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HomeMy WebLinkAbout06/16/2010 AGENDA � - � f`�� � � � �'� , , � . � y , . ; ° ; i � � ; � � c�uv�,� �;r� � '� p� � •���� t�� --==--' CITY COUNCIL 345 6� Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473-5280 ***AMENDED*** JUNE 16, 2010 CITY COUNCJL MEETING AGENDA 1. BRIEFING 5:00 — 5:30 P.M. in COUNCIL CONFEREIVCE ROOM 603 A. Generai Council Business 2. CALL TO ORDER 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. PUBLIC RECOGNITION 5. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting — June 2, 2010 C. Minutes of Study Session — June 9, 2010 D. Confirm appointment of Vincent O. Akhimie as the new Director of Public Works & Utilities for the City of Bremerton E. Amendment to extend the Voluntary Separation Agreement with Human Resources Manager Carol Conley 6. GENERAL BUSINESS A. Acceptance of Department of Commerce Energy Efficiency Conservation Block Grant (EECBG) for Lighting and Window Upgrades at City Facilities B. Ordinance No. 5114 amending Section 10.10.140 of the Bremerton Municipal Code (BMC) entitled "Disabled Parking° to provide time limits C. . . . u n µ � ;,.e.,ce Den� �irerl^ Item pu/led... 7. COUNCIL MEMBER REPORTS 8. EXECUTIVE SESSION A. 30-Minutes to discuss °Potential Litigation" and "Pending Litigation" per RCW 42.30.110 - (1) (i) Information only, No action anticipated... 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING � Amencans wrth D►sabtl�bes Act (ADA) accommodafions provided upon request Those nequiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISIT YOUR COMMENTS TO BE INCLUDED IN THE RECORD � � c�� ,� � �-, REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU DATE SUBMITTED: 6/16/2010 AGENDA BII.L CITY OF BREMERTON CITY COUNCII, ,� �� s a�� a r��o�����s��oe��so�����a���r�si��������ae��oo���e���as����a����oo����o��o���o������o���� SUB.TECT: Committee Meeting Date: � COi7NCII. MEETING Date: 7une 16, 2010 Claims & Check Register Department: Financial Services Presenter: Cathy Johnson Phone: 473-5296 SUNIlIRARY: Consent Agenda item. Approval of checks and electronic fund transfers. AT'I'AC�MEN1'S: Check Register. � FISCAIL IlVdPACTS (Include Budgeted Amount): APPItOVALS: DEPARTMENT DIltECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: CONA�IITTEE CHAIR . � COUNCII, PRESIDENT: CONSENT AGENDA � GENERAL BUSINESS ❑ . PUBLIC HEARING ❑ R�COM1VIElVD�ID MOTION: 1) Check #'s 338099 through 338303 and EFT's 9914 through 9957 in the amount of $2,616,459.86. 2) Regular Payroll for the pay period ending May 31, 2010 in the amount of $914,688.16. COiTNCIL ACTION: � Approve ,❑ Deny ❑ Table ❑ Continue ❑ No Action i �.� i i�. �t i3�ti�i��ri�.i�: :�(:F.ND:� Kll.l. ('t'1'1' t)F I3RE:�if:R'fON �'rr�' c •�t ��c ���. ......................................................................................., til'R.IF:('T: ('it�• ('��►inril �tc�tin� :�tinutcs ('��n�mittcc �-lc�tin� [).it�: V `:� ti�r m��tii�� ut� c'c �l!Nc'il. �il:t:'l'IN� � i�atc: �Gs�as�lv� Uc��artm�i�t: ('ity ('uut�cil �� `?�� o � , a o � p Prescnt�r: N irk �Voffora, (' uuncil Presi�lent 1'hunc: � �bO) =173-5280 tiU�1i��i��RY: Attaclle�l is the summary of thc City C c�iuicil ;�teetin� hcla Su, a� a o� n ATTAC.HNIENTS: Meeting Minutes for f�„ a� ab� o FISCAL IMPACTS (Include Budgeted Amount): N/A .4PPROVALS: � DEPARTMENT DIRECTOR: Council President C(TY ATTORNEY: N/A �INANCE DIRECTOR: N/A NIAYOR: N/A ('OMMITTEE CHAIR N/A �'OUNC'IL PRESIDENT: _ I C'ONSENT AGENDA � i GENERAL BUS[NESS ❑ i_ PUBLIC' HEARING ❑ ItH:C'O'�1,�1E�IDED �IOTION: �lu��r t�� ar��rovr mcctin� minutcs �is prescntc�i. ('O('\('ll..�("17ON: ❑ ,lppru��c ❑ Ihny ❑ �fahl� ❑ ('��ntinu� ❑ No Action DIGITAL RECORDING GTY COUNCIL MEETING MINUTES Wednesday, June 2, 2010 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, June 2, 2010, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6` Street, Bremerton, Washington with Council President Nick Wofford presiding. Council Members present were Will Maupin, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell and Jim McDonald. Also present were City Attorney Roger Lubovich; City Clerk Carol Etgen; and Legislative Assistant Lori Smith. A Courvc�� BRiEF�rvG was then held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Jim McDonald followed by the invocation provided by Pastor Scott Shaw of Bremerton First Church of the Nazarene. MAYOR'S REPORT Mayor Patty Lent... • Reported on the "Fill the Boot" Campaign for the Muscular Dystrophy Association (MDA); � Hosted students from Crown Hill Elementary School last Friday; • Was pleased with the wine tasting and pancake breakfast events included with the Harbor Festival; and • Attended a luncheon with legislators sponsored by the realtors to discuss local issues. PUBLIC RECOGNITION � ANNOUNCEMENTS Katrina Fulkerson, Kitsap Family YMCA, announced that Saturday, June 12 will be "Community Day" and will include a picnic beginning at 11:30 AM at the YMCA; Saturday, June 19 there will be an Open House for retiring Executive Director Glen Godfrey; and the "Splash & Jam" program will be from 6:00 to 9:00 PM. Please call (360) 377-3741 if you have any questions. CONSENT AGENDA A. Check Numbers 337819 through 338098; and EFT-9863 through EFT-9913 in the amount of $3,250,746.21; and Retiree Payroll in the amount of $78,743.92 for the pay period ending May 31, 2010. B. Minutes of Meeting — May 19, 2010 C. Minutes of Study Session — May 26, 2010 D. Approve purchase of bulk 12.5% Sodium Hypochlorite Solution from OuN CH�oR Autau PROOUCTS for the Westside Wastewater Treatment Plant E. Approve Pollution Liability Insurance Policy bound by INDIAN HARBOR INSURANCE COMPANY for 2010 through 2013 F. Resolution No. 3118 supporting the initial findings of the Bremerton Economic Development Study and endorsing the Belfair Bypass Project G. Professional Services Agreement with the Law Offices for Kenneth W. Bagwell for Legal Services There were no questions or comments from the public... 05:43:15 M/S/C/U (Runyon/Arends) Move to approve the CotvsEtvT A�EN�A as presented. GENERAL BUSINESS � 6A — APPROVE PARKING ENFORCEMENT SERVICES CONTRACT W1TH DIAMOND PARKING SERVICES. LLC: Carol Etaen, City Clerk, explained that the City advertised a Request for Proposal (RFP) for city-wide parking enforcement services on April 5, 2010. Two firms responded by the April 29' deadline. The scope of services outlined in the RFP included city-wide on-street enforcement with the emphasis on the downtown core, residential 1 and 2 hour, and permit only zones surrounding Puget Sound Naval Shipyard with a minimum of 473 patrol hours per month and 104 patrol hours City Council Reg. Mtg. Minutes Wednesday, June 2, 2010 Page 2 of 5 dedicated to off-street enforcement that encompassed the City's 4` & Washington parking garage and the three City-owned lots of Park Avenue. The City received two proposals, one from Republic Parking NW , Inc. and the other from DIAMOND PARKING SERVICES LLC. Both firms are established and highly recommended throughout the Puget Sound region. The evaluation team is recommending that the City contract with Diamond Parking Services, LLC for city- wide enforcement services for a term of three years. Their recommendation is based upon Diamond Parking's availability and history to perform most effectively the specific scope of services for the price of $19,113 per month. There were no comments from the public... 05:49:30 Main Motion was made by McDonald; and seconded by Runyon. 05:50:15 Amendment to the Motion was made by Maupin; and seconded by Arends. .. Discussion then began by the Council.. . Debate was held on whether or not to continue with Di,4MONO PARK�NG, LLC as the City's parking enforcer; and the problems that need to be addressed regardless of who is assigned the contract... 06:14:49 A-M/S/C (Maupin/Arends) Move to Amend the Main Motion to change the Term of the Agreement in paragraph II from a period of 3-%2 years (July 1, 2010 to December 31, 2013) to 1-year (July 1, 2010 to June 30, 2011). Voted in favor of Amendment: Brockus, Runyon, Robinson, Arends, Maupin, Wofford Voted against Amendment: McConnell, Wheeler, McDonald Amendment carried: 6-Yes; 3-No 06:15:10 M/S/C (McDonald/Runyon) Move to approve the parking enforcement services contract with DIAMOND PARKING LLC and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. Voted in favor of Motion: Runyon, Arends, Maupin, McDonald, McConnell, Wofford Voted against Motion: Brockus, Wheeler, Robinson Motion carried: 6-Yes; 3-No 6B — CONTRACT AWARD TO STAN PALMER CONSTRUCTION FOR CONSTRUCTION OF THE "LIONS PARK RENOVATION" PROJECT: Wvn Birkenthal, Parks & Recreation Director, stated that sealed bids for construction of the project titled "Lions Park Renovation" were opened on May 18, 2010. The engineer's estimate for this project is $1,284,760.50. Three bids were received for this project; and Stan Palmer Construction was the lowest responsive, responsible bidder with a bid of $1,252,060.00 including sales tax. Richard Nerf of the City's Parks Commission expressed his comments in support of the process to improve the park. Art Castle, Kitsap Home Builders Association, congratulated Wyn Birkenthal and Parks staff for obtaining this grant. 06:20:30 Motion was made by Brockus; and seconded by McDonald... Council Members then began their discussion . . . Rov Runvon asked Mr. Birkenthal to explain the sources of the required matching funds. Mr. Birkenthal explained that the match will come from the recent sale of bonds. Cecil McConnell was concerned tha# the total cost of the bonds was more than what is being discussed because the amount did not include the interest. City Council Reg. Mtg. Minutes Wednesday, June 2, 2010 . Page 3 of 5 06:23:25 M/S/C (Brockus/McDonald) Move to award the contract in the amount of $1,252,060.00 111CIUdl11g S812S t8X Wlth STAN PALMER CONSTRUCTION Itvc. for construction of the project titled "Lions Park Renovation"; and authorize the Mayor to finalize and execute the necessary documents for construction. Voted in favor of Motion: Runyon, Wheeler, Robinson, Arends, Maupin, Brockus, McDonald, Wofford Voted against Motion: McConnell Motion carried: 8-Yes; 1-No PUBLIC HEARINGS 7A — APPROVE LOCAL SOLICITATION 2010 JUSTtCE ASSISTANCE GRANT APPLICATION: Police Chief Crai4 Rocters summarized that the Bremerton Police Department is applying for the local solicitation Edward Byrne Memorial Justice Assistance Grant (JAG) that will allow the City of Bremerton to sustain the Community Resource Unit and its crime prevention function with part-time staffing. Without this grant, the Community Resource Specialist position will be eliminated through reduction in force (RIF). The grant will help us sustain our enhanced policing initiative on a part-time basis in years 2010 and 2011. The grant is from the Department of Justice. No matching funds are needed from the City. The total grant amount is $51,155.00, and the grant duration is through September 2011. President Wofford opened up the public hearing... With no questions or comments, the hearing was closed to the public... 06:26:30 Motion was made by Wheeler; and seconded by Robinson... Council Members then began their discussion... Rov Runvon asked if there were "any strings" attached. Chief RoQers responded that "no strings" were attached with this grant. Dianne Robinson commended the Community Resource Officer and was pleased that funding would continue this work. Greq Wheeler also thanked Andy Oakley for a job well done. 06:28:00 M/S/C/U (Wheeler/Robinson) Move to approve the 2010 Justice Assistance Grant Application. � 76 — ORDINANCE NO. 5112 TO AMEND TITLE 18 TITLED "CITY FIRE CODE" OF THE BREMERTON MUNICIPAL CODE (BMC); AND TO ADOPT THE 2009 CHANGES TO THE INTERNATIONAL FIRE CODE: Fire Chief AI Duke said that the proposed ordinance amends the Bremerton Municipal Code to reflect the updates provided for in the 2009 International Fire Code, adopts several provisions of the International Residential Code and makes other housekeeping amendments to reference the International Fire Code. President Wofford opened up the public hearing... Ron Perkowitz, current President of the Homebuilders Association, clarified that he was not against fire sprinklers but wanted it to be a choice, not a requirement. With no further questions or comments, President Wofford closed the hearing to the public... 06:32:40 Main Motion was made by McDonald; and seconded by Runyon... Council Members then began their discussion... Rov Runvon and Greq Wheeler supported the ordinance since the residential sprinklers requirement was removed. City Council Reg. Mtg. Minutes Wednesday, June 2, 2010 , Page 4 of 5 Adam Brockus hoped that the City will be able to work with other cities to address the sprinkler issue. 06:36:38 M/S/C/U (McDonald/Runyon) Move to pass Ordinance No. 5112 amending Title 18 of the Bremerton Municipal Code adopting the 2009 changes to the International Fire Code. 7C — ORDINANCE NO. 5113 TO AMEND CHAPTER 17.04 TITLED "STATE BUILDING CODE ADOPTION" OF THE BREMERTON MUNICIPAL CODE (BMC); TO REPEAL THE ADOPTION OF THE WASHINGTON STATE VENTILATION AND INDOOR AIR QUALITY CODE• AND TO ADOPT THE 2009 EDITIONS OF THE VARIOUS BUILDING CODES: JoAnn Vidinhar, Community Development, emphasized that the action before the Council is to conduct a public hearing and pass an ordinance amending BMC Chapter 17.04 to adopt the 2009 editions of the International Building Code, International Residential Code, International Mechanical Code, International Property Maintenance Code, International Fuel Gas Code, and the Uniform Plumbing Code, as amended by the Washington State Building Code Council or published by the International Code Council; repeal the adoption of the Washington State Ventilation and Indoor Air Quality Code; and in addition make minor housekeeping amendments for proper references in the BMC. President Wofford opened up the public hearing... Ron Perkowitz, President of the Homebuilders Association, commented that patience will be needed while both sides go through this process... With no further questions or comments, President Wofford closed the hearing to the public.. . 06:41:50 Motion was made by Runyon; and seconded by Robinson...Council Members then began their discussion... Will Maupin asked if these proposed changes are mandated. Ms. Vidinhar answered that these changes are mandated by the State and will become effective July 1 regardless of passage by the Council. Rov Runvon asked for more information about decks. Ms. Vidinhar responded that if a deck were attached to an exit door, then a permit would be required. 06:45:00 M/S/C/U (Runyon/Robinson) Move to pass Ordinance No. 5113 to adopt the 2009 editions of the various Building Codes and to amend BMC Chapter 17.04, City Building Code. COUNCIL MEMBER REPORTS Jim McDonald participated in a panel a few weeks ago to interview candidates for the vacant Public Works and Utilities Director position and hoped that an announcement would be made soon. Rov Runvon attended the Kitsap Harbor Festival last weekend and thanked Carol Atkinson of Main Stream Association and volunteers for making the event happen; and urged the Council to pay more attention to the citizens by taking up the issues that are being raised. Greq Wheeler also attended the Kitsap Harbor Festival and thanked fellow Council Member Runyon and his wife Kimberly for their volunteer efforts; looked forward to his service on the Kitsap Community Resource Board; and attended some very moving Memorial Day services. Dianne Robinson highlighted some of the issues being discussed during a recent Public Works Committee meeting including downtown traffic circulation changes; mentioned that the Economic Recovery (Title II) Grant was discussed during a Kitsap Regional Coordinating Council (KRCC) meeting; and attended several local events. City Council Reg. Mtg. Minutes Wednesday, June 2, 2010 Page 5 of 5 Carol Arends attended several Memorial Day events including visits to Ivy Green Cemetery and Federal Cemetery in Thurston County (her brother). Will Maupin also attended Memorial Day services at Ivy Green Cemetery; and thanked the Parks Department for keeping the grounds in excellent condition. Nick Wofford had the opportunity this weekend to represent the City at several Memorial Day events, but would like to see more attendance by the younger generation at these types of events. With no further business, President Wofford adjourned the Council Meeting at 6:53 PM. Pre red and Submitted by• � � R MITH Legislative Assistant Attest: CAROL ETGEN, City Clerk NICK WOFFORD, City Council President NW:CE:Is:cg i�;� i i�. �t;i3titri����i�:i�: :�GF.NDf� I;t1.t. ('I'Cl' QF f3RE1�lERTON ('I�T'1'' (.'OliN('Il. .......................................................................................� til'R.IF.("T: (�'itv (`��iu�cii �lcctin� �tinutcs ('umi�iittr� ��icctin� D.►tc: V;,� li�i' tll��tilt3 ut� ('( )l liV('ll. �II:I:"I'IV( i l):tt�: - �� _a //_ a e z'--s-�°- U���artmcnt: ('ity ( �iuncil S �� e ' 9, a D I'rescntcr: Nick W��fforci, C'uti Presidcnt I'h�mc: � �6U) �73-5280 tiU�I1iARY: ��ttacllcd is the summary of thc City Council Meetin� hcla f� 9, ao� o t�TTACHMENTS: Meeting Minutes for �t�,�e 9 a o � o � FISCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT D[RECTOR: Council President C'ITY ATTORNEY: N/A F[NANCE DIRECTOR: N/A NIAYOR: N/A �'OMM[TTEE CHnIR N/A ('OUNC'IL PREStDENT: _ I C'ONSENT AGENDA � ( GENERAL BUSINESS ❑ _ P (1QL[C HEARING ❑ ItE('Oi�1:�1F.NDFD ,�IOTION: �lu��� t�� a���ii•u��r �iicrtin3 minutes as prescntcci. ('Ot'�('ll. .