Roads Linear Ft
#1, Bremerton Boardwalk Sales Tax Sales Tax Lump Sum
#1, Bremerton Boardwalk Kiosk Shelters Each
#1, Bremerton Boardwalk General park signs Signing Lump sum
#1, Bremerton Boardwalk Interpretive signs Signing Each
#1, Bremerton Boardwalk Kiosk signs Signing Lump sum
#1, Bremerton Boardwalk Demolition Site Preparation Lump sum
#1, Bremerton Boardwalk Erosion control Site Preparation Lump sum
#1, Bremerton Boardwalk Grading Site Preparation Acres
#1, Bremerton Boardwalk Grubbing Site Preparation Acres
#1, Bremerton Boardwalk Mobilization Site Preparation Lump sum
#1, Bremerton Boardwalk Sidewalks Trails Linear Ft
#1, Bremerton Boardwalk Electric transformers/panels Utilities Lump sum
#1, Bremerton Boardwalk Surface drainage Utilities Lump sum
ELlGREIMRPT
October 2, 2007
---
Quantity Description ____
1.00
1.00 Cultural resources
survey
1,00 Monitoring activity
3,900.00 Rip-rap, rubble and
debris removal, shoreline
restoration
1.00 Pier, piling and dolphin
removal
1,00
1.00 Automatic for turf and
plantings
4,100.00
1,00 Similar plantings to
Evergreen Park
1.00 Pathway lighting - same
as Evergreen Park
1,00 Same lighting design as
Evergreen Park
6.00 Consistent with
Evergreen Park
1.00 Game Time Model #707
or similar, 5-foot
galvanized
4.00 Vandal resistant. City
standard.
20,00 20 parking spaces, 4 will
be ADA accessible
1,00
20.00 6-foot
1.00
300.00
800.00 500 feet at 12' wide, 300
feet at 24' wide
1.00
1.00 225 square feet
1.00
8.00 Local wildlife and history
1.00
1.00 Demolition of Plumbers
and Steamfitters Union
Building
1.00 Temporary erosion
control during
construction
1,25 Includes concrete pad
removal & demo of small
structure
1.00 Remove existing
blackberries, weeds and
scotch broom
1.00
290.00 10' wide
1.00 Transformer vault,
conduit, wiring, etc.
1.00 Same as Evergreen Pk,
existing sewer under
adjacent parcel
Page:
I j /'1 Inttragen')
1.IIJ Committee for
I,~I ~H~~OA~ION
#1, Bremerton Boardwalk
ELlGREIM.RPT
Eligible Reimbursement Activities Report
Beach
Water Access Facilities Lump sum
October 2, 2007
1.00 Create sandy beach area
for kayak landing and
beach combing
Page:
2
j A!. f/H; 1/1I1i'r(I~CIICY
I ~ 'I OUT~OORc fir
k;~;:0'i RECRERTlON
Milestone Report By Project
Project Number:
Project Name:
Sponsor:
Project Manager:
06-17990
Evergreen Park Expansion/Shoreline Restoration
Bremerton City of
Kim Sellers
, , .- j Comment~lDescription: '
X ' I " , Milestone . Target Date
X I RFP Complete/Consultant Hired 04/01/2006
Project Start 10/08/2007
I Special Conditions Met 05/30/2008 Documentation of a DNR Lease
Agreement and a Lease Agreement for
use of private property at the proposed
5th Street Landing are required.
A&E Complete/Permits Submitted 06/30/2008
I Special Conditions Met 06/30/2008 Demonstrate ompliance with EO 05-05.
Cultural Resources Survey Required
per DAHP
Annual Project Billing 07/31/2008
Plans/Specs Reviewed Mgmt Agy 08/31/2008
Bid Awarded 03/31/2009
! Construction Started 07/31/2009
Annual Project Billing 07/31/2009
Proposed Completion Date 10/31/2009
I Project Complete 06/30/2010
Annual Project Billing 07/31/2010
Final Docs/Billing to Mgmt Agy 09/30/2010
X = Milestone Complete
! = Critical Milestone
nf'l()h~r n~ ?nn7
Paae:
Natura! F1GSOUrCes BuHding
11 i i WashingtDIl St Si::
Olympia Wie.. 98501
(360) 902-3000
ITY (360) 902-1896
Fax: (360) S02-302G
?O Box 40SU
Oiympia Wf\ 913506-0917
ST.All':: OF VJASH/NCiTON
E-mail: info@rco.W8.00V
Web site: www.rco.wa.gov
RECREATiON AND CONSERVATiON OFFICE
November 5, 2007
Tom Knuckey
City of Bremerton
3027 Olympus Drive
Bremerton, WA 98310-4799
RE: Bremerton Boardwalk Trail, RCO #06-18010
Dear Mr. Knuckey:
Congratulations on your successful application for the Bremerton Boardwalk Trail project. Your project is
administered by the Recreation and Conservation Funding Board (RCFB). Enclosed are two original sets of
project agreement materials. Each set contains the Project Agreement, Milestone Report, Eligible
Reimbursement Activities Report, and an Invoice Voucher. Also enclosed are policy manuals for reference
as you implement your project and seek reimbursement. After reviewing your Project Agreement materials,
please have the appropriate person sign each Project Agreement and return one signed original. Once the
Project Agreement is signed and returned, the Bremerton Boardwalk Trail project can commence.
Prompt implementation and completion of your project is extremely important and will ensure the continuing
success and credibility of the Washington Wildlife and Recreation Program by demonstrating effective
results to citizens and policy makers.
We encourage you to offer appropriate media opportunities to help build public awareness of the project's
purposes and benefits. Acknowledging the assistance provided by this grant program helps increase the
public's understanding of the value the funding provides to communities. Please notify your RCFS project
manager of any event celebrating your project's beginning or completion.
As always, staff is available to answer questions that may arise during project implementation. If you need
assistance, please contact Sarah Thirtyacre at (360) 902-0243 or saraht@rco.wa.gov.
Thank you again for helping make this valuable investment in Washington State's recreation, conservation,
and natural resources.
Sincerely,
.r,
/j{.. . I . . . I' 1]1,. ',"~" :J
, ,'," I II' ,.,
. '.,!.Cf i.O.U' " ,vC- i, '" ..'---....'
O' .
RachaelLangen
Deputy Director
Enclosures
F~:;';i'(;ai.ion and COllssrvation Funoing Board ~ Salmon i=:ecov'2ry Funding i30ard . 'N2shington Biodivel'sity Council
AGRECVR f/,p'J ,. , I . S . ~ 'j . ,,. .... C' .
,'. oJ "c8.Stlir!gLoll nV8SIVG peci8s 1......()UnCI ~~ ;.-orUIT~ Gn r\!~'Jn{1or!ng ...)airnon Ftecoverv and VVatershed Health
. ,I, '
i)
WWRP Project Agreement
Outdoor Recreation Account
Project Sponsor:
Project Title:
City of Bremerton
Bremerton Boardwalk Trail
Project Number: 06-1801D
Approval Date: 6/7/2007
A. PARTIES OF THE AGREEMENT
This Project Grant Agreement (Agreement) is entered into between the Recreation and Conservation Funding Soard.
(RCFS), P.O. Box 40917, Olympia, Washington 98504-0917 and City of Bremerton, 345 6th St Ste 600, Bremerton,
WA 98337 (Sponsor) and shall be binding upon the agents and all persons acting by or through the parties.
B. PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the Outdoor Recreation Account of
the State of Washington's General Fund. The grant is administered by the RCFB to the Sponsor for the project
named above.
C. DESCRIPTION OF PROJECT
The subject Project is described on the attached Project Summary.
D. TERM OF AGREEMENT
The Project Sponsor's on-going obligation for the above project is perpetual unless otherwise identified in this
Agreement.
E. PERIOD OF PERFORMANCE
The Project reimbursement period shall begin on October 1, 2007 and end on June 30, 2010. No expenditure made
before or after this period is eligible for reimbursement unless incorporated by written amendment into this
Agreement.
F. PROJECT FUNDING
The total grant award provided by the RCFB for this project shall not exceed $2,000,000.00. The RCFS shall not pay
any amount beyond that approved for funding of the project. The Sponsor shall be responsible for all total project
costs that exceed this amount. The contribution by the Sponsor toward work on this project at a minimum shall be as
indicated below:
Percentage Dollar Amount
ReFS - WWRP - Trails 24.29% $2,000,000.00
Project Sponsor 75.71% $6,233,879.00
Total Project Cost 100.00% $8,233,879.00
G. RIGHTS AND OBLlGA TlONS
All rights and obligations of the parties to this Agreement! are subject to this Agreement and its attachments, including
the Sponsor's Application, Project Summary, Eligible Reimbursement Activities Report, Project Milestones, and the
General Provisions, all of which are attached hereto and incorporated herein.
Except as provided herein, no alteration of any of the terms or conditions of this Agreement will be effective unless
provided in writing. All such alterations, except those concerning the period of performance, must be signed by both
parties. Period of performance extensions need only be signed by RCO's Director.
The Sponsor has read, fully understands and agrees to be bound by all terms and conditions as set forth in these
documents.
H. COMPLIANCE WITH APPLICABLE STATUTES. RULES. AND RCO POLICIES
This Agreement is governed by, and the Sponsor shall comply with, all applicable state and federal laws and
regulations, including Chapter 79A.15 RCW, Chapter 286 WAC and published agency policies, which are
incorporated herein by this reference as if fully set forth.
WWRP Project A~reement
Chapter 79A.15 RCW, Chapter 286 WAC
PROJAGR.RPT
Outdoor Recreation Account
Page 1 of 2
I. ADDITIONAL PROVISIONS OR MODIFICA TlONS OF THE GENERAL PROVISIONS
1. On July 1, 2007, the name of the Interagency Committee for Outdoor Recreation changed to the
Recreation and Conservation Funding Board and the office name changed to the Recreation and
Conservation Office. The General Provisions of the Project Agreement do not reflect this change. To
allow immediate implementation of this project, the existing provisions are hereby incorporated into the
agreement. All references to the Board refer to the Recreation and Conservation Funding Board.
References to the Office refer the Recreation and Conservation Office.
2. Before reimbursement of any development related expenses, the sponsor must comply with Governor's
Executive Order 05-05 regarding Archaeological and Cultural Resources for the scope of work
approved in this Project Agreement. The Recreation and Conservation Office will issue a notice to
proceed when appropriate documentation has been received.
In the event that archaeological or historic materials are discovered during project activities, work in the
immediate vicinity must stop; the area must be secured, and the Sponsor must notify the concerned
tribe's cultural staff and cultural committee, the Recreation and Conservation Office, and Department of
Archaeology and Historic Preservation.
3. Documentation of a DNR Lease Agreement and a Lease Agreement for use of private property at the
proposed 5th Street Landing are required prior to reimbursement for any expenses.
J. FEDERAL FUND INFORMA TlON
(none)
K. PROJECT GRANT AGREEMENT REPRESENTA TlVE
All written communications sent to the Sponsor under this Agreement will be addressed and delivered to:
Proiect Contact
Name: Tom Knuckey
Title: Managing Engineer
Address: 3027 Olympus Drive
Bremerton, WA 98310-4799
ReFB
Recreation and Conservation Office
Natural Resources Building
PO Box 40917
Olympia, Washington 98504-0917
www.rco.wa.gov/rcfb/
These addresses shall be effective until receipt by one party from the other of a written notice of any change.
L. ENTIRE AGREEMENT
This agreement, along with all attachments, constitutes the entire agreement of the parties. No other understandings,
oral or otherwise, regarding this Agreement shall exist or bind any of the parties.
M. EFFECTIVE DA TE
This agreement, for project #06-1801 D, shall be effective upon signing by all parties.
STATE OF WASHINGTON
RECREATION AND CONSERVATION OFFICE
BY'R~:'~~~~;ty Director
DATE:
li:)~ /07
, . . . , , ,P,R.OJECT SPONSOR
. . . I . . . . .
. . . . . . . . . "
-:-:-:-:-:-:-:':-: BY:
:i:i:i:i:i~~;
, , , , .. ,.' ,LE:
,.......... ...... I
. . . . . . . . .
. . I . . . . . '
. . . . . . . I I
. . . . . I . . ,
. . . . . . . . .
DATE:
Pre-approved as to form:
BY: ISI
Assistant Attorney General
WWRP Proiect Aqreement
Chapter 79A.15 RCW, Chapter 286 WAC
PROJAGR.RPT
Outdoor Recreation Account
Page 2 of 2
~. Inttragmcy
.. OUTnootor
~~ RECRERTION
Washington Wildlife and Recreation Program
Trails Category
Post-Evaluation Project Summary
TITLE: Bremerton Boardwalk Trail
NUMBER: 06-18010
STATUS: Board Funded
(Development)
SPONSOR:
City of Bremerton
EVALUATION SCORE:
BOARD RANKING:
61.2500
1 of 24
COSTS:
WWRP - Trails
Local
Total
$2,000,000
$6,233,879
$8,233,879
24%
76%
100%
SPONSOR MATCH:
Appropriation \ Cash
Force Acct - Labor
DESCRIPTION:
Bremerton will use this grant to build the Bremerton Boardwalk Trail, a .6-mile over water boardwalk from the
Bremerton-Seattle ferry terminal to Bremerton's premier and most-used park, Evergreen Rotary Park. This trail is
an extension of the Louis Mentor Boardwalk and will provide critical connections between parks. It will increase
waterfront access in the city by almost 50 percent. The boardwalk will range from 12 to 20 feet wide and be
accessible to people with disabilities. In addition, the boardwalk will be the first segment of the regional Mosquito
Fleet Trail constructed in Bremerton. Bremerton will contribute $6.2 million in cash and labor. This was the top
ranked project of 24 competing for funding in the trails category of the Washington Wildlife and Recreation
Program.
LOCATION INFORMATION:
Just off the shoreline from downtown Bremerton along Port Washington Narrows to Evergreen Park.
COUNTY: Kitsap
SCOPE (ELEMENTS):
Architectural & Engineering
Cultural Resources
Lighting
Park Furniture
Permits
Sales Tax
Signing
Site Preparation
Trails
Utilities
Viewpoints
ANTICIPATED ACREAGE:
ACREAGE TYPE
Tidelands
Acres To
Be Acquired
Acres To
Be Dev/Restored
1.03
Acres To
Be Renovated
FISCAL YEAR:
2008
DATE PRINTED:
November 5, 2007
1 PAPSUM1.RPT
Bremerton Boardwalk Trail
[Irm"""
Committer for Eligible Reimbursement Activities Report
OUTDOOR
0=?/ RECREATION
Project Sponsor: City of Bremerton Project Number: 06-1801 0
Project Title: Bremerton Boardwalk Trail Approval: 6/7/2007
Development Items:
Worksite Element Item Unit Quantity Description
#1, Bremerton Boardwalk A & E development Architectural & Engineerir Lump Sum 1.00
#1, Bremerton Boardwalk Cultural resource survey Cultural Resources Optional 1.00 If required
#1, Bremerton Boardwalk Cultural resource survey Cultural Resources Optional Cultural Resources
Requirements per DAHP
#1, Bremerton Boardwalk General security Lighting Lump sum 1.00 low level - conduit and
wire included
#1, Bremerton Boardwalk Benches Park Furniture Each 30.00 consistent with
Evergreen Park
#1, Bremerton Boardwalk Bike racks Park Furniture Each 2.00 Game Time Model #707
or similar, 5-foot length,
galvanized
#1, Bremerton Boardwalk Drinking fountain Park Furniture Each 3.00 drinking fountains along
boardwalk
#1, Bremerton Boardwalk Trash receptacles Park Furniture Each 8.00 Vandal resistant, city
standards
#1, Bremerton Boardwalk Permits Permits Lump sum 1.00
#1, Bremerton Boardwalk Sales Tax Sales Tax Lump Sum 1.00
#1, Bremerton Boardwalk General park signs Signing Lump sum 2.00
#1, Bremerton Boardwalk Interpretive signs Signing Each 5.00 includes wildlife, industry
history and cultural
history
#1, Bremerton Boardwalk Geotech survey Site Preparation Lump sum 1.00
#1, Bremerton Boardwalk Mobilization . Site Preparation Lump sum 1.00
#1, Bremerton Boardwalk Site preparation - other Site Preparation Lump sum 1.00 Beach cleanup, debris
removal, beach
enhancement
#1, Bremerton Boardwalk Surveying Site Preparation Lump sum 1.00 Bathymetric survey
along route
#1, Bremerton Boardwalk Board walk - wood Trails Linear Ft 3,200.00 Concrete decking, pilings
included in cost, ADA
compliant
#1, Bremerton Boardwalk Hand rails Trails Lump sum 3,520.00 Wood or similar look,
cost reflects both sides &
connections
#1, Bremerton Boardwalk Ramps Trails Linear Ft 2.00 ADA compliant
connections at both ends
#1, Bremerton Boardwalk Stairs Trails Lump sum 1.00 Intermediate connection
and stairs
#1, Bremerton Boardwalk Electric transformers/panels Utilities Lump sum 2.00 transformer vault,
conduit wiring, etc.
#1, Bremerton Boardwalk Water system(s)/wells Utilities Lump sum 1.00 Water line along
boardwalk
#1, Bremerton Boardwalk Viewpoints Viewpoints Lump sum 6.00 20-40'wide areas along
boardwalk
ELlGREIM.RPT
November 5, 2007
Page:
[Ide Interagency
Committee for
OUTDOOR
~ RECREATION
Milestone Report By Project
Project Number:
Project Name:
Sponsor:
Project Manager:
06-1801 0
Bremerton Boardwalk Trail
Bremerton City of
Sarah Thirtyacre
. , ! .-' . / ' .." I _ I _ _. ~ ... .
X 1,' " -. ," ,Milestone ,,' " , L ," Target Date .-' .:":' . '. Co'mments/Description --
X I RFP Complete/Consultant Hired 04/30/2006
Project Start 10/01/2007
I Special Conditions Met 05/15/2008 Documentation of a DNR Lease
Agreement and a Lease Agreement for
use of private property at the proposed
5th Street Landing are required prior to
reimbursement for any expenses.
! A&E Complete/Permits Submitted 06/30/2008
I Special Conditions Met 06/30/2008 Compliance with Governor's Executive
Order 05-05. Cultural Resources
Survey Required per DAHP.
