Loading...
HomeMy WebLinkAbout04/01/2020 AGENDA PACKET ______________________________________________________________ th CITY COUNCIL 345 6 Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 WEDNESDAY, APRIL 1, 2020 CITY COUNCIL VIRTUAL MEETING AGENDA Via Live-Stream Video and/or Audio Remote Access To help reduce the spread of COVID-19, the City Council is conducting a virtual meeting. The Chambers will be closed, and all Council Members and staff will be participating in the meeting remotely. The public is invited to view and/or participate in the Council Meeting through one of the following options: To stream online only (via BKAT Feed, with no interaction possible: https://bremerton.vod.castus.tv/vod/?live=ch1&nav=live To join the meeting with computer, tablet, or phone (includes ability to interact): https://zoom.us/j/429595268?pwd=RUlpRTRmbW1DK2dDZnNtNWRReU9HUT09 To join the meeting with the phone only: +1 253 215 8782 +1 301 715 8592 +1 360 415 1029 Meeting ID: 429 595 268 Password: 760633 Citizens are always encouraged to send questions and comments by email to City.Council@ci.bremerton.wa.us 1. CALL TO ORDER: 5:30 PM 2. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting March 4, 2020 C. Minutes of Special Meeting & Study Session March 11, 2020 D. Professional Services Agreement with the Bremerton School District for a Full-Time School Resource Officer E. Public Works Agreement with Sabelhaus West, Inc. for Reservoir 8 Exterior Coating Replacement F. Budget Amendment to Transfer Funds within the Street Department Budget to Purchase a Hydraulic Breaker and Compactor for the Mini Excavator G. The Local & Community Projects Program Grant Agreement with the State of Washington Department of Commerce for the Warren Avenue Neighborhood Park & Playfield Renovation Project 3. GENERAL BUSINESS A. Ordinance No. 5396 amending Ordinance No. 5382 relating to Stormwater General Facility Charges B. Goods and Services Agreement with Merchant Patrol Security Services, Inc. for Security Services and Patrols C. Sole Source Purchase from Granich Engineered Products, Inc. for the Service and Repair of Lift Station WB-3 Pump No. 2 D. Repair of Boiler and Rental of Temporary Boiler from Cole Industrial, Inc. for the Wastewater Treatment Plant E. Contract with Sound Pacific Construction, LLC for Construction of the Warren Avenue Park Improvement Project; and related Budget Adjustments F. Purchase of Athletic Field Lighting from Musco Sports Lighting through the King County Directors Association Purchasing Cooperative for the Warren Avenue Park Improvement Project G.Interlocal Agreement with the Kitsap Regional Coordinating Council 4. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING AGENDA BILL CITY OF BREMERTON CITY COUNCIL 2A SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: April 1, 2020 Department: Legal Services Presenter: Angela Hoover Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 388325 through 388709 and Electronic Fund Transfers V20963 through V21067 in the grand total amount of $4,850,689.35 2. Regular Payroll for the pay period ending February 29, 2020 in the amount of $838,881.88 3. Regular Payroll for pay outs and supplemental pay for pay period ending February 29, 2020 in the amount of $4,661.94 4. Regular Payroll for the pay period ending March 15, 2020 in the amount of $853,529.37 5. Retiree Payroll for pay period ending March 31, 2020 in the amount of $56,221.24 ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 AGENDA BILL CITY OF BREMERTON 2B CITY COUNCIL SUBJECT: Minutes of Meeting March 4, Study Session Date: N/A 2020 COUNCIL MEETING Date: April 1, 2020 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Meeting held on March 4, 2020 are attached. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: N/A STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the March 4, 2020 Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, March 4, 2020 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, March 4, 2020, at 5:00 PM in Council Conference Room 603 of the N ORM D ICKS G OVERNMENT th C ENTER, 345 6 Street, Bremerton, Washington, with Council President Eric Younger presiding. Council Members present were Mike Simpson, Michael Goodnow, Lori Wheat, Leslie Daugs, and Pat Sullivan. Council Member Kevin Gorman was absent. Also present were City Attorney Roger Lubovich; City Clerk Angela Hoover; Legislative Office Manager Lori Smith; and Dave Sorensen, Information Services Manager. A C OUNCIL B RIEFING was 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 Leslie Daugs followed by the invocation provided by Rev. Dr. Susie Beil of Summit Avenue Presbyterian Church. Encouraged residents to contact www.kitsappublichealth.org for more information on the Coronavirus and prevention tips; and emphasized there have been no cases yet in Kitsap; Provided an Update on Permit Activity and Revenue; Jones Road by the Bremerton Family YMCA, and Charleston Boulevard at Rodgers Street; and Was pleased with progress made on the SR304 Gateway Median Landscape Project. PUBLIC RECOGNITION Caroline Stein Washington State Science & Engineering Fair that will be held Friday (grades 1 to 6) & Saturday (grades 7 to 12), on March 27 & 28 at Bremerton High School. She also said volunteers were needed to judge the projects. Chuck Finkbiner acknowledged and expressed appreciation for Ken Hulet who will head a Community Emergency Response Team (CERT) to provide crowd and traffic management during t; and noted that CERT members will also manage a First Aid Booth at this Washington State Science & Engineering Fair. Suzanne Griffin with the Brain Injury Alliance of Washington (BIAWA) read a proclamation from Brain Injury Awareness indicated that more information is available at www.kitsap braininjury.org. CONSENT AGENDA 5A Claims & Check Register: Check Numbers 388161 through 388324 and EFT-V20916 through EFT-V20962 in the amount of $1,612,344.59; Regular Payroll for the pay period ending January 31, 2020 in the amount of $940,544.34; Regular Payroll for the pay period ending February 15, 2020 in the amount of $867,734.05; Regular Payroll (Pay out) for the pay period ending February 15, 2020 in the amount of $953.23; and Retiree Payroll for the pay period ending February 29, 2020 in the amount of $58,549.17 5B Minutes of Meeting February 19, 2020 5C Minutes of Study Session February 26, 2020 5D Professional Services Agreement with Confluence Engineering Group, LLC for Iron and Manganese Evaluation and Control Study City Council Reg. Mtg. Minutes Wednesday, March 4, 2020 Page 2 of 3 5E Professional Services Agreement with Confluence Engineering Group, LLC for Risk and Resiliency Assessment; and Water System Plan Update Support 5F Contract Modification Agreement No. 3 to the Professional Services Agreement with Code Pros, LLC for Supplemental Building Department Services; Professional Services Agreement for Structural Engineering Plan Review; and Budget Adjustment 5G Amendment No. 1 to Master Services Agreement with Civic Plus to purchase Civic Ready 5H 05:57:22 M/S/C/U (Daugs/Sullivan) Move to approve the C ONSENT A GENDA as presented. GENERAL BUSINESS 6A PRESENTATION ON THE 2021 TO 2025 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOME CONSOLIDATED PLAN: CDBG Program Administrator Sarah Achaoui explained during a Power Point presentation that the City is currently working on updating its Consolidated Plan. In compliance with the U.S. Department of Housing and Urban Development the period 2021- based on the Housing Market Analysis and Needs Assessment, and sets goals and strategies toward those priorities. This plan will be submitted to HUD on November 15, 2020. The current plan will expire on December 31, 2020. 