�("I'1Or: ❑ ,1E�pro��e ❑ Orny ❑ fahl� ❑ ('untuiu� ❑ Nu .lctiun DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES June 9, 2010 A Study Session of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603, Of th2 NORM DICKS GOVERNMENT CENTER 345 6� Street Bremerton, Washington, Wednesday, June 9, 2010, at 5:00 PM, with Council President Nick Wofford presiding. Council Members present were Will Maupin, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell, and Jim McDonald. Legislative Assistant Lori Smith was present to provide staff support. President Wofford emphasized that the Study Session was open to the public, however there would be no opportunities for input or participation; that no action will be taken, and the content of these items is subject to change. A. NO DISCUSSION PLANNED - The following items are budgeted items or have been reviewed by the appropriate Council Committee: 1. Acceptance of Department of Commerce Energy Efficiency Block Grant (EEBCG) for Lighting and Window Upgrades at City Facilities — Pat Coxon, Public Works & Utilities Department; and Dianne Robinson, Public Works Committee Chair Genera/ Business on June 16 Council Agenda B. BRIEF/FULL DISCUSSION PLANNED 2. Proposed ordinance to amend Section 10.10.140 of the Bremerton Municipal Code (BMC) entitled "Disabled Parking" — Nick Wofford, Council President; and Roy Runyon, Public Safety & Parks Committee Chair Genera/ Business on June 16 Council Agenda 3. Proposed ordinance to amend Section 5.02.040 of the Bremerton Municipal Code (BMC) entitled "Definitions" and Section 5.02.070 entitled "Separate General Business License Required" — Nick Wofford, Council President; and Adam Brockus, Finance Committee Chair Genera/ Business on June 16 Council Agenda 4. Proposed ordinance to create a new Chapter 5.97 of the Bremerton Municipal Code (BMC) entitled "Rental License and Inspections" providing for the licensing and inspections of rental dwelling units — Nick Wofford, Council President; and Adam Brockus, Finance Committee Chair This ifem is on HOLD until further notice... 5. Request to confirm appointment of Vincent O. Akhimie as the new Director of Public Works & Utilities for the City of Bremerton — Mayor Patty Lent; and Dianne Robinson, Public Works Committee Chair Consenf Ca/endar on June 16 Council Agenda 6. Update on Non-Motorized Facilities in Kitsap County — Mary McClure, Executive Director, Kitsap Regional Coordinating Council (50-Minutes... Information Only) C. GENERAL COUNCIL BUSINESS 1. Briefings were provided by Council Members and Committees Chairs. It was also announced that the Port of Bremerton would participate in a joint Study Session with the Council on July 14, 2010. With no further business, President Wofford adjourned the Study Session at 7:50 PM. City Council Study Session Minutes Wednesday, June 9, 2010 Page 2 of 2 Pre ared and Submitted by: � L RI SMITH Legislative Assistant Attest: CAROL ETGEN, City Clerk NICK WOFFORD, City Council President NW:CE:Is:cg DATE SUBMITTED: 6/8/2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Council Confirmation of a new Committee Meeting Date: 6/9/2010 Director of Public Works & Utilities. COUNCIL MEETING Date: 6/16/2010 Department: Executive Presenter: Mayor Lent Phone: 473-5266 SUMMARY: BMC Chapter 2.50, Section 2.50.032 (a) requires Counci( confirmation for the appointment of a Department Director. Council confirmation is requested to hire Vincent O. Akhimie as Director of Public Works & Utilities. Mr. Akhimie's exemplary career spans 24 years in the public sector as Director of Public Works and/or Director of Utilities at both the County and municipal level with such jurisdictions as Stamford, CT, Oak Park, IL, Miami Beach, FL, Polk County, FL, DeSoto County, FL, Oviedo, FL and Riveria Beach, FL. He holds Bacheor and Masters degrees in Civil Engineering from the University of WA and 50 hours towards his Ph.D in Public Administration, P(anning & Engineering at the U. of Michigan. He also completed a 2-year Certified Public Manager Program at FL State University Center for Public Management. ATTACHMENTS: Resume and Letter of Engagement outlining the negotiated terms of his employment with the City of Bremerton FISCAL IMPACTS (Include Budgeted Amount): Position is fully funded per approval of 2010 budget. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: - . FINANCE DIRECTOR: MAYOR: . COMMITTEE CHAIR q� COUNCIL PRESIDENT: CONSENT AGENDA ; GENERAL BUSINESS � PUBLIC HEARING ❑ RECOMMENDED MOTION: I move to confirm the appointment of Vincent O. Akhimie as the new Director of Public Works & Utilities for the City of Bremerton under the terms and conditions outlined in his Letter of Engagement. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action VINCENT O. AKHIMIE CPM P.e. 3400 N. Ocean Drive, West Palm Beach, FL 33404 Cell: (863) 409-5754 vincent.akhimie(8tverizon.net OBJECTIVE To apply extensive management experience in public works and utilities, working effectively with staff, citizens, business and community leaders, federal and state agencies, and elected officials. SKILLS SUMMARY Twenty years of local government management experience with demonstrated skills in: • Community relations ■ Capital projects implementation ■ Strategic planning ■ Customer service ■ Intergovernmental relations ■ Policy analysis ■ Staff development • Organizational development ■ Finance & budget • Media relations ■ Innovation and problem solving � Team building EDUCATION University of Washington Seattle, Washington Master of Science in Engineering (MSCE) and Bachelor of Science in Engineering (BSCE). University of Michigan Ann Arbor, Michigan Completed 50 semester hours beyond the Master's degree in Public Administration, Planning, and Engineering. Applicant for the Ph.D. Florida State Unlversity, Center for Public Management Tallahassee, Florida Completed Certified Public Manager Program and earned CPM designation. EMPLOYMENT HISTORY SUMMARY 2006 - Present Director, Department of Public Works City of Riviera Beach, West Palm Beach Metropolitan Area, Florida 2004-2006 Director, Department of Public Works (including Utilities) City of Oviedo, Orlando Metropolitan Area, Florida 2003-2004 Director of Utilities, Board of County Commissioners , DeSoto County, Florida 1997-2003 Director of Utilities, Board of County Commissioners (Traffic Engineer 11/02-4/03), Polk County, Florida 1994 - 1997 Director, Department of Public Works (including Utilities) City of Miami Beach, Florida 1992 -1994 Director, Department of Public Works (including Utilities) Oak Park, Chicago Metropolitan Area, Illinois 1986-1992 Director of Traffic and Parking (and Executive Director, Greater Stamford Transit District) City of Stamford, CT (Greater New York City) Vincent O. Akhimie, P.E., CPM DETAILS OF PROFESSIONAL EXPERIENCE Public Works Director, City of Riviera Beach, FL 2006 — Present For a coastal community of 36,430, home to the Po�t of Palm Beach, the eighteenth busiest container port in the continental US, centrally located within the urbanized area of Palm Beach County with a total population of 1.26 million, serve as Public Works Director for the City of Riviera Beach and assisting one of the two Assistant City Managers in managing the City's Utilities District with 70 employees. Riviera Beach is a council-manager community. Duties and Responsibillties: Reporting directly to the City Manager, manage all 50 Public Works Department employees and operations, prepare and manage implementation of Annual Budget and Work Program for the Department. Responsible for Public Works Administration, Storm Water Management, Fleet and Building Maintenance and Asset Management, Facilities, Solid Waste Management, Streets and Lighting. Achievements: • Initiated and managed the City's first comprehensive Stormwater Master Plan • Spearheaded the City Manager's Infrastructure Task Force for the City • Served as a member of the union negotiation team • Completed a comprehensive Master Maintenance Schedule for the Department of Public Works, encompassing Streets, Stormwater, Facilities, and Vehicle Maintenance • Completed the City's first five year Vehicle Replacement Plan • Serving on Palm Beach County $800M Waste to Energy Plant Design and Operations Committee Public Works Director, City of Oviedo, Florida 2004 — 20os Oviedo is a council-manager community on the east side of the Orlando metropolitan area of over 1.1 million. The Public Works Department's five-year Capital Improvements Program was $50 million, with a work force of 75 employees out of the City's total work force of 350 with an annual budget of $353 million. Duties and Responsibilities: Reporting directly to the City Manager, managed all Public Works Department employees and operations, prepared and managed implementation of Annual Budget and Work Program for the Department. Responsible for Public Works Administration, Engineering, Storm Water Management, Fleet and Building Maintenance and Asset Management, Facilities, Mosquito Control, Water and Waste Water, Reuse, Solid Waste, Urban Forestry, Traffic Engineering, Streets and Lighting. Appointed by the City Manager and City Council to represent the City on the Joint Committee of Cities and Seminole County to develop the Region's Water Supply Plan for the Year 2025, the joint cities and county Solid Waste Committee and the joint cities and county Storm Water Management Committee. Chaired the City's Staff Strategic Planning Group on Infrastructure working on one of the three goals adopted by the City Council in 2005 to ensure that the City's infrastructure kept pace with anticipated growth in the community, which then led to the preparation and adoption of the City of Oviedo's first ever 5-Year Capital Improvements Program and Budget for new infrastructure projects, including: • Expansion of the City's utilities to include wastewater treatment • City Stormwater Master Plan, which was completed and adopted in FY 2005 including a rate increase in stormwater utility fees to fund projects included in the Master Plan • Police, Fire and other City facilities through the year 2025 • New $4.1 million Public Works complex, of which the first phase was completed in 2006 • City Fuel Depot to provide fuel for City vehicles, particular emergency vehicles, around the clock, which was designed and is contracted for construction to be completed in early 2006. 3 Vincent O. Akhimie, P.E., CPM PROFESSIONAL EXPERIENCE (continued) Achievements: • Managed development of Water, Waste Water, and Reclaimed Water Master Plans for 2025 • Wo�Ced with the City Manager to transfer Solid Waste Services by Republic Inc. into the Public Works Department • Reorganized the City's Public Works Department into three major divisions, Engineering Services, Operations, and Utilities, to facilitate open communication and handle the expected increased dema�d for City services to accommodate the growth and development projected in the City. • Attracted and hired competent, qualified staff to fili key positions, including some that were newly created. • Took over management of public works projects that are now completed, such as Shane Kelly Park, Round Lake Park, the Rock Climbing Wall, Franklin/Division Street and the Division Street Extension, Downtown Parallel Pairs, urban forestation for Mitchell Hammock, and State of Florida grant-funded beautification for SR 434 within the City. Milestones of progress while leading the Public Works Department include • Completion of the City's $13 million 10 million gallon per day water treatment plant. • Initiated monumentation and beautification of gateway routes into the City of Oviedo • Doubled the size of the City's arbor worlc group for citywide landscaping and trees for the City of Oviedo • Created and staffed new Fleet Management Division to enhance efficiency and reduce life cycle costs for approximately 200 City-owned pieces of equipment and vehicles. Director of Utilities,Board of County Commissioners, DeSoto County, FL 2003— 2004 Hired by County Administrator to implement a new water and wastewater utility for DeSoto County, to promote area growth and new career and education opportunities for Cownty residents by providing water and wastewater service to new development, including a new Wal-Mart Distribution Center, Wat-Mart Super Center and South Florida Community College. • Implemented $30 million first phase of a three-phase $70 million capital improvements program with a first year budget of $21 million, for a new comprehensive county-wide water, wastewater and reclaimed water system. • Managed construction of 20 miles of water t�ansmission mains with fire hydrants located every 1,000 feet to provide fire protection and safe drinking water, two reverse osmosis water treatment facilities, storage tank and booster pumping facility, and 31 miles of wastewater transmission mains, six wastewater lift stations, built in less than twelve months. • Participated in negotiating purchase of several private utility systems by the County. • Worked with the Heartland Water Altiance (HWA) comprised of Highlands, Hardee, Polk and DeSoto Counties and the Peace River Manasota Water Supply Authority alliance of the Counties of Charlotte, DeSoto, Manatee and Sarasota and the Cities of Northport, Long Boat Key, Punta Gorda, Arcadia and Bradenton, in both cases to produce the 2020 Area Water Supply Plan for the region. • Worked with staff of the Peace River Manasota Water Supply Authority to implement regional capital improvement programs, and attended Authority Board meetings representing OeSoto County administration. • Served on the Public Water Supply Advisory Committee of the Southwest Florida Water Management District (SWFWMD). • Presented regular progress reports and updates to Board of County Commissioners. 4 Vincent O. Akhimie, P.E., CPM PROFESSIONAL EXPERIENCE (continued) Director of Utilitles, Board of County Commissioners, Polk County, FL 1997-2003 Traffic Engineer, 11/02 — 4/03 Polk County is a charter county serving a population of 500,000 with a land area of 2,010 square mi�es in Central Fforida. Polk County government has 1,950 employees, an annual operating budget of $860 million, and a five-year capital improvement program of $400 million. Duties and Responsibilities: ■ Represented the agency at County Commission meetings and in dealing with other public agencies at the national, state and local levels, business and community groups, professional associations, and media appearances. • Managed 236 full time employees plus approximately 100 contractual employees, a$182 million 5-year capital improvement program and an annual budget of $126 million. • Oversight responsibility for contract administration, planning, design, compliance, customer service, billing, operations, maintenance, and capital programs to ensure safe, �eliable, timely and cost-effective delivery of water and wastewater services. Achievements: ■ Improved internal and external coordination, particularly in the area of development review and approval. • Improved customer service by implementing automatic bank drafting, Internet and phone pay for utilities billing, and upgrading phone handling system thereby reducing customer complaints while increasing customer satisfaction and improving employee morale. • Managed the agency's five-year capital improvements program averaging $15 million per year in new construction, peaking at $25 million in one year. ■ Managed implementation of $40 million Utility System Revenue and Refinancing Bonds issued in 1997, and issuance of $62 million utilities bonds in 2003. ■ Supervised the operation and maintenance of 46 water plants, 23 wastewater plants, 180 wastewater lift stations, water pumping stations, and water storage facilities, 450 miles of water transmission and distribution lines, and 165 miles of wastewater collection and transmission lines in the County. • Participated in the acquisition of 36 private utility systems bringing in revenues averaging over $7 million in connection fees annually. Public Works Director, of Miami Beach, Florida 1994-1997 Staff Coordinator, City Commission's Capital and Finance Committee Miami Beach is an international resort community of 95,000 summer months, 140,000 winter months, the central attraction for an urbanized area with 2.9 million population plus 3 million visitors annually, with a commission-manager city government. The City has 1,900 employees, annual operating budget of $290 million, and $1 billion five-year capital improvements program. Duties and Responsibilities: • Represented the agency before televised City Commission meetings and other public agencies at the national, state and local levels, business and community groups, and televised public education programs. ■ Served as principal staff coordinator for the City Commission's Capital and Finance Committee that oversees the City's $290 million annual operating budget as well as its $1 billion capital improvements program and bond financing. 