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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
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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
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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,
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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.
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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
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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:
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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
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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:
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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
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�- . �',, 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
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' - — --- ---�—
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
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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
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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 ;
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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.
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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
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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
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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
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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
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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."
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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
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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.
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GENERAL TERMS AND CONDITIONS
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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.
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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.
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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
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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.
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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."
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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.
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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.
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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
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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.
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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.
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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.
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(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
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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 