6B ORDINANCE NO. 5394 AMENDING CHAPTER 2.28 OF THE BREMERTON MUNICIPAL : Human Resources Manager Charlotte Nelson summarize that the proposed ordinance updates the provisions of Chapter 2.28 of the Bremert Questions from the public were asked by Airen Lydick; with responses provided by City Attorney Roger Lubovich, Ms. Nelson, and Mayor Wheeler 06:11:09 Motion was made by Goodnow; and seconded by SullivanComments and questions were provided by Wheat, Sullivan, Daugs, and Simpson; with a response provided by Mr. Lubovich 06:14:31 M/S/C/U (Goodnow/Sullivan) Move to pass Ordinance No. 5394 to amend Chapter 2.28 COUNCIL MEMBER REPORTS Pat Sullivan announced the next Lions Park Shoreline Weeding Party on Saturday, March 14 from 10:00 AM to 12:00 PM; and encouraged members of the community to volunteer to serve as a judge for the Washington State Science & Engineering Fair March 27 & 28. Leslie Daugs invited voters to drop off their Presidential Primary ballot on Tuesday, March 10 from 7:00 AM to 8:00 PM at the new Bremerton Voting Center set up at the Marvin Williams Recreation Center located at 725 Park Avenue; Meals on Wheels Kitsap on Monday, March 16; and announced Census Day on April 1, and encouraged the community to participate in the 2020 Census through the online portal that is opening on March 15. City Council Reg. Mtg. Minutes Wednesday, March 4, 2020 Page 3 of 3 Lori Wheat announced opening as part of the First Friday Artwalk on Friday, March 6 at 5:00 PM at the Kitsap Historical th Museum located at 280 4 Street; Kitsap Advocating for Immigrant Rights & Equality (KAIRE) will 1550 NE Riddell Road on Friday, March 6 from 4:00 to 7:00 PM AM to 5:00 PM in the HSS Building at Olympic College; and the next monthly Community Meeting in District 4 will be on Saturday, March 7 from 10:30 to 11:30 PM at First Christian Church located at 811 Veneta Avenue will feature Council Member Leslie Daugs and also the Kitsap County 2020 Complete Count Coordinator discussing the importance of Michael Goodnow looked forward to the 29th March 14 from 11:00 AM to 1:00 PM in downtown Bremerton; and announced that applications to Monday, March 30. He also announced a few films by women will be shown this Sunday at the Historic Roxy Theatre in honor of I Mike Simpson was pleased to announce that he and his wife both looked forward to their first year as volunteer WSSEF judges. President Younger established that since there will not be another opportunity, he wore a green tie . With no further business, President Younger adjourned the Council Meeting at 6:35 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager st APPROVED by the City Council on the 1 day of April, 2020. ________________________________________ ERIC YOUNGER, City Council President Attest: ________________________________________ ANGELA WOODS, City Clerk EY:AW:ls:cg AGENDA BILL CITY OF BREMERTON 2C CITY COUNCIL SUBJECT: Minutes of Special Meeting & Study Session Date: N/A Study Session March 11, 2020 COUNCIL MEETING Date: April 1, 2020 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of the Special Meeting & Study Session held on March 11, 2020 are attached. ATTACHMENTS: Special Meeting and Study Session Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: N/A STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the March 11, 2020 Special Meeting & Study Session Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 DIGITAL RECORDING CITY COUNCIL SPECIAL MEETING & STUDY SESSION MINUTES Wednesday, March 11, 2020 A Special Meeting and Study Session of the City Council of the City of Bremerton was called to th ORM D ICKS G OVERNMENT C ENTER, 345 6Street, Bremerton, Washington, Wednesday, March 11, 2020, at 4:00 PM, with Council President Eric Younger presiding. Council Members present were Mike Simpson, Michael Goodnow, Lori Wheat, Kevin Gorman, Leslie Daugs, and Pat Sullivan. Lori Smith, Legislative Office Manager, was present to provide staff support. A. ROUNDTABLE With Council Members; Mayor Greg Wheeler; Bremerton High School Student Advisor Scott Webb; and members of the Bremerton High School Youth Leadership Council Stephen Malone, Ya'Mauris Irving, Kathrynn Nielson, Nolan Gannon, John Hardgrove, Abby Queenann, and Joshua Santos. President Younger established that the students will work together to propose a City of Bremerton Mission, Vision, and Values Statement for the Council Members to consider at a future date. At 5:00 PM, the Special Meeting was adjourned; and the Council Members moved to the Council President Younger emphasized that the Study Session was open to the public, but there would be no opportunities for input or participation; and announced that approved items by Council will be placed on the March 18, 2020 Council Meeting Agenda or as indicated. B. BRIEFINGS ON AGENDA ITEMS 1. Professional Services Agreement with the Bremerton School District for a Full-Time School Resource Officer Consent Agenda 2. Public Works Agreement with Sabelhaus West, Inc. for Reservoir 8 Exterior Coating Replacement Consent Agenda 3. Budget Amendment to Transfer Funds within the Street Department Budget to Purchase a Hydraulic Breaker and Compactor for Mini Excavator Consent Agenda 4. The Local & Community Projects Program Grant Agreement with the State of Washington Department of Commerce for the Warren Avenue Neighborhood Park & Playfield Renovation Project Consent Agenda C. GENERAL COUNCIL BUSINESS o Audit Committee Briefing (03/03/20 Meeting) Chair Leslie Daugs o General Council Business was discussed. With no further business, President Younger adjourned the Study Session at 6:40 PM. Prepared and Submitted by: LORI SMITH, Legislative Office Manager City Council Special Meeting & Study Session Minutes Wednesday, March 11, 2020 Page 2 of 2 st APPROVED by the City Council on the 1day of April, 2020. Eric Younger, Council President ATTEST: Angela Woods, City Clerk EY:AW:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL 2D SUBJECT: Study Session Date: March 11, 2020 Professional Services Agreement with the COUNCIL MEETING Date: April 1, 2020 Bremerton School District for a Full-Time Department: Police School Resource Officer Presenter: Randy Plumb Phone: (360) 473-5974 SUMMARY: Bremerton Police Department to provide security services with a full-time School Resource Officer to assist faculty, staff, students and families within the Bremerton School District. ATTACHMENTS: Professional Services Agreement with the Bremerton School District FISCAL IMPACTS (Include Budgeted Amount): Bremerton School District to provide compensation in the amount of $58,000.00 for services through June 30, 2020. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with the Bremerton School District for a full- time School Resource Officer; and to 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 Form Updated 01/02/2018 PROFESSIONAL SERVICES AGREEMENT January 1, 2020 through June 30, 2020. Bremerton School District 100-C ( services: I. Scope: The City will provide a full-time School Resource Officer (SRO) to assist primary service areas will be Bremerton High School and Mountain View Middle School. Assistance at other Bremerton Schools will be provided as requested. The SRO will assume regular police duties outside of the scheduled academic calendar. The SRO, along with the Chief of Police or his designee, will work with the District and building administrators to provide a positive, safe environment for students and employees, City officials will work with the District to plan and carry out in-services for staff which will help staff learn to identify safety risks and learn appropriate responses in unsafe situations. The SRO will work with individual students and groups of students to encourage positive behavioral choices. The SRO will at all times follow procedures laid out (see Policy 3226 and 3226P). District and SRO will work closely to plan and implement specific activities designed to improve student behavioral choices at each site. All parties agree to meet together on a regular scheduled basis. II. Term: This agreement shall be effective January 1, 2020 through June 30, 2020. III. Compensation: In consideration of the services provided pursuant to this Agreement, the District shall pay the City of Bremerton Treasurer Fifty-Eight Thousand Dollars ($58,000) on or before April 30, 2020. IV. Relationship of Parties: The SRO is an employee of the City of Bremerton Police Department and will answer to the Police Chief. V. Entire Agreement: This agreement constitutes the entire agreement between the parties, and the parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this agreement. VI. Nondiscrimination: The parties shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, sexual orientation or disability. VII. Termination: This Agreement may be terminated without cause at any time by mutual agreement of the parties hereto, or by either party after 30 days following the other Each party shall have the right to cancel and immediately terminate this agreement without prior notice upon breach of the Agreement by the other Party. 3¢§®®« 2¤²®´±¢¤ /¥¥¨¢¤± 0 ¦¤ ΐ ®¥ Β Pro-rata refunds for the remaining pre-paid term of this agreement, if any, shall be refunded to District should either party initiate termination. VIII. Indemnification: The School District shall defend, indemnify and hold harmless the City and its officers, agents and employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, arising out of any act or omission of the School District, its officers, agents, and employees or any of them relating to or arising out of the performance of the Agreement; however, the School District shall not defend, indemnify or hold the City harmless of any claims, actions or suits for injury, damage or loss of any kind caused by either intentional act(s) or the sole negligence of the City, its officer, agents and employees, or any of them. In any action for which the School District defends the City, the School District shall have the right to select counsel; however, the City may against the City and the School District and their respective officers, agents and employees, or any of them, The School District shall satisfy the same; however, in the event that the final judgment contains any award for injury, damage or loss of any kind caused by the intentional act(s) or the sole negligence of the City, its officers, agents and employees, or any of them, the City shall pay that portion of the judgment In executing this Agreement, the City does not assume liability or responsibility for, or in any way release the School District from any liability or responsibility which arises in whole or in part from the existence or effect of School District policies, rules or regulations. If any cause, claim, suit, action, or administrative proceeding is commenced, in which the enforceability and/or validity of any such School District policy, rule or regulation is at issue, the School District shall defend the same at its sole expense and if judgment is entered or damages are awarded against the School District, the City or both, the School District shall satisfy the same, including all chargeable The City shall defend, indemnify and hold harmless the School District and its officers, directors, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, out of any act or omission of the City, its officers, agents and employees, or any of them in the performance of this Agreement; however, the City shall not defend, indemnify or hold the School District harmless from any claims, actions or suits for injury, damage or loss of any kind caused by either intentional act(s) or the sole negligence of the School District, its officers, directors, agents and employees or any of them. In any action for which the City defends the School District, the City shall have the right to select counsel; however, the School District may associate additional counsel at the School judgment contains any award for injury or loss of any kind caused by the intentional act(s) or the sole negligence of the School District, its officers, directors, agents and employees or any of them, the School District shall pay that portion of the judgment. 3¢§®®« 2¤²®´±¢¤ /¥¥¨¢¤± 0 ¦¤ Α ®¥ Β IX. Venue Stipulation: The laws of the State of Washington shall be applicable to the construction and enforcement of this Agreement. Any action at law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provision herein shall be instituted in Kitsap County, Washington. CITY OF BREMERTON BREMERTON SCHOOL DISTRICT 100-C ______________________________ __________________________________ GREG WHEELER, Mayor By: ______________________________ Its: _______________________________ DATE: ________________________ DATE: ____________________________ _______________________________ __________________________________ JAMES BURCHETT, Police Chief Board Member Date: __________________________ Date: ______________________________ APPROVED AS TO FORM: _______________________________ ROGER A. LUBOVICH, City Attorney Date: __________________________ 3¢§®®« 2¤²®´±¢¤ /¥¥¨¢¤± 0 ¦¤ Β ®¥ Β AGENDA BILL CITY OF BREMERTON CITY COUNCIL 2E SUBJECT: Study Session Date: March 11, 2020 Public Works Agreement with Sabelhaus COUNCIL MEETING Date: April 1, 2020 West, Inc. for Reservoir 8 Exterior Coating Department: Engineering Replacement Presenter: Bill Davis Phone: (360) 473-2312 SUMMARY: Reservoir 8 is a 2.5 million gallon steel water reservoir located at 7300 Werner Road. An exterior coating assessment report was prepared by Northwest Corrosion Engineering in early 2019 which included recommendations for recoating of the exterior of this reservoir. The exterior of the reservoir will be abrasive blasted to remove the existing coating and a new coating system will be applied. Bids were opened on February 27, 2020. Five (5) bids were received. Sabelhaus West, Inc. was the lowest responsible, responsive bidder in the amount of $491,421.16 (which includes sales tax). ATTACHMENTS: 1) Public Works Agreement; 2) Location Map; 3) Bid Schedule; 4) Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount): This project is included in the 2020 Water Capital Budget. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to award the construction contract for Reservoir 8 Exterior Coating Replacement to Sabelhaus West, Inc. in the amount of $491,421.16; 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 Form Updated 01/02/2018 3%#4)/. ΏΏΔΏΏ AGREEMENT THIS AGREEMENT is dated the day of in the year 2020 by and between #¨³¸ ®¥ "±¤¬¤±³®­ (hereinafter called OWNER) and (Hereinaftercalled CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the OWNER's Contract Documents entitled 2%3%26/)2 Η – %84%2)/2 #/!4).' 