Annual Project Billing 07/31/2008
Plans/Specs Reviewed Mgmt Agy 08/31/2008
Bid Awarded 03/31/2009
I Construction Started 07/31/2009
Annual Project Billing 07/31/2009
Proposed Completion Date 12/31/2009
I Project Complete 06/30/2010
Final Docs/Billing to Mgmt Agy 09/30/2010
X = Milestone Complete
I = Critical Milestone
1 MILESTO,RPT
November 05, 2007
Page:
Agency Name
FORM A-19 State of Washington
INVOICE VOUCHER
RECREATION AND CONSERVATION OFFICE
Recreation and Conservation Office
P.O. Box 40917
Olympia, WA 98504-0917
Sponsor's Certificate. I hereby certify under penalty of perjury that the items
and totals listed herein are proper charges for materials, merchandise or
services furnished to the State of Washington, and that all goods furnished
and/or services rendered have been provided without discrimination because
of age, sex, marital status, race, creed, color, national origin, handicap,
religion or Vietnam era or disabled veterans status.
Sponsor
City of Bremerton
Finance
345 6th St Ste 600
Bremerton, WA 98337
BY
(TITLE)
(DATE)
(,)lJ>'1l"',':ll"1/;?~"liile,1A!liTpWm'~~;m;t""'~"~l'll'.Q>'~"'''>~!'c~i?ii'1'R':(~'';'~\lWi''~'l!'~'(">>"1i~"~,i""'\!!1\,."~j>"''';l'''~ <f.~Ir.'~)l!W'~"" >i"}~>&l::\'''~1i(\);;'~!'-'If'11'~ 'd~~~llil'~'$f,i~~~,<~~Wi'JlC~~":3\,:r-'I"~1~'1i~
~~i1;,~~~!!;1~':i'Jl;~~llflf,.;.wffil;!,~(~1~~~{~Wl~W~~'i.fii'l1i''ii&;iJ:.\%Ji(:)JB~e;~o.mpl,~te,a~aVtSp~n's,6.ra:.~';:Jt\~~~l;iit~~'lill~'I1~~IW'JiJ~~i'~~~~1;'~'.\l!~i;ji~
Project Number 06-1801 D Billing Period This is a Final Billing?
Project Name Bremerton Boardwalk Trail To: Yes [] No [ ]
Development Total
$7,269,902.00
$963,977.00
$8,233,879.00
$8,233,879.00
A&E
FUNDING & EXPENDITURE FORMULA
For Reo Use ONLY
;i~~~~~I~~4~'~11i~ili~L~~~:nJD~fib:~Ii~n~~~~.a\~'tltI4t1ltWiU~;:'Ii~11XIfI'.~~~~1~glI~~@;~i~B02iili~~~~~.~fli~~:')t~~
Sponsor:
RCO Federal:
RCO: WWRP-TR
75.71%
$6,233,879.00
Total Billed
Share Billed
Share Approved
Advance Balance
Match Owed Balance
Share Retained
Share Paid
Match Bank
24.29%
$2,000,000.00
Agreement Total:
100.00%
$8,233,879.00
';fE)'b~1s11f~lltr:i~1f;~~~~~Mr~~If;j~ U~'\l:~q?;;~efjfmhtriD6li1'1N:&'I~J.~~:~~~ ~R1fIB~N.,r,1.~~l~";;(4;ij ~,\9~H'dC;WFJmtb;i\rWR~ Weh~1f~M~S!~~'ii i~$J"~~i~~"~;~~
~""""",....,..,,,.....;I. "'h-,,,:"1,.~;?t<.1f:-o!,, ~_J~...~)~"j~~~t4,- ~~-t~"oi.,_""~~,-,^.._~...,,,,,...,,....,;,;;_.,f,_..~;.r ",t:"rr~' ..)i?;~':~J'~~' ,j .' .;:;~_,,,,,,..-..,u..:_-;...,,,,~~,;;.~~~~,l;fI5~~:-;.~ ~~-,.....J),.......,A.-"\.""",~".l-.ltr,,,,,~,,,~ it."'--..',A.._........"....h.""'_ ,,.-~..9',,..., ~~~<~'<'-l'~~"!j!.~l"
Release Final Pmt [] Division Supervisor/Date
Accounting/Date
1INVOICE.RPT
11 /5/2007
Current Funding
Press Release Template
City of Bremerton offered grant to develop land for nonmotorized trail activities.
(Bremerton) - City of Bremerton was awarded a grant of $2,000,000.00 from the Washington Wildlife and
Recreation Program, Outdoor Recreation Account, Trails category. The grant was awarded by the
Recreation and Conservation Funding Board (RCFB), and will be used for the following:
Bremerton will use this grant to build the Bremerton Boardwalk Trail, a .6-mile over water
boardwalk from the Bremerton-Seattle ferry terminal to Bremerton's premier and
most-used park, Evergreen Rotary Park. This trail is an extension of the Louis Mentor
Boardwalk and will provide critical connections between parks. It will increase waterfront
access in the city by almost 50 percent. The boardwalk will range from 12 to 20 feet wide
and be accessible to people with disabilities. In addition, the boardwalk will be the first
segment of the regional Mosquito Fleet Trail constructed in Bremerton. Bremerton will
contribute $6.2 million in cash and labor. This was the top ranked project of 24 competing
for funding in the trails category of the Washington Wildlife and Recreation Program.
There were twenty-three applications submitted for consideration in the Washington Wildlife and
Recreation Program, Outdoor Recreation Account, Trails category. Each project went through an
evaluation process prior to being recommended for funding. The RCFB Board approved funding for
projects on Thursday, June 7, 2007.
Funding for the Washington Wildlife and Recreation Program, Outdoor Recreation Account, Trails
category comes from the sale of state general obligation bonds. City of Bremerton will leverage local
contributions totaling $6,233,879.00 with grant monies to implement the project. Total estimated project
cost is $8,233,879.00. RCFB is the state's administrator of the grant program.
Contact:
Tom Knuckey, (360) 473-2376 (sponsor project manager)
Sarah Thirtyacre, (360) 902-0243, saraht@rco.wa.gov (RCFB project manager)
General Provisions
Table of Contents Page
A. Heading and Definitions
Section 1. Headings and Definitions .......................................................................................1
B. Performance and Requirements (General Responsibilities)
Section 2. Performance by Sponsor ....................................................................................... 2
Section 3. Assignment.............................................. ........... ............ ........ .............. ................. 2
Section 4. Responsibility for Project ....................................................................................... 2
Section 5. Indemnification .............................. .............. ............ ......... ...... ..... ...... ........ ...... ....... 2
Section 6. Independent Capacity of the Sponsor ...................................................................2
Section 7. Conflict of Interest......... .............. ................... ......... ......... ...................... ....... ......... 2
Section 8. Acknowledgment and Signs........ ............. ................ .............................................. 3
C. Compliance with Laws, Records, and Inspections
Section 9. Compliance with Applicable Law.......................................................................... 3
Section 10. Records Maintenance ............ ................ ........ ..................... ...... ................. ..... ....... 4
Section 11. Access to Data ....................................................................................................... 4
Section 12. Treatment of Assets ............................................................................................... 4
Section 13. Right of Inspection .................................................................................................4
Section 14. Stewardship and Monitoring .................................................................................. 5
Section 15. Debarment Certification.. ......... ............ ................. .......... ................. ...................... 5
D. Funding, Reimbursements
Section 16. Project Funding ...................................................................................................... 5
Section 17. Project Reimbursements........................................................................................ 5
Section 18. Advance Payments ................................................................................................ 5
Section 19. Non-availability of Funds........................ .............. ........... ...... .......... ............ ...........6
Section 20. Recovery of Payments.. ..... ....... ....... ....... .................... ...... ...... .............. .......... .......6
Section 21. Covenant Against Contingent Fees ....................................................................... 6
E. Acquisition and/or Development/Restoration
Section 22. Provisions Applying to DevelopmenURestoration Projects.................................... 6
Section 23. Provisions Applying to Acquisition Projects ...........................................................7
Section 24. Hazardous Substances..........................................................................................7
F. Facility Uses and Fees
Section 25. Restriction on Conversion of Facility to Other Uses .............................................. 8
Section 26. Construction, Operation, Use and Maintenance of Assisted Projects ................... 9
Section 27. Income and Income Use ........................................................................................ 9
Section 28. Preferences for Residents .....................................................................................9
G. Special Provisions
Section 29.
Section 30.
Section 31 .
Provisions Related to Non-Profit or Not-For-Profit Sponsors .............................. 10
Liability Insurance Requirements for Firearm Range Sponsors ..........................10
Requirements of the National Park Service ......................................................... 10
H. Remedies and Disputes
Section 32. Order of Precedence............................................................................................11
Section 33. Amendments... .... .... .......................... ... ........ ..................... ...... ................. ............ 11
Section 34. Limitation of Authority .......................................................................................... 11
Section 35. Waiver of Default.. .......... ......... ....................... ...... ................. ...... ..... ....... ............. 11
Section 36. Application Representations-Misrepresentations or Inaccuracy or Breach ......11
Section 37. Termination and Other Remedies .......................................................................11
Section 38. Termination for Convenience ............................................................................... 12
Section 39. Dispute Hearing ..... .... ......... ........ ............ ...... ........ ..... ......... ............ ........ ..... ........ 12
Section 40. Attorneys' Fees ... ......... .................................. ....... .... ........ ................ ................... 12
Section 41. Governing lawNenue ......................................................................................... 13
Section 42. Severability......... .......... ..................... .......... ..... .......... ...... .......... ............. ............. 13
April 15, 2002 - Page 1
General Provisions
SECTION 1. HEADINGS AND DEFINITIONS
A. Headings used in this Agreement are for reference purposes only and shall not be considered a
substantive part of this Agreement.
B. Definitions. As used throughout this Agreement, the following terms shall have the meaning set
forth below:
Acquisition - The gaining of rights of public ownership by purchase, negotiation, or other means, of
fee or less than fee interests in real property.
Agreement - The accord accepted by all parties to the present transaction; the Agreement,
supplemental agreement, intergovernmental agreement, monitoring plan, and/or a landowner
agreement between the Funding Board and a Sponsor.
Applicant - Any agency or organization that meets the qualifying standards, including deadlines,
for submission of an application soliciting a grant of funds from the Funding Board.
Application - The forms and support documents approved by the Funding Board or its Director for
use by applicants in soliciting project funds administered by the Office.
Asset - Equipment purchased by the Sponsor or acquired or transferred to the Sponsor for the
purpose of this Agreement. This definition is restricted to non-fixed assets, such as vehicles,
computers or machinery.
Contractor - shall mean one not in the employment of the Sponsor who is performing all or part of
the eligible activities for this projects under a separate Agreement with the Sponsor. The term
"Contractor" and "Contractors" means Contractor( s) in any tier.
Development/Restoration - The construction, renovation, redevelopment, or installation of
facilities to provide for outdoor recreation or natural resources.
Director - The Office Director or the Director's designee.
Funding Board - As identified in Paragraph A in the Agreement as either the (1) Interagency
Committee for Outdoor Recreation (lAC) - The committee created under Chapter 79A.25.11 0 RCW
includes eight members. Three are agency heads: the Commissioner of Public Lands, the Director
of Parks and Recreation, and the Director of Fish and Wildlife (or their designees). Five, by
appointment of the Governor with the advice and consent of the Senate, are members of the public
at large who have demonstrated interest in and a general knowledge of outdoor recreation in the
state; (2) Salmon Recovery Funding Board (SRFB) - The Board created under Chapter 77.85.110
RCW, is comprised of five governor-appointed voting members (one a cabinet-level appointment)
and five non-voting state officials: the Commissioner of Public Lands, the Secretary of
Transportation, the Director of the Conservation Commission, the Director of Fish and Wildlife, and
the Director of Ecology (or their designees); or (3) Hatchery Scientific Review Group (HSRG) - The
independent Board established by Congress to ensure hatchery reform programs in Puget Sound
and Coastal Washington are scientifically founded and evaluated.
Office - Office of the Interagency Committee - The Office provides support to the lAC, SRFB,
and HSRG. The Office includes the Director and personnel, created by Chapters 79A.25.11 0 and
79A.25. 150 RCW and charged with administering this Agreement by Chapters 77 .85.110 and
79A.25.240 RCW.
landowner Agreement - A landowner agreement is required between a Sponsor and landowner
for projects located on land not owned, or otherwise controlled, by the Sponsor for salmon recovery
projects.
Milestone - Important date(s) tracked in the Agreement for monitoring the Project status.
Period of Performance - The time period specified in the Agreement, under Section E, Period of
Performance.
Post Evaluation Summary - One of the documents used to summarize and describe the actions
untaken in the Agreement.
Project - The undertaking that is the subject of this Agreement and that is, or may be, funded in
whole or in part with funds administered by the Office on behalf of the Funding Board.
Sponsor - The applicant who has been awarded a grant of funds and is bound by this executed
Agreement; includes its officers, employees and agents.
April 15, 2002 - Page 2
General Provisions
SECTION 2. PERFORMANCE BY THE SPONSOR
The Sponsor shall undertake the Project as described in this Agreement, Post Evaluation Summary, the
Sponsor's application, and in accordance with the Sponsor's proposed goals and objectives described in
the application or documents submitted with the application, all as finally approved by the Funding Board.
All submitted documents are incorporated by this reference as if fully set forth herein. The Order of
Precedence is covered in Section 26.
Timely completion of the Project is important. Failure to do so, as set out in this Agreement, is a material
breach of the Agreement.
SECTION 3. ASSIGNMENT
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
the Sponsor without prior written consent of the Funding Board.
SECTION 4. RESPONSIBILITY FOR PROJECT
While the Funding Board undertakes to assist the Sponsor with the Project by providing a grant pursuant
to this Agreement, the Project itself remains the sole responsibility of the Sponsor. The Funding Board
undertakes no responsibilities to the Sponsor, or to any third party, other than as is expressly set out in
this Agreement. The responsibility for the implementation of the Project, as those phases are applicable
to this Project, is solely that of the Sponsor, as is responsibility for any claim or suit of any nature by any
third party related in any way to the Project.
SECTION 5. INDEMNIFICATION
To the fullest extent permitted by the law, the Sponsor expressly agrees to and shall indemnify, defend
and hold harmless the State and its agencies, officials, agents and employees from and against all
claims, actions, costs, damages, or expenses of any nature arising out of or incident to the Sponsor's or
any Contractor's performance or failure to perform the Agreement. Sponsor's obligation to indemnify,
defend and hold harmless also includes any claim by Sponsor's agents, employees, representatives or
any Contractor or its employees. Sponsor's obligation to defend includes payment of any costs or
attorneys' fees. Sponsor's obligation shall not include such claims that may be caused by the sole
negligence of the State and its agencies, officials, agents, and employees. If the claims or damages are
caused by or result from the concurrent negligence of (a) the State, its agents or employees and (b) the
Sponsor, its Contractors, agents, or employees, this indemnity provision shall be valid and enforceable
only to the extent of the negligence of the Sponsor or its Contractors, agents, or employees. The Sponsor
expressly agrees to waive his/her immunity under Title 51 RCW to the extent required to indemnify,
defend, and hold harmless the State and its agencies, officials, agents or employees.
SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR
The Sponsor and its employees or agents performing under this Agreement are not employees or agents
of the Funding Board or the Office. The Sponsor will not hold itself out as nor claim to be an officer or
employee of the Office or of the state of Washington by reason hereof, nor will the Sponsor make any
claim of right, privilege or benefit which would accrue to an employee under Chapters 41.06 or 288.16
RCW.
The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of
any kind required by federal, state, and/or local laws.
SECTION 7. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the Office may, in its
sole discretion, by written notice to the Sponsor terminate this Agreement if it is found after due notice
and examination by the Office that there is a violation of the Ethics in Public Service Act, Chapter 42.52
RCW; or any similar statute involving the Sponsor in the procurement of, or performance under this
Agreement. In the event this Agreement is terminated as provided above, the Office shall be entitled to
pursue the same remedies against the Sponsor as it could pursue in the event of a breach of the
April 15, 2002 - Page 3
General Provisions
Agreement by the Sponsor. The rights and remedies of the Office provided for in this clause shall not be
exclusive and are in addition to any other rights and remedies provided by law. The existence of facts
upon which the Office makes any determination under this clause shall be an issue and may be reviewed
as provided in the "Disputes Hearing" clause of this Agreement.
In the event this Agreement is terminated as provided above, the Funding Board or the Office shall be
entitled to pursue the same remedies against the Sponsor as it could pursue in the event of a breach of
the Agreement by the Sponsor. The rights and remedies of the Funding Board or the Office provided for
in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law.
The existence of facts upon which the Funding Board or the Office makes any determination under this
clause may be reviewed as provided in the "Disputes" clause of this Agreement.
SECTION 8. ACKNOWLEDGMENT AND SIGNS
A. Publications. The Sponsor shall include language which acknowledges the funding contribution of the
program to this Project in any release or other publication developed or modified for, or referring to,
the Project.
B. Signs. The Sponsor also shall post signs or other appropriate media at Project entrances and other
locations on the Project which acknowledge the program's funding contribution, unless exempted in
Funding Board policy or waived by the Director.
C. Ceremonies. The Sponsor shall notify the Office no later than two weeks before a dedication
ceremony for this Project. The Sponsor shall verbally acknowledge the program's funding contribution
at all dedication ceremonies.
D. Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid
solicitations, and other documents describing a project funded in whole or in part with federal money
provided for in this grant, Sponsors shall clearly state:
1. The percentage of the total costs of the Project that is financed with federal money;
2. The dollar amount of federal funds for the Project; and
3. The percentage and dollar amount of the total costs of the Project that is financed by
nongovernmental sources.
SECTION 9. COMPLIANCE WITH APPLICABLE LAW
The Sponsor will implement the Agreement in accordance with applicable federal, state, and local laws
and regulations.
The Sponsor shall comply with, and the Office is not responsible for determining compliance with, any
and all applicable federal, state, and local laws, regulations, and/or policies, including, but not limited to,
State Environmental Policy Act; Industrial Insurance Coverage; Architectural Barriers Act; permits
(shoreline, Hydraulics Project Approval, demolition); land use regulations (comprehensive areas
ordinances, Growth Management Act); federal and state safety and health regulations (Occupational
Safety and Health Administration/Washington Industrial Safety and Health Act); and Buy American Act.
The Sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or
policies, including but not limited to, the Americans with Disabilities Act; Civil Rights Act; and the Age
Discrimination Act. In the event of the Sponsor's noncompliance or refusal to comply with any
nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in
part, and the Sponsor may be declared ineligible for further grant a\IYards from the Funding Board. The
Sponsor is responsible for any and all costs or liability arising from the Sponsor's failure to so comply with
applicable law.
No part of any funds provided under this grant shall be used, other than for normal and recognized
executive-legislative relationships, for publicity or propaganda purposes, or for the preparation,
distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation
designed to support or defeat legislation pending before the U.S. Congress or any state legislature.