5 Vincent O. Akhimie, P.E., CPM PROFESSIONAL EXPERIENCE (continued) • Prepared and managed an annual operating budget of $45 million and a multi-year $400 million Capital tmprovements Program. • Directed the Department of Public Wo�CS, managing 150 full time employees plus approximately 100 contractual employees in the Divisions of Administration, Engineering, Construction Management, Environmental Services, Water, Sewer, Storm Water and Streets. Achievements: • Streamlined the organization to facilitate the implementation of the City's extensive Capital Improvements Program by creating a Construction Management Division, redeploying and retraining existing staff. • Reduced General Fund expenditures in the Department of Public Works by 9% for Fiscal Year 1995-96 without affecting service delivery. • Directed a successful public information effort to garner support for a comprehensive water and sewer main replacement program financed with a$59 million bond issue repaid with increased water and wastewater rates. • Initiated a Citywide bridge replacement and maintenance program starting with replacement of three critical bridges in FY 1996-97. ■ Managed measures to bring the City into compliance with the Federal Storm Water Management Act by controlling and eliminating pollutant runoff into the City's storm water system, including initiating a$36 million bond issue to finance capital improvements. ■ Coordinated programs under consent decree agreement with the Environmental Protection Agency (EPA) to correct deficiencies in the City's collection and transmission systems and pumping stations, and eliminate illegal storm water sewer connections and low point flooding. • Team managed Boardwalk Beautification Project to upgrade and enhance 24 blocks of the City's central beach area. ■ Managed $18 million North Shore and $20 million Venetian Island community enhancement projects, including undergrounding utilities, curb and gutter, lighting, landscaping and street resurfacing. ■ Worked with development districts such as Lincoln Road Partnership, Mid Beach and North Beach Development Corporations, and Washington Avenue Merchants Association to facilitate redevelopment including capital improvement construction in their areas. • Obtained $500,000 EPA grant for a pilot ASR (Aquifer Storage Recovery) program for reclamation and reuse of storm water. • Initiated citizen complaint system to generate tickler/reminder notices to assigned staff. Public Works Director, Park, lllinois (Chicago Metropolitan Area) 1992-1995 Oak Park is a residential council-manager community on the western edge of Chicago with a population of 53,000, a total annual budget of $105,000,000 and 500 employees. Duties and Responsibilities: ■ Represented the municipality with state, federal, and other local officials, boards, and commissions, including the regional Mayor's Council. ■ Managed 135 full time employees in eleven divisions, including Utilities (Water and Wastewater), Engineering, Streets, Solid Waste working with BFI, Waste Reduction, Tra�c Engineering, Street Lighting, Signs and Signals, Fleet Maintenance and Central Garage, and Forestry. 6 Vincent O. Akhimie, P.E., CPM PROFESSIONAL EXPERIENCE (continued) ■ Managed an annual operating budget of $10 miliion and an annual capital budget of $5 to $7 million. Reduced expenditures by 5% department-wide without reducing services. Achievements: ■ Participated in preparation of Request for Proposals for implementation of privatization of solid waste collection, disposal and recycling services. ■ Initiated programs necessary to bring water supply system into compliance with USEPA and IEPA Safe Water Drinking Act standards. Supervised development of design and project planning for $4.5 million relief sewer project. • Managed water supply system with three pumping stations and a maximum capacity of 35 million gallons per day serving a population of 53,000. • �irected development and implementation of variable rates for community-wide solid waste management aimed at providing economic incentives for recycling, thereby reducing the solid waste stream. ■ Reorganized Department to streamline operations, improve workflow, and capitalize on personnel strengths. • Participated in Cost Center Study to identify true costs of providing public services including depreciation of capital assets, office space, lighting, and overhead. • Supervised preparation of $1.2 million grant application and design for state route arterial �enhancement project working with neighboring jurisdictions. ■ Realized economies of service through use of slurry seal/micropaver approach to street maintenance. ■ Negotiated a new 58-year franchise agreement for power supply for the community with Commonwealth Edison, including acquisition of alley lighting to save costs. • Managed development of a geo-based information system for inventory and evaluation of the urban forest maintained by departmenYs Forestry Division and valued at $34 miltion. � Managed commercial district redevelopment project by the State of Illinois in tandem with state- funded 2-mile $3 million resurfacing p�oject through commercial zone. Managed another $3.1 million state route reconstruction project in residential zone. Director of Trafflc and Parking City of Stamford, Connecticut 1986-1992 Executive Director, Greater Stamford Transit District The City of Stamford, Connecticut within the New York City Greater Metropolitan Area has a population of 112,000 plus up to 100,000 daily inbound commuters. Stamford is the regional or national headquarters of dozens of FoRune 500 companies. The City has 1,200 employees, an annual operating budget of $325 million, and a$168 million 5-Year Capital Improvements Program. Duties and Responsibilities: ■ Reporting directly to the Mayor, managed one of the major departments of city government with 90 to 100 permanent and contractual employees, an annual operating budget of $3.5 million and a multi-year $19 million Capital Improvements Program. Served as Secretary of the City's Traffic Commission. ■ Represented the Department and the City in public presentations to the Board of Representatives, Board of Finance, business and civic groups, various public agencies, public hearings, and on radio and television talk shows. ■ By charter served as Executive Director of the Greater Stamford Transit District. Participated in implementing a Downtown Shuttle Bus Program. Expanded Dial-a-Ride services for elderly and handicapped citizens. 7 Vincent O. Akhimie, P.E., CPM PROFESSIONAL EXPERIENCE (continued) ■ Served as CaChair of the Mayor's Transportation Management Committee, a joint public/private partnership of major employers seeking alternatives to reduce trafflc congestion with the assistance of a$269,000 UMT grant. ■ Managed the maintenance, operation and revenue collection for parking structures, off-street lots, and on-street meters. • Managed the installation and maintenance of all traffic control devices, street signs and markings, and street lighting throughout the city. ■ Supervised maintenance and operation of 180 signalized intersections. Achievements: • Significantly increased rate of collection of delinquent parking ticket fines. ■ Managed implementation of a computerized signai optimization project. • Participated in managing the reconstruction and opening of the multimodal Stamford Transportation Center (garage, rail station, and intermodal transfer area) at a total cost of $64 miilion. Managed the operation of the Transportation Center parking garage. PROFESSIONAL AFFILIATIONS American Water Works Association (AWWA�, Member (1993 to Present) American PubHc Works Association (APWA�, Member (1988 to Present) Florida Water Environment Association, Member (1993 to Present) Florida City and County Managers Association, A�liate Member (2003 to Present) The Innovations Group, Active Alumni, (2005 to 2006) MyRegion.Org, Central Florida Regional Infrastructure Committee, Member (2002) , CIVIC ACTIVITIES League Organizer and Participant, City of Lakeland Doubies Tennis, (2004-Present) Mentor, Big Brothers and Big Sisters, Lakeland, Florida (2001 to 2005) Member and Speaker Chairman, Miami Beach Rotary Club, Miami Beach, FL (1995-97) � President, Lions Club International, Stamford, Connecticut (1989-92) Board of Directors, Stamford YMCA, Stamford, Connecticut (1989-92) PERSONAL 5'11", 170 pounds. Married, one daughter, one son. Enjoy playing tennis and golf. 8 ' . `"t�i"'�.. : � i �rr::. ',!_�'*. '' � � r .Y} , � y ^.R/ ,« .,,�, ` v � �.1 5..� y � . . _ -<�, s. ... . , . :� :,: Patty Len M r , �: "� } r t, ayor �- . �',, a�y ��t ..,�., ,. ,,, 345 Sixth Street, Suite 600 - - - >�� ~`r',��i'�" ,-, Bremerton, WA 98337 ° .` �� .� �� _ : ��": .� ���'�'�«� Telephone: 360-473-5266 . . �-s�_, :t'�€'K,..,....�_,�'v�"z::it�_ _:s'�i � Pa .Lent@ci.bremerton.wa.us Office of the Mayor June 7, 2010 Vincent O. Akhimie 3400 N. Ocean Drive West Palm Beach, FL 33404 RE: Lener ojEngagement Dear Vincent: It is with great pleasure to confirm your appointment to the position of Director of Public Works & Utilities pending formal approval by the City Council. Your position is exempt and included in the Management classifications under BMC 2.50 as follows: Position: Director Department: Public Works & Utilities Effective Date: July 22, 2010 Rate of Pay: $ 4825.71 semi-monthly (Step l, Band 22) ($108,689 annually) Appointment/Removal: Mayor Supervisor: Mayor Benefits: Pursuant to BMC Chapter 2.50 (attached) Vacation: 20 days for 2010 (pro-rated) Moving expenses: Not to exceed a maximum of $2,000.00 with receipt(s) required for reimbursement. You are an "at will" employee and may be terminated by the City without cause at any time with thirty (30) days notice. You may be terminated for cause, without notice, and no severance pay shall be paid. This letter shall constitute your terms and conditions of employment with the City and there are no other written or oral agreements that have not been set forth in this letter of engagement or covered by Chapter 2.50 of the Bremerton Municipal Code (copy attached). 1 1 C � 1'Irase sign below indicating your acceptance of'<�ur otTer uf cmployment us o�nlined abuvc fur �he Ci1y uf Rrrmerton. { Sincercly, ' � � `�"""' _. '.�'��,-' �.,., , , Patty I ,cnt ��yor �c: Carul Cunlcy, HR Managrr ---------------------------------------------------------•--------------------------------------------------------- ACCEPTANCE UF JOB OFFER: ; I, VINCENT U. AKf�IM1E, hereby accept employment with the City uf Bremerton as Direc;tor of Public Works & Utilities, effective July 22. 2010 under the tenns and conditiuns as set forth in this Letter of F.ngagement. -,., _____._—_.._-- � s O t � S1C;NATURF:: �' nq�'F; t O � � ` 2 Vincent O. Aktiimie i ( ' - — --- ---�— DATE SUBMITTED: June 16, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ...........................................................................................� SUBJECT: Amendment to Voluntary Committee Meetin� Date: Separation Agreement with Human Resource COUNCIL MEETING Date: June 16, 2010 Manager Carol Conley Department: Financial Services Presenter: Barbara Stephenson Phone: 360.473.5722 SUMMARY: The Human Resource Manager, Carol Conley, signed a voluntary sepazation agreement with a separation date of June 30, 2010. Due to a change in the position responsibility and salary, the position will not be filled by the time Ms. Conley is scheduled to retire. An amendment has been negotiated with Ms. Conley that extends her separation date in order to allow for time to successfully fill the position. ATTACffiVIENTS: Amendment to Voluntary Separation Agreement FISCAL IlVIPACTS (Include Budgeted Amount): Salary as budgeted in the 2010 budget. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: _ FINANCE DIRECTOR: . , MAYOR: ;�' p COIVIlVIITTEE CHAIR �%�� � � COUNCIL PRESIDENT: CONSENT AGENDA � GENERAL BUSINESS ❑ PUBLIC HEARING ❑ � RECOMMENDED MOTION: Move to authorize the�Mayor to extend the date of the Voluntary ' Separation Agreement with Carol Conley as needed to a date no later than August 31, 2010. �� , � COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action I I i I I . J AMENDMENT TO VOLUNTARY SEPARATION AGREEMENT This AGREEMENT is executed by and between the CI'TY OF BREMERTON, WASHINGTON, hereinafter referred to as the "City", and Carol Conley hereinafter referred to as "Employee" on this day of , 2010. WIiEREAS, Employee has executed a Voluntary Separation Agreement; WHEREAS, the Employee's separation date from City employment is June 30, 2010; WHEREAS, the position bein� vacated by the Employee has not been filled; and WHEREAS, the City wishes to extend the separation date of the Employee to a time no later than August 31, 2010, NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto hereby agree as follows: 1. The separation date of the Employee is extended to July 31, 2010. 2. All provisions in the Agreement shall remain in full force and ei�ect except as expressly modified by this document. THE PAR'TIES, BY SIGNING THIS AGREEMENT, CERTIFY THAT (A) THEY ENTER THIS AGREEMENT AND ACCEPT THE TERMS VOLUNTARILY, WITHOUT DURESS (B) THEY HAVE HAD THE OPPORTUNTTY TO REVIEW THIS AGREEMENT WI'I'H LEGAL REPRESENTATIVES, AND (C) THEY HAVE FULL KNOWLEDGE AND UNDERSTANDING OF THE TERMS AND CONSEQUENCES OF THIS AGREEMENT. CITY OF BREMERTON WASHINGTON EMPLOYEE � Patty Le ayor Employee Department Head APPROVED AS TO FORM: Roger Lubovich City Attorney R:LegallLegallFiles\Current Active Files\VoluMary Separatan 8 Reduced Work WeekWmendment to Voluntary Separation Agreement — C. Conley.doc -1- DATE SUBMITTED: June 2, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Acceptance of a Department of Committee Meeting Date: June 9, 2010 Commerce Energy�Efficiency Conservation COUNCIL MEETING Date: June 16, 2010 Block Grant for Lighting & Window Department: PW&U Engineering Upgrades at City Facilities. Presenter: Pat Coxon Phone: (360) 473-5448 SUMMARY: This grant will provide for the removal & replacement of existing lighting with energy efficient lights and installation of motion sensor controls in five (5) city buildings. We will also install energy efficient windows within the Puget Sound Naval Museum. Total cost of this work is estimated to be $118,318. Total EECBG funds available are $118,318. In addition to this grant, the City will receive funds from Puget Sound Energy based on total savings from future energy costs, currently estimated to be $85,410. Total Grants from EECBG and the matching PSE Grant is estimated to be $203,727.58 ATTACHMENTS: l. Council Summary; 2. Grant Agreement FISCAL IMPACTS (Include Budgeted Amount): The work funded by this grant is not included in the budget. Expenses incurred based on the scope of work will be reimbursed following completion of the work. No matching funds from the City are required to implement the upgrades. APPROVALS: � DEPARTMENT DIRECTOR: i�!� CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: � COMMITTEE CHAIR ���� COUNCIL PRESIDEN . CONSENT AGENDA ❑ GENERAL BUSINESS PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve Grant Funding from the Department of Commerce and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG) APPROVAL COUNCIL SUMMARY BACKGROUND In January, 2009 the City of Bremerton's Public Works & Utilities Department — in partnership with an outside consultant — began conducting a Citywide Energy Audit and Plan in order to better understand the costs associated with energy use and to identify actions that could be taken to reduce energy consumption. A primary recommendation from the 2009 Energy Plan was to perform energy efficiency upgrades to existing City buildings related to lighting, heating and cooling. The scope of work is as follows: • Olympus Building / 3027 Olympus Drive, Bremerton, WA Removal/Replacement of existing lighting with energy efficient lighting and installation of motion sensor controls. Estimated cost is $20,100. • Police Department Building / 1025 Burwell Avenue, Bremerton, WA Removal/Replacement of an existing outdoor lighting with energy efficient lighting and installation of motion sensor controls. Estimated cost is $12,210. • Eastside Wastewater Treatment Plant / 2475 Stephenson Street, Bremerton, WA Removal/Replacement of existing lighting with energy efficient lighting and installation of motion sensor controls. Estimated cost is $8,100. � 4` & Washington Parking Garage / 405 Washington Avenue, Bremerton, WA Removal/Replacement of existing lighting with energy efficient lighting. Estimated cost is $30,100. • Fire Station No 3/ 3031 Olympus Drive, Bremerton, WA Removal/Replacement of existing lighting with energy efficient lighting and installation of motion sensor controls. Estimated cost is $10,100. • Puget Sound Naval Museum / 251 ls� Street, Bremerton, WA Install energy efficient windows within the interior window trim while preserving the historicity of the existing wood and glass windows as required by SHPO and NP. Estimated cost is $37,708. Total annual energy savings is estimated to be 159,492 kWh per year. At $0.08/kWh, total savings are expected to be $12,759.36. FISCAL SUMMARY On September 30, 2009, the attached Letter of Commitment was sent pledging full support to perform energy efficient upgrades to City buildings if funded. On November 10, 2009, we received award notification of an ARRA / ECCBG grant in the amount of $118,317.58. In addition, Puget Sound Energy will provide a matching grant estimated to be $85,410.00 based on the proposed energy efficiency upgrades. The combined total outside funds available are estimated to be $203,727.58. The ARRA / ECCBG Grant in combination with the PSE Grant provide full funding for the energy upgrades. No matching funds from the City are required to implement the upgrades. EECBG Approval Counci! Summary June 2010 � � r , -- - \ i.��� _:,,.-• ; I`���i.�l ��+.3,� ��` f ; �� � � .;' .. �'•'.." ��r{'� l.r�,.., I: � L ��'�'Y ,'.r�r,. ^'��:.._...': y<_..!__:. - i i � 1 ,,,-� j � . ;a: ;�-1��.9:J:• i ti...,.,,.:.� �-; 1 '�,,r "i : r }'� ,�.i;; " —="'=--_.oP� • � •°0 �� �/��� _biY:=i'� �� lr'i" i ( --==;--.,���r+�•' , ;t� ` - - . _ I. �= ��� ( i(`,:ij''� `-- --1 '_:�.:�.;' y''��� ���..`i��'+.titrir y t;;`; I ,/,/-r; � `` —�._ = `'�����!` �' � =1, � r I �1 - - ��, ` ���'L__�:— io �'c�� i'r7 rJ �� ' r�' ��-�: `� �.� �}... � I ��� i1�:�.C�O%��1r�ijj.S�:•'.�il'Z��ji � . -. �-� K .,.�..—�.�.r• pVBt.r�r w�RKS �i VT�L�T�EJ~ ' :�*r7'ph. 36Q�7�-8400 �`'- Fec 360;�73 :5466 _°:' �:•,s. ; µ.: �, �r: • r t ...-, .