2%0,!#%-%.4 ARTICLE 2. CONTRACT TIMES. Substantial Completion for the WORK must be achieved not later than 100 ¢ «¤­£ ± £ ¸² from the date of Notice to Proceed. Final Completion and Acceptance of the Work must be achieved not later than 30 calendar days after Substantial Completion. ARTICLE 3. LIQUIDATED DAMAGES. OWNER and the CONTRACTOR recognize that time is of the essence of this Agreement and that the OWNER will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions and Supplementary Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the OWNER if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the OWNER and the CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) the CONTRACTOR shall pay the OWNER $750 for each day that expires after the time specified in Article 2. ARTICLE 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in current funds the amount set forth in the Bid Schedule(s). ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. ____________ (Contractor Initials) RESERVOIR 8 –EXTERIOR COATING REPLACEMENTAGREEMENT FEBRUARY202000500-1 ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the WORK consist of this Agreement (Section 00500) and the following attachments to this Agreement: Notice Inviting Bids (Section 00030). Instructions to Bidders (Section 00100). Bid Forms including the Bid, Bid Schedule(s), Information Required of Bidder, Bid Bond, and all required certificates and affidavits (Section 00300). Performance Bond (Section 00610). Payment Bond (Section 00620). General Conditions (Section 00700). Supplementary General Conditions (Section 00800). Technical Specifications as listed in the Table of Contents, including appendices. Drawings as listed in the List of Drawings. Addenda numbers _____ to _____, inclusive. Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Paragraph 3.04 of the General Conditions. ARTICLE 7. WAIVER OF IMMUNITY. The CONTRACTOR and OWNER acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. The CONTRACTOR and OWNER acknowledge and agree to the requirements for indemnification in paragraphs 00700 6.20 and 00800 SC-6.20. The provisions of this article shall survive the termination or expiration of this agreement. ARTICLE 8. SUSPENSION OF WORK AND TERMINATION The Contractor agrees to the right of the OWNER to suspend work or terminate this agreement as indicated in Article 15 of Section 00700 (Standard General Conditions) and Section 00800 (Supplementary Conditions). _______________ (Contractor Initials) RESERVOIR 8 –EXTERIOR COATING REPLACEMENTAGREEMENT FEBRUARY202000500-2 ARTICLE 9. ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The OWNER, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes. In the case of an assignment for security purposes the OWNER may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, OWNER and CONTRACTOR have caused this Agreement to be executed the day and year first above written. OWNER: City of Bremerton CONTRACTOR (Signature) (Signature) By By Greg Wheeler, Mayor (Printed name) (Printed name) \[CORPORATE SEAL\] Attest Attest Address for giving notices Address for giving notices City of Bremerton, Engineering, th 345 6 St, Suite 100, _ _____________________________________________________ Bremerton WA 98337 ______________________________________________________ License No. Approved as to Form: Agent for service of process: (Signature, City Attorney) (Signature and Title) RESERVOIR 8 –EXTERIOR COATING REPLACEMENTAGREEMENT FEBRUARY202000500-3 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 2F SUBJECT: Study Session Date: March 11, 2020 Budget Amendment to Transfer Funds within COUNCIL MEETING Date: April 1, 2020 the Street Department Budget to Purchase a Department: PW&U Hydraulic Breaker and Compactor for the Presenter: M. Hawkins-Bates Mini Excavator Phone: (360) 473-5333 SUMMARY: The Street Department has requested approval to purchase a hydraulic breaker and compactor for the departments mini excavator. This equipment will significantly assist with our sidewalk program. In the past we have borrowed the Water Utilities equipment, and have instances where both Divisions need the equipment at the same time. The purchase price for the equipment is $18,720.11 including Washington State sales tax. It was not budgeted within the 2020 budget but there is personnel savings this year that will cover the expense. ATTACHMENTS: Quote Brochure FISCAL IMPACTS (Include Budgeted Amount): There are sufficient funds in the Street Department budget. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve a budget amendment to transfer funds from Personnel to Supplies and Capital within the Street Department Budget. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 2G SUBJECT: The Local & Community Study Session Date: March 11, 2020 Projects Program Grant Agreement with the COUNCIL MEETING Date: April 1, 2020 State of Washington Department of Department: Parks & Recreation Commerce for the Warren Avenue Presenter: Jeff Elevado Neighborhood Park & Playfield Renovation Phone: (360) 473-5428 Project SUMMARY: The attached Department of Commerce Local and Community Projects Program Grant Agreement will provide $201,880 to assist in the renovation of Warren Avenue Park and Playfield. Improvements include accessible pathways, restroom, paved parking lot, and play area. The site will receive new landscaping, picnic shelter, and sports field lighting upgrades. This grant requires no matching funds and will be combined with two other State of Washington RCO grants to fund the project. ATTACHMENTS: 1) Department of Commerce Grant Agreement; 2) Warren Avenue Park and Playfield Site Plan FISCAL IMPACTS (Include Budgeted Amount): This $201,880 grant requires no matching funds and will be combined with a $500k RCO Local Parks, $350kRCO Youth Athletic Facilities Grants, $25k Cash Donation, Force Account Labor and REET to fund the estimated $1.3M project. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to authorize the Mayor to enter into the Agreement with the State of Washington Department of Commerce Grant for the Warren Avenue Park and Playfield Renovation Project; and to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 Grant to City of Bremerton through The Local and Community Projects Program For Warren Avenue Playfield Start date: July 1, 2019 Washington State Department of Commerce www.commerce.wa.gov TABLE OF CONTENTS FACE SHEET ................................................................................................................................................ 2 DECLARATIONS .......................................................................................................................................... 4 SPECIAL TERMS AND CONDITIONS ......................................................................................................... 6 1. GRANT MANAGEMENT ................................................................................................................... 6 2. COMPENSATION ............................................................................................................................. 6 3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES ......................................................... 6 4. PREVAILING WAGE LAW ................................................................................................................ 