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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.. 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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