-�: : Wasfewate� Tioeatinent P/ant ;=4 s 1.BOq�GYste� Hay ; A�:: s: °�,� ;erein;�e�;.wn- ee��z: 'fj ✓.,'��,'�r^`T7 7 �S".;^+r"`,'<�' �_�. To: The Energy F.fficiency and Conservation Block Grant Revie�v Team Department of Commerce Energy Policy Division From: Cecil McConnell, City of Bremerton Mayor Pro-Tem Re: Letter oP Commitment Sepiember 30, 2009 • To Whom It May Concern; The City of Hremertan is gratefizl for the opportunity to apply for Energy Efficiency and Conservaiion Block Grant (EECBG) funds. Our city believes that the goals of the E�CBG progrun are of growing importance to die successful operadon of any Iarge socially and fiscally responsble organizalion. To this end, in January of 2009 the City of Bremerton's Public Works Department in parmership witli an outside consultant began conducting a Citywide Energy Audit and Plan in order to better underst�nd die casts associated ti�itl� energy use and to idec�tify acdons that could be taken to reduce energy consumption. Below are just a few of the overarching findings from the audit and plan: • In �008, Bremerlon spent $2.34 million on energy (includes ele�tricity, natural gas, gasoline, and diesel e.�penditw�es). • Of tlus total, 20 percent�r $469,OOa—was spent on heating, cooling and lighting of city-owned buildings. • A primary recommendation resulting from our 2Q09 Energy PIan was to invest in interior ligtiting upgrades because of tLe lugh ROI and short payback period assaciated with ligl�ting rebrafits. The findings from this audii were enlightening to both our staff members and elected officials. .. After reviewing the full list of recommendations fi'om the Energy Plan, Bremerton staff concluded that the energy efficiency building retrofits included in this application are most in-Iine wztlt the goals of the EECBG program. If funded, ffiese projects �vill offer immediate job ereatioq ener�y use reduction, and cost savings. On bchFilf af the City of Bremerton, I pledge full suppori for Qie projects outlined in this applica6on and—if funded--commit that they will be e�ecuted according to the ternns set forth by the Washington State Department of Commerce and the United States Department of Energy. Furthermore, if our application is successful, d�e City of Bremerton assures full commitment to all EECBG funding contract requirements. Sincerely, ��l ���i�t�Y � Cec�l McConnell City of Bre rton Mayar Pro-Tem � ' Department of Commerce ' Innovation is in our nature. Capital Agreement with City of Bremerton through The Washington State Department of Commerce Energy Policy Division Purpose — ARRA/Energy Efficiency and Conservation Block Grant (EECBG)/Constru�tion Indoor Lighting and Window Upgrades Under the American Recovery and Reinvestment Act (ARRA) of 2009 Start date: April 15, 2010 This project/contract is funded in whole or in part by funds made . � available fhrough the American Recovery and Reirivestment Act. RECOVERY.GOV �; .� � � , r - � � � � i i � � Washington State Department of Commerce � � www.commerce.wa.gov ARRA COM Federal Capital/EECBG - Construction Updated 03/24/2010 ARRA COM Federal Capital/EECBG - Construction ! Updated 03/24/2010 ; i, ! � FACE SHEET Contract Number: F10-52110-018 Washington State Department of Commerce Energy Policy Division EECBG Small Cities & Counties Federai USDOE Agreement No. DE-EE0000849 1. Contractor 2. Contractor poing Business As (optional) City of Bremerton N/A 345 — 6`� St Bremerton WA 98337 3. Contractor Representative 4. COMMERCE Representative PROGRAM CONTRACT PROGRAM CONTRACT Paul Wandling Millie Vellegas Patti Miller-Crowley Judy Harhnan Civil Engineer 2 Accounting Senior Energy Policy Specialist Energy Policy Specialist Office - 360-473-2351 Office - 360.473.2327 Office - 360.725.3122 PO Box 43173 Fax - 360-473-5398 Fax - 360.473.5018 Fax - 360.586.0049 Olympia, WA 98504 Paul.wandling@ci.bremerton.wa.us Millie.vellegas@ci.bremerton.wa.us Patti.Miller- Office - 360-725-3115 Crowley@commerce.wa.gov Judy.hartman@commerce.wa.gov 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $118,318 Federal: � State: ❑ Other: ❑ N/A: ❑ April 15, 2010 December 31, 2010 9. Federal Funds (as applicable) Federal Aeencv CFDA Number $118,318 US Dept. of Energy 81.128 10. Tax ID # il. SWV # 12. UBI # 13. DUNS # 91-6001231 0000221-00 181-007-710 55-684-6970 14. Contract Purpose Indoor lighting upgrades in four city buildings and window upgrades in city-owned Puget Sound Navy Museum. 0011IW�, d.efined as the Departrnent oF Cam�e►ne or its suooessor �x,y, �cl the Corrtractor, as d.�fined abave, adviowiec�qe �d 2ooept the terrris of Uvs Cordrad and attadvr�s and haue aaeaded this Conh�dct on the date belavto start as of the c.�rGe and year referenoed abvue. The righls and obligatiais aF bdh p�ties t� this Conh'ad �e ga�rned by Uvs Gontr�'dc,t and the fdlaroing other doaina�ts inwrporated by referer�oe: Cordractor Tems aid Ca�6tions indtx�ng Attadvr�ent "A - Staten�er� o� V�brk Attadvrient "B — Budge4, and AttacFrrent "C' —Adc�tional Prwisions �de' the Arrieripn Fdeootiery and Reirn�strrient Ad � 2009 �d the Energy Efifiaerxar Corservation Block Gr�t Prograrn (�CBG). FOR CONTRACTOR ' FOR COMMERCE Patty Lent, Mayor Tony Usibelli, Assistant DireMor Date Date TEMPLATE APPROVED AS TO FORM SANDRA C. ADIX, ASSISTANT ATTORNEY GENERAL, MARCH 24, 2010 SIGNATURE ON FILE ARRA COM Federal CapitaUEECBG - Construction Updated 03/24/2010 — City of Bremerton COM # F10-52110-018 � SPECIAL TERMS AND CONDITIONS CAPITAL ' FEDERAL ARRA FUNDS 1. ACKNOWLEDGEMENT OF FEDERAL FUNDING The Contractor agrees that any publications (written, visual, or sound) but excluding press releases, newsletters, and issue analyses, issued by the Contractor describing programs or projects funded in whole or in part with federal funds under this contract, shall contain the following statements: Acknowledgement: This project is funded in whole or in part by funds made available through the American Recovery and Reinvestment Act (ARRA). This funding was awarded by the US Department of Energy th�ough the Energy Policy Division of the Washington State Department of Commerce under Energy Efficiency and Conservation Block Grant No.DE-EE0000849." COMMERCE, as recipients of American Recovery and Reinvestment Act (hereinafter "AcY') funds, is legally obligated to meet accountability and reporting requirements under the Act. The state of Washington or the federal funding source may also identify additional requirements or other changes in requirements. Such requirements may be in statute, regulation, policy, or procedure. COMMERCE is responsible for incorporating these requirements into the performance of this contract. Although all requirements have not yet been identified, please expect additional reporting requirements, to include, but not limited to, performance outcomes such as created or retained jobs. 2. CONTRACT MANAGEMENT The Contract Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Contract Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Contract Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 3. COMPENSATION COMMERCE shalt pay an amount not to exceed $118.318 for the performance of all things necessary for or incidental to the performance of work as set forth in�the Scope of Work. Contractor's compensation for services rendered shall be based on the following rates or in accordance with the following terms: COMMERCE and Contractor may adjust amounts in the budget categories by 10% or less without a formal contract amendment by written mutual agreement by both parties. Written approval shall be through the following method: 1) Written request to COMMERCE from the Contractor by email of the proposed variation, 2) Review of the request by Commerce, and 3) Written determination (approval/rejection) by the COMMERCE Contract Representative to the Contractor. Contractor's compensation for services rendered shall be based on the schedule set forth in Attachment A- Statement of Work and Attachment B- Budget. ARRA/EECGB Federal Funding requires USDOE approval of subcontracts and their supported activities. Construction activity cannot be initiated until all required permits are in place and compliance with ihe requirements of NEPA/SEPA and Section 106 of the National Historic Preservation Act are approved. No funds shall be expended on this contract or subcontract activity until Commerce notifies Contractor of receipt of approval from DOE. Commerce does not guarantee or assume any obligation to reimburse costs incurred by the recipient or subcontractor for these activities until approval is provided in writing by Commerce. Upon written approval of Contractor by Commerce, Contractor may receive reimbursement for allowable costs incurred in accordance with the payment provisions contained in this agreement. ARRA COM Federal Capital/EECBG - Construction Updated 03/24/2010 - City of Bremerton COM # F10-52110-018 2 SPECIAL TERMS AND CONDITIONS . CAPITAL FEDERAL ARRA FUNDS EXPENSES/TRAVEL — as nrovided in Aitachment B Budqet Contractor shall receive reimbursement for travel and other expenses as identified below or as authorized in advance by COMMERCE as reimbursable. The maximum amount to be paid to the Contractor for authorized expenses shall not exceed the line item amount specified in Attachment B- budget, which amount is included in the Agreement total above. Such expenses may include airfare (economy or coach class only), other transportation expenses, and lodging and subsistence necessary during periods of required travel. Contractor shall receive compensation for travel expenses at current state travel reimbursement rates. 4. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE no more than monthly. The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work perFormed, the progress of the project, and fees. The invoice shall include the contract reference number F10-52110-018. If expenses are invoiced, provide a detailed breakdown of each type. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement. Final Invoicing will not be paid until valid documentation is submitted showing that Final Permitting Inspection is passed as applicable to the project. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this contract. No payments in advance or in anticipation of services or supplies to be provided under this contract shall be made by COMMERCE. Dualication of Billed Costs � The Contractor shall not bill COMMERCE for services performed under this Contract, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. Match/Final Retainape With each reimbursement request, Contractor shall provide vafid documentation to show match expenditures equal to or greater than the match ratio indicated in Attachment B- Budget. When such documentation is not provided with each reimbursement request, COMMERCE shall withhold 10 percent from each payment until Commerce has accepted the final report (or completion of the project, etc.) deliverable AND valid documentation to demonstrate that Match has been applied to the project as indicated in Attachment B— Budget. In no case shall the amount withheld exceed the match amount identified in Attachment B— Budget. 5. FISCAL MANAGEMENT Contractor shall have a budgeting, accounting, and reporting system that meets the standards of WA State Chapter 43.88 RCW — Fiscal Management and USDOE CFR Title 10 Part 600 — Financial Assistance Rules demonstrating good internal control policies, procedures and practices. ARRA COM Federal Capital/EECBG - Construction Updated 03/24/2010 - City of Bremerton COM # F10-52110-018 3 SPECIAL TERMS AND CONDITIONS CAPITAL FEDERAL ARRA FUNDS Recipients must segregate the obligations and expenditures related to funding under the Recovery Act. Financial and accounting systems should be revised as necessary to segregate, track and maintain these funds apart and separate from other revenue streams. No part of the funds from the Recovery Act shall be commingled with any other funds or used for a purpose other than that of making payments for costs allowable for Recovery Act projects. 6. MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE Contractor is encouraged to consider Minority and Women Business Enterprises (M/WBE) when posting bids/solicitations for competitive awards and at a minimum and if available, at least one W/MBE should be considered. To post a solicitation at the WA State Office of Minority and Women Owned Business Enterprise (OMWBE), contact Jean Wheat at jwheat@omwbe.wa.gov and copy cynthiac@omwbe.wa.gov. or call 360-704-1181. The Office of Minority and Women Owned Business Enterprise also maintains a Directory of OMWBE certified firms - http://www.omwbe.wa.gov/opportunities/index.shtml 7. REPORTING All sub-recipients and their partners, contractors and/or vendors are responsible for reporting pursuant to Section 1512 of the American Recovery and Reinvestment Act of 2009. Commerce, as a prime recipient of Recovery Act funds, must comply with the Recovery AcYs extensive reporting requirements, including quarterly financial and programmatic reporting. Commerce will require quarterly reports from its Sub-recipients in order to fulfill its obligation. The Sub-recipient receiving Recovery Act funds may expect that a standard form(s) and/or reporting mechanism will be made available to help streamline the process. The Sub-recipient agrees to provide to Commerce all reports, documentation, or other information, as may be required to meet reporting obligations under the Recovery Act. The Sub-recipienYs receipt of funds is contingent on meeting the Section 1512 reporting requirements which is subject to change per USDOE. Additional instructions and guidance regarding the required reporting will be provided as they become available. For planning purposes, however, Sub-recipients receiving Recovery Act funds should be aware of the current Recovery Act section 1512(c) requirements. Sub-recipient Reports: Not later than five days after the end of each calendar quarter (January 5, April 5, July 5, and October 5, etc., throughout the contract period), each sub-recipient that received recovery funds from a Federal agency shall submit a report to Commerce via email that contains: • Financial data • Sub-recipient (and if applicable, vendor) FTEs: jobs created or retained reported as single number; jobs directly funded by Recovery Act • Project activity milestones (based on sub-recipient scope of work) • Energy savings on a per dollar invested basis • Energy saved (kwh, therms, gallons, BTUs, etc.) • Renewable energy capacity installed • Greenhouse gas emissions reduced • Funds leveraged • Data related to vendors paid more than $25,000 in a single purchase • Key metrics that will vary by project type per DOE guidance For questions contact Meg O'Leary at (360) 725-3121 8. SITE VISITS COMMERCE and DOE's authorized representatives have the right to make site visits at reasonable times to review project accomplishments and management control systems and to provide technical assistance, if required. Grantee must provide, and must require its sub-awardees to provide ARRA COM Federal CapitaVEECBG - Construction Updated 03/24/2010 - City of Bremerton COM # F10-52110-018 4 SPECIAL TERMS AND CONDITIONS CAPITAL FEDERAL ARRA FUNDS reasonable access to facilities, office space, resources, and safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations must be perFormed in a manner that does not unduly interfere with or delay the work. 9. RECORDS MAINTENANCE AND AUDITS The parties to this contract shall each maintain books, records, documents and other evidence, which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. These records shall be subject to inspection, reasonable access to review, or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement must be retained for six years after termination of this Agreement and the O�ce of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access to and the right to examine any of these materials. 10. HISTORICAL OR CULTURAL ARTIFACTS Prior to the expenditure of Federal funds to alter any structure or site, the Contractor is required to comply with the requirements of Section 106 of the National Historic Preservation Act (NHPA). Section 110(k) of the NHPA applies to DOE funded activities. Recipients shall avoid taking any action that results in an adverse effect to eligible historic properties pending compliance with Section 106. Contractor shall provide a copy of this concurrence to Commerce. Noncompliance may result in the revocation of funding. 11. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS The Contractor is restricted from taking any action using Federal funds, which would have an adverse effect on the environment or limit the choice of reasonable afternatives prior to DOE providing either a NEPA clearance or a final NEPA decision regarding this project. If you move forward with activities that are not authorized for Federal funding by the DOE Contracting Officer in advance of the final NEPA decision, you are doing so at risk of not receiving Federal funding and such costs may not be recognized as allowable cost share. Funding for activities or tasks under this award is contingent upon the final NEPA determination. 12. SUBCONTRACTING Notwithstanding the provisions of General Terms and Conditions, Section 41 - SUBCONTRACTING, of this Contract, no prior written approval is required for subcontracting of the actual construction of the project; however, prior to subcontracting for planning activities which will be paid for with EECBG grant funds (i.e., A&E, plans, studies, energy audits), the negotiated scope of work, schedule 8� fees will be submitted to Commerce for approval Contractor shall provide a list of subcontractors to COMMERCE throughout the period of performance of this contract including the business name, TIN and UBI number. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. _ 13. INSURANCE The Contractor shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the State should there be any claims, suits, actions, costs, damages or ARRA COM Federal CapitaUEECBG - Construction Updated 03/24/2010 - City of Bremerton COM # F10-52110-018 5 SPECIAL TERMS AND CONDITIONS CAPITAL FEDERAL ARRA FUNDS expenses arising from any loss, or negligent or intentional act or omission of the Contractor or Subcontractor, or agents of either, while performing under the terms of this contract. The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name the state of Washington, its agents, officers, and employees as additional insureds under the insurance policy. All policies shalt be primary to any other valid and collectable insurance. The Contractor shall instruct the insurers to give COMMERCE thirty (30) calendar days advance notice of any insurance cancellation, non-renewal or modification. The Contractor shall submit to COMMERCE within fifteen (15) calendar days of the Contract start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Contract, the Contractor shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. The Contractor shall provide insurance coverage that shall be maintained in full force and effect during the term of this Contract, as follows: Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of contract activity but no less than $1,000,000 per occurrence. Additionally, the Contractor is responsible for ensuring that any Subcontractors provide adequate insurance coverage for the activities arising out of subcontracts. Automobile Liability. In the event that performance pursuant to this Contract involves the use of vehicles, owned or operated by the Contractor or its Subcontractor, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. Professional Liability, Errors and Omissions Insurance. The Contractor shall maintain Professional Liability or Errors and Omissions Insurance. The Contractor shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the Contractor and licensed staff employed or under contract to the Contractor. The state of Washington, its agents, o�cers, and employees need not be named as additional insureds under this policy. Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of the Contractor for the purpose of receiving or depositing funds into program accounts or issuing financial documents, checks, or other instruments of payment for program costs shall be insured to provide protection against loss: A. The amount of fidelity coverage secured pursuant to this Contract shall be $100,000 or the highest of planned reimbursement for the Contract period, whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary. B. Subcontractors that receive $10,000 or more per year in funding through this Contract shall secure fidelity insurance as noted above. Fidelity insurance secured by Subcontractors pursuant to this paragraph shall name the Contractor as beneficiary. C. The Contractor shall provide, at COMMERCE's request, copies of insurance instruments or certifications from the insurance issuing agency. The copies or certifications shall show the insurance coverage, the designated beneficiary, who is covered, the amounts, the period of coverage, and that COMMERCE wilt be provided thirty (30) days advance written notice of cancellation. Additional Provisions: The above insurance policy shall include the following provisions: 1. Additional Insured. The state of Washington, COMMERCE, its elected and appointed officials, agents and employees shall be named as an additional insured on all general liability, excess, umbrella and property insurance policies. All insurance provided in compliance with this ARRA COM Federal Capital/EECBG - Construction Updated 03/24/2010 - City of Bremerton COM # F10-52110-018 6 SPECIAL TERMS AND CONDITIONS CAPITAL FEDERAL ARRA FUNDS Agreement shall be primary as to any other insurance or self-insurance programs afforded to or maintained by the State. 2. Identfication. The policy must reference COMMERCE's Agreement number and the State agency name. 3. Insurance Carrier Rating. All insurance and bonds should be issued by companies admitted to do business within the state of Washington and have a rating of A-, Class VII or better in the most recently published edition of BesYs Reports. Any exception shall be reviewed and approved by COMMERCE's Risk Manager, or the Risk Manager for the state of Washington, before the Agreement is accepted or work may begin. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284- 15 WAC. 4. Excess Coverage. By requiring insurance herein, COMMERCE does not represent that coverage and limits will be adequate to protect Contractor and such coverage and limits shall not limit Contractor's liability under the indemnities and reimbursements granted to COMMERCE in this Agreement. Local Government Contractors that Participate in a Self-Insurance Proqram Self-Insured/Liability Pool or Self-Insured Risk Management Program — With prior approval from COMMERCE, the Contractor may provide the coverage above under a self-insured/liability pool or self-insured risk management program. In order to obtain permission from COMMERCE, the Contractor shall provide: (1) a description of its self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk management programs or self-insured/liability pool financial reports must comply with Generally Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1) Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3) the Washington State Auditor's annual instructions for financial reporting. Contractor's participating in joint risk pools shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. The state of Washington, its agents, and employees need not be named as additional insured under a self-insured property/liability pool, if the pool is prohibited from naming third parties as additional insured. Contractor shall provide annually to COMMERCE a summary of coverages and a letter of self insurance, evidencing continued coverage under Contractor's self-insured/liability pool or self-insured risk management program. Such annual summary of coverage and letter of self insurance will be provided on the anniversary of the start date of this Agreement. 14. PUBLICATIONS a. Contactor is encouraged to publish or otherwise make publicly availabte the results of the work conducted under the award. b. An acknowledgment of DOE support from Section 1 of these Special Terms and Conditions, and the following disclaimer must appear in the publication of any material, whether copyrighted or not, based on or developed under this project. Disclaimer: "This report was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor any agency thereof, nor any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Government or any agency thereof. The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof." ARRA COM Federal Capitat/EECBG - Construction Updated 03/24/2010 - City of Bremerton COM # F10-52110-018 7 SPECIAL TERMS AND CONDITIONS CAPITAL FEDERAL ARRA FUNDS 15. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment C— Additional Provisions Under the American Recovery and Reinvestment Act of 2009, Public Law 111-5, and the Energy Efficiency Conservation Block Grant Program (EECBG) • Attachment A— Scope of Work • Attachment B — Budget ARRA COM Federal Capital/EECBG - Construction Updated 03/24/2010 - City of Bremerton COM # F10-52110-018 8 GENERAL TERMS AND CONDITIONS CAPITAL FEDERAL ARRA FUNDS 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative° shail mean the Director and/or the designee authorized in writing to act on the Director's behaif. B. "Contracto�" shall mean the entity identified on the face sheet perForming service(s) under this Contract, and shall include all employees and agents of the Contractor. C. "COMMERCE° shall mean the Department of Commerce. D. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. E. "State" shall mean the state of Washington. F. "Subcontractor" shall mean one not in the employment of the Contractor, who is perForming all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2. ADMINISTRATIVE COST ALLOCATION Administrative costs that may be allowed are set forth in the Specific Terms and Conditions. Administrative services shared by other programs shall be assigned to this Contract based on an allocation plan that reflects allowable administrative costs that support services provided under each Contract administered by the Contractor. An approved current federal indirect cost rate may be applied up to the maximum administrative budget allowed. 3. ALLOWABLE COSTS Costs allowable under this Contract are actual expenditures according to an approved budget up to the maximum amount stated on the Contract Award or Amendment Face Sheet. 4. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, orat or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 5. AMENDMENTS This Contract 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. 6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990 PUBLIC LAW 101-336 ALSO REFERRED TO AS THE "ADA° 28 CFR PART 35 The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 7. APPROVAL This contract shall be subject to the written approval of COMMERCE's Authorized Representative and shall not be binding until so approved. The contract may be altered, amended, or waived only by a written amendment executed by both parties. 8. ASSIGNMENT Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. ARRA COM Federal Capital/EECBG - Construction Updated 03/24/2010 - City of Bremerton COM # F10-52110-018 � GENERAL TERMS AND CONDITIONS CAPITAL FEDERAL ARRA FUNDS 9. ATTORNEYS'FEES Unless expressly permitted under another provision of the Contract, in the event of litigation or other action brought to enforce Contract terms, each party agrees to bear its own attorneys fees and costs. 10. AUDIT A. General Reauirements Contractors are to procure audit services based on the following guidelines. The Contractor shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that Subcontractors also maintain auditable records. The Contractor is responsible for any audit exceptions incurred by its own organization or that of its Subcontractors. COMMERCE reserves the right to recover from the Contractor all disallowed costs resulting from the audit. As applicable, Contractors required to have an audit must ensure the audits are performed in accordance with Generally Accepted Auditing Standards (GAAS); Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Contractor must respond COMMERCE requests for information or corrective action concerning audit issues within thirty (30) days of the date of request. B. Federal Funds Reauirements - OMB Circular A-133 Audits of States. Local Governments and Non-Profit Oraanizations Contractors expending $500,000 or more in a fiscal year in federal funds from all sources, direct and indirect, are required to have an audit conducted in accordance with Office of Management and Budget (OMB) Revised Circular A-133 "Audits of States, Local Governments, and Non-Profit Organizations." Revised OMB A-133 requires the Contractor to provide the auditor with a schedule of Federal Expenditure for the fiscal year(s) being audited. The Schedule of State Financial Assistance must be included. Both schedules include: Grantor agency name Federal agency Federal program name Other identifying contract numbers Catalog of Federal Domestic Assistance (CFDA) number Grantor contract number Total award amount including amendments (total grant award) Beginning balance Current year revenues Current year expenditures Ending balance Program total If the Contractor is a state or local government entity, the Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted by a certified public accountant selected by the Contractor in accordance with OMB Circular A-110 "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations." The Contractor shall include the above audit requirements in any subcontracts. In any case, the Contractor's financial records must be available for review by COMMERCE. ARRA COM Federal Capital/EECBG - Construction Updated 03/24/2010 - City of Bremerton COM # F10-52110-018 2 GENERAL TERMS AND CONDITIONS CAPITAL FEDERAL ARRA FUNDS C. Documentation Reauirements The Contractor must send a copy of any required audit Reporting Package as described in OMB Circular A-133, Part C, Section 320(c) no later than nine (9) months after the end of the Contractor's fiscal year(s) to: Department of Commerce ATTN: Audit Review and Resolution Office 906 Columbia Street SW, Fifth Floor PO Box 48300 Olympia WA 98504-8300 In addition to sending a copy of the audit, when applicable, the Contractor must include: • Corrective action plan for audit findings within three (3) months of the audit being � received by COMMERCE. • Copy of the Management Letter. 11. CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION—PRIMARY AND LOWER TIER COVERED TRANSACTIONS A. Contractor, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. 2. Have not within a three-year period preceding this contract, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perForming a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (A)(2) of this section; and 4. Have not within a three-year period preceding the signing of this contract had one or more public transactions (federal, state, or local) terminated for cause of default. B. Where the Contractor is unable to certify to any of the statements in this contract, the Contractor shall attach an explanation to this contract. C. The Contractor agrees by signing this contract that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by COMMERCE. D. The Contractor fu►ther agrees by signing this contract that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS 1. The lower tier contractor certifies, by signing this contract that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federa! department or agency. 2. Where the lower tier contractor is unable to certify to any of the statements in this contract, such contractor shall attach an explanation to this contract. ARRA COM Federal CapitaUEECBG - Construction Updated 03/24/2010 - City of Bremerton COM # F10-52110-018 3 GENERAL TERMS AND CONDITIONS CAPITAL FEDERAL ARRA FUNDS E. The terrns covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded, as used in this section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations. F. Grantees should review the Excluded Parties List System (http://ww.epls.gov) before determining if a prospective contractor is considered responsible. 12. CODE REQUIREMENTS All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and federal building, mechanical, plumbing, fire, energy and barrier-free codes. Compliance with the Americans with Disabilities Act of 1990, 28 C.F.R. Part 35 will be required, as specified by the local building Department. 13. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: 1. Atl material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; 2. All material produced by the Contractor that is designated as "confidential" by COMMERCE; and 3. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. "Personal information" includes but is not limited to information related to a person's name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver's license number and other identifying numbers, and "Protected Health Information° under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shalt not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. _ 14. CONFORNiANCE If any provision of this contract violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 15. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and ARRA COM Federal Capital/EECBG - Construction Updated 03/24/2010 - City of Bremerton COM # F10-52110-018 4 � GENERAL TERMS AND CONDITIONS CAPITAL FEDERAL ARRA FUNDS interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership° includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty- ' free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, mora� rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or ctaim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 16. DISALLOWED COSTS The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. 17. DISPUTES Except as otherwise provided in this Contract, when a dispute arises befinreen the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of the COMMERCE, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: • be in writing; • state the disputed issues; • state the relative positions of the parties; • state the Contractor's name, address, and Contract number; and • be mailed to the Director and the other party's (respondenYs) Contract Representative within three (3) working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the requestor within five (5) working days. The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 18. DUPLICATE PAYMENT The Contractor certifies that work to be performed under this contract does not duplicate any work to be charged against any other contract, subcontract, or other source. ARRA COM Federal Capital/EECBG - Construction Updated 03/24/2010 - City of Bremerton COM # F10-52110-018 5 GENERAL TERMS AND CONDITIONS CAPITAL FEDERAL ARRA FUNDS 19. ETHICS/CONFLICTS OF INTEREST In performing under this Contract, the Contractor shall assure compliance with the Ethics in Public Service Act (Chapter 42.52 RCW) and any other applicable state or federal law related to ethics or conflicts of interest. 20. GOVERNING LAW AND VENUE • This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 21. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of Washington, COMMERCE, all other agencies of the state and all officers, agents and employees of the state, from and against all claims or damages for injuries to persons or property or death arising out of or incident to the Contractor's perFormance or failure to perForm the Contract. The Contractor's obligation to indemnify, defend, and hold harmless includes any claim by the Contractor's agents, employees, representatives, or any Subcontractor or its agents, employees, or representatives. The Contractor's obligation to indemnify, defend, and hold harmless shall not be eliminated by any actual or alleged concurrent negligence of the state or its agents, agencies, employees and o�cers. Subcontracts shall include a comprehensive indemnification clause holding harmless the Contractor, COMMERCE, the state of Washington, its officers, employees and authorized agents. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 22. INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 23. INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, COMMERCE may collect from the Contractor the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Contractor. 24. LAWS � The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state, and federal governments, as now or hereafter amended, including, but not limited to: United States Laws. Requlations and Circulars IFederall A. American Recovery and Reinvestment Act (ARRA) of 2009 B. Audits Office of Management and Budget (OMB) Revised Circular A-133 "Audits of States, Local Governments, and Non-Profit Organizations." ARRA COM Federal CapitaUEECBG - Construction Updated 03/24/2010 - City of Bremerton COM # F10-52110-018 g GENERAL TERMS AND CONDITIONS CAPITAL FEDERAL ARRA FUNDS B. Environmental Protection and Review Coastal Barrier Resources Act of 1982, 16 U.S.C. 3501 et seq. HUD's implementing regulations at 24 CFR parts 50 or 58, as appropriate. Lead Based Paint Poisoning Prevention Act, 42 U.S.C. 4821-4846 also 24 CFR 982.401(j). Nationat Environmental Policy Act of 1969, 42 U.S.C. 4321et seq. and the Implementing Regulations of 24 CFR 58 (HUD) and 40 CFR 1500-1508 (Council on Environmental Quality) Residential Lead-Based Paint Hazard Reduction Act of 1992, 42 USC 4851-4856. C. Flood Plains Flood Disaster Protection Act of 1973, 42 USC 4001-4128. D. Labor and Safety Standards All Rental Units Assisted with Federal Funds Must Meet the Section 8 Housing Quality Standards (HQS) and Local Housing Code Requirements for the duration of the Affordability Period. Convict Labor, 18 U.S.C. 751, 752, 4081, 4082. Davis Bacon Act, 40 U.S.C. 276a-276a-5. Drug-Free Workplace Act of 1988, 41 USC 701 et seq. Federal Fair Labor Standards Act, 29 U.S.C. 201 et seq. Work Hours and Safety Act of 1962, 40 U.S.C. 327-330 and Department of Labor Regulations, 29 CFR Part 5. Title IV of the Lead Based Paint Poisoning Prevention Act, 42 U.S.C. 4831, 24 CFR Part 35. E. Laws against Discrimination Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101-07, 45 CFR Part 90 Nondiscrimination in Federally Assisted Programs. Americans with Disabilities Act of 1990, Public Law 101-336. Equal Employment Opportunity, Executive Order 11246, as amended by Executive Order 11375 and supplemented in U.S. Department of Labor Regulations, 41 CFR Chapter 60. Executive Order 11246, as amended by EO 11375, 11478, 12086 and 12102. Fair Housing Act (42 U.S.C. 3601-19) and imptementing regulations at 24 CFR part 100.Section 504 of the Rehabilitation Act of 1973 and implementing regulations at 24 CFR part 8. Fair Housing, Title VIII of the Civil Rights Act of 1968, Public Law 90-284, 42 U.S.C. 3601-19. Handicapped Employees of Government Contractors, Rehabilitation Act of 1973, Section 503, 29 U.S.C. 793. Handicapped Recipients of Federal Financial Assistance, Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794. Minority Business Enterprises, Executive Order 11625, 15 U.S.C. 631. Minority Business Enterprise Development, Executive Order 12432, 48 FR 32551. Nondiscrimination and Equal Opportunity, 24 CFR 5.105(a). Nondiscrimination in benefits, Title VI of the Civil Rights Act of 1964, Public Law 88-352, 42 U.S.C. 2002d et seq, 24 CFR Part 1. Nondiscrimination in employment, Title VII of the Civil Rights Act of 1964, Public Law 88-352. Nondiscrimination in Federally Assisted Programs. ARRA COM Federal CapitaUEECBG - Construction Updated 03/24/2010 - City of Bremerton COM # F10-52110-018 7 GENERAL TERMS AND CONDITIONS CAPITAL FEDERAL ARRA FUNDS Nondiscrimination in Federally Assisted Construction Contracts, Executive Order 11246, 42 U.S.C. 2000e, as amended by Executive Order 11375, 41 CFR Chapter 60. Section 3, Housing and Urban Development Act of 1968, 12 USC 1701 u(See 24 CFR 570.607(b)). F. Office of Management and Budget Circulars Cost Principles for State, Local and Indian Tribal Governments, OMB Circular A-87, 2 CFR, Part 225. Cost Principles for Nonprofit Organizations, OMB Circular A-122 (if the Contractor is a nonprofit organization). Grants and Cooperative Agreements with State and Local Governments, OMB Circular A-102 (if the Contractor is a local government or federally recognized Indian tribal government). Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations, OMB Circular A-110. G. Other Anti-Kickback Act, 18 U.S.C. 874; 40 U.S.C. 276b, 276c; 41 U.S.C. 51-54. Governmental Guidance for New Restrictions on Lobbying; Interim Final Guidance, Federal Register 1, Vol. 54, No. 243\Wednesday, December20, 1989. Hatch Political Activity Act, 5 U.S.C. 1501-8. Internal Revenue Service Ruies, August 31, 1990. Lobbying and Disclosure, 42 USC 3537a and 3545 and 31 USC 1352 (Byrd Anti-Lobbying � Amendment). 31 U.S.C. 1352 provides that Contractors who apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or other award covered by 31 U.S.C. 1352. Each tier must disclose any Iobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Non-Supplanting. Section 8 Housing Assistance Payments Program. H. Privacy Privacy Act of 1974, 5 U.S.C. 552a. 1. Relocation Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 and implementing regulations at 49 CFR part 24. Section 104(d) of the Housing and Community Development Act of 1974 and the implementing regulations at 24 CRF part 570. Washinqton State Laws and Reaulations A. Affirmative action, RCW 41.06.020 (11). B. Boards of directors or officers of non-profit corporations — Liability - Limitations, RCW 4.24.264. C. Disclosure-campaign finances-lobbying, Chapter 42.17 RCW. D. Discrimination-human rights commission, Chapter 49.60 RCW. ARRA COM Federal Capital/EECBG - Construction Updated 03/24/2010 - City of Bremerton COM # F10-52110-018 g GENERAL TERMS AND CONDITIONS CAPITAL FEDERAL ARRA FUNDS E. Ethics in public service, Chapter 42.52 RCW. F. Housing assistance program, Chapter 43.185 RCW G. Interlocal cooperation act, Chapter 39.34 RCW. H. Noise control, Chapter 70.107 RCW. 1. Office of minority and women's business enterprises, Chapter 39.19 RCW and Chapter 326-02 WAC. J. Open public meetings act, Chapter 42.30 RCW. K. Prevailing wages on public works, Chapter 39.12 RCW. L. Public records act, Chapter 42.56 RCW. M. Relocation assistance - real property acquisition policy, Chapter 8.26 RCW. N. Shoreline management act of 1971, Chapter 90.58 RCW. O. State budgeting, accounting, and reporting system, Chapter 43.88 RCW. P. State building code, Chapter 19.27 RCW and Energy-related building standards, Chapter 19.27A RCW, and Provisions in buildings for aged and handicapped persons, Chapter 70.92 RCW. Q. State Coastal Zone Management Program, Publication 01-06-003, Shorelands and Environmental Assistance Program, Washington State Department of Ecology. R. State environmental policy, Chapter 4321 C RCW. S. State Executive Order 05-05 Archeological and Cultural Resources. 25. LICENSING. ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 26. LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative's designee by writing (designation 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 Contract. 27. LOCAL PUBLIC TRANSPORTATION COORDINATION Where applicable, Contractor shall participate in local public transportation forums and implement strategies designed to ensure access to services. 28. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Contract, the Contractor shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Contractor's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with COMMERCE. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes° procedure set forth herein. 29. NOTIFICATION OF TENANT RIGHTS/RESPONSIBILITIES The Contractor shall provide all tenants, if any, with information outlining tenant rights and responsibilities under the Washington State Landlord Tenant laws, Title 59, Revised Code of Washington. The Contractor shall also provide all occupants of property acquired with U.S. Department of Housing and Urban Development (HUD) funds notice regarding their eligibility for relocation assistance. Such notices will be provided as required by the Uniform Relocation Assistance and Real Property ARRA COM Federal CapitaUEECBG - Construction Updated 03/24/2010 - City of Bremerton COM # F10-52110-018 9 GENERAL TERMS AND CONDITIONS CAPITAL FEDERAL ARRA FUNDS Acquisition Act of 1970, as amended and referenced in 49 CFR part 24 and Section 104(d) of the Housing and Community Development Act of 1974, as amended and referenced in 24 CFR 570 and noted in HUD's Handbook No. 1378. Notifications will include but not be limited to: • General Information Notice • Notice of DisplacemenUNon-Displacement 30. POLITICAL ACTIVITIES Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 -1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 31. PREVAILING WAGE LAWS All contractors and subcontractors performing work on a construction project funded through this agreement shall comply with prevailing wage laws by paying the higher of state or federal prevailing wages according to: State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project funded by this contract, including but not limited to the filing of the "Statement of Intent to Pay Prevailing Wages" and "A�davit of Wages Paid" as required by RCW 39.12.040. The Contractor shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for COMMERCE's review upon request; or The Davis Bacon Act, 40 U.S.C. 276a-276a-5 and related federal acts provide that all laborers and mechanics employed by contractors or subcontractors in the performance shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor. 32. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS A Contractor which is a local government or Indian Tribal government must establish procurement policies and procedures in accordance with OMB Circulars A-102, Uniform Administrative Requirements for Grants in Aid for State and Local Governments, for all purchases funded by this Contract. A Contractor which is a nonprofit organization shall establish procurement policies in accordance with OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Nonprofit Agencies, for all purchases funded by this Contract. The Contractor's procurement system should include at least the following: 1. A code or standard of conduct that shall govern the performance of its officers, employees, or agents engaged in the awarding of contracts using federal funds. 2. Procedures that ensure all procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. 3. Minimum procedural requirements, as follows: a. Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative items. b. Solicitations shalt be based upon a clear and accurate description of the technical requirements of the procured items. c. Positive efforts shall be made to use small and minority-owned businesses. d. The type of procuring instrument (fixed price, cost reimbursement) shall be determined by the Contractor, but must be appropriate for the particular procurement and for promoting the best interest of the program involved. ARRA COM Federal Capital/EECBG - Construction Updated 03/24/2010 - City of Bremerton COM # F10-52110-018 10 GENERAL TERMS AND CONDITIONS CAPITAL FEDERAL ARRA FUNDS e. Contracts shall be made only with reasonable subcontractors who possess the potential ability to perform successfully under the terms and conditions of the proposed procurement. f. Some form of price or cost analysis should be performed in connection with every procurement action. g. Procurement records and fites for purchases shall include all of the following: 1) Contractor selection or rejection. 2) The basis for the cost or price. 3) Justification for lack of competitive bids if offers are not obtained. h. A system for contract administration to ensure Contractor conformance with terms, conditions and specifications of this Contract, and to ensure adequate and timely follow- up of all purchases. 4. Grantee and Subgrantees must receive prior approval from COMMERCE for using funds from this Grant to enter into a sole source Grant or a Grant where only one bid or proposal is received when value of this Grant is expected to exceed $5,000. Prior approval requests shall include a copy of proposed contracts and any related procurement documents and justification for non-competitive procurement, if applicable. 33. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The funds provided under this Contract shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such funds or any other approval or concurrence under this Contract provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. 34. PUBLICITY The Contractor agrees not to publish or use any advertising or publicity materials in which the state of Washington or COMMERCE's name is mentioned, or language used from which the connection with the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the prior written consent of COMMERCE. 35. RECAPTURE In the event that the Contractor fails to perform this contract in accordance with state laws, federal laws, and/or the provisions of this contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this contract. 36. RECORDS MAINTENANCE The Contractor shall maintain all books, records, documents, data and other evidence relating to this Contract 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 Contract. Contractor shall retain such records for a period of six years following the date of final payment. 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 finally resolved. ARRA COM Federal Capital/EECBG - Construction Updated 03/24/2010 - City of Bremerton COM # F10-52110-018 11 GENERAL TERMS AND CONDITIONS CAPITAL FEDERAL ARRA FUNDS 37. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Contractor shall complete registration with the Washington State Department of Revenue. 38. RIGHT OF INSPECTION At no additional cost all records relating to the Contractor's performance under this Contract shall be subject at all reasonable times to inspection, review, and audit by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Contract. The Contractor shall provide access to its facilities for this purpose. 39. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may terminate the Contract under the "Termination for Convenience" clause, without the ten business day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 40. SEVERABILITY If any provision of this Contract or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Contract that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Contract and to this end the provisions of this Contract are declared to be severable. 41. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. � Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 42. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 43. TAXES � All payments accrued on account of payroll taxes, unemployment contributions, the Contractor's income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be the sole responsibility of the Contractor. ARRA COM Federal Capital/EECBG - Construction Updated 03/24/2010 - City of Bremerton COM # F10-52110-018 12 i GENERAL TERMS AND CONDITIONS � CAPITAL FEDERAL ARRA FUNDS 44. TERMINATION FOR CAUSE / SUSPENSION In event COMMERCE determines that the Contractor failed to comply with any term or condition of this Contract, COMMERCE may terminate the Contract in whole or in part upon written notice to the Contractor. Such termination shall be deemed "for cause." Termination shall take effect on the date specified in the notice. In the alternative, COMMERCE upon written notice may allow the Contractor a specific period of time in which to correct the non-compliance. During the corrective-action time period, COMMERCE may suspend further payment to the Contractor in whole or in part, or may restrict the Contractor's right to perform duties under this Contract. Failure by the Contractor to take timely corrective action shall allow COMMERCE to terminate the Contract upon written notice to the Contractor. "Tennination for Cause" shall be deemed a"Termination for Convenience° when COMMERCE - determines that the Contractor did not fail to comply with the terms of the Contract or when COMMERCE determines the failure was not caused by the Contractor's actions or negligence. If the Contract is terminated for cause, the Contractor shall be liable for damages as authorized by law, including, but not limited to, any cost difference between the original contract and the replacement contract, as well as all costs associated with entering into the replacement contract (i.e., competitive bidding, mailing, advertising, and staff time). 45. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. � 46. TERMINATION PROCEDURES After receipt of a notice of termination, except as otherwise directed by COMMERCE, the Contractor shall: A. Stop work under the Contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities related to the Contract; C. Assign to COMMERCE all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. Any attempt by the Contractor to settle such claims must have the prior written approval of COMMERCE; and D. Preserve and transfer any materials, contract deliverables and/or COMMERCE property in the Contractor's possession as directed by COMMERCE. Upon termination of the Contract, COMMERCE shall pay the Contractor for any service provided by the Contractor under the Contract prior to the date of termination. COMMERCE may withhold any amount due as COMMERCE reasonably determines is necessary to protect COMMERCE against potential loss or liability resulting from the termination. COMMERCE shall pay any withheld amount to the Contractor if COMMERCE later determines that loss or liability will not occur. The rights and remedies of COMMERCE under this section are in addition to any other rights and remedies provided under this Contract or otherwise provided under law. 47. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. ARRA COM Federal Capital/EECBG - Construction Updated 03l24/2010 - City of Bremerton COM # F10-52110-018 13 GENERAL TERMS AND CONDITIONS CAPITAL FEDERAL ARRA FUNDS 48. WORK HOURS AND SAFETY STANDARDS The Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333)-Where applicable, all contracts awarded by recipients in excess of $100,000 for construction and other purposes that involve the employment of inechanics or laborers must include a provision for compliance with Section 102 and 107 of the Contract Work Hours Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each subcontractor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1'/z times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic is required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. � ARRA COM Federal Capital/EECBG - Construction Updated 03/24/2010 - City of Bremerton COM # F10-52110-018 14 Attachment A STATEMENT OF WORK Summary: Indoor lighting upgrades in four city buildings and window upgrades in city-owned Puget Sound Navy Museum. ACTIVITY 1: Olympus Building / 3027 Olympus Drive, Bremerton, WA RemovaUReplacement of existing lighting with energy efficient lighting and installation of motion sensor controls. $20,100 ACTIVITY 2: Police Depariment Building / 1025 Burwell Avenue, Bremerton, WA RemovaUReplacement of an existing outdoor lighting with energy efficient lighting and installation of motion sensor controls. $12,210 ACTIVITY 3: Eastside Wastewater Treatment Plant / 2475 Stephenson Street, Bremerton, WA RemovaUReplacement of existing lighting with energy efficient lighting and installation of motion sensor controls. $8,100 ACTIVITY 4: 4`�' & Washington Parking Garage / 405 Washington Avenue, Bremerton, WA RemovaUReplacement of existing lighting with energy efficient lighting. $30,100 ACTIVITY 5: Fire Station No 3/ 3031 Olympus Drive, Bremerton, WA RemovaUReplacement of existing lighting with energy efficient lighting and installation of motion sensor controls. $10,100 ACTIVITY 6: Puget Sound Naval Museum / 251 1 St Street, Bremerton, WA Install energy efficient windows within the interior window trim while preserving the historicity of the existing wood and glass windows as required by SHPO and NP. $37,708 SCHEDULE: Start: Apri115, 2010 Completion: December 31, 2010 Reporting arterl - No later than five (5) days after each calendar quarter for the duration of the contract (January 5, Apri15, July 5, and October 5) Monthlv — Progress Report ARRA COM Federal CapitaUEECBG - Construction Updated 03/24/2010 - City of Bremerton COM # F10-52110-018 , � Attachment B BUDGET GRANT TITLE: EECBG - E���rgy Effi�i�ncy &�or�s��va#iora Blo+�l��Granf pro ra� � � . � Fed. Grant No. p�-�ppp�gq,g COAA Point of patti 1l111ilter-Gt'OWI�y ��` Contact � Fundinct TYPE � ARRA X E�CBG X �c,aat PSE Grant X � PROJECT NAME: Li htin & Window U rade Pro'ect COM Agreement E10-52170-048 � � - � No. � � � Applicant Name City of Bremerton Address. Ciri Zia 345 6th Street, Suite 600 Brmerton, WA 98337 Sub-recieaient RT'�N:, Paul Wandling, POC 360.473.5448 6RANT �LEVEF2� E` � " � Categories OBJ Commerce Fed Third Party - Total Costs EECBG PSE Salaries and A � p_pQ Wa es Benefits B �. p.Op Contractual (see C 108852.56 78577.20 ,` 187429,76 SOW for deliverables 8 , breakdown Goods And E � p.gp • Services ' (3upplies/Commodities) Travel G �1�.00 Total Direct Costs 108852.56 0.00 : 78577.20 Y$7430 *** o t Admin. Su ort Costs (They have included 9465.44 6832.80 , 't"&298 solicitation/award functions Total Admin Costs 9465.44 0.00 6832.80 0 Total All Costs � 118318.00 0.00 85410.00 , 2b372$ Percentage (Total 58.0765% 0.0000% � 41.9235°h 1 � Contract , z ,. . , - . . � 118318 . . TOTAL 85410 41.9235% MATCH = � ARRA COM Federal Capital/EECBG - Construction Updated 03/24/2010 - City of Bremerton COM # F10-52110-018 � Attachment C ADDITIONAL PROVISIONS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 Public Law 111-5 1. Recovery Act Reporting Requirements; Section 1512(c) of the Recovery Act Contractor acknowiedges and agrees that the American Recovery and Reinvestment Act of 2009, hereinafter "Recovery Act° places great emphasis on accountability and transparency in the use of taxpayer dollars. Among other things, it creates a new Recovery Accountability and Transparency Board and a new website -- Recovery.gov -- to provide information to the public, including access to detailed information on grants and contracts made with Recovery Act funds. COMMERCE, as a recipient of Recovery Act funds, must comply with the Recovery Act's extensive reporting requirements, including quarterly financial and programmatic reporting due within 10 calendar days after the end of each calendar quarter. COMMERCE will require periodic reports from its sub-recipients in order to fulfill its reporting obligations. Grantees receiving Recovery Act funds may expect that a standard form(s) and/or reporting mechanism will be made available at a future date. Contractor agrees to provide to COMMERCE all reports, documentation, or other information, as may be required by COMMERCE to meet reporting obligations under the Recovery Act. Contractor's receipt of funds is contingent on Contractor meeting the reporting requirements of Section 1512. Additional instructions and guidance regarding the required reporting will be provided as they become available. For planning purposes, however, Contractors receiving Recovery Act funds should be aware that Recovery Act section 1512(c) provides: Recipient Reports- Not later than 10 days after the end of each calendar quarter, each recipient that received recovery funds from a Federal agency shall submit a report to that agency that contains— (1) The total amount of recovery funds received from that agency; (2) The amount of recovery funds received that were expended or obligated to projects or activities; and (3) A detailed list of all projects or activities for which recovery funds were expended or obligated, including: (a) The name of the project or activity; (b) A description of the project or activity; (c) An evaluation of the completion status of the project or activity; (d) An estimate of the number of jobs created and the number of jobs retained by the project or activity; and (e) For infrastructure investments made by State and local governments, the purpose, total cost, and rationale of the agency for funding the infrastructure investment with funds made available under this Act, and name of the person to contact at the agency if there are concerns with the infrastructure investment. (4) Detailed information on any subcontracts or subgrants awarded by the recipient to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), allowing aggregate reporting on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget. 2. Section 1512 of the Recovery Act: Registration with Central Contractor Registration (CCR) Recipients of funds under the Recovery Act shall register with the Central Contractor Registration (CCR) database at www.ccr.qov. This ensures consistent reporting of data about each entity and thereby makes data more useful to the public. In order to register in CCR, a valid Data Universal ARRA COM Federal Capital/EECBG - Construction Updated 03/24/2010 - City of Bremerton COM # F10-52110-018 1 Attachment C Numbering System (DUNS) Number is required and should be inserted in Box # 13 of the Face Sheet of this Agreement. 3. Section 1602 of the Recovery Act: Preference for Quick-Start Activities (if applicable) Section 1602 of the Recovery Act provides: In using funds made available in this Act for infrastructure investment, recipients shall give preference to activities that can be started and completed expeditiously, including a goal of using at least 50 percent of the funds for activities that can be initiated not later than 120 days after the date of the enactment of this Act. Recipients shall also use grant funds in a manner that maximizes job creation and economic benefit. 4. Section 1604 of the Recovery Act: Limit on Funds Section 1604 of the Recovery Act provides: None of the funds appropriated or otherwise made available in this Act may be used by any State or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. 5. Required Use of American Iron, Steel, and Manufactured Goods—Section 1605 of the American Recovery and Reinvestment Act of 2009 Contractor shall comply with Section 1605 of the Recovery Act unless (1) compliance has been waived by the Federal Agency providing the funds; or (2) compliance with the Recover y Act conflicts with an international trade agreement. A. Section 1605 of the Recovery Act provides: � Use of American Iron, Steel, and Manufactured Goods. (a) None of the funds appropriated or otherwise made availabte by the Recovery Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. (b) Subsection (a) shall not apply in any case or category of cases in which the head of the Federal department or agency involved finds that: (1) applying subsection (a) would be inconsistent with the public interest; (2) iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the head of a Federal department or agency determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the head of the department or agency shall publish in the Federal Register a detailed written justification as to why the provision is being waived. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. B. International Trade Agreements: Contracts for the procurement of goods and services in the amount of $528,000 or more and for constructions services in the amount of $7,443,000 or more are covered by an international trade agreement and are therefore not subject to Section 1605. C. Waivers: Contractor shall provide COMMERCE with information and applicable supporting data as may be required by COMMERCE, to support any request for waiver of compliance with Section 1605 (b) of the Recovery Act. The following applies to requests for waivers submitted to COMMERCE. ARRA COM Federal CapitaUEECBG - Construction Updated 03/24/2010 - City of Bremerton COM # F10-52110-018 2 Attachment C (a) Definitions. "Manufactured good° means a good brought to the construction site for incorporation into the building or work that has been: (1) Processed into a specific form and shape; or (2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materiats. "Public building" and "public work" means a public building of, and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and local governments; and multi- State, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. "Steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. (b) Domestic preference. '(1) This award term and condition implements Section 1605 of the Recovery Act of 2009 by requiring that all iron, steet, and manufactured goods used in the project are produced in the United States except as provided in paragraph (b)(3) of this term and condition. (2) This requirement does not apply to the material excepted by the Federal Government. (3) The award official may add other iron, steel, and/or manufactured goods to the list in paragraph (b)(2) of this term and condition if the Federal Government determines that: (i) The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of domestic iron, steel, or manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the cost of the overall project by more than 25 percent; (ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (iii) The application of the restriction of Section 1605 of the Recovery Act would be inconsistent with the public interest. (c) Request for determination of inapplicability of Section 1605 of the Recovery Act. (1)(i) Any request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph (b)(3) of this term and condition shall include adequate information for Federal Government evaluation of the request, including— (A) A description of the foreign and domestic iron, steel, and/or manufactured goods; (B) Unit of ineasure; (C) Quantity; (D) Cost; (E) Time of delivery or availability; (F) Location of the project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in accordance with paragraph (b)(3) of this term and condition. ARRA COM Federal CapitaUEECBG - Construction Updated 03/24/2010 - City of Bremerton COM # F10-52110-018 3 Attachment C (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this term and condition. (iii) The cost of iron, steel, and/or manufactured goods material shall include all delivery costs to the construction site and any applicable duty. (iv) Any request for a determination submitted after Recovery Act funds have been obligated for a project for construction, alteration, maintenance, or repair shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before the funds were obligated. (2) If the Federal Government determines after funds have been obligated for a project for construction, alteration, maintenance, or repair that an exception to Section 1605 of the Recovery Act applies, COMMERCE will amend the award to allow use of the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is nonavailability or public interest, the amended award shall reflect adjustment of the award amount, redistribution of budgeted funds, and/or other actions taken to cover costs associated with acquiring or using the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, COMMERCE shall adjust the award amount or redistribute budgeted funds in accordance with requirements adopted pursuant to the Recovery Act. (3) Unless the Federal Government determines that an exception to Section 1605 of the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods is noncompliant with Section 1605 of the American Recovery and Reinvestment Act. (d) Data. To permit evaluation of requests under paragraph (b) of this term and condition based on unreasonable cost, the following information and any applicable supporting data based on the survey of suppliers should be provided to COMMERCE: FOREIGN AND DOMESTIC ITEMS COST COMPARISON Description Unit of Measure Quantity Cost (Dollars)" Item 1: Foreign steel, iron, or manufactured ood Domestic steel, iron, or manufactured ood Item 2: Foreign steel, iron, or manufactured ood Domestic steel, iron or � manufactured ood [List name, address, telephone number, email address, and contact for suppliers surveyed.] [Attach copy of response; if oral, attach summary.j [Include other applicable supporting information.] [*Include all delivery costs to the construction site.] 6. Wage Rate Requirements under Section 1606 of the American Recovery and Reinvestment Act of 2009 — Davis-Bacon Act All laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act, shall be paid wages at rates not less than those prevailing on projects of a character similar in ARRA COIVI Federal Capital/EECBG - Construction Updated 03/24/2010 - City of Bremerton COM # F10-52110-018 4 Attachment C the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (Davis-Bacon Act). With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan numbered 14 of 1950 (64 Stat. 1267, 5 U.S.C. App.) and section 3145 of title 40 United States Code. See U.S. Department of Labor, Wage and Hour Division website at http://www.dol.qov/esa/whd/contracts/dbra.htm . Wage determinations can be found at http://www.wdol.pov. The Contractor shall include this provision and require this provision to be contained in all subcontracts for work performed under this Contract. The work performed by this contract may also be subject to the State's prevailing wage laws, Chapter 39.12 RCW. The Contractor is advised to consult with the Washington State Department of Labor and Industries to determine the prevailing wages that must be paid. 7. Non-supplanting of State and Local Funds (if applicable -- consult the program solicitation and the special conditions in the award document) . Grantees must use federal funds to supplement existing State and local funds for program activities and must not replace (supplant) State or local funds that they have appropriated or allocated for the same purpose. Potential supplanting will be the subject of monitoring and audit. Violations may result in a range of penalties, including suspension of current and future funds under this program, suspension or debarment from federal grants, recoupment of monies provided under a grant, and civil and/or criminal penalties. For additional guidance regarding supplanting, refer to the information provided at http://www.oip.usdoi.aov/recoverv/suqplantinaauidance.htm. 8. Protection of Whistleblowers Prohibition on Reprisals: An employee of any non-Federal employer receiving covered funds under the Recovery Act may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing, including a disclosure made in the ordinary course of an employee's duties, to the Accountability and Transparency Board, an inspector general, the Comptroller General, a member of Congress, a State or Federal regulatory or law enforcement agency, a person with supervisory authority over the employee (or other person working for the employer who has the authority to investigate, discover or terminate misconduct,) a court or grant jury, the head of a Federal agency, or their representatives information that the employee believes is evidence of: • Gross mismanagement of an agency contract or grant relating to covered funds; • Gross waste of covered funds; • Substantial and specific danger to public health or safety related to the implementation or use of covered funds; • Abuse of authority related to the implementation or use of covered funds; or • Violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) or grant, awarded or issued relating to covered funds. Any employer receiving covered funds shall post notice of the rights and remedies provided under this section. The recommended written notice is attached as "Know Your Rights Under the Recovery Act". 