7 5. DOCUMENTATION AND SECURITY .............................................................................................. 7 6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL PROPERTY PERFORMANCE MEASURES ............................................................................................ 7 7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT .................................................................... 7 8. BILLING PROCEDURES AND PAYMENT ....................................................................................... 8 9. SUBCONTRACTOR DATA COLLECTION ....................................................................................... 9 10. CERTIFIED PROJECT COMPLETION REPORT AND FINAL PAYMENT ...................................... 9 11. INSURANCE ..................................................................................................................................... 9 12. ORDER OF PRECEDENCE ........................................................................................................... 11 13. REDUCTION IN FUNDS ................................................................................................................. 11 14. OWNERSHIP OF PROJECT/CAPITAL FACILITIES ...................................................................... 11 15. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY ............................. 11 16. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE ............................. 12 17. SIGNAGE, MARKERS AND PUBLICATIONS ................................................................................ 12 18. HISTORICAL AND CULTURAL ARTIFACTS ................................................................................. 12 19. REAPPROPRIATION ...................................................................................................................... 13 20. TERMINATION FOR FRAUD OR MISREPRESENTATION .......................................................... 13 GENERAL TERMS AND CONDITIONS ..................................................................................................... 14 21. DEFINITIONS.................................................................................................................................. 14 22. ACCESS TO DATA ......................................................................................................................... 14 23. ADVANCE PAYMENTS PROHIBITED ........................................................................................... 14 24. ALL WRITINGS CONTAINED HEREIN .......................................................................................... 14 25. AMENDMENTS ............................................................................................................................... 14 26. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO ................................................................................ 15 27. ASSIGNMENT................................................................................................................................. 15 28. ....................................................................................................................... 15 29. AUDIT .............................................................................................................................................. 15 30. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION .......................................................... 16 31. CONFLICT OF INTEREST ............................................................................................................. 16 32. COPYRIGHT PROVISIONS ........................................................................................................... 17 33. DISPUTES ...................................................................................................................................... 17 34. DUPLICATE PAYMENT .................................................................................................................. 18 i 35. GOVERNING LAW AND VENUE ................................................................................................... 18 36. INDEMNIFICATION ........................................................................................................................ 18 37. INDEPENDENT CAPACITY OF THE GRANTEE ........................................................................... 18 38. INDUSTRIAL INSURANCE COVERAGE ....................................................................................... 18 39. LAWS .............................................................................................................................................. 18 40. LICENSING, ACCREDITATION AND REGISTRATION................................................................. 18 41. LIMITATION OF AUTHORITY ........................................................................................................ 19 42. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS ............................................................ 19 43. PAY EQUITY ................................................................................................................................... 19 44. POLITICAL ACTIVITIES ................................................................................................................. 19 45. PUBLICITY ...................................................................................................................................... 19 46. RECAPTURE .................................................................................................................................. 19 47. RECORDS MAINTENANCE ........................................................................................................... 20 48. REGISTRATION WITH DEPARTMENT OF REVENUE................................................................. 20 49. RIGHT OF INSPECTION ................................................................................................................ 20 50. SAVINGS ........................................................................................................................................ 20 51. SEVERABILITY ............................................................................................................................... 20 52. SITE SECURITY ............................................................................................................................. 20 53. SUBGRANTING/SUBCONTRACTING ........................................................................................... 20 54. SURVIVAL ....................................................................................................................................... 21 55. TAXES ............................................................................................................................................. 21 56. TERMINATION FOR CAUSE ......................................................................................................... 21 57. TERMINATION FOR CONVENIENCE ........................................................................................... 21 58. TERMINATION PROCEDURES ..................................................................................................... 