April 15, 2002 - Page 4
General Provisions
No part of any funds provided under this grant shall be used to pay the salary or expenses of any
Sponsor, or agent acting for such Sponsor, related to any activity designed to influence legislation .or
appropriations pending before the U.S. Congress or any state legislature.
For habitat restoration projects funded in part or whole with National Marine Fisheries Service funding,
Sponsor shall not commence with clearing of riparian trees or in-water work unless and until an ESA
consultation is completed and delivered by National Marine Fisheries Service to the Sponsor. Violation of
this paragraph shall not be the basis for any enforcement responsibility by the lAC.
SECTION 10. RECORDS MAINTENANCE
The Sponsor shall maintain books, records, documents, data and other evidence relating to this
Agreement and performance of the services described herein, including but not limited to accounting
procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this Agreement. Sponsor shall retain such records for a period of six
years following the date of final payment. At no additional cost, these records, including materials
generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by
the Office, personnel duly authorized by the Office, the Office of the State Auditor, and federal and state
officials so authorized by law, regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall
be retained until all litigation, claims, or audit findings involving the records have been resolved.
SECTION 11. ACCESS TO DATA
In compliance with chapter 39.29 RCW, the Sponsor shall provide access to data generated under this
Agreement to the Office, the Joint Legislative Audit and Review Committee, and the State Auditor at no
additional cost. This includes access to all information that supports the findings, conclusions, and
recommendations of the Sponsor's reports, including computer models and methodology for those
models. .
SECTION 12. TREATMENT OF ASSETS
A. Assets shall remain in the possession of the Sponsor for the duration of the project or program. When
the Sponsor discontinues use of the asset(s) for the purpose for which it was funded, the Office will
require the Sponsor deliver the asset(s) to the Office, dispose of the asset according to agency
policies, or return the fair market value of the asset(s) to the Office. Assets shall be used only for the
purpose of this Agreement, unless otherwise provided herein or approved by the Office in writing.
B. The Sponsor shall be responsible for any loss or damage to assets which results from the negligence
of the Sponsor or which results from the failure on the part of the Sponsor to maintain and administer
that property in accordance with sound management practices.
SECTION 13. RIGHT OF INSPECTION
The Sponsor shall provide right of access to its facilities to the Office, or any of its officers, or to any other
authorized agent or official of the state of Washington or the federal government, at all reasonable times,
in order to monitor and evaluate performance, compliance, and/or quality assurance under this
Agreement.
If a Landowner Agreement has been executed, it may further stipulate and define the Funding Board and
the Office's right to inspect and access lands acquired or developed with Funding Board assistance.
April 15, 2002 - Page 5
General Provisions
SECTION 14. STEWARDSHIP AND MONITORING
Sponsor agrees to perform monitoring and stewardship functions as stated in the monitoring and
stewardship plans as approved by the Funding Board or the Office. Sponsor further agrees to utilize,
where applicable and financially feasible, any monitoring protocols recommended by the Funding Board.
SECTION 15. DEBARMENT CERTIFICATION
The Sponsor certifies it is not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in this Agreement by any Federal department or
agency. If requested by the Office, the Sponsor shall complete a Certification Regarding Debarment,
Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the Sponsor for this
Agreement shall be incorporated into this Agreement by reference.
SECTION 16. PROJECT FUNDING
A. Additional Amounts. The Funding Board shall not be obligated to pay any amount beyond the dollar
amount as identified in this Agreement, unless an additional amount has been approved in advance
by the Funding Board or Director and incorporated by written amendment into this Agreement.
B. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the
effective date of this Agreement shall be eligible for grant funds, in whole or in part, unless specifically
provided for by Funding Board policy. The dollar amounts identified in this Agreement may be
reduced as necessary to exclude any such expenditure from reimbursement.
C. After the Period of Performance. No expenditure made, or obligation incurred, following the period of
performance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy
the Funding Board may have under this Agreement, the amounts identified in this Agreement shall be
reduced to exclude any such expenditure from participation.
SECTION 17. PROJECT REIMBURSEMENTS
A. Compliance and Payment. The obligation of the Office to pay any amount(s) under this Agreement is
expressly conditioned upon strict compliance with the terms of this Agreement by the Sponsor.
B. Compliance and Retainage. The Office reserves the right to withhold disbursement of the final ten
percent (10%) of the total amount of the grant to the Sponsor until the Project has been completed
and approved by the Director. A Project is considered "complete" when:
1. all approved or required activities outlined in the Agreement are complete;
2. on-site signs are in place (if applicable);
3. a final Project report is submitted to the Office with the Sponsor's final request for reimbursement;
4. the completed Project has been approved by the Office;
5. final amendments have been processed; and
6. fiscal transactions are complete.
C. Invoice Frequency. Invoices are required at least once a quarter from state agency sponsors and at
least once a year from all other sponsors. The year-end invoice should include expenditures through
June 30, the last day of the State's fiscal year and be submitted no later than July 15th. Final
reimbursement requests should be submitted to the Office within ninety (90) days of the completion of
the Project, funding end date, or the termination date, whichever comes first.
SECTION 18. ADVANCE PAYMENTS
Advance payments of or in anticipation of goods or services to be provided under this Agreement are
limited to salmon grants and must comply with SRFB policy.
April 15, 2002 - Page 6
General Provisions
SECTION 19. NON-AVAILABILITY OF FUNDS
If amounts sufficient to fund the grant made under this Agreement are not appropriated by the
Washington State Legislature, or if such funds are not allocated by the Washington State Office of
Financial Management (OFM) to the Office for expenditure for this Agreement in any biennial fiscal
period, the Office shall not be obligated to pay any remaining unpaid portion of this grant unless and until
the necessary action by the Legislature or OFM occurs. If the Office participation is suspended under this
section for a continuous period of one year, the Office's obligation to provide any future funding under this
Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by
the Sponsor.
SECTION 20. RECOVERY OF PAYMENTS
In the event that the Sponsor fails to expend funds under this Agreement in accordance with state and
federal laws, and/or the provisions of the Agreement, the Office reserves the right to recover grant award
funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available
at law or in equity.
The Sponsor shall reimburse the Office for any overpayment or erroneous payments made under the
Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30
days of demand by the Office. Interest shall accrue at the rate of twelve percent (12%) per annum from
the time that payment becomes due and owing.
SECTION 21. COVENANT AGAINST CONTINGENT FEES
The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure
this Agreement upon an agreement or understanding for a commission, percentage, brokerage or
contingent fee, excepting bona fide employees or bona fide established agents maintained by the
Sponsor for the purpose of securing business. The Office shall have the right, in the event of breach of
this clause by the Sponsor, to annul this Agreement without liability or, in its discretion, to deduct from the
Agreement price or consideration or recover by other means the full amount of such commission,
percentage, brokerage or contingent fee.
SECTION 22. PROVISIONS APPLYING TO DEVELOPMENT/RESTORATION PROJECTS
The following provisions shall be in force only if the Project described in this Agreement is for
development/restoration of land or facilities for outdoor recreation, habitat conservation, or salmon
recovery:
A. Construction Document Review and Approval. The Sponsor agrees to submit one copy of all
construction plans and specifications to the Office for review. Review and approval by the Office will
be for compliance with the terms of this Agreement.
B. Contracts for Construction. Sponsor shall award all contracts for construction using whatever method
is appropriate and legal for the Sponsor.
C. Construction Contract Change Order. Only change orders that significantly reduce or change the
scope of the Project as described to and approved by the Funding Board or the Office must receive
prior written approval.
D. Control and Tenure. Appropriate control and tenure of the land proposed for use must be executed
and documented.
E. Nondiscrimination. Except where a nondiscrimination clause required by a federal funding agency is
used, the Sponsor shall insert the following nondiscrimination clause in each contract for construction
of this Project:
"During the performance of this contract, the Sponsor agrees to comply with
all federal and state nondiscrimination laws, regulations and policies."
April 15, 2002 - Page 7
General Provisions
SECTION 23. PROVISIONS APPLYING TO ACQUISITION PROJECTS
The following provisions shall be in force only if the Project described in this Agreement is for the
acquisition of interest in real property for outdoor recreation, habitat conservation, or salmon recovery
purposes:
A. Evidence of Land Value. Before disbursement of funds by the Office as provided under this
Agreement, the Sponsor agrees to supply evidence to the Office that the land acquisition cost has
been established per Funding Board policy.
B. Evidence of Title. The Sponsor agrees to show the type of ownership interest for the property that has
been acquired. This shall be done before any payment of financial assistance.
C. Deed of Right to Use Land for Public Purposes. The Sponsor agrees to execute an instrument or
instruments which contain:
1. The legal description of the property acquired under this Agreement;
2. A conveyance to the State of Washington of the right to use the described real property forever
for the purpose identified in the Agreement; and
3. A requirement to comply with applicable statutes, rules, and the Funding Board policies with
respect to conversion of use.
D. Assignment of Right. When acquiring a conservation easement, the Sponsor agrees to execute an
instrument or instruments that contain:
1. The legal description of the conservation easement acquired under this Agreement;
2. An assignment to the State of certain rights for access to and stewardship of the property covered
by the conservation easement;
3. Acknowledgement of the right of the Funding Board and the Office for enforcement of the
provisions of the conservation easement; and
4. A statement that the Sponsor will retain all responsibility for obligations under the terms of the
conservation easement.
E. Real Property Acquisition and Relocation Assistance
1. When federal funds are part of this Agreement, the Sponsor agrees to comply with the terms and
conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, 84 Stat. 1894 (1970)--Public Law 91-646, as amended by the Surface Transportation and
Uniform Relocation Assistance Act, PL 100-17-1987, and applicable regulations and procedures
of the federal agency implementing that Act.
2. When state funds are part of this Agreement, the Sponsor, if required by law, agrees to comply
with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition
Policy of the State of Washington, Chapter 8.26.010 RCW), and Chapter 468-100 WAC.
3. Housing and Relocation. In the event that housing and relocation costs, as required by federal
law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved
in the execution of this Project, the Sponsor agrees to provide any housing and relocation
assistance required.
SECTION 24. HAZARDOUS SUBSTANCES
A. Definition. "Hazardous substance," as defined in Chapter 70.1050.020 (7) RCW, means:
1. Any dangerous or extremely hazardous waste as defined in Chapter 70.105.010(5) and (6) RCW,
or any dangerous or extremely dangerous waste designated by rule pursuant to Chapter 70.105
RCW;
2. Any hazardous substance as defined in Chapter 70.105.010(14) RCW or any hazardous
substance as defined by rule pursuant to Chapter 70.105. RCW;
3. Any substance that, on March 1, 1989, is a hazardous substance under section 101 (14) of the
federal cleanup law, 42 U.S.C. Sec. 9601(14);
4. Petroleum or petroleum products; and
April 15, 2002 - Page 8
General Provisions
5. Any substance or category of substances, including solid waste decomposition products,
determined by the director [or director's designee of the department of ecology] by rule to present
a threat to human health or the environment if released into the environment.
6. The term hazardous substance does not include any of the following when contained in an
underground storage tank from which there is not a release: Crude oil or any fraction thereof or
petroleum, if the tank is in compliance with all applicable federal, state, and local law.
B. Certification. The Sponsor shall inspect, investigate, and conduct an environmental audit of the
proposed acquisition site for the presence of hazardous substances and certify:
(1) No hazardous substances were found on the site, or
(2) Any hazardous substances found have been treated and/or disposed of in compliance with
applicable state and federal laws, and the site deemed "clean."
C. Responsibility. Nothing in this provision alters the Sponsor's duties and liabilities regarding hazardous
substances as set forth in Chapter 70:1050 RCW.
D. Hold Harmless. The Sponsor will defend, protect and hold harmless the Office and any and all of its
employees and/or agents, from and against any and all liability, cost (including but not limited to all
costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or
suits resulting from the presence of, or the release or threatened release of, hazardous substances
on the property being acquired.
SECTION 25. RESTRICTION ON CONVERSION OF FACILITY TO OTHER USES
The Sponsor shall not at any time convert any real property acquired or any facility developed pursuant to
this Agreement to uses other than those purposes for which assistance was originally approved, without
the approval of the Funding Board or Director, in compliance with applicable statutes, rules, and Funding
Board policies as identified in this Agreement. It is the intent of Funding Board's conversion policy that all
lands acquired and all lands developed with funding assistance from the Funding Board remain in the
public domain in perpetuity unless otherwise identified in the Agreement.
A. By Funding Board policy a conversion may occur under any of the following circumstances:
1. Conveyance. Property interests are conveyed for purposes inconsistent with the intent of the
Agreement and the funding source.
2. Use. Non-eligible uses (public or private) are made of the Project area, or portion thereof.
3. Eligibility. Non-eligible facilities are developed within the Project area without prior approval of the
Funding Board or the Office.
4. Termination of Use/Non-Conformance. The property acquired or project developed no longer
meets or conforms to the intent of the Agreement or the funding source.
B. Element Change. When approved by the Funding Board or Director, certain elements may be deleted
from the Agreement without invoking the requirement to replace the elements. Such deletions are
allowed when the Funding Board or Director determines that the elements are not needed or cannot
be retained due to one or more of the following conditions:
1. Obsolescence
2. Extraordinary vandalism
3. Acts of Nature
4. Designed life expectancy reached
5. Fire
6. Property or property rights lost as a result of legal action
7. ICC National Trails System Act reversion order (Nationa/ Trai/s System Act 8(d), 16 u.S.C. ~
1247(d}; WAC 286-27-060(2}).
April 15, 2002 - Page 9
General Provisions
SECTION 26. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED
PROJECTS
Sponsors must ensure that properties or facilities assisted with Funding Board funds, including
undeveloped sites, are built, operated, used, and maintained:
A. According to applicable federal, state, and local laws and regulations, including public health
standards and building codes.
B. In a reasonably safe condition for the project's intended use.
C. Throughout its estimated life so as to prevent undue deterioration.
D. In compliance with all federal and state nondiscrimination laws, regulations and policies.
Facilities open to the public must:
E. Follow all state and federal accessibility guidelines.
F. Appear attractive and inviting to the public except for brief installation, construction, or maintenance
periods.
G. Be available for use at reasonable hours and times of the year, according to the type of area or
facility.
SECTION 27. INCOME AND INCOME USE
A. Income.
1. Compatible source. The source of any income generated in a Funding Board assisted Project or
project area must be compatible with the funding source and the Agreement.
2. Fees. User and/or other fees may be charged in connection with land acquired or facilities
developed with Funding Board grants if the fees are consistent with the:
(a) Value of any service(s) furnished;
(b) Value of any opportunity(ies) furnished; and
(c) Prevailing range of public fees in the state for the activity involved.
Excepted are Firearms and Archery Range Recreation Program safety classes (firearm and/or
hunter) for which a facility/range fee must not be charged (Chapter 79A.252.210 RCW).
B. Income use. Regardless of whether income or fees in a Funding Board-assisted area (including
entrance, utility corridor permit, cattle grazing, timber harvesting, farming, etc.) are gained during or
after the reimbursement period cited in the Agreement, unless precluded by state law, the revenue
may only be used to offset:
1. the Sponsor's matching funds; and/or
2. the Project's total cost; and/or
3. the expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or
program assisted by the Funding Board grant; and/or
4. the expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar
. units in the Sponsor's system; and/or
5. capital expenses for similar acquisition and/or development.
SECTION 28. PREFERENCES FOR RESIDENTS
Sponsors shall not express a preference for users of grant assisted projects on the basis of residence
(including preferential reservation, membership, and/or permit systems) except that reasonable
differences in admission and other fees may be maintained on the basis of residence. Even so, the
Funding Board discourages the imposition of differential fees. Fees for nonresidents must not exceed
twice the fee imposed on residents. Where there is no fee for residents but a fee is charged to
nonresidents, the nonresident fee shall not exceed the amount that would be imposed on residents at
comparable state or local public facilities.
April 15, 2002 - Page 10
General Provisions
SECTION 29. PROVISIONS RELATED TO NON-PROFIT OR NOT-FOR-PROFIT SPONSORS
A non-profit or not-for-profit organization sponsor shall:
A. Maintain a non-profit or not-for-profit status (including registering with the Washington Secretary of
State) throughout the Sponsor's obligation to the Project as identified in this Agreement.
B. Notify the Office prior to dissolution and within 30 days of dissolution the Sponsor shall name a
qualified successor that will agree in writing to assume anyon-going project responsibilities. A
qualified successor is any party eligible to apply for funds in the subject grant program and capable of
complying with the terms and conditions of this Agreement. The Office will process an amendment
transferring the Sponsor's obligation to the qualified successor.
C. Provide for operation and maintenance of the project. Should the Sponsor fail in this obligation for any
reason, the Project will be considered converted or a failed project, and be subject to all remedies
available to the Funding Board and the Office.
SECTION 30. LIABILITY INSURANCE REQUIREMENTS FOR FIREARM RANGE SPONSORS
A. The Sponsor 1 shall procure an endorsement, or other addition, to liability insurance it may currently
carry, or shall procure a new policy of liability insurance, in a total coverage amount the Sponsor
deems adequate to ensure it will have resources to pay successful claims of persons who may be
killed or injured, or suffer damage to property, while present at the range facility to which this grant is
related, or by reason of being in the vicinity of that facility; provided that the coverage shall be at least
one million dollars ($1,000,000) for the death of, or injury to, each person.
B. The liability insurance policy, including any endorsement or addition, shall name Washington State,
the Funding Board, and the Office as additional insureds and shall be in a form approved by the
Funding Board or Director.
C. The policy, endorsement or other addition, or a similar liability insurance policy meeting the
requirements of this section, shall be kept in force throughout the Sponsor's obligation to the Project
as identified in this Agreement.
D. The policy, as modified by any endorsement or other addition, shall provide that the issuing company
shall give written notice to the Office not less than thirty (30) calendar days in advance of any
cancellation of the policy by the insurer, and within ten (10) calendar days following any termination of
the policy by the Sponsor.
E. The requirement of Subsection A through D above shall not apply if the Sponsor is a federal, state,
or municipal government which has established a program of self-insurance or a policy of seif-
insurance with respect to claims arising from its facilities or activities generally, including such
facilities as firearms or archery ranges, when the applicant declares and describes that program or
policy as a part of its application to the Funding Board.
F. By this requirement, the Funding Board and the Office does not assume any duty to any individual
person with respect to death, injury, or damage to property which that person may suffer while
present at, or in the vicinity of, the facility to which this grant relates. Any such person, or any other
person making claims based upon such death, injury, or damage, must look to the Sponsor, or
others, for any and all remedies that may be available by law.