9. Waste Stream Prior to the expenditure of Federal funds, the Contactor is required to provide documentation demonstrating that it has prepared a waste management plan to dispose of sanitary or hazardous waste generated by the proposed activities. Sanitary or hazardous waste includes, but is not limited to, old tight bulbs, lead ballasts, piping, roofing material, discarded equipment, debris, and asbestos. Compliance with this clause will be complete only after the Contactor has submitted adequate documentation to Commerce for its review, and Commerce has provided written approval to the Recipient of its proposed plan to dispose of its sanitary or hazardous waste. ARRA COM Federal Capital/EECBG - Construction Updated 03/24/2010 - City of Bremerton COM # F10-52110-018 5 Attachment C For assistance contact the WA State Governor's Office of Regulator Assistance (ORA), Regional assistance Leads - http://www.ora.wa.gov/contact.asp Pollution Prevention Planning help is available from WA State Department of Ecology Regional Office staff: http://www.ecy.wa.gov/programs/hwtr/P2/contacts.html or call Bellevue: (425) 649-7000 Lacey: (360) 407-6300 Yakima: (509) 575-2490 Spokane: (509) 329-3400 10. False Claims Act Each grantee or subrecipient should promptly refer to an appropriate inspector general any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor or other person has submitted a false claim under the False Claims Act or who has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity or similar misconduct involving those funds. 11. Listing Recovery Act Jobs with the Washington State Employment Security Department This Contract is funded with federal stimulus funds (under the Recovery Act), which has strict reporting requirements for funds spent and jobs created or retained (see Exhibit A, attached and incorporated into this Contract as additional instructions). Unless hiring is directly from a union hall, all job openings created by the Contractor for this project must be listed with the WorkSource system (an a�liate of the Employment Security Department) before hiring; all hiring decisions atso must be reported to WorkSource. In addition, all Subcontractors hired by the Contractor also must be required to list jobs and report hiring results to WorkSource. Existing Contractor or Subcontractor employees who are retained using funds from this project also must be reported to WorkSource. WorkSource will pre-screen and refer qualified job candidates for the Contractor's or Subcontractor's consideration. The Contractor and Subcontractor also have the discretion to use other, additional recruitment systems and retain the right to make all hiring decisions. To begin the listing and reporting process, contact the Employment Security Department ARRA Business Unit at 877-453-5906 (toll-free), 360-438-4849, or ARRA@esd.wa.gov. ARRA COM Federal Capital/EECBG - Construction Updated 03/24/2010 - City of Bremerton COM # F10-52110-018 g Attachment C Exhibit A ARRA COM Federal Capital/EECBG - Construction Updated 03/24/2010 - City of Bremerton COM # F10-52110-018 7 � Attachment C ARRA COM Federal Capital/EECBG - Construction Updated 03/24/2010 - City of Bremerton COM # F10-52110-018 8 Attachment C ARRA COM Federal Capital/EECBG - Construction Updated 03/24/2010 - City of Bremerton COM # F10-52110-018 g Attachment C Know Your Rights Under the Recovery Act! Post this notice of the rights and remedies. Did you know? The American Recovery and Reinvestment Act of 2009 �provides protections for certain employees of non-federal employers who make specified disclosures relating to possible fraud, waste and/or abuse or Recovery Act funds. Who is pl'oteCted? Employees of non-federal employers receiving recovery funds. This includes State and local governments, contractors, subcontractors, grantees or professional membership organizations acting in the interest of recovery fund recipients. How are Whistleblowers Protected? You cannot be discharged, demoted or otherwise discriminated against as a reprisal for making a protected disclosure. What types of disclosures are protected? The disclosure must be made by the employee to the Recovery Accountability and Transparency Board, an Inspector General, the Comptroller General, a member of Congress, a state or federal regulatory or law enforcement agency, a person with supervisory authority over the employee, a court or grand jury, or the head of a federal agency or his/her representatives. The disclosure must involve information that the employee believes is evidence of � Section 1553 of Division A, Title XV of the American Recovery and Reinvestment Act of 2009, P.L. 111 • gross mismanagement of an agency contract or grant relating to recovery funds; • a gross waste of recovery funds; • a substantial and specific danger to public health or safety related to the implementation or use of recovery funds; • an abuse of authority related to the implementation or use of recovery funds; or • a violation of law, rule, or regulation related to an agency contract or grant awarded or issued relating to recovery funds. Take ACtlOI].► Log on to Recovery.gov for more information about your rights and details on how to report at www.recoverv.�ov. ARRA COM Federal CapitaUEECBG - Construction Updated 03/24/2010 - City of Bremerton COM # F10-52110-018 10 DATE SUBMITTED: June 1, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT Ordinance No. �_ amending Committee Meeting Date: June 9, 2010 Section 10.10.140 of the BMC entitled COLTNCIL MEETING Date: June 16, 2010 "Disabled Parking" Department: City Council Presenter: Nick Wofford Phone: 473-5280 SUMMARY: State law allows for the City to provide time limits for disabled parking. The Bremerton Municipal Code currently does not apply time limits to disabled parking. Time limits are proposed to minimize abuse of disabled parking. ATTACHMENTS: Proposed Ordinance /�o . 5 I(� FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: ` MAYOR � _' COMMITTEE CHAIR COUNCIL PRESIDENT: - CONSENT AGENDA ❑ i GENERAL BUSINESS (� PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve Ordinance No. S'�-� amending Section 10.10.140 of the Bremerton Municipal Code entitled "Disabled Parking." COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Page 1 of 1 Lori Smith From: , City Council Sent: Monday, June 14, 2010 4:40 PM To: City Council Subject: FW: Proposed Amendment - Item 6(B) Disabled Parking Ordinance (Roy Runyon) Attachments: Agenda.pdf From: Roy Runyon [mailto:d4bremerton@yahoo.com] Sent: Monday, June 14, 2010 3:05 PM To: City Council Cc: Legal; d4bremerton@yahoo.com Subject: Disabled Parking ordinance Agenda item $3-6(B) I'm proposing this amendment to Agenda item $-3, 6(B) the "Disabled Parking" ordinance: Add to subsection (b): A person operatin�a public transit a e�nc ur non-profit organization vehicle displa�� a special license plate, card or decal issued pursuant to RCW 46.16.381 shall be exempt from the four hour time limitation imposed under this subsection. --Roy 6/14/2010 ORDINANCE NO. SI l AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 10.10.140 and Section 10.11.010 of the Bremerton Municipal Code related to "Disabled Parking". WHEREAS, State law allows the City to provide for time limits to handicapped parking; and WHEREAS, current provisions of the Bremerton Municipal Code do not apply time limits to handicapped parking; and WHEREAS, limits are recommend to minimize abuse of disabled parking; NOW THEREFORE, , THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: a SECTION 1. Section 10.10.140 of the Bremerton Municipal Code entitled "Disabled Parking" is hereby amended to read as follows: 10.10.140 PARKING FOR DISABLED PERSONS. ` T„,�:,,,,+:,... ,.CD.�..L:.... Q«.,,,o �,. Tl:�„L,1 .i D D!'��V A� �1 C41 /1.\ Dl,...,:,,,.11., T:�.,l.lo,� 7..«0� !1« �+..00� ..,,..1.:...,. � „�,7 F« t..J a iaJ , ° ° ° �..o� D....L:...,_ L., T:...,L.lo.i De..�..«. A.,,, o • L.,. ++l, '+ ' F ��� . ....+ � zn.n.a� o7-va ccr-:-crav . "�n �ilE � L� �t .a D!'�\Il A� 1 � 2Q1 �l,.,ll l.e .,ll.,.,,e,7 �.,�.. ,.C,.L...«,.,. +,. ...,...1. ,. r ------ r-----a r-- • "� »...,...� �� . . e�' a�'ear�`u��h narlEins m + �• t +� • . • + a . +t, i „+t, �*• --- r' '---'--.. ""'�" �� vuava v.r � . . . f 7 n��hihit�� .,,�.s=t� :.- -_..� ,oa �,. � e „� �.,,.s � �.• i �.• �, a c � • � � �lE`n.� e..1..*0 «.io.. D!ti\I7 A! 1!. 241 +.. l.e ol:..:l.le F ��1... :1,. «,.1,... aL.: ,.a:,.� r (a) A person who has received a current and valid special disabled person's cazd, decal or license plate from the Washington State Department of Licensin under RCW 46.16.381 shall be allowed to nark a vehicle bein� used to transport such nerson in parkin� meter spaces free of charge and in nonmetered spaces for unlimited periods of time in narkin� zones or areas which are otherwise restricted as to the len�th of time pazkin� is nermitted except as otherwise provided in subsection (b) of this section This section shall have no application to those zones or azeas in which the stopping, narking or standins of all vehicles is prohibited or which are reserved for special types of vehicles Such person shall not be permitted the foreg.oing,privilege unless the�erson obtains and displays a distin uishin� card, decal, or license plate issued pursuant to RCW 46.16.381. (b) No person shall stop, stand or park a vehicle in a parking, space reserved for disabled persons provided on-street or on private propertv without char�e without obtaining and displayin� a special license plate, card, or decal issued pursuant to RCW 46.16.381; provided, pursuant to RCW 46.16.381 a time limitation of four hours is imposed on the use of such parkin�spaces for on-street parking when so signed and a time restriction of four hours is imposed on the use of nonreserved on-street parking spaces bv vehicles displayin t� he special parkin,g.nlacazds when such time restriction is clearly posted. (c) A parkin�pace or stall for a disabled person shall be identified as described in RCW 46.61.581 includin� fine time limitation (if applicable) and tow-away information. Notwithstanding any provision in this chapter in accordance with RCW 46.61.581, failure of the person owning or controllin� the provertv where required parkin� spaces are located to erect and maintain the si�n is a Class 2 civil infraction under Chapter 7.80 RCW for eachparkin�space that should be so designated The person ownin� or controlling the propertv where the required pazkin� snaces are located shall � ensure that the pazkin� spaces are not blocked or made inaccessible and failure to do so is a Class 2 civil infraction. (d) No person shall make inaccessible the access aisle located next to a space reserved for physicallv disabled nersons. (e) Notwithstandin�an�provision in this chapter the citv's police department is authorized to appoint volunteers, with a limited commission to issue notices of infractions for violations of the city's disabled parking re�ulations Volunteers must be at least 21 vears of a�e and meet such additional qualifications as established by the city's police denartment. A notice of infraction issued bv a volunteer appointed under this section has the same force and effect as a notice of infraction issued by police officers and narkine enforcement officers for a violation of the city's disabled parkin��ulations (�� Special Plate, Card or Decal Issued by Another Jurisdiction. RCW � 46.61.583 is hereby adopted by reference. SECTION 2. Section 10.11.010 of the Bremerton Municipal Code entitled "Pazking Violations" is hereby amended by amending Subsection 10.11.010(� to read as follows: (fl Unauthorized �Ea�sappe�-Disabled Parking. It is a tr�c infraction for any person to pazk a vehicle in a public place provided on private property without chazge or on public property reserved for physically disabled persons without a placard or special license plate as provided for in BMC 10.10.140 and RCW 46.16.381(�}-a��}. If a person is charged with a violation, the person shall not be determined to have committed an infraction if the person produces in court or before the court appearance the placard or special license plate required under this SeCt1011 "" •70 �+...,+e� +L..,+ +l,o «e +:*lo,i +,. +b. 1 1' 1 + ,7 r' tJ {41 11LV � c�ee�a�. Additionallv, it is a traffic infraction pursuant to BMC 10 11 O10(a) for any vehicle disnlavin� the nlacazd or special license plate as provided for in BMC 10 10 140 and RCW 46.16.381 to violate any time restrictions imposed on nonmetered on street parkin� places reserved for persons with physical disabilities as well as nonreserved on street parkin�spaces. SECTION3. Severabilitv. If any one or more sections, subsections, or sentences of this Ordinance aze held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTIDN 4. E�'�'ective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of , 2010 NICK WOFFORD, Council President Approved this day of , 2010 PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of , 2010 EFFECTIVE the day of , 2010 ORDINANCE NO. R:\Legal\Legal\Ordinances\Finance\Pazking for Disabled Persons.doc . Page 1 of 1 Christine Grenier 6� From: Christine Grenier on behalf of City Council Sent: Wednesday, June 16, 2010 10:26 AM To: City Council Subject: Citizen Letter - disabled parking Copies will be provided at the Briefing prior to the Council Meeting tonight... Christine From: Sher Yeuroukis [mailto:sheryeuroukis@hotmail.com] Sent: Wednesday, ]une 16, 2010 8:37 AM To: City Council Subject: copy of inessage sent to Mayor Lent. Nick Wofford and Will Maupin, this is a copy of an e-mail I just ent to Mayor Lent. I believe you should read it too. Good morning Madam Mayor, I want to weigh in on the recent newspaper article that I read regarding those who park using disabled plates/placards. I have visited downtown Bremerton on every day of the work week and I have never been at a loss for on street parking. So what if people park and go to work. At least they are working. If someone has a heart condition or asthma or no left foot and they need help by way of parking close to where they want to go for no cost - so what. You are able bodied and should be thankful you are not in the other person's position to have to be embarrassed by using the placard. I have asthma and I never know when I will be able to walk a distance or not. I work in Seattle and bring my money back to Bremerton to spend. On mornings when I have to, I park as close to the ferry as I can and I hang my placard. I do not like riding the bus from the park and ride. It adds another 30 minutes to my already hour and 3/4 commute each way for my job in Seattle that I need in order to spend my take home pay in Bremerton. I don't like riding the bus because when some person coughs on me and I catch his cold - my breathing is really affected. As I said, I have asthma. My doctor at the Northwest Asthma clinic in Seattle tells me to use the placard and park close. He tells me that running to get somewhere triggers attacks. I am 61. Running isn't going to get easier. So lay off your plans to limit placard parking time. How dare you be so biased against folks who are abiding by the rules. By the way, my car has been vandalized while parked across from Boston's Deli, using my placard. It has had food garbage thrown on it, it has had tires slashed and cream hair conditioner used to write messages on the windshield, i.e.: NO FREE PARKING". I believe the Zen salon did this and I confronted her to ask - she denied naturally. I know there is nothing that can be done about this so I just call AAA for the tires and go home and wash my car but -- If you don't want us to bring money to the business in Bremerton - if I have to pay Diamond Parking instead, I'll burn gas and drive around - might as well do my shopping in Seattle. Thanks for your time. Sher Yeuroukis The New Busy is not the too busy. Combine all your e-mail accounts with Hotmail. Get busv. 6/ 1612010 Page 1 of 1 Lori Smith . From: Lori Smith on behalf of City Council Sent: Wednesday, June 16, 2010 3:42 PM To: City Council � Subject: FW: Citizen Letter - Handicap Parking (Sharon O'Hara) FYI... -----Original Message----- From: Sharon O'Hara [mailto:familien1@wavecable.com] Sent: Wednesday, June 16, 2010 3:29 PM To: City Council Subject: Citizen Letter - Handicap Parking (Sharon O'Hara) I have a comment to make on the "Handicap Parking' time limit issue. A 4 hour limit is not enough time for many physically challenged persons to conduct business in more than one place. It takes time for them to even get out of the vehicle, get their walker, wheelchair, walking sticks ---whatever they need to get around. The physically challenged should not be discriminated against because the city council can't think of any other way to free up those parking spots from people abusing the 'rules'... don't punish the very people who need the spaces reserved for them. Set up cameras to catch the people illegally parking and punish them - not the handicapped. btw: Sometimes doctor appointments at the U or elsewhere will take all day. Your job should be to figure out how to do the right thing, then do it. In my opinion, Sharon O'Hara Sharon O'Hara POB 3531 Silverdale, WA 98383 360-337-1454 familien1 Ca�wavecable.com 6/16/2010 