21 59. TREATMENT OF ASSETS ............................................................................................................. 22 60. WAIVER .......................................................................................................................................... 22 ATTACHMENT A - SCOPE OF WORK ...................................................................................................... 24 ATTACHMENT B - CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT.................................................................................................................................................... 26 ATTACHMENT C- CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES .................................................................................................................................................................... 28 ATTACHMENT D - CERTIFICATION OF INTENT TO ENTER THELEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS .......................................................... 30 ii FACE SHEET Grant Number: 20-96627-280 Project Name: Warren Avenue Playfield Washington State Department of Commerce Local Government Division Community Assistance and Research Unit 1. GRANTEE 2. GRANTEE Doing Business As (optional) City of Bremerton N/A 345 6th Street, Suite 100 Bremerton, WA 98337 3. GRANTEE Representative 4. COMMERCE Representative Colette Berna Manager Park Preservation & Development Manager PO Box 42525, Olympia, WA 98504 (360) 473-5429 (360) 810-0185 Colette.Berna@ci.bremerton.wa.us Karma.ShannonLawson@commerce.wa.gov 5. Grant Amount 6. Funding Source 7. Start Date 8. End Date $201,880.00 Federal: State:X Other: N/A: July 1, 2019 June 30, 2023 (subject to reappropriation) 9. Federal Funds (as applicable) Federal Agency CFDA Number N/A N/A N/A 10. Tax ID # 11. SWV # 12. UBI # 13. DUNS # XXXXXXXXXXXXXX 181007710 556846970 SWV0000221-00 14. Grant Purpose The outcome of this performance-based Grant Agreement is to undertake a legislatively approved project that furthers the goals and objectives of Washington State Direct Appropriations Program as referenced in Attachment A Scope of Work. COMMERCE, defined as the Washington State Department of Commerce, and the GRANTEE, as defined above, acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by reference: Grant Terms and Conditions including Attachment Certification of Availa Certification of Intent to Enter LEED Process. FOR GRANTEE FOR COMMERCE Signature Mark K. Barkley, Assistant Director Local Government Division Print Name Date Title APPROVED AS TO FORM Date Luke Eaton, Assistant Attorney General 8/13/2019 Date 1 2 DECLARATIONS GRANTEE INFORMATION City of Bremerton GRANTEE Name: Grant Number: 20-96627-280 State Wide Vendor Number: SWV0000221-00 PROJECT INFORMATION Project Name: Warren Avenue Playfield Project City: Bremerton Project State: Washington Project Zip Code: 98337 GRANT AGREEMENT INFORMATION $201,880.00 Grant Amount: Appropriation Number: SHB 1102 SL Section 1042 (2019 Regular Session) Re-appropriation Number (if applicable): N/A Grant End Date: June 30, 2023 (subject to reappropriation) Biennium: 2019-2021 Biennium Close Date: June 30, 2021 Earliest Date for Construction Reimbursement: July 1, 2016 ADDITIONAL SPECIAL TERMS AND CONDITIONS GOVERNING THIS AGREEMENT N/A 3 4 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS THIS GRANT AGREEMENT, entered into by and between the GRANTEE and COMMERCE, as defined on the Face Sheet of this Grant Agreement, WITNESSES THAT: WHEREAS, COMMERCE has the statutory authority under RCW 43.330.050 (5) to cooperate with and provide assistance to local governments, businesses, and community-based organizations; and WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs which are assigned to COMMERCE by the Governor or the Washington State Legislature; and WHEREAS, the Washington State Legislature has made an appropriation to support the Local and Community Projects Program, and directed COMMERCE to administer those funds; and WHEREAS, the enabling legislation also stipulates that the GRANTEE is eligible to receive funding for design, acquisition, construction, or rehabilitation (a venture hereinafter referred to as NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter contained, the parties hereto agree as follows: 1. GRANT MANAGEMENT The 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 Grant. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Grant. The Representative for the GRANTEE and their contact information are identified on the Face Sheet of this Grant. 2. COMPENSATION COMMERCE shall pay an amount not to exceed the awarded Grant Amount as shown on the Face Sheet of this Grant Agreement, for the capital costs necessary for or incidental to the performance of work as set forth in the Scope of Work. 3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES A. The release of state funds under this Grant Agreement is contingent upon the GRANTEE certifying that it has expended or has access to funds from non-state sources as set forth in ATTACHMENT B (CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT), hereof. Such non-state sources may consist of a combination of any of the following: i) Eligible Project expenditures prior to the execution of this Grant Agreement. ii) Cash dedicated to the Project. iii) Funds available through a letter of credit or other binding loan commitment(s). iv) Pledges from foundations or corporations. v) Pledges from individual donors. vi) The value of real property when acquired solely for the purposes of this Project, as established and evidenced by a current market value appraisal performed by a licensed, professional real estate appraiser, or a current property tax statement. COMMERCE will not consider appraisals for prospective values of such property for the purposes of calculating the amount of non-state matching fund credit. vii) In- 5 B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has expended funds from such non-state sources, and shall make such records available for COMM 4. PREVAILING WAGE LAW The Project funded under this Grant may be subject to state prevailing wage law (Chapter 39.12 RCW). The GRANTEE is advised to consult the Industrial Statistician at the Washington Department of Labor and Industries to determine whether prevailing wages must be paid. COMMERCE is not responsible for determining whether prevailing wage applies to this Project or for any prevailing wage payments that may be required by law. 5. DOCUMENTATION AND SECURITY The provisions of this section shall apply to capital projects performed by nonprofit organizations that involve the expenditure of over $500,000 in state funds. Projects for which the grant award or legislative intent documents specify that the state funding is to be used for design only are exempt from this section. A. Deed of Trust. This Grant shall be evidenced by a promissory note and secured by a deed of trust or othe Deed of Trust shall be recorded in the County where the Project is located, and the original returned to COMMERCE after recordation within ninety (90) days of Grant Agreement execution. The Deed of Trust must be recorded before COMMERCE will reimburse the GRANTEE for any Project costs. The amount secured by the Deed of Trust shall be the amount of the Grant as set forth on the Face Sheet, hereof. B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a period of ten (10) years following the final payment of state funds to the GRANTEE under this grant. Upon satisfaction of the ten-year term requirement and all other grant terms and conditions, COMMERCE shall, upon written request of the GRANTEE, take appropriate action to reconvey the Deed of Trust. C. Title Insurance. insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of the grant. D. Subordination. COMMERCE may agree to subordinate its deed of trust upon request from a private or public lender. Any such request shall be submitted to COMMERCE in writing, and COMMERCE shall respond to the request in writing within thirty (30) days of receiving the request. 