SECTION 31. REQUIREMENTS OF THE NATIONAL PARK SERVICE
If the Project has been approved by the National Park Service, United States Department of the Interior,
for assistance from the Federal Land and Water Conservation Fund (LWCF), the Agreement General
Provisions in Section 660.3 Attachment B of the L&WCF Grants-in-Aid Manual as now existing or
hereafter amended are made part of this Agreement, and the Sponsor shall also abide by these
Agreement General Provisions. Further, the Sponsor agrees to provide the Office with reports or
documents needed to meet the requirements of the Agreement or Section 660.3 Attachment B of the
L& WCF Grants-in-Aid Manual.
1 As used in this Section, Sponsor refers to Firearms Range Sponsors.
April 15, 2002 - Page 11
General Provisions
SECTION 32. ORDER OF PRECEDENCE
This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and
state laws. The provisions of the Agreement shall be construed to conform to those laws. In the event of
an inconsistency in the terms of this Agreement, or between its terms and any applicable statute, rule, or
policy or procedure, the inconsistency shall be resolved by giving precedence in the following order:
A. Applicable federal and/or state statutes, regulations, policies and procedures including applicable
federal Office of Management and Budget (OMB) circulars and federal and state executive orders;
B. Project Agreement including attachments;
C. Additional Provisions or Modifications of General Provisions;
D. General Provisions.
SECTION 33. AMENDMENTS
This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
SECTION 34. LIMITATION OF AUTHORITY
Only the Office or Office's delegate by writing (delegation to be made prior to action) shall have the
express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this
Agreement. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of
this Agreement is not effective or binding unless made in writing and signed by the Office.
SECTION 35. WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of
any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach
and shall not be constru"ed to be a modification of the terms of the Agreement unless stated to be such in
writing, signed by the Director, or the Director's designee, and attached to the original Agreement.
SECTION 36. APPLICATION REPRESENTATIONS -- MISREPRESENTATIONS OR INACCURACY
OR BREACH
The Funding Board and the Office rely upon the Sponsor's application in making its determinations as to
eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any
part of the application may be deemed a breach of this Agreement.
SECTION 37. TERMINATION AND OTHER REMEDIES
The Funding Board and the Office may require strict compliance by the Sponsor with the terms of this
Agreement including, but not limited to, the requirements of the applicable statutes, rules and Funding
Board policies which are incorporated into this Agreement, and with the representations of the Sponsor in
its application for a grant as finally approved by the Funding Board.
The Funding Board or the Director, may suspend, or may terminate, the obligation to provide funding to
the Sponsor under this Agreement:
A. In the event of any breach by the Sponsor of any of the Sponsor's obligations under this Agreement;
or
B. If the Sponsor fails to make progress satisfactory to the Funding Board or Director toward completion
of the Project by the completion date set out in this Agreement.
In the event this Agreement is terminated by the Funding Board or Director, under this section or any
other section after any portion of the grant amount has been paid to the Sponsor under this Agreement,
the Funding Board or Director may require that any amount paid be repaid to the Office for redeposit into
the account from which the funds were derived.
April 15, 2002 - Page 12
General Provisions
The Funding Board and the Office may enforce this Agreement by the remedy of specific performance,
which usually will mean completion of the Project as described in this Agreement. However, the remedy
of specific performance shall not be the sole or exclusive remedy available to the Office. No remedy
available to the Funding Board or the Office shall be deemed exclusive. The Funding Board or the Office
may elect to exercise any, any combination, or all of the remedies available to it under this Agreement, or
under any provision of law, common law, or equity.
SECTION 38. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Agreement, the Office may, by ten (10) days written notice,
beginning on the second day after the mailing, terminate this Agreement, in whole or in part. If this
Agreement is so terminated, the Office shall be liable only for payment required under the terms of this
Agreement for services rendered or goods delivered prior to the effective date of termination.
SECTION 39. DISPUTE HEARING
Except as may otherwise be provided in this Agreement, when a dispute arises between the Sponsor and
the Funding Board, which cannot be resolved, either party may request a dispute hearing according to the
process set out in this section. Either party's request for a dispute hearing must be in writing and clearly
state:
A. The disputed issues;
B. The relative positions of the parties;
C. The Sponsor's name, address, project title, and the assigned project number.
In order for this section to apply to the resolution of any specific dispute or disputes, the other party must
agree in writing that the procedure under this section shall be used to resolve those specific issues. The
dispute shall be heard by a panel of three persons consisting of one person chosen by the Sponsor, one
person chosen by the Director, and a third person chosen by the two persons initially appointed. If a third
person cannot be agreed upon, the third person shall be chosen by the Funding Board's Chair.
Any hearing under this section shall be informal, with the specific processes to be determined by the
disputes panel according to the nature and complexity of the issues involved. The process may be solely
based upon written material if the parties so agree. The disputes panel shall be governed by the
provisions of this Agreement in deciding the disputes.
The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that
panel shall be without the authority of either or both parties to perform, as necessary, or is otherwise
unlawful.
Request for a disputes hearing under this section by either party shall be delivered or mailed to the other
party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has
received notice of the action or position of the other party which it wishes to dispute. The written
agreement to use the process under this section for resolution of those issues shall be delivered or
mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving
party of the request.
All costs associated with the implementation of this process shall be shared equally by the parties.
SECTION 40. ATTORNEYS' FEES
If either party brings litigation to enforce any term or condition of this Agreement, or as a result of this
Agreement, the prevailing party shall be awarded its reasonable attorneys' fees together with necessary
fees, expenses, and costs incurred for such litigation at both trial and appellate levels, as well as in
obtaining execution of judgment. The reasonableness of such costs and attorneys' fees shall be
determined by the court and not a jury.
April 15, 2002 - Page 13
General Provisions
SECTION 41. GOVERNING LAWNENUE
This Agreement shall be construed and interpreted in accordance with the laws of the State of
Washington. In the event of a lawsuit involving this Agreement, venue shall be proper only in Thurston
County Superior Court. The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the
courts of the State of Washington.
In the cases where this agreement is between the Funding Board and a federally recognized Indian tribe,
the following Governing LawNenue applies:
A. The State of Washington agrees that it shall initiate any lawsuit against a federally recognized Indian
tribe arising out of or relating to the performance, breach or enforcement of this agreement in Federal
Court. Interpretation shall be according to the law of the State of Washington. In the event that the
Federal Court determines that it lacks subject matter jurisdiction to resolve the dispute between the
State and Tribal Party, then the parties agree to venue in Thurston County Superior Court, but the
parties agree that the matter shall not be pursued in superior court unless there is a Federal Court
determination that it lacks subject matter jurisdiction.
B. Any judicial award, determination, order, decree or other relief, whether in law or equity or otherwise,
resulting from the action shall be binding and enforceable upon the parties. Any money judgment or
award against the Tribe, tribal officers and members, or the State of Washington and its officers and
employees may not exceed the amount provided for in Section F- Project Funding of the Agreement.
C. The Tribe hereby waives its sovereign immunity as necessary to give effect to this section, and the
State of Washington has waived its immunity to suit in state court. These waivers are only for the
benefit of the Tribe and State and shall not be enforceable by any third party or by any assignee or
delegate of the parties. In any enforcement action, the parties shall bear their own enforcement costs,
including attorneys' fees.
SECTION 42. SEVERABILITY
The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the
Agreement.
WWRP Project Agreement
Outdoor Recreation Account
Project Sponsor:
Project Title:
City of Bremerton
Bremerton Boardwalk Trail
Project Number: 06-1801 D
Approval Date: 6/7/2007
A. PARTIES OF THE AGREEMENT
This Project Grant Agreement (Agreement) is entered into between the Recreation and Conservation Funding Board
(RCFB), P.O. Box 40917, Olympia, Washington 98504-0917 and City of Bremerton, 345 6th St Ste 600, Bremerton,
WA 98337 (Sponsor) and shall be binding upon the agents and all persons acting by or through the parties.
B. PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the Outdoor Recreation Account of
the State of Washington's General Fund. The grant is administered by the RCFB to the Sponsor for the project
named above.
C. DESCRIPTION OF PROJECT
The subject Project is described on the attached Project Summary.
D. TERM OF AGREEMENT
The Project Sponsor's on-going obligation for the above project is perpetual unless otherwise identified in this
Agreement.
E. PERIOD OF PERFORMANCE
The Project reimbursement period shall begin on October 1,2007 and end on June 30, 2010. No expenditure made
before or after this period is eligible for reimbursement unless incorporated by written amendment into this
Agreement.
F. PROJECT FUNDING
The total grant award provided by the RCFB for this project shall not exceed $2,000,000.00. The RCFB shall not pay
any amount beyond that approved for funding of the project. The Sponsor shall be responsible for all total project
costs that exceed this amount. The contribution by the Sponsor toward work on this project at a minimum shall be as
indicated below:
Percentage Dollar Amount
ReFS - WWRP - Trails 24.29% $2,000,000.00
Project Sponsor 75.71% $6,233,879.00
Total Project Cost 100.00% $8,233,879.00
G. RIGHTS AND OBLlGA TlONS
All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments, including
the Sponsor's Application, Project Summary, Eligible Reimbursement Activities Report, Project Milestones, and the
General Provisions, all of which are attached hereto and incorporated herein.
Except as provided herein, no alteration of any of the terms or conditions of this Agreement will be effective unless
provided in writing. All such alterations, except those concerning the period of performance, must be signed by both
parties. Period of performance extensions need only be signed by RCO's Director.
The Sponsor has read, fully understands and agrees to be bound by all terms and conditions as set forth in these
documents.
H. COMPLIANCE WITH APPLICABLE STA TUTES. RULES. AND RCO POLICIES
This Agreement is governed by, and the Sponsor shall comply with, all applicable state and federal laws and
regulations, including Chapter 79A.15 RCW, Chapter 286 WAC and published agency policies, which are
incorporated herein by this reference as if fully set forth.
WWRP Project AQreement
Chapter 79A.15 RCW, Chapter 286 WAC
PROJAGR.RPT
Outdoor Recreation Account
Page 1 of 2
I. ADDITIONAL PROVISIONS OR MODIFICA TlONS OF THE GENERAL PROVISIONS
1. On July 1, 2007, the name of the Interagency Committee for Outdoor Recreation changed to the
Recreation and Conservation Funding Board and the office name changed to the Recreation and
Conservation Office. The General Provisions of the Project Agreement do not reflect this change. To
allow immediate implementation of this project, the existing provisions are hereby incorporated into the
agreement. All references to the Board refer to the Recreation and Conservation Funding Board.
References to the Office refer the Recreation and Conservation Office.
2. Before reimbursement of any development related expenses, the sponsor must comply with Governor's
Executive Order 05-05 regarding Archaeological and Cultural Resources for the scope of work
approved in this Project Agreement. The Recreation and Conservation Office will issue a notice to
proceed when appropriate documentation has been received.
In the event that archaeological or historic materials are discovered during project activities, work in the
immediate vicinity must stop; the area must be secured, and the Sponsor must notify the concerned
tribe's cultural staff and cultural committee, the Recreation and Conservation Office, and Department of
Archaeology and Historic Preservation.
3. Documentation of a DNR Lease Agreement and a Lease Agreement for use of private property at the
proposed 5th Street Landing are required prior to reimbursement for any expenses.
J. FEDERAL FUND INFORMA TlON .
(none)
K. PROJECT GRANT AGREEMENT REPRESENT A TIVE
All written communications sent to the Sponsor under this Agreement will be addressed and delivered to:
Proiect Contact
Name: Tom Knuckey
Title: Managing Engineer
Address: 3027 Olympus Drive
Bremerton, WA 98310-4799
ReFB
Recreation and Conservation Office
Natural Resources Building
PO Box 40917
Olympia, Washington 98504-0917
www.rco.wa.gov/rcfb/
These addresses shall be effective until receipt by one party from the other of a written notice of any change.
L. ENTIRE AGREEMENT
This agreement, along with all attachments, constitutes the entire agreement of the parties. No other understandings,
oral or otherwise, regarding this Agreement shall exist or bind any of the parties.
M. EFFECTIVE DA TE
This agreement, for project #06-1801 D, shall be effective upon signing by all parties.
STATE OF WASHINGTON
RECREATION AND CONSERVATION OFFICE
BY: ~&W-LQ Dfcu1!e--.
Rachael Langen~ Deputy Director
DATE:
111-';/0'1
PROJECT SPONSOR
BY:
TITLE:
DATE:
Pre-approved as to form:
BY: ISI
Assistant Attorney General
WWRP Proiect A!=jreement
Chapter 79A.15 RCW, Chapter 286 WAC
PROJAGR.RPT
Outdoor Recreation Account
Page 2 of 2
rT{1 fnttragrnry
~iWr:
Washington Wildlife and Recreation Program
Trails Category
Post-Evaluation Project Summary
TITLE: Bremerton Boardwalk Trail
NUMBER: 06-18010
STATUS: Board Funded
(Development)
SPONSOR:
City of Bremerton
EVALUATION SCORE:
BOARD RANKING:
61.2500
1 of 24
COSTS:
WWRP - Trails
Local
Total
$2,000,000
$6,233,879
$8,233,879
24%
76%
100%
SPONSOR MATCH:
Appropriation \ Cash
Force Acct - Labor
DESCRIPTION:
Bremerton will use this grant to build the Bremerton Boardwalk Trail, a .6-mile over water boardwalk from the
Bremerton-Seattle ferry terminal to Bremerton's premier and most-used park, Evergreen Rotary Park. This trail is
an extension of the Louis Mentor Boardwalk and will provide critical connections between parks. It will increase
waterfront access in the city by almost 50 percent. The boardwalk will range from 12 to 20 feet wide and be
accessible to people with disabilities. In addition, the boardwalk will be the first segment of the regional Mosquito
Fleet Trail constructed in Bremerton. Bremerton will contribute $6.2 million in cash and labor. This was the top
ranked project of 24 competing for funding in the trails category of the Washington Wildlife and Recreation
Program.
LOCATION INFORMATION:
Just off the shoreline from downtown Bremerton along Port Washington Narrows to Evergreen Park.
COUNTY: Kitsap
SCOPE (ELEMENTS):
Architectural & Engineering
Cultural Resources
Lighting
Park Furniture
Permits
Sales Tax
Signing
Site Preparation
Trails
Utilities
Viewpoints
ANTICIPATED ACREAGE:
ACREAGE TYPE
Tidelands
Acres To
Be Acquired
Acres To
Be Dev/Restored
1.03
Acres To
Be Renovated
FISCAL YEAR:
2008
DATE PRINTED:
November 5, 2007
1 PAPSUM1,RPT
Bremerton Boardwalk Trail
~. . Jlltdag~I2{Y
Committee for
. OUTDOOR
~ RECREATION
Project Sponsor:
Project Title:
Eligible Reimbursement Activities Report
State Parks
Rasar Group Camp Development
Project Number: 06-1641 D
Approval: 6/7/2007
Development Items:
Worksite
#1, Rasar State Park
#1 , Rasar State Park
#1 , Rasar State Park
#1, Rasar State Park
#1, Rasar State Park
#1, Rasar State Park
#1, Rasar State Park
#1, Rasar State Park
#1, Rasar State Park
#1, Rasar State Park
#1 , Rasar State Park
#1, Rasar State Park
#1, Rasar State Park
#1 , Rasar State Park
#1 , Rasar State Park
#1, Rasar State Park
#1, Rasar State Park
ELlGREIMRPT
Element Item Unit Quantity Description
A & E development Architectural & Engineeril Lump Sum 1.00
Building & structures - other Building & Structures Lump sum 5.00 Rustic Cabins
Dump station(s) Campground Facilities Each 1.00
Cultural resource survey Cultural Resources Optional 1.00 If required by DAHP or
concerned Tribes.
Top soil/mulch Landscaping Yds 250.00
Benches Park Furniture Each 5.00 metal
Tables Park Furniture Each 12.00 standard park units
Permits Permits Lump sum 1.00
Children's playground Playground Each 1.00 Approved ADA Surfacing
Roads - asphaltic concrete Roads Linear Ft 5,000.00 4" depth all existing
parking and drives (+/
-24' wide)
Sales Tax Sales Tax Lump Sum 1.00
Picnic Shelters Each 3.00 800
I nterpretive display Signing Lump Sum 1.00 Interpretive panels and
signage along ADA trail
Mobilization Site Preparation Lump sum 1.00
Trails - asphaltic concrete (LF) Trails Linear Ft 3,000.00 5' width
Power Utilities Linear Ft 2,500.00
Water system(s)/wells Utilities Lump sum 1.00 Extend water system to
each site and shelter
November 5, 2007
Page:
lie Interagmcy .
~ OUTDOOR,}Or
~ RECRERTlON
Milestone Report By Project
Project Number:
Project Name:
Sponsor:
Project Manager:
06-1801 D
Bremerton Boardwalk Trail
Bremerton City of
Sarah Thirtyacre
.x. ! .' ; Milestone Target Date .,' CommentslDescription
,
X ! RFP Complete/Consultant Hired 04/30/2006
Project Start 10/01/2007
! Special Conditions Met 05/15/2008 Documentation of a DNR Lease
Agreement and a Lease Agreement for
use of private property at the proposed
5th Street Landing are required prior to
reimbursement for any expenses.
I A&E Complete/Permits Submitted 06/30/2008
! Special Conditions Met 06/30/2008 Compliance with Governor's Executive
Order 05-05. Cultural Resources
Survey Required per DAHP.
Annual Project Billing 07/31/2008
Plans/Specs Reviewed Mgmt Agy 08/31/2008
Bid Awarded 03/31/2009
! Construction Started 07/31/2009
Annual Project Billing 07/31/2009
Proposed Completion Date 12/31/2009
! Project Complete 06/30/2010
Final Docs/Billing to Mgmt Agy 09/30/2010
x = Milestone Complete
! = Critical Milestone
1MILESTO.RPT
November 05, 2007
Page:
1
Press Release Template
City of Bremerton offered grant to develop land for nonmotorized trail activities.
(Bremerton) - City of Bremerton was awarded a grant of $2,000,000.00 from the Washington Wildlife and
Recreation Program, Outdoor Recreation Account, Trails category. The grant was awarded by the
Recreation and Conservation Funding Board (RCFB), and will be used for the following:
Bremerton will use this grant to build the Bremerton Boardwalk Trail, a .6~mile over water
boardwalk from the Bremerton-Seattle ferry terminal to Bremerton's premier and
most-used park, Evergreen Rotary Park. This trail is an extension of the Louis Mentor
Boardwalk and will provide critical connections between parks. It will increase waterfront
access in the city by almost 50 percent. The boardwalk will range from 12 to 20 feet wide
and be accessible to people with disabilities. In addition, the boardwalk will be the first
segment of the regional Mosquito Fleet Trail constructed in Bremerton. Bremerton will
contribute $6.2 million in cash and labor. This was the top ranked project of 24 competing
for funding in the trails category of the Washington Wildlife and Recreation Program.
There were twenty-three applications submitted for consideration in the Washington Wildlife and
Recreation Program, Outdoor Recreation Account, Trails category. Each project went through an
evaluation process prior to being recommended for funding. The RCFB Board approved funding for
projects on Thursday, June 7, 2007.
Funding for the Washington Wildlife and Recreation Program, Outdoor Recreation Account, Trails
category comes from the sale of state general obligation bonds. City of Bremerton will leverage local
contributions totaling $6,233,879.00 with grant monies to implement the project. Total estimated project
cost is $8,233,879.00. RCFB is the state's administrator of the grant program.
Contact:
Tom Knuckey, (360) 473-2376 (sponsor project manager)
Sarah Thirtyacre, (360) 902-0243, saraht@rco.wa.gov (RCFB project manager)
Natura! F-i6S0urC8S L3ui!ding
1 i 11 VVa::;liinQton Si. SL:
Olympia \filA 98501
,~~~~~~~~~:~\
(.,I""~::, ,.:!
i'~:D~~;'" ,:W
.<;~ ...!f!i',~;';J
(360) 9023000
TT\' (360} 902..1996
Fax: (360) 902.30;26
::'0 Box 40917
()!YIT!pia \/\11\ ~'j8:)O,4- CJ8.i-j
~~"fj\l';':: C.l\:' '/l/~~":;;-:~,\~cr~'(>r~~
;::,.illa:," ,'rf" (;'j}I'~~ \I'r. n"\j
",l._,' _.!. .1 J ._' \~u. TV\':L~:;:'""",
V\f(;l) :3:te: v.Jv,;v'.f,rcc.\va.Q(}\f
r:; r:~C. {.{ ::-:/<i' ((j;\ i .''J. J'.~ C' f:.~;() r\I:::~~= i:i\/l(riC~';".l
October 19, 2007
Tom Knuckey
City of Bremerton
3027 Olympus Drive
Bremerton, WA 98310-4799
RE: Evergreen Park Expansion/Shoreline Rest., RCO #06-18020
Dear Mr. Knuckey:
Congratulations on your successful application for the Evergreen Park Expansion/Shoreline Rest. project.
Your project is administered by the Recreation and Conservation Funding Board (RCFB). Enclosed are two
original sets of project agreement materials. Each set contains the Project Agreement, Milestone Report,
Eligible Reimbursement Activities Report, and an Invoice Voucher. Also enclosed are policy manuals for
reference as you implement your project and seek reimbursement. After reviewing your Project Agreement
materials, please have the appropriate person sign each Project Agreement and return one signed original.
Once the Project Agreement is signed and returned, the Evergreen Park Expansion/Shoreline Rest. project
can commence.
Prompt implementation and completion of your project is extremely important and will ensure the continuing
success and credibility of the Washington Wildlife and Recreation Program by demonstrating effective
results to citizens and policy makers.
We encourage you to offer appropriate media opportunities to help build public awareness of the project's
purposes and benefits. Acknowledging the assistance provided by this grant program helps increase the
public's understanding of the value the funding provides to communities. Please notify your RCFB project
manager of any event celebrating your project's beginning or completion.
As always, staff is available to answer questions that may arise during project implementation. If you need
assistance, please contact Sarah Thirtyacre at (360) 902-0243 or saraht@rco.wa.gov.
Thank you again for helping make this valuable investment in Washington State's recreation, conservation,
and natural resources.
Sincerely,
!/)~{,"i (JL i_C~Jf;-U:;~!:.<,_
.)
RachaelLangen
Deputy Director
Enclosures
H.?C;retliiop s.;"ld (~(:nsen/;:'It!Oil Funding F3.D8:'d ~.. S.::iiiT'Of'!
AGRECVR ~(!J~~hi~:\}:or11n\/S2i\/8 Species CClJl'"!cd f' ~::GI'U:Tl C;", k'I'J:~:i\
r:,
':)Or~i'd II \\'a[~hinGton
CC':li~cii;'
~~ctlfT;'Jn p(~CC\jef-)! ana vV,~re(s!~co :-l~::(j'fih
WWRP Project Agreement
Outdoor Recreation Account
Project Sponsor:
Project Title:
City of Bremerton
Evergreen Park Expansion/Shoreline Rest.
Project Number:
Approval Date:
06-1802D
6/7/2007
A. PARTIES OF THE AGREEMENT
This Project Grant Agreement (Agreement) is entered into between the Recreation and Conservation Funding Board
(RCFB), P.O. Box 40917, Olympia, Washington 98504-0917 and City of Bremerton, 345 6th St Ste 600, Bremerton,
WA 98337 (Sponsor) and shall be binding upon the agents and all persons acting by or through the parties.
B. PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the Outdoor Recreation Account of
the State of Washington's General Fund. The grant is administered by the RCFS to the Sponsor for the project
named above.
C. DESCRIPTION OF PROJECT
The subject Project is described on the attached Project Summary.
D. TERM OF AGREEMENT
The Project Sponsor's on-going obligation for the above project is perpetual unless otherwise identified in this
Agreement.
E. PERIOD OF PERFORMANCE
The Project reimbursement period shall begin on October 1,2007 and end on June 30,2010. No expenditure made
before or after this period is eligible for reimbursement unless incorporated by written amendment into this
Agreement.
F. PROJECT FUNDING
The total grant award provided by the RCFB for this project shall not exceed $300,000.00. The RCFB shall not pay
any amount beyond that approved for funding of the project. The Sponsor shall be responsible for all total project
costs that exceed this amount. The contribution by the Sponsor toward work on this project at a minimum shall be as
indicated below:
RCFB - WWRP - Local Parks
Percentage
33.87%
66.13%
100.00%
Dollar Amount
Project Sponsor
Total Project Cost
$300,000.00
$585,733.00
$885,733.00
G. RIGHTS AND OBLlGA TlONS
All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments, including
the Sponsor's Application, Project Summary, Eligible Reimbursement Activities Report, Project Milestones, and the
General Provisions, all of which are attached hereto and incorporated herein.
Except as provided herein, no alteration of any of the terms or conditions of this Agreement will be effective unless
provided in writing. All such alterations, except those concerning the period of performance, must be signed by both
parties. Period of performance extensions need only be signed by RCO's Director.
The Sponsor has read, fully understands and agrees to be bound by all terms and conditions as set forth in these
documents.
H. COMPLIANCE WITH APPLICABLE STATUTES. RULES. AND RCO POLICIES
This Agreement is governed by, and the Sponsor shall comply with, all applicable state and federal laws and
regulations, including Chapter 79A.15 RCW, Chapter 286 WAC and published agency policies, which are
incorporated herein by this reference as if fully set forth.
WWRP Project Aqreement
Chapter 79A.15 RCW, Chapter 286 WAC
PROJAGR.RPT
Outdoor Recreation Account
Page 1 of 2
I. ADDITIONAL PROVISIONS OR MODIFICA TlONS OF THE GENERAL PROVISIONS
1. On July 1, 2007, the name of the Interagency Committee for Outdoor Recreation changed to the
Recreation and Conservation Funding Board and the office name changed to the Recreation and
Conservation Office. The General Provisions of the Project Agreement do not reflect this change. To
allow immediate implementation of this project, the existing provisions are hereby incorporated into the
agreement. All references to the Board refer to the Recreation and Conservation Funding Board.
References to the Office refer the Recreation and Conservation Office.
2. Before reimbursement of any acquisition related expenses, the sponsor must comply with Governor's
Executive Order 05-05 regarding Archaeological and Cultural Resources for the scope of work
. approved in this Project Agreement. The Recreation and Conservation Office will issue a notice to
proceed when appropriate documentation has been received.
In the event that archaeological or historic materials are discovered during future ground disturbing
activities, work in the immediate vicinity must stop; the area must be secured, and the Sponsor must
notify the concerned tribe's cultural staff and cultural committee, the Recreation and Conservation
Office, and Department of Archaeology and Historic Preservation.
3. Sponsor must employ a professional archeologist to monitor: ground disturbance and probing; and
conducting subsurface investigations that may disturb subsurface deposits.
J. FEDERAL FUND INFORMA TION
(none)
K. PROJECT GRANT AGREEMENT REPRESENTA TlVE
All written communications sent to the Sponsor under this Agreement will be addressed and delivered to:
Proiect Contact
Name: Tom Knuckey
Title: Managing Engineer
Address: 3027 Olympus Drive
Bremerton, WA 98310-4799
ReFB
Recreation and Conservation Office
Natural Resources Building
PO Box 40917
Olympia, Washington 98504-0917
www.rco.wa.gov/rcfb/
These addresses shall be effective until receipt by one party from the other of a written notice of any change.
L. ENTIRE AGREEMENT
This agreement, along with all attachments, constitutes the entire agreement of the parties. No other understandings,
oral or otherwise, regarding this Agreement shall exist or bind any of the parties.
M. EFFECTIVE DA TE
This agreement, for project #06-1802D, shall be effective upon signing by all parties.
STATE OF WASHINGTON
RECREATION AND CONSERVATION OFFICE
(") , " rc/J
By:,AO-efL{(.U '\~c.;U' '1"
Rachael Langen, De uty Director
DATE: \o/:)..~\ 01
............RMJECT SPONSOR
. . . . . . . . .
. . . . . . . . '
i:i:i:i:::~;,BY'
. . . .. . ,LE:
. . . .. ...
. . . . . . . . .
. . . . . . . . .
. . . . . . . .
. . . . . . . . .
. . . . . . . .
. . . . . . . . .
. . . . . . . .
DATE:
Pre-approved as to form:
BY: ISI
Assistant Attorney General
WWRP Project Aqreement
Chapter 79A.15 RCW, Chapter 286 WAC
PROJAGR.RPT
Outdoor Recreation Account
Page 2 of 2
~. Interagency
-j QUTDOORe fir
-:~ RECRERnON
Washington Wildlife and Recreation Program
Local Parks Category
Post-Evaluation Project Summary
TITLE: Evergreen Park Expansion/Shoreline Rest.
NUMBER: 06-18020
STATUS: Board Funded
(Development)
SPONSOR:
City of Bremerton
EVALUATION SCORE:
BOARD RANKING:
52.3333
COSTS:
WWRP - Local Parks
Local
$300,000
$585,733
SPONSOR MATCH:
34 % Appropriation \ Cash
66% Force Acct - Labor
Grant - State RCO
Total
$885,733
100%
DESCRIPTION:
Bremerton will use this grant to complete the final development phase of the Evergreen Rotary Park. This complex
is Bremerton's premier park and is used all year for events and recreation. This project will expand the park by 1.56
acres. Crews will restore 700 feet of shoreline, create a beach to provide much needed water access, and develop
additional parking to relieve the pressure on existing parking lots and adjacent streets. Bremerton will contribute
$585,733 in cash, labor, and a state grant.
LOCATION INFORMATION:
Overwater boardwalk along the Port Washington Narrows from downtown Bremerton to Evergreen Park.
COUNTY: Kitsap
SCOPE (ELEMENTS):
Architectural & Engineering
Cultural Resources
Landscaping
Lighting
Park Furniture
Parking
Permits
Roads
Sales Tax
Shelters
Signing
Site Preparation
Trails
Utilities
Water Access Facilities
ANTICIPATED ACREAGE:
ACREAGE TYPE
Uplands
Acres To
Be Acquired
Acres To
Be Dev/Restored
1.56
Acres To
Be Renovated
FISCAL YEAR:
2008
DATE PRINTED:
October 19, 2007
1PAPSUM1.RPT
Evergreen Park Expansion/Shoreline Rest.
IIr=,n",
· Committee for Eligible Reimbursement Activities Report
OUTDOOR
~. RECRERTlON
Project Sponsor: City of Bremerton Project Number: 06-1802 D
Project Title: Evergreen Park Expansion/Shoreline Rest. Approval: 6/7/2007
Development Items:
Worksite Element Item Unit Quantity Description
#1, Bremerton Boardwalk A & E development Architectural & Engineerh Lump Sum 1.00
#1, Bremerton Boardwalk Cultural resource survey Cultural Resources Optional Cultural Resources
Survey
#1, Bremerton Boardwalk On-site monitoring Cultural Resources Lump sum Monitoring during
construction
#1, Bremerton Boardwalk Grass - sod Landscaping Acres 1.50
#1, Bremerton Boardwalk Irrigation - automatic for turf Landscaping Acres 1.50 Includes irrigation for
plantings
#1, Bremerton Boardwalk Top soil/mulch Landscaping Yds 4,100.00
#1, Bremerton Boardwalk Trees/shrubs Landscaping Lump sum 1.00 Similar plantings to
Evergreen Park
#1, Bremerton Boardwalk Parking and roads Lighting Lump sum 1.00 Same fixtures as
Evergreen Park
#1, Bremerton Boardwalk Pathway Lighting Lump sum 1.00 Same fixtures as
Evergreen Park
#1, Bremerton Boardwalk Benches Park Furniture Each 6.00 Consistent with
Evergreen Park
#1, Bremerton Boardwalk Bike racks Park Furniture Each 1.00 Game Time Model #707
or sirnilar, 5-foot
galvanized
#1, Bremerton Boardwalk Trash receptacles Park Furniture Each 4.00 Vandal resistant, City
standard
#1, Bremerton Boardwalk Parking - asphaltic concrete Parking Spaces 20.00 20 Parking spaces, 4 will
be ADA accessible
#1, Bremerton Boardwalk Striping Parking Lump sum 1.00
#1, Bremerton Boardwalk Wheel stops Parking Each 20.00 6-foot
#1, Bremerton Boardwalk Permits Permits Lump sum 1.00
#1, Bremerton Boardwalk Curbs Roads Linear Ft 300.00
#1, Bremerton Boardwalk Roads - asphaltic concrete Roads Linear Ft 800.00 500 feet at 12' wide, 300
feet at 24' wide
#1, Bremerton Boardwalk Sales Tax Sales Tax Lump Sum 1.00
#1, Bremerton Boardwalk Kiosk Shelters Each 1.00 225 sq ft
#1, Bremerton Boardwalk General park signs Signing Lump sum 1.00
#1, Bremerton Boardwalk Interpretive signs Signing Each 8.00 Local wildlife and history.
#1, Bremerton Boardwalk Kiosk signs Signing Lump sum 1.00
#1, Bremerton Boardwalk Demolition Site Preparation Lump sum 1.00 Demolition of Plumber's
and Steamfitters Union
Building
#1, Bremerton Boardwalk Erosion control Site Preparation Lump sum 1.00 temporary erosion
control during
construction
#1, Bremerton Boardwalk Grading Site Preparation Acres 1.50 Includes concrete pad
removal & demo of small
structure
#1, Bremerton Boardwalk Grubbing Site Preparation Acres 1.50 Remove existing
blackberries, weeds and
scotch broom
#1, Bremerton Boardwalk Mobilization Site Preparation Lump sum 1.00
#1, Bremerton Boardwalk Site preparation - other Site Preparation Lump sum 1.00 Removal of dilapidated
pier and dolphins
#1, Bremerton Boardwalk Sidewalks Trails Linear Ft 290.00 10' wide x 2.5" deep
street replacement at
access pOints
#1, Bremerton Boardwalk Electric transformers/panels Utilities Lump sum 1.00 transformer vault, cnduit
wiring, etc.
#1, Bremerton Boardwalk Surface drainage Utilities Lump sum 1.00 Same as Evergreen Pk,
existing sewer under
adjacent parcel
ELlGREIM.RPT
October 19, 2007
Page:
li3 rntaa~ency
-j OUTDOOR' fir
0~ RECRERTION
#1, Bremerton Boardwalk
ELlGREIM.RPT
Eligible Reimbursement Activities Report
Beach
Water Access Facilities Lump sum
October 19, 2007
1.00 Create sandy beach area
for kayak landing and
beachcombing
Page:
2
~. /meragCllcy
Com/llIffee for
I ~ I OUTDOOR
l@J RECRERTION
Milestone Report By Project
Project Number:
Project Name:
Sponsor:
Project Manager:
06-18020
Evergreen Park Expansion/Shoreline Rest.
Bremerton City of
Sarah Thirtyacre
. , . I
.x I Milestone Target Date Comments/Description
X I RFP Complete/Consultant Hired 04/01/2006
X Project Start 1 % 1 /2007
I Special Conditions Met 05/15/2008 Documentation of a DNR Lease
Agreement and a Lease Agreement for
use of private property at the proposed
5th Street Landing are required prior to
reimbursement for any expenses.
I A&E Complete/Permits Submitted 06/30/2008
I Special Conditions Met 06/30/2008 Compliance with EO 05-05. Cultural
Resources Survey Required per
DAHP.
Annual Project Billing 07/31/2008
Plans/Specs Reviewed Mgmt Agy 08/31/2008
Bid Awarded 03/31/2009
I Construction Started 07/31/2009
Annual Project Billing 07/31/2009
Proposed Completion Date 12/31/2009
I Project Complete 06/30/2010
Annual Project Billing 07/31/2010
Final Docs/Billing to Mgmt Agy 09/30/2010
x = Milestone Complete
! = Critical Milestone
IMILESTO.RPT
October 19, 2007
Page:
RECREATION AND CONSERVATION OFFICE
Agency Name
FORM A-19 State of Washington
INVOICE VOUCHER
Recreation and Conservation Office
P.O. Box 40917
Olympia, WA 98504-0917
Sponsor's Certificate. I hereby certify under penalty of perjury that the items
and totals listed herein are proper charges for materials, merchandise or
services furnished to the State of Washington, and that all goods furnished
and/or services rendered have been provided without discrimination because
of age, sex, marital status, race, creed, color, national origin, handicap,
religion or Vietnam era or disabled veterans status.
Sponsor
City of Bremerton
Finance
345 6th St Ste 600
Bremerton, WA 98337
BY
(TITLE)
(DATE)
This is a Final Billing?