6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL PROPERTY PERFORMANCE MEASURES When the grant is used to fund the acquisition of real property, the value of the real property eligible for reimbursement under this grant shall be established as follows: A. GRANTEE purchases of real property from an independent third-party seller shall be evidenced by a current appraisal prepared by a licensed Washington State commercial real estate appraiser, or a current property tax statement. B. GRANTEE purchases of real property from a subsidiary organization, such as an affiliated LLC, shall be evidenced by a current appraisal prepared by a licensed Washington State commercial real estate appraiser or the prior purchase price of the property plus holding costs, whichever is less. 7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT Payments to the Grantee shall be made on a reimbursement basis only. Costs incurred on or after the EARLIEST DATE FOR CONSTRUCTION REIMBURSEMENT as shown on the Declarations page are eligible for reimbursement under this Grant Agreement. The GRANTEE may be reimbursed for the following eligible costs related to the activities identified in the SCOPE OF WORK shown on Attachment A. 6 A. Real property, and costs directly associated with such purchase, when purchased or acquired solely for the purposes of the Project; B. Design, engineering, architectural, and planning; C. Construction management and observation (from external sources only); D. Construction costs including, but not limited to, the following: Site preparation and improvements; Permits and fees; Labor and materials; Taxes on Project goods and services; Capitalized equipment; Information technology infrastructure; and Landscaping. E. Other costs authorized through the legislation 8. BILLING PROCEDURES AND PAYMENT COMMERCE shall reimburse the GRANTEE for eligible Project expenditures, up to the maximum payable under this Grant Agreement. When requesting reimbursement for expenditures made, the GRANTEE shall submit to COMMERCE a signed and completed Invoice Voucher (Form A-19), that documents capitalized Project activity performed for the billing period. The GRANTEE can submit all Invoice Vouc Management System (CMS), which is available through the Secure Access Washington (SAW) portal. The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice received from vendors providing Project goods or services covered by the Grant Agreement. The GRANTEE shall also provide COMMERCE with a copy of the cancelled check or electronic funds transfer, as applicable, that confirms that they have paid each expenditure being claimed. The cancelled checks or electronic funds transfers may be submitted to COMMERCE at the time the voucher is initially submitted, or within thirty (30) days thereafter. The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the GRANTEE. The final voucher shall be submitted to COMMERCE within sixty (60) days following the completion of work or other termination of this Grant Agreement, or within fifteen (15) days following the end of the state biennium unless Grant Agreement funds are reappropriated by the Legislature in accordance with Section 19, hereof. Each request for payment must be accompanied by a Project Status Report, which describes, in narrative form, the progress made on the Project since the last invoice was submitted, as well as a report of Project status to date. COMMERCE will not release payment for any reimbursement request received unless and until the Project Status Report is received. After approving the Invoice Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE. COMMERCE will pay GRANTEE upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly. 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 GRANTEE. COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the GRANTEE for services rendered if the GRANTEE fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. 7 Duplication of Billed Costs The GRANTEE shall not bill COMMERCE for services performed under this Grant Agreement, and COMMERCE shall not pay the GRANTEE, if the GRANTEE is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subgrantees. 9. SUBCONTRACTOR DATA COLLECTION GRANTEE will submit reports, in a form and format to be provided by COMMERCE and at intervals as agreed by the parties, regarding work under this Grant performed by subcontractors and the portion of Grant funds expended for work performed by subcontractors, including but not necessarily limited to minority-owned, woman-owned, and veteran-owned business subcontractors. 10. CERTIFIED PROJECT COMPLETION REPORT AND FINAL PAYMENT The GRANTEE shall complete a Certified Project Completion Report when activities identified in the SCOPE OF WORK shown on Attachment A are complete. The GRANTEE shall provide the following information to COMMERCE: A. A certified statement that the Project, as described in the SCOPE OF WORK shown on Attachment A, is complete and, if applicable, meets required standards. B. A certified statement of the actual dollar amounts spent, from all funding sources, in completing the project as described in the SCOPE OF WORK shown on Attachment A. C. Certification that all costs associated with the Project have been incurred and accounted for. Costs are incurred when goods and services are received and/or Grant work is performed. D. A final voucher for the remaining eligible funds, including any required documentation. The GRANTEE will submit the Certified Project Completion Report together with the last Invoice Voucher for a sum not to exceed the balance of the Grant Amount. 11. INSURANCE The GRANTEE shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the state of Washington should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the GRANTEE, or Subgrantee, or agents of either, while performing under the terms of this Grant. 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 shall be primary to any other valid and collectable insurance. The GRANTEE shall instruct the insurers to give COMMERCE thirty (30) calendar days advance notice of any insurance cancellation or modification. The GRANTEE shall submit to COMMERCE within fifteen (15) calendar days of the Grant start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Grant, the GRANTEE shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. The GRANTEE shall provide insurance coverage that shall be maintained in full force and effect during the term of this Grant, 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 Grant activity but no less than $1,000,000 per occurrence. 