Yes [J No [ ]
Development Total
$885,733.00
$0.00
$885,733.00
$885,733.00
A&E
FUNDING & EXPENDITURE FORMULA
For ReO Use ONLY
;~~{~t!~~~~;~r~~f;~\~~0~~;~:i~i~~r~~~:iff~Qf',~f?rm:~Uq~~1~4i~~~~~~{i,~itif~~~~~~~~~~\~li'ia1\~I.~:r1XJJ[M~~[~lEi~~lf~f~~!J!~1il~$t~it~?~g~Yi~~~~fft1f~~$j
Sponsor:
. RCO Federal
RCO: WWRP - LP
66.13%
$585,733.00
Total Billed
Share Billed
Share Approved
Advance Balance
Match Owed Balance
Share Retained
Share Paid
Match Bank
33.87%
$300,000.00
Agreement Total:
100.00%
$885,733.00
9~~~~ii)Jm~~~~f~~~~~j~~~t~Ji~~~~~ ~t~~ji&~~r~fGi1~r~~'tfQ~~iJJ~":~~$.~fJ~~i~~~ ~~'f({~f;R9"~$JJ.~~i~; ~\y~ri~QfIiiilfiD~~t~~\ ~~Wt1~qr:M~.~~~9.~ l~;[~~$\1+f~~~W
Release Final Pmt [] Division Supervisor/Date
AccountinglDate
1INVOICE.RPT
10 /19/2007
Current Funding
Press Release Template
City of Bremerton offered grant to develop outdoor recreation facilities.
(Bremerton) - City of Bremerton was awarded a grant of $300,000.00 from the Washington Wildlife and
Recreation Program, Outdoor Recreation Account, Local Parks category. The grant was awarded by the
Recreation and Conservation Funding Board (RCFB), and will be used for the following:
Bremerton will use this grant to complete the final development phase of the Evergreen
Rotary Park. This complex is Bremerton's premier park and is used all year for events and
recreation. This project will expand the park by 1.56 acres. Crews will restore 700 feet of
shoreline, create a beach to provide much needed water access, and develop additional
parking to relieve the pressure on existing parking lots and adjacent streets. Bremerton will
contribute $585,733 in cash, labor, and a state grant.
There were sixty-nine applications submitted for consideration in the Washington Wildlife and Recreation
Program, Outdoor Recreation Account, Local Parks category. Each project went through an evaluation
process prior to being recommended for funding. The RCFB Board approved funding for projects on
Thursday, June 7,2007.
Funding for the Washington Wildlife and Recreation Program, Outdoor Recreation Account, Local Parks
category comes from the sale of state general obligation bonds. City of Sremerton will leverage local
contributions totaling $585,733.00 with grant monies to implement the project. Total estimated project
cost is $885,733.00. RCFS is the state's administrator of the grant program.
Contact:
Tom Knuckey, (360) 473-2376 (sponsor project manager)
Sarah Thirtyacre, (360) 902-0243, saraht@rco.wa.gov (RCFS project manager)
General Provisions
Table of Contents
Page
A. Heading and Definitions
Section 1. Headings and Definitions .......................................................................................1
B. Performance and Requirements (General Responsibilities)
Section 2. Performance by Sponsor ....................................................................................... 2
Section 3. Assignment ................ ........................... ..... .............. ............... ........................... .... 2
Section 4. Responsibility for Project ....................................................................................... 2
Section 5. Indemnification..... ..... ...... ................................... .......................... ......... ................. 2
Section 6. Independent Capacity of the Sponsor ................................................................... 2
Section 7. Conflict of Interest .................................................................................................. 2
Section 8. Acknowledgment and Signs.......... ...... ............... .................... ..... ......... ..... ............. 3
C. Compliance with Laws, Records, and Inspections
Section 9. Compliance with Applicable Law.......................................................................... 3
Section 10. Records Maintenance ............................................................................................ 4
Section 11. Access to Data .......................................................................................................4
Section 12. Treatment of Assets ............................................................................................... 4
Section 13. Right of Inspection ................................................................................................. 4
Section 14. Stewardship and Monitoring .................................................................................. 5
Section 15. Debarment Certification ......................................................................................... 5
D. Funding, Reimbursements
Section 16. Project Funding ............................................................................................... .......5
Section 17. Project Reimbursements.......... ....................................................................... .......5
Section 18. Advance Payments ................................................................................................ 5
Section 19. Non-availability of Funds.............................. ....... .................... ....................... ........6
Section 20. Recovery of Payments .................................................................................... .......6
Section 21. Covenant Against Contingent Fees ....................................................................... 6
E. Acquisition and/or Development/Restoration
Section 22. Provisions Applying to Development/Restoration Projects.................................... 6
Section 23. Provisions Applying to Acquisition Projects ........................................................... 7
Section 24. Hazardous Substances..........................................................................................7
F. Facility Uses and Fees
Section 25. Restriction on Conversion of Facility to Other Uses .............................................. 8
Section 26. Construction, Operation, Use and Maintenance of Assisted Projects................... 9
Section 27. Income and Income Use........................................................................................ 9
Section 28. Preferences for Residents .....................................................................................9
G. Special Provisions
Section 29.
Section 30.
Section 31.
Provisions Related to Non-Profit or Not-Far-Profit Sponsors .............................. 10
Liability Insurance Requirements for Firearm Range Sponsors.......................... 10
Requirements of the National Park Service......................................................... 10
H. Remedies and Disputes
Section 32. Order of Precedence............................................................................................11
Section 33. Amendments...................................... ................ ..... ............................................. 11
Section 34. Limitation of Authority .......................................................................................... 11
Section 35. Waiver of Default......................................................................:........................... 11
Section 36. Application Representations-Misrepresentations or Inaccuracy or Breach ...... 11
Section 37. Termination and Other Remedies ....................................................................... 11
Section 38. Termination for Convenience............ ......... ............ ........................................ ...... 12
Section 39. Dispute Hearing ... ..... ...................... .......... ...... ....... ......... ................ .............. ....... 12
Section 40. Attorneys' Fees .................................................................................................... 12
Section 41. Governing LawNenue ............... ................ ....... ..................... ..... ......... ................ 13
Section 42. Severability. ............ ................. ...... ...... ........... .......... ................. .............. ............. 13
April 15, 2002 - Page 1
General Provisions
SECTION 1. HEADINGS AND DEFINITIONS
A. Headings used in this Agreement are for reference purposes only and shall not be considered a
substantive part of this Agreement.
B. Definitions. As used throughout this Agreement, the following terms shall have the meaning set
forth below:
Acquisition - The gaining of rights of public ownership by purchase, negotiation, or other means, of
fee or less than fee interests in real property.
Agreement - The accord accepted by all parties to the present transaction; the Agreement,
supplemental agreement, intergovernmental agreement, monitoring plan, and/or a landowner
agreement between the Funding Board and a Sponsor.
Applicant - Any agency or organization that meets the qualifying standards, including deadlines,
for submission of an application soliciting a grant of funds from the Funding Board.
Application - The forms and support documents approved by the Funding Board or its Director for
use by applicants in soliciting project funds administered by the Office.
Asset - Equipment purchased by the Sponsor or acquired or transferred to the Sponsor for the
purpose of this Agreement. This definition is restricted to non-fixed assets, such as vehicles,
computers or machinery.
Contractor - shall mean one not in the employment of the Sponsor who is performing all or part of
the eligible activities for this projects under a separate Agreement with the Sponsor. The term
"Contractor" and "Contractors" means Contractor(s) in any tier.
Development/Restoration - The construction, renovation, redevelopment, or installation of
facilities to provide for outdoor recreation or natural resources.
Director - The Office Director or the Director's designee.
Funding Board - As identified in Paragraph A in the Agreement as either the (1) Interagency
Committee for Outdoor Recreation (lAC) - The committee created under Chapter 79A.25.11 0 RCW
includes eight members. Three are agency heads: the Commissioner of Public Lands, the Director
of Parks and Recreation, and the Director of Fish and Wildlife (or their designees). Five, by
appointment of the Governor with the advice and consent of the Senate, are members of the public
at large who have demonstrated interest in and a general knowledge of outdoor recreation in the
state; (2) Salmon Recovery Funding Board (SRFB) - The Board created under Chapter 77.85.110
RCW, is comprised of five governor-appointed voting members (one a cabinet-level appointment)
and five non-voting state officials: the Commissioner of Public Lands, the Secretary of
Transportation, the Director of the Conservation Commission, the Director of Fish and Wildlife, and
the Director of Ecology (or their designees); or (3) Hatchery Scientific Review Group (HSRG) _ The
independent Board established by Congress to ensure hatchery reform programs in Puget Sound
and Coastal Washington are scientifically founded and evaluated.
Office - Office of the Interagency Committee - The Office provides support to the lAC, SRFB,
and HSRG. The Office includes the Director and personnel, created by Chapters 79A.25.11 0 and
79A.25.150 RCW and charged with administering this Agreement by Chapters 77.85.110 and
79A.25.240 RCW.
Landowner Agreement - A landowner agreement is required between a Sponsor and landowner
for projects located on land not owned, or otherwise controlled, by the Sponsor for salmon recovery
projects.
Milestone - Important date(s) tracked in the Agreement for monitoring the Project status.
Period of Performance - The time period specified in the Agreement, under Section E, Period of
Performance.
Post Evaluation Summary - One of the documents used to summarize and describe the actions
untaken in the Agreement.
Project - The undertaking that is the subject of this Agreement and that is, or may be, funded in
whole or in part with funds administered by the Office on behalf of the Funding Board.
Sponsor - The applicant who has been awarded a grant of funds and is bound by this executed
Agreement; includes its officers, employees and agents.
April 15, 2002 - Page 2
General Provisions
SECTION 2. PERFORMANCE BY THE SPONSOR
The Sponsor shall undertake the Project as described in this Agreement, Post Evaluation Summary, the
Sponsor's application, and in accordance with the Sponsor's proposed goals and objectives described in
the application or documents submitted with the application, all as finally approved by the Funding Board.
All submitted documents are incorporated by this reference as if fully set forth herein. The Order of
Precedence is covered in Section 26.
Timely completion of the Project is important. Failure to do so, as set out in this Agreement, is a material
breach of the Agreement.
SECTION 3. ASSIGNMENT
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
the Sponsor without prior written consent of the Funding Board.
SECTION 4. RESPONSIBILITY FOR PROJECT
While the Funding Board undertakes to assist the Sponsor with the Project by providing a grant pursuant
to this Agreement, the Project itself remains the sole responsibility of the Sponsor. The Funding Board
undertakes no responsibilities to the Sponsor, or to any third party, other than as is expressly set out in
this Agreement. The responsibility for the implementation of the Project, as those phases are applicable
to this Project, is solely that of the Sponsor, as is responsibility for any claim or suit of any nature by any
third party related in any way to the Project.
SECTION 5. INDEMNIFICATION
To the fullest extent permitted by the law, the Sponsor expressly agrees to and shall indemnify, defend
and hold harmless the State and its agencies, officials, agents and employees from and against all
claims, actions, costs, damages, or expenses of any nature arising out of or incident to the Sponsor's or
any Contractor's performance or failure to perform the Agreement. Sponsor's obligation to indemnify,
defend and hold harmless also includes any claim by Sponsor's agents, employees, representatives or
any Contractor or its employees. Sponsor's obligation to defend includes payment of any costs or
attorneys' fees. Sponsor's obligation shall not include such claims that may be caused by the sole
negligence of the State and its agencies, officials, agents, and employees. If the claims or damages are
caused by or result from the concurrent negligence of (a) the State, its agents or employees and (b) the
Sponsor, its Contractors, agents, or employees, this indemnity provision shall be valid and enforceable
only to the extent of the negligence of the Sponsor or its Contractors, agents, or employees. The Sponsor
expressly agrees to waive his/her immunity under Title 51 RCW to the extent required to indemnify,
defend, and hold harmless the State and its agencies, officials, agents or employees.
SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR
The Sponsor and its employees or agents performing under this Agreement are not employees or agents
of the Funding Board or the Office. The Sponsor will not hold itself out as nor claim to be an officer or
employee of the Office or of the state of Washington by reason hereof, nor will the Sponsor make any
claim of right, privilege or benefit which would accrue to an employee under Chapters 41.06 or 28B.16
RCW.
The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of
any kind required by federal, state, and/or local laws.
SECTION 7. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the Office may, in its
sole discretion, by written notice to the Sponsor terminate this Agreement if it is found after due notice
and examination by the Office that there is a violation of the Ethics in Public Service Act, Chapter 42.52
RCW; or any similar statute inVOlving the Sponsor in the procurement of, or performance under this
Agreement. In the event this Agreement is terminated as provided above, the Office shall be entitled to
pursue the same remedies against the Sponsor as it could pursue in the event of a breach of the
April 15, 2002 - Page 3
General Provisions
Agreement by the Sponsor. The rights and remedies of the Office provided for in this clause shall not be
exclusive and are in addition to any other rights and remedies provided by law. The existence of facts
upon which the Office makes any determination under this clause shall be an issue and may be reviewed
as provided in the "Disputes Hearing" clause of this Agreement.
In the event this Agreement is terminated as provided above, the Funding Board or the Office shall be
entitled to pursue the same remedies against the Sponsor as it could pursue in the event of a breach of
the Agreement by the Sponsor. The rights and remedies of the Funding Board or the Office provided for
in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law.
The existence of facts upon which the Funding Board or the Office makes any determination under this
clause may be reviewed as provided in the "Disputes" clause of this Agreement.
SECTION 8. ACKNOWLEDGMENT AND SIGNS
A. Publications. The Sponsor shall include language which acknowledges the funding contribution of the
program to this Project in any release or other publication developed or modified for, or referring to,
the Project.
B. Signs. The Sponsor also shall post signs or other appropriate media at Project entrances and other
locations on the Project which acknowledge the program's funding contribution, unless exempted in
Funding Board policy or waived by the Director.
C. Ceremonies. The Sponsor shall notify the Office no later than two weeks before a dedication
ceremony for this Project. The Sponsor shall verbally acknowledge the program's funding contribution
at all dedication ceremonies.
D. Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid
solicitations, and other documents describing a project funded in whole or in part with federal money
provided for in this grant, Sponsors shall clearly state:
1. The percentage of the total costs of the Project that is financed with federal money;
2. The dollar amount of federal funds for the Project; and
3. The percentage and dollar amount of the total costs of the Project that is financed by
nongovernmental sources.
SECTION 9. COMPLIANCE WITH APPLICABLE LAW
The Sponsor will implement the Agreement in accordance with applicable federal, state, and local laws
and regulations.
The Sponsor shall comply with, and the Office is not responsible for determining compliance with, any
and all applicable federal, state, and local laws, regulations, and/or policies, including, but not limited to,
State Environmental Policy Act; Industrial Insurance Coverage; Architectural Barriers Act; permits
(shoreline, Hydraulics Project Approval, demolition); land use regulations (comprehensive areas
ordinances, Growth Management Act); federal and state safety and health regulations (Occupational
Safety and Health Administration/Washington Industrial Safety and Health Act); and Buy American Act.
The Sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or
policies, including but not limited to, the Americans with Disabilities Act; Civil Rights Act; and the Age
Discrimination Act. In the event of the Sponsor's noncompliance or refusal to comply with any
nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in
part, and the Sponsor may be declared ineligible for further grant awards from the Funding Board. The
Sponsor is responsible for any and all costs or liability arising from the Sponsor's failure to so comply with
applicable law.
No part of any funds provided under this grant shall be used, other than for normal and recognized
executive-legislative relationships, for publicity or propaganda purposes, or for the preparation,
distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation
designed to support or defeat legislation pending before the U.S. Congress or any state legislature.
April 15, 2002 - Page 4
General Provisions
No part of any funds provided under this grant shall be used to pay the salary or expenses of any
Sponsor, or agent acting for such Sponsor, related to any activity designed to influence legislation or
appropriations pending before the U.S. Congress or any state legislature.
For habitat restoration projects funded in part or whole with National Marine Fisheries Service funding,
Sponsor shall not commence with clearing of riparian trees or in-water work unless and until an ESA
consultation is completed and delivered by National Marine Fisheries Service to the Sponsor. Violation of
this paragraph shall not be the basis for any enforcement responsibility by the lAC.
SECTION 10. RECORDS MAINTENANCE
The Sponsor shall maintain books, records, documents, data and other evidence relating to this
Agreement and performance of the services described herein, including but not limited to accounting
procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this Agreement. Sponsor shall retain such records for a period of six
years following the date of final payment. At no additional cost, these records, including materials
generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by
the Office, personnel duly authorized by the Office, the Office of the State Auditor, and federal and state
officials so authorized by law, regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall
be retained until all litigation, claims, or audit findings involving the records have been resolved.
SECTION 11. ACCESS TO DATA
In compliance with chapter 39.29 RCW, the Sponsor shall provide access to data generated under this
Agreement to the Office, the Joint Legislative Audit and Review Committee, and the State Auditor at no
additional cost. This includes access to all information that supports the findings, conclusions, and
recommendations of the Sponsor's reports, including computer models and methodology for those
models.
SECTION 12. TREATMENT OF ASSETS
A. Assets shall remain in the possession of the Sponsor for the duration of the project or program. When
the Sponsor discontinues use of the asset(s) for the purpose for which it was funded, the Office will
require the Sponsor deliver the asset(s) to the Office, dispose of the asset according to agency
policies, or return the fair market value of the asset(s) to the Office. Assets shall be used only for the
purpose of this Agreement, unless otherwise provided herein or approved by the Office in writing.
B. The Sponsor shall be responsible for any loss or damage to assets which results from the negligence
of the Sponsor or which results from the failure on the part of the Sponsor to maintain and administer
that property in accordance with sound management practices.
SECTION 13. RIGHT OF INSPECTION
The Sponsor shall provide right of access to its facilities to the Office, or any of its officers, or to any other
authorized agent or official of the state of Washington or the federal government, at all reasonable times,
in order to monitor and evaluate performance, compliance, and/or quality assurance under this
Agreement.
If a Landowner Agreement has been executed, it may further stipulate and define the Funding Board and
the Office's right to inspect and access lands acquired or developed with Funding Board assistance.
April 15, 2002 - Page 5
General Provisions
SECTION 14. STEWARDSHIP AND MONITORING
Sponsor agrees to perform monitoring and stewardship functions as stated in the monitoring and
stewardship plans as approved by the Funding Board or the Office. Sponsor further agrees to utilize,
where applicable and financially feasible, any monitoring protocols recommended by the Funding Board.
SECTION 15. DEBARMENT CERTIFICATION
The Sponsor certifies it is not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in this Agreement by any Federal department or
agency. If requested by the Office, the Sponsor shall complete a Certification Regarding Debarment,
Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the Sponsor for this
Agreement shall be incorporated into this Agreement by reference.
SECTION 16. PROJECT FUNDING
A. Additional Amounts. The Funding Board shall not be obligated to pay any amount beyond the dollar
amount as identified in this Agreement, unless an additional amount has been approved in advance
by the Funding Board or Director and incorporated by written amendment into this Agreement.
B. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the
effective date of this Agreement shall be eligible for grant funds, in whole or in part, unless specifically
provided for by Funding Board policy. The dollar amounts identified in this Agreement may be
reduced as necessary to exclude any such expenditure from reimbursement.
C. After the Period of Performance. No expenditure made, or obligation incurred, following the period of
performance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy
the Funding Board may have under this Agreement, the amounts identified in this Agreement shall be
reduced to exclude any such expenditure from participation.
SECTION 17. PROJECT REIMBURSEMENTS
A. Compliance and Payment. The obligation of the Office to pay any amount(s) under this Agreement is
expressly conditioned upon strict compliance with the terms of this Agreement by the Sponsor.
B. Compliance and Retainage. The Office reserves the right to withhold disbursement of the final ten
percent (10%) of the total amount of the grant to the Sponsor until the Project has been completed
and approved by the Director. A Project is considered "complete" when:
1. all approved or required activities outlined in the Agreement are complete;
2. on-site signs are in place (if applicable);
3. a final Project report is submitted to the Office with the Sponsor's final request for reimbursement;
4. the completed Project has been approved by the Office;
5. final amendments have been processed; and
6. fiscal transactions are complete.
C. Invoice Frequency. Invoices are required at least once a quarter from state agency sponsors and at
least once a year from all other sponsors. The year-end invoice should include expenditures through
June 3D, the last day of the State's fiscal year and be submitted no later than July 15th. Final
reimbursement requests should be submitted to the Office within ninety (90) days of the completion of
the Project, funding end date, or the termination date, whichever comes first.
SECTION 18. ADVANCE PAYMENTS
Advance payments of or in anticipation of goods or services to be provided under this Agreement are
limited to salmon grants and must comply with SRFB policy.
April 15, 2002 - Page 6
General Provisions
SECTION 19. NON-AVAILABILITY OF FUNDS
If amounts sufficient to fund the grant made under this Agreement are not appropriated by the
Washington State Legislature, or if such funds are not allocated by the Washington State Office of
Financial Management (OFM) to the Office for expenditure for this Agreement in any biennial fiscal
period, the Office shall not be obligated to pay any remaining unpaid portion of this grant unless and until
the necessary action by the Legislature or OFM occurs. If the Office participation is suspended under this
section for a continuous period of one year, the Office's obligation to provide any future funding under this
Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by
the Sponsor.
SECTION 20. RECOVERY OF PAYMENTS
In the event that the Sponsor fails to expend funds under this Agreement in accordance with state and
federal laws, and/or the provisions of the Agre.ement, the Office reserves the right to recover grant award
funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available
at law or in equity.
The Sponsor shall reimburse the Office for any overpayment or erroneous payments made under the
Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30
days of demand by the Office. Interest shall accrue at the rate of twelve percent (12%) per annum from
the time that payment becomes due and owing.
SECTION 21. COVENANT AGAINST CONTINGENT FEES
The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure
this Agreement upon an agreement or understanding for a commission, percentage, brokerage or
contingent fee, excepting bona fide employees or bona fide established agents maintained by the
Sponsor for the purpose of securing business. The Office shall have the right, in the event of breach of
this clause by the Sponsor, to annul this Agreement without liability or, in its discretion, to deduct from the
Agreement price or consideration or recover by other means the full amount of such commission,
percentage, brokerage or contingent fee.
SECTION 22. PROVISIONS APPLYING TO DEVELOPMENT/RESTORATION PROJECTS
The following provisions shall be in force only if the Project described in this Agreement is for
developmenUrestoration of land or facilities for outdoor recreation, habitat conservation, or salmon
recovery:
A. Construction Document Review and Approval. The Sponsor agrees to submit one copy of all
construction plans and specifications to the Office for review. Review and approval by the Office will
be for compliance with the terms of this Agreement.
B. Contracts for Construction. Sponsor shall award all contracts for construction using whatever method
is appropriate and legal for the Sponsor.
C. Construction Contract Change Order. Only change orders that significantly reduce or change the
scope of the Project as described to and approved by the Funding Board or the Office must receive
prior written approval.
D. Control and Tenure. Appropriate control and tenure of the land proposed for use must be executed
and documented.
E. Nondiscrimination. Except where a nondiscrimination clause required by a federal funding agency is
used, the Sponsor shall insert the following nondiscrimination clause in each contract for construction
of this Project:
"During the performance of this contract, the Sponsor agrees to comply with
all federal and state nondiscrimination laws, regulations and policies."
April 15, 2002 - Page 7
General Provisions
SECTION 23. PROVISIONS APPLYING TO ACQUISITION PROJECTS
The following provisions shall be in force only if the Project described in this Agreement is for the
acquisition of interest in real property for outdoor recreation, habitat conservation, or salmon recovery
purposes:
A. Evidence of Land Value. Before disbursement of funds by the Office as provided under this
Agreement, the Sponsor agrees to supply evidence to the Office that the land acquisition cost has
been established per Funding Board policy.
B. Evidence of Title. The Sponsor agrees to show the type of ownership interest for the property that has
been acquired. This shall be done before any payment of financial assistance.
C. Deed of Right to Use Land for Public Purposes. The Sponsor agrees to execute an instrument or
instruments which contain:
1. The legal description of the property acquired under this Agreement;
2. A conveyance to the State of Washington of the right to use the described real property forever
for the purpose identified in the Agreement; and
3. A requirement to comply with applicable statutes, rules, and the Funding Board policies with
respect to conversion of use.
D. Assignment of Right. When acquiring a conservation easement, the Sponsor agrees to execute an
instrument or instruments that contain:
1. The legal description of the conservation easement acquired under this Agreement;
2. An assignment to the State of certain rights for access to and stewardship of the property covered
by the conservation easement;
3. Acknowledgement of the right of the Funding Board and the Office for enforcement of the
provisions of the conservation easement; and
4. A statement that the Sponsor will retain all responsibility for obligations under the terms of the
conservation easement.
E. Real Property Acquisition and Relocation Assistance
1. When federal funds are part of this Agreement, the Sponsor agrees to comply with the terms and
conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, 84 Stat. 1894 (1970)--Public Law 91-646, as amended by the Surface Transportation and
Uniform Relocation Assistance Act, PL 100-17-1987, and applicable regulations and procedures
of the federal agency implementing that Act.
2. When state funds are part of this Agreement, the Sponsor, if required by law, agrees to comply
with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition
Policy of the State of Washington, Chapter 8.26.010 RCW), and Chapter 468-100 WAC.
3. Housing and Relocation. In the event that housing and relocation costs, as required by federal
law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved
in the execution of this Project, the Sponsor agrees to provide any housing and relocation
assistance required.
SECTION 24. HAZARDOUS SUBSTANCES
A. Definition. "Hazardous substance," as defined in Chapter 70.1 05D.020 (7) RCW, means:
1. Any dangerous or extremely hazardous waste as defined in Chapter 70.105.010(5) and (6) RCW,
or any dangerous or extremely dangerous waste designated by rule pursuant to Chapter 70.105
RCW;
2. Any hazardous substance as defined in Chapter 70.105.010(14) RCW or any hazardous
substance as defined by rule pursuant to Chapter 70.105. RCW;
3. Any substance that, on March 1, 1989, is a hazardous substance under section 101 (14) of the
federal cleanup law, 42 U.S.C. Sec. 9601(14);
4. Petroleum or petroleum products; and
April 15, 2002 - Page 8
General Provisions
5. Any substance or category of substances, including solid waste decomposition products,
determined by the director [or director's designee of the department of ecology] by rule to present
a threat to human health or the environment if released into the environment.
6. The term hazardous substance does not include any of the following when contained in an
underground storage tank from which there is not a release: Crude oil or any fraction thereof or
petroleum, if the tank is in compliance with all applicable federal, state, and local law.
B. Certification. The Sponsor shall inspect, investigate, and conduct an environmental audit of the
proposed acquisition site for the presence of hazardous substances and certify:
(1) No hazardous substances were found on the site, or
(2) Any hazardous substances found have been treated and/or disposed of in compliance with
applicable state and federal laws, and the site deemed "clean."
C. Responsibility. Nothing in this provision alters the Sponsor's duties and liabilities regarding hazardous
substances as set forth in Chapter 70.1050 RCW.
D. Hold Harmless. The Sponsor will defend, protect and hold harmless the Office and any and all of its
employees and/or agents, from and against any and all liability, cost (including but not limited to all
costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or
suits resulting from the presence of, or the release or threatened release of, hazardous substances
on the property being acquired.
SECTION 25. RESTRICTION ON CONVERSION OF FACILITY TO OTHER USES
The Sponsor shall not at any time convert any real property acquired or any facility developed pursuant to
this Agreement to uses other than those purposes for which assistance was originally approved, without
the approval of the Funding Board or Director, in compliance with applicable statutes, rules, and Funding
Board policies as identified in this Agreement. It is the intent of Funding Board's conversion policy that all
lands acquired and all lands developed with funding assistance from the Funding Board remain in the
public domain in perpetuity unless otherwise identified in the Agreement.
A. By Funding Board policy a conversion may occur under any of the following circumstances:
1. Conveyance. Property interests are conveyed for purposes inconsistent with the intent of the
Agreement and the funding source.
2. Use. Non-eligible uses (public or private) are made of the Project area, or portion thereof.
3. Eligibility. Non-eligible facilities are developed within the Project area without prior approval of the
Funding Board or the Office.
4. Termination of Use/Non-Conformance. The property acquired or project developed no longer
meets or conforms to the intent of the Agreement or the funding source.
B. Element Change. When approved by the Funding Board or Director, certain elements may be deleted
from the Agreement without invoking the requirement to replace the elements. Such deletions are
allowed when the Funding Board or Director determines that the elements are not needed or cannot
be retained due to one or more of the following conditions:
1. Obsolescence
2. Extraordinary vandalism
3. Acts of Nature
4. Designed life expectancy reached
5. Fire
6. Property or property rights lost as a result of legal action
7. ICC National Trails System Act reversion order (National Trails System Act 8(d), 16 U.S.C. ~
1247(d); WAC 286-27-060(2)).
April 15, 2002 - Page 9
General Provisions
SECTION 26. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED
PROJECTS
Sponsors must ensure that properties or facilities assisted with Funding Board funds, including
undeveloped sites, are built, operated, used, and maintained:
A. According to applicable federal, state, and local laws and regulations, including public health
standards and building codes.
B. In a reasonably safe condition for the project's intended use.
C. Throughout its estimated life so as to prevent undue deterioration.
D. In compliance with all federal and state nondiscrimination laws, regulations and policies.
Facilities open to the public must:
E. Follow all state and federal accessibility guidelines.
F. Appear attractive and inviting to the public except for brief installation, construction, or maintenance
periods.
G. Be available for use at reasonable hours and times of the year, according to the type of area or
facility.
SECTION 27. INCOME AND INCOME USE
A. Income.
1 . Compatible source. The source of any income generated in a Funding Board assisted Project or
project area must be compatible with the funding source and the Agreement.
2. Fees. User and/or other fees may be charged in connection with land acquired or facilities
developed with Funding Board grants if the fees are consistent with the:
(a) Value of any service(s) furnished;
(b) Value of any opportunity(ies) furnished; and
(c) Prevailing range of public fees in the state for the activity involved.
Excepted are Firearms and Archery Range Recreation Program safety classes (firearm and/or
hunter) for which a facility/range fee must not be charged (Chapter 79A.252.210 RCW).
B. Income use. Regardless of whether income or fees in a Funding Board-assisted area (including
entrance, utility corridor permit, cattle grazing, timber harvesting, farming, etc.) are gained during or
after the reimbursement period cited in the Agreement, unless precluded by state law, the revenue
may only be used to offset:
1. the Sponsor's matching funds; and/or
2. the Project's total cost; and/or
3. the expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or
program assisted by the Funding Board grant; and/or
4. the expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar
units in the Sponsor's system; and/or
5. capital expenses for similar acquisition and/or development.
SECTION 28. PREFERENc;ES FOR RESIDENTS
Sponsors shall not express a preference for users of grant assisted projects on the basis of residence
(including preferential reservation, membership, and/or permit systems) except that reasonable
differences in admission and other fees may be maintained on the basis of residence. Even so, the
Funding Board discourages the imposition of differential fees. Fees for nonresidents must not exceed
twice the fee imposed on residents. Where there is no fee for residents but a fee is charged to
nonresidents, the nonresident fee shall not exceed the amount that would be imposed on residents at
comparable state or local public facilities.
April 15, 2002 - Page 10
General Provisions
SECTION 29. PROVISIONS RELATED TO NON-PROFIT OR NOT-FOR-PROFIT SPONSORS
A non-profit or not-for-profit organization sponsor shall:
A. Maintain a non-profit or not-for-profit status (including registering with the Washington Secretary of
State) throughout the Sponsor's obligation to the Project as identified in this Agreement.
B. Notify the Office prior to dissolution and within 30 days of dissolution the Sponsor shall name a
qualified successor that will agree in writing to assume anyon-going project responsibilities. A
qualified successor is any party eligible to apply for funds in the subject grant program and capable of
complying with the terms and conditions of this Agreement. The Office will process an amendment
transferring the Sponsor's obligation to the qualified successor.
C. Provide for operation and maintenance of the project. Should the Sponsor fail in this obligation for any
reason, the Project will be considered converted or a failed project, and be subject to all remedies
available to the Funding Board and the Office.
SECTION 30. LIABILITY INSURANCE REQUIREMENTS FOR FIREARM RANGE SPONSORS
A. The Sponsor 1 shall procure an endorsement, or other addition, to liability insurance it may currently
carry, or shall procure a new policy of liability insurance, in a total coverage amount the Sponsor
deems adequate to ensure it will have resources to pay successful claims of persons who may be
killed or injured, or suffer damage to property, while present at the range facility to which this grant is
related, or by reason of being in the vicinity of that facility; provided that the coverage shall be at least
one million dollars ($1,000,000) for the death of, or injury to, each person.
B. The liability insurance policy, including any endorsement or addition, shall name Washington State,
the Funding Board, and the Office as additional insureds and shall be in a form approved by the
Funding Board or Director.
C. The policy, endorsement or other addition, or a similar liability insurance policy meeting the
requirements of this section, shall be kept in force throughout the Sponsor's obligation to the Project
as identified in this Agreement.
D. The policy, as modified by any endorsement or other addition, shall provide that the issuing company
shall give written notice to the Office not less than thirty (30) calendar days in advance of any
cancellation of the policy by the insurer, and within ten (10) calendar days following any termination of
the policy by the Sponsor.
E. The requirement of Subsection A through D above shall not apply if the Sponsor is a federal, state,
or municipal government which has established a program of self-insurance or a policy of self-
insurance with respect to claims arising from its facilities or activities generally, including such
facilities as firearms or archery ranges, when the applicant declares and describes that program or
policy as a part of its application to the Funding Board.
F. By this requirement, the Funding Board and the Office does not assume any duty to any individual
person with respect to death, injury, or damage to property which that person may suffer while
present at, or in the vicinity of, the facility to which this grant relates. Any such person, or any other
person making claims based upon such death, injury, or damage, must look to the Sponsor, or
others, for any and all remedies that may be available by law.
I
SECTION 31. REQUIREMENTS OF THE NATIONAL PARK SERVICE
If the Project has been approved by the National Park Service, United States Department of the Interior,
for assistance from the Federal Land and Water Conservation Fund (LWCF), the Agreement General
Provisions in Section 660.3 Attachment B of the L&WCF Grants-in-Aid Manual as now existing or
hereafter amended are made part of this Agreement, and the Sponsor shall also abide by these
Agreement General Provisions. Further, the Sponsor agrees to provide the Office with reports or
documents needed to meet the requirements of the Agreement or Section 660.3 Attachment B of the
L&WCF Grants-in-Aid Manual.
1 As used in this Section, Sponsor refers to Firearms Range Sponsors.
April 15, 2002 - Page 11
General Provisions
SECTION 32. ORDER OF PRECEDENCE
This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and
state laws. The provisions of the Agreement shall be construed to conform to those laws. In the event of
an inconsistency in the terms of this Agreement, or between its terms and any applicable statute, rule, or
policy or procedure, the inconsistency shall be resolved by giving precedence in the following order:
A. Applicable federal and/or state statutes, regulations, policies and procedures including applicable
federal Office of Management and Budget (OMB) circulars and federal and state executive orders;
B. Project Agreement including attachments;
C. Additional Provisions or Modifications of General Provisions;
D. General Provisions.
SECTION 33. AMENDMENTS
This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
SECTION 34. LIMITATION OF AUTHORITY
Only the Office or Office's delegate by writing (delegation to be made prior to action) shall have the
express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this
Agreement. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of
this Agreement is not effective or binding unless made in writing and signed by the Office.
SECTION 35. WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of
any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach
and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in
writing, signed by the Director, or the Director's designee, and attached to the original Agreement.
'SECTION 36. APPLICATION REPRESENTATIONS -- MISREPRESENTATIONS OR INACCURACY
OR BREACH
The Funding Board and the Office rely upon the Sponsor's application in making its determinations as to
eligibility for, selection for; and scope of, funding grants. Any misrepresentation, error or inaccuracy in any
part of the application may be deemed a breach of this Agreement.
SECTION 37. TERMINATION AND OTHER REMEDIES
The Funding Board and the Office may require strict compliance by the Sponsor with the terms of this
Agreement including, but not limited to, the requirements of the applicable statutes, rules and Funding
Board policies which are incorporated into this Agreement, and with the representations of the Sponsor in
its application for a grant as finally approved by the Funding Board.
The Funding Board or the Director, may suspend, or may terminate, the obligation to provide funding to
the Sponsor under this Agreement:
A. In the event of any breach by the Sponsor of any of the Sponsor's obligations under this Agreement;
or
B. If the Sponsor fails to make progress satisfactory to the Funding Board or Director toward completion
of the' Project by the completion date set out in this Agreement.
In the event this Agreement is terminated by the Funding Board or Director, under this section or any
other section after any portion of the grant amount has been paid to the Sponsor under this Agreement,
the Funding Board or Director may require that any amount paid be repaid to the Office for redeposit into
the account from which the funds were derived.
Apri/15, 2002 - Page 12
General Provisions
The Funding Board and the Office may enforce this Agreement by the remedy of specific performance,
which usually will mean completion of the Project as described in this Agreement. However, the remedy
of specific performance shall not be the sole or exclusive remedy available to the Office. No remedy
available to the Funding Board or the Office shall be deemed exclusive. The Funding Board or the Office
may elect to exercise any, any combination, or all of the remedies available to it under this Agreement, or
under any provision of law, common law, or equity.
SECTION 38. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Agreement, the Office may, by ten (10) days written notice,
beginning on the second day after the mailing, terminate this Agreement, in whole or in part. If this
Agreement is so terminated, the Office shall be liable only for payment required under the terms of this
Agreement for services rendered or goods delivered prior to the effective date of termination.
SECTION 39. DISPUTE HEARING
Except as may otherwise be provided in this Agreement, when a dispute arises between the Sponsor and
the Funding Board, which cannot be resolved, either party may request a dispute hearing according to the
process set out in this section. Either party's request for a dispute hearing must be in writing and clearly
state:
A. The disputed issues;
B. The relative positions of the parties;
C. The Sponsor's name, address, project title, and the assigned project number.
In order for this section to apply to the resolution of any specific dispute or disputes, the other party must
agree in writing that the procedure under this section shall be used to resolve those specific issues. The
dispute shall be heard by a panel of three persons consisting of one person chosen by the Sponsor, one
person chosen by the Director, and a third person chosen by the two persons initially appointed. If a third
person cannot be agreed upon, the third person shall be chosen by the Funding Board's Chair.
Any hearing under this section shall be informal, with the specific processes to be determined by the
disputes panel according to the nature and complexity of the issues involved. The process may be solely
based upon written material if the parties so agree. The disputes panel shall be governed by the
provisions of this Agreement in deciding the disputes.
The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that
panel shall be without the authority of either or both parties to perform, as necessary, or is otherwise
unlawful.
Request for a disputes hearing under this section by either party shall be delivered or mailed to the other
party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has
received notice of the action or position of the other party which it wishes to dispute. The written
agreement to use the process under this section for resolution of those issues shall be delivered or
mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving
party of the request.
All costs associated with the implementation of this process shall be shared equally by the parties.
SECTION 40. ATTORNEYS' FEES
If either party brings litigation to enforce any term or condition of this Agreement, or as a result of this
Agreement, the prevailing party shall be awarded its reasonable attorneys' fees together with necessary
fees, expenses, and costs incurred for such litigation at both trial and appellate levels, as well as in
obtaining execution of judgment. The reasonableness of such costs and attorneys' fees shall be
determined by the court and not a jury.
April 15, 2002 - Page 13
General Provisions
SECTION 41. GOVERNING LAWNENUE
This Agreement shall be construed and interpreted in accordance with the laws of the State of
Washington. In the event of a lawsuit involving this Agreement, venue shall be proper only in Thurston
County Superior Court. The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the
courts of the State of Washington.
In the cases where this agreement is between the Funding Board and a federally recognized Indian tribe,
the following Governing LawNenue applies:
A. The State of Washington agrees that it shall initiate any lawsuit against a federally recognized Indian
tribe arising out of or relating to the performance, breach or enforcement of this agreement in Federal
Court. Interpretation shall be according to the law of the State of Washington. In the event that the
Federal Court determines that it lacks subject matter jurisdiction to resolve the dispute between the
State and Tribal Party, then the parties agree to venue in Thurston County Superior Court, but the
parties agree that the matter shall not be pursued in superior court unless there is a Federal Court
determination that it lacks subject matter jurisdiction.
B. Any judicial award, determination, order, decree or other relief, whether in law or equity or otherwise,
resulting from the action shall be binding and enforceable upon the parties. Any money judgment or
award against the Tribe, tribal officers and members, or the State of Washington and its officers and
employees may not exceed the amount provided for in Section F- Project Funding of the Agreement.
C. The Tribe hereby waives its sovereign immunity as necessary to give effect to this section, and the
State of Washington has waived its immunity to suit in state court. These waivers are only for the
benefit of the Tribe and State and shall not be enforceable by any third party or by any assignee or
delegate of the parties. In any enforcement action, the parties shall bear their own enforcement costs,
including attorneys' fees.
SECTION 42. SEVERABILITY
The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the
Agreement.
WWRP Project Agreement
Outdoor Recreation Account
Project Sponsor:
Project Title:
City of Bremerton
Evergreen Park Expansion/Shoreline Rest.
Project Num ber: 06-18020
Approval Date: 6/7/2007
A. PARTIES OF THE AGREEMENT
This Project Grant Agreement (Agreement) is entered into between the Recreation and Conservation Funding Board
(RCFB), P.O. Box 40917, Olympia, Washington 98504-0917 and City of Bremerton, 345 6th St Ste 600, Bremerton,
WA 98337 (Sponsor) and shall be binding upon the agents and all persons acting by or through the parties.
B. PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the Outdoor Recreation Account of
the State of Washington's General Fund. The grant is administered by the RCFB to the Sponsor for the project
named above.
C. DES CRIPTlON OF PROJECT
The subject Project is described on the attached Project Summary.
D. TERM OF AGREEMENT
The Project Sponsor's on-going obligation for the above project is perpetual unless otherwise identified in this
Agreement.
E. PERIOD OF PERFORMANCE
The Project reimbursement period shall begin on October 1, 2007 and end on June 30, 2010. No expenditure made
before or after this period is eligible for reimbursement unless incorporated by written amendment into this
Agreement.
F. PROJECT FUNDING
The total grant award provided by the RCFB for this project shall not exceed $300,000.00. The RCFB shall not pay
any amount beyond that approved for funding of the project. The Sponsor shall be responsible for all total project
costs that exceed this amount. The contribution by the Sponsor toward work on this project at a minimum shall be as
indicated below:
RCFS - WWRP - Local Parks
Percentage
33.87%
66.13%
100.00%
Dollar Amount
Project Sponsor
Total Project Cost
$300,000.00
$585,733.00
$885,733.00
G. RIGHTS AND OBLlGA TlONS
All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments, including
the Sponsor's Application, Project Summary, Eligible Reimbursement Activities Report, Project Milestones, and the
General Provisions, all of which are attached hereto and incorporated herein.
Except as provided herein, no alteration of any of the terms or conditions of this Agreement will be effective unless
provided in writing. All such alterations, except those concerning the period of performance, must be signed by both
parties. Period of performance extensions need only be signed by RCO's Director.
The Sponsor has read, fully understands and agrees to be bound by all terms and conditions as set forth in these
documents.
H. COMPLIANCE WITH APPLICABLE STATUTES. RULES. AND RCO POLICIES
This Agreement is governed by, and the Sponsor shall comply with, all applicable state and federal laws and
regulations, including Chapter 79A.15 RCW, Chapter 286 WAC and published agency policies, which are
incorporated herein by this reference as if fully set forth.
WWRP Project Aqreement
Chapter 79A.15 RCW, Chapter 286 WAC
PROJAGR.RPT
Outdoor Recreation Account
Page 1 of 2
I. ADDITIONAL PROVISIONS OR MOD/FICA TIONS OF THE GENERAL PROVISIONS
1. On July 1, 2007, the name of the Interagency Committee for Outdoor Recreation changed to the
Recreation and Conservation Funding Board and the office name changed to the Recreation and
Conservation Office. The General Provisions of the Project Agreement do not reflect this change. To
allow immediate implementation of this project, the existing provisions are hereby incorporated into the
agreement. All references to the Board refer to the Recreation and Conservation Funding Board.
References to the Office refer the Recreation and Conservation Office.
2. Before reimbursement of any acquisition related expenses, the sponsor must comply with Governor's
Executive Order 05-05 regarding Archaeological and Cultural Resources for the scope of work
approved in this Project Agreement. The Recreation and Conservation Office will issue a notice to
proceed when appropriate documentation has been received.
In the event that archaeological or historic materials are discovered during future ground disturbing
activities, work in the immediate vicinity must stop; the area must be secured, and the Sponsor must
notify the concerned tribe's cultural staff and cultural committee, the Recreation and Conservation
Office, and Department of Archaeology and Historic Preservation.
3. Sponsor must employ a professional archeologist to monitor: ground disturbance and probing; and
conducting subsurface investigations that may disturb subsurface deposits.
J. FEDERAL FUND INFORMA TlON
(none)
K. PROJECT GRANT AGREEMENT REPRESENTA TlVE
All written communications sent to the Sponsor under this Agreement will be addressed and delivered to:
Proiect Contact
Name: Tom Knuckey
Title: Managing Engineer
Address: 3027 Olympus Drive
Bremerton, WA 98310-4799
ReFS
Recreation and Conservation Office
Natural Resources Building
PO Box 40917
Olympia, Washington 98504-0917
www.rco.wa.gov/rcfb/
These addresses shall be effective until receipt by one party from the other of a written notice of any change.
L. ENTIRE AGREEMENT
This agreement, along with all attachments, constitutes the entire agreement of the parties. No other understandings,
oral or otherwise, regarding this Agreement shall exist or bind any of the parties.
M. EFFECTIVE DA TE
This agreement, for project #06-18020, shall be effective upon signing by all parties.
STATE OF WASHINGTON
RECREATION AND CONSERVATION OFFICE
BY:
Rachael Langen, Deputy Director
DATE:
PROJECT SPONSOR
BY:
TITLE:
DATE:
Pre-approved as to form:
BY: ISI
Assistant Attorney General
WWRP Proiect Aqreement
Chapter 79A.15 RCW, Chapter 286 WAC
PROJAGR.RPT
Outdoor Recreation Account
Page 2 of 2
~~ f/1laag~my
Cammtttu fOr
OUTDOOR
~ RECRERTION
Washington Wildlife and Recreation Program
Local Parks Category
Post-Evaluation Project Summary
TITLE: Evergreen Park Expansion/Shoreline Rest.
NUMBER: 06-18020
STATUS: Board Funded
(Development)
SPONSOR:
City of Bremerton
EVALUATION SCORE:
BOARD RANKING:
52.3333
COSTS:
WWRP - local Parks
local
$300,000
$585,733
SPONSOR MATCH:
34% Appropriation \ Cash
66% Force Acct - labor
Grant - State RCO
Total
$885,733
100%
DESCRIPTION:
Bremerton will use this grant to complete the final development phase of the Evergreen Rotary Park. This complex
is Bremerton's premier park and is used all year for events and recreation. This project will expand the park by 1.56
acres. Crews will restore 700 feet of shoreline, create a beach to provide much needed water access, and develop
additional parking to relieve the pressure on existing parking lots and adjacent streets. Bremerton will contribute
$585,733 in cash, labor, and a state grant.
LOCATION INFORMATION:
Overwater boardwalk along the Port Washington Narrows from downtown Bremerton to Evergreen Park.
COUNTY:
Kitsap
SCOPE :(ELEMENTS):
Architectural & Engineering
Cultural Resources
landscaping
Lighting
Park Furniture
Parking
Permits
Roads
Sales Tax
Shelters
Signing
Site Preparation
Trails
Utilities
Water Access Facilities
ANTICIPATED ACREAGE:
ACREAGE TYPE
Uplands
Acres To
Be Acquired
Acres To
Be Dev/Restored
1.56
Acres To
Be Renovated
FISCAL YEAR:
2008
DATE PRINTED:
October 19, 2007
1 PAPSUM1.RPT
Evergreen Park Expansion/Shoreline Rest.
fI] I'''''gmry
. O~DOORe fOr Eligible Reimbursement Activities Report
~~ RECREATION
Project Sponsor: City of Bremerton Project Number: 06-1802 0
Project Title: Evergreen Park Expansion/Shoreline Rest. Approval: 6/7/2007
Development Items:
Worksite Element Item Unit Quantity Description
#1, Bremerton Boardwalk A & E development Architectural & Engineerit Lump Sum 1.00
#1, Bremerton Boardwalk Cultural resource survey Cultural Resources Optional Cultural Resources
Survey
#1, Bremerton Boardwalk On-site monitoring Cultural Resources Lump sum Monitoring during
construction
#1, Bremerton Boardwalk Grass - sod Landscaping Acres 1.50
#1, Bremerton Boardwalk Irrigation - automatic for turf Landscaping Acres 1.50 Includes irrigation for
plantings
#1, Bremerton Boardwalk Top soil/mulch Landscaping Yds 4,100.00
#1, Bremerton Boardwalk Trees/shrubs Landscaping Lump sum 1.00 Similar plantings to
Evergreen Park
#1, Bremerton Boardwalk Parking and roads Lighting Lump sum 1.00 Same fixtures as
Evergreen Park
#1, Bremerton Boardwalk Pathway Lighting Lump sum 1.00 Same fixtures as
Evergreen Park
#1, Bremerton Boardwalk Benches Park Furniture Each 6.00 Consistent with
Evergreen Park
#1, Bremerton Boardwalk Bike racks Park Furniture Each 1.00 Game Time Model #707
or similar, 5-foot
galvanized
#1, Bremerton Boardwalk Trash receptacles Park Furniture Each 4.00 Vandal resistant, City
standard
#1, Bremerton Boardwalk Parking - asphaltic concrete Parking Spaces 20.00 20 Parking spaces, 4 will
be ADA accessible
#1, Bremerton Boardwalk Striping Parking Lump sum 1.00
#1, Bremerton Boardwalk Wheel stops Parking Each 20.00 6-foot
#1, Bremerton Boardwalk Permits Permits Lump sum 1.00
#1, Bremerton Boardwalk Curbs Roads Linear Ft 300.00
#1, Bremerton Boardwalk Roads - asphaltic concrete Roads Linear Ft 800.00 500 feet at 12' wide, 300
feet at 24' wide
#1, Bremerton Boardwalk Sales Tax Sales Tax Lump Sum 1.00
#1, Bremerton Boardwalk Kiosk Shelters Each 1.00 225 sq ft
#1, Bremerton Boardwalk General park signs Signing Lump sum 1.00
#1, Bremerton Boardwalk Interpretive signs Signing Each 8.00 Local wildlife and history.
#1, Bremerton Boardwalk Kiosk signs Signing Lljmp sum 1.00
#1, Bremerton Boardwalk Demolition Site Preparation Lump sum 1.00 Demolition of Plumber's
and Steamfitters Union
Building
#1, Bremerton Boardwalk Erosion control Site Preparation Lump sum 1.00 temporary erosion
control during
construction
#1, Bremerton Boardwalk Grading Site Preparation Acres 1.50 Includes concrete pad
removal & demo of small
structure
#1, Bremerton Boardwalk Grubbing Site Preparation Acres 1.50 Remove existing
blackberries, weeds and
scotch broom
#1, Bremerton Boardwalk Mobilization Site Preparation Lump sum 1,00
#1, Bremerton Boardwalk Site preparation - other Site Preparation Lump sum 1.00 Removal of dilapidated
pier and dolphins
#1, Bremerton Boardwalk Sidewalks Trails Linear Ft 290.00 10' wide x 2.5" deep
street replacement at
access points
#1, Bremerton Boardwalk Electric transformers/panels Utilities Lump sum 1.00 transformer vault, cnduit
wiring, etc.
#1, Bremerton Boardwalk Surface drainage Utilities Lump sum 1.00 Same as Evergreen Pk,
existing sewer under
adjacent parcel
ELlGREIM.RPT
October 19, 2007
Page:
I j~ 31 Interagency
I {I OUT~ORe ftr
l@J RECRERTION
#1 , Bremerton Boardwalk
ELlGREIM.RPT
Eligible Reimbursement Activities Report
Beach
Water Access Facilities Lump sum
October 19, 2007
1.00 Create sandy beach area
for kayak landing and
beachcombing
Page:
2
~.. I/lter.tg':/Icy,
COml1l1ttu for
. OUTDOOR
~~ RECREATION
Milestone Report By Project
Project Number:
Project Name:
Sponsor:
Project Manager:
06-1802 0
Evergreen Park Expansion/Shoreline Rest.
Bremerton City of
Sarah Thirtyacre
X I Milestone' Target Date . Comments/Description
X I RFP Complete/Consultant Hired 04/01/2006
X Project Start 10/01/2007
I Special Conditions Met 05/15/2008 Documentation of a DNR Lease
Agreement and a Lease Agreement for
use of private property at the proposed
5th Street Landing are required prior to
reimbursement for any expenses.
I A&E Complete/Permits Submitted 06/30/2008
I Special Conditions Met 06/30/2008 Compliance with EO 05-05. Cultural
Resources Survey Required per
DAHP.
Annual Project Billing 07/31/2008
Plans/Specs Reviewed Mgmt Agy 08/31/2008
Bid Awarded 03/31/2009
I . Construction Started 07/31/2009
Annual Project Billing 07/31/2009
Proposed Completion Date 12/31/2009
! Project Complete 06/30/2010
Annual Project Billing 07/31/2010
Final Docs/Billing to Mgmt Agy 09/30/2010
x = Milestone Complete
! = Critical Milestone
1MILESTO.RPT
October 19. 2007
Paqe:
Press Release Template
City of Bremerton offered grant to develop outdoor recreation facilities.
(Sremerton) - City of Sremerton was awarded a grant of $300,000.00 from the Washington Wildlife and
Recreation Program, Outdoor Recreation Account, Local Parks category. The grant was awarded by the
Recreation and Conservation Funding Soard (RCFS), and will be used for the following:
Sremerton will use this grant to complete the final development phase of the Evergreen
Rotary Park. This complex is Sremerton's premier park and is used all year for events and
recreation. This project will expand the park by 1.56 acres. Crews will restore 700 feet of
shoreline, create a beach to provide much needed water access, and develop additional
parking to relieve the pressure on existing parking lots and adjacent streets. Sremerton will
contribute $585,733 in cash, labor, and a state grant.
There were sixty-nine applications submitted for consideration in the Washington Wildlife and Recreation
Program, Outdoor Recreation Account, Local Parks category. Each project went through an evaluation
process prior to being recommended for funding. The RCFS Soard approved funding for projects on
Thursday, June 7, 2007.
Funding for the Washington Wildlife and Recreation Program, Outdoor Recreation Account, Local Parks
category comes from the sale of state general obligation bonds. City of Sremerton will leverage local
contributions totaling $585,733.00 with grant monies to implement the project. Total estimated project
cost is $885,733.00. RCFS is the state's administrator of the grant program.
Contact:
Tom Knuckey, (360) 473-2376 (sponsor project manager)
Sarah Thirtyacre, (360) 902-0243, saraht@rco.wa.gov (RCFS project manager)
"
,
DATE SUBMITTED: Jall,uary 28,2008
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
ffff8oB-627
5N
.......................................................................................,
SUB.JECT: Reappointment to the Planning
Commission.
Committee Meeting Date:
COUNCIL MEETING Date: February 6, 2008
Department: Executive
Presenter: Mayor Bozeman
Phone: 473-5266
SUMMARY: The term ofPlmming Commissioner Andy Kosusko will expire on February 8, 2008.
It is recommended he be reappointed to another term.
A TT ACHMENTS: Application for reappointment available in the Mayor's office.
FISCAL IMPACTS (Include Budgeted Amount): N/A
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR: ~
MAYOR: C::::,cIr- ""'c
/
--
--,
COUNCIL PRESIDENT:
CONSENT AGENDA ~
RECOMMENDED MOTION: Move to confirm the reappointment of Andy Kosusko to the
Planning Commission.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action