8 Additionally, the GRANTEE is responsible for ensuring that any Subgrantee/subcontractor provide adequate insurance coverage for the activities arising out of subgrants/subcontracts. Automobile Liability. In the event that performance pursuant to this Grant involves the use of vehicles, owned or operated by the GRANTEE or its Subgrantee/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 GRANTEE shall maintain Professional Liability or Errors and Omissions Insurance. The GRANTEE shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the GRANTEE and licensed staff employed or under contract to the GRANTEE. The state of Washington, its agents, officers, 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 GRANTEE 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 Grant shall be $2,000,000 or the highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary. B. Subgrantees/subcontractors that receive $10,000 or more per year in funding through this Grant shall secure fidelity insurance as noted above. Fidelity insurance secured by Subgrantees/subcontractors pursuant to this paragraph shall name the GRANTEE and the C. The 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 will be provided thirty (30) days advance written notice of cancellation. GRANTEES and Local Governments that Participate in a Self-Insurance Program. Self-Insured/Liability Pool or Self-Insured Risk Management Program With prior approval from COMMERCE, the GRANTEE 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 GRANTEE 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 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. GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self insurance, evidencing continued coverage -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. 9 12. ORDER OF PRECEDENCE In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence in the following order: Applicable federal and state of Washington statutes and regulations Declarations page of this Grant Agreement Special Terms and Conditions General Terms and Conditions Attachment A Scope of Work Attachment B Certification of the Availability of Funds to Complete the Project Attachment C Certification of the Payment and Reporting of Prevailing Wages Attachment D Certification of Intent to Enter the Leadership in Energy and Environmental Design (LEED) Certification Process 13. REDUCTION IN FUNDS In the event state funds appropriated for the work contemplated under this Grant Agreement are withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature during the Grant Agreement period, the parties hereto shall be bound by any such revised funding limitations as implemented at the discretion of COMMERCE, and shall meet and renegotiate the Grant Agreement accordingly. 14. OWNERSHIP OF PROJECT/CAPITAL FACILITIES COMMERCE makes no claim to any real property improved or constructed with funds awarded under this Grant Agreement and does not assert and will not acquire any ownership interest in or title to the capital facilities and/or equipment constructed or purchased with state funds under this Grant Agreement; provided, however, that COMMERCE may be granted a security interest in real property, to secure funds awarded under this Grant Agreement. This provision does not extend to claims that COMMERCE may bring against the GRANTEE in recapturing funds expended in violation of this Grant Agreement. 15. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY A. The GRANTEE understands and agrees that any and all real property or facilities owned by the GRANTEE that are acquired, constructed, or otherwise improved by the GRANTEE using state funds under this Grant Agreement, shall be held and used by the GRANTEE for the purpose or purposes stated elsewhere in this Grant Agreement for a period of at least ten (10) years from the date the final payment is made hereunder. B. This provision shall not be construed to prohibit the GRANTEE from selling any property or properties described in this section; Provided, that any such sale shall be subject to prior review and approval by COMMERCE, and that all proceeds from such sale shall be applied to the purchase price of a different facility or facilities of equal or greater value than the original facility and that any such new facility or facilities will be used for the purpose or purposes stated elsewhere in this Grant Agreement. C. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall repay to the state general fund the principal amount of the grant as stated on the Face Sheet, hereof, plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the effective date of the legislation in which the subject facility was authorized. Repayment shall be made pursuant to Section 46 (Recapture provision). 10 16. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE A. The GRANTEE understands and agrees that any facility leased by the GRANTEE that is constructed, renovated, or otherwise improved using state funds under this Grant Agreement shall be used by the GRANTEE for the purpose or purposes stated elsewhere in this Grant Agreement for a period of at least ten (10) years from the date the final payment is made hereunder. B. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall repay to the state general fund the principal amount of the grant as stated on the Face Sheet, hereof, plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the effective date of the legislation in which the subject facility was authorized. Repayment shall be made pursuant to Section 46 (Recapture Provision). 17. SIGNAGE, MARKERS AND PUBLICATIONS If, during the period covered by this Grant Agreement, the GRANTEE displays or circulates any communication, publication, or donor recognition identifying the financial participants in the Project, participant. 18. HISTORICAL AND CULTURAL ARTIFACTS Prior to approval and disbursement of any funds awarded under this Grant Agreement, GRANTEE -05, where applicable, or GRANTEE shall complete a review under Section 106 of the National Historic Preservation Act, if applicable. GRANTEE agrees that the GRANTEE is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural resources and agrees to hold harmless COMMERCE and the state of Washington in relation to any claim related to such historical or cultural resources discovered, disturbed, or damaged as a result of the project funded by this Grant Agreement. In addition to the requirements set forth in this Grant Agreement, GRANTEE shall, in accordance with -05, coordinate with COMMERCE and the Washington State including any recommended consultation with any affected tribe(s), during Project design and prior to construction to determine the existence of any tribal cultural resources affected by the Project. GRANTEE agrees to avoid, minimize, or mitigate impacts to the cultural resource as a continuing prerequisite to receipt of funds under this Grant Agreement. The GRANTEE agrees that, unless the GRANTEE is proceeding under an approved historical and cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are discovered during construction, the GRANTEE shall immediately stop construction and notify the local historical preservation officer and the state's historical preservation officer at DAHP, and the COMMERCE Representative identified on the Face Sheet. If human remains are uncovered, the GRANTEE shall report the presence and location of the remains to the coroner and local enforcement immediately, then contact DAHP and the concerned tribe's cultural staff or committee. The GRANTEE shall require this provision to be contained in all subcontracts for work or services related to the Scope of Work attached hereto. In addition to the requirements set forth in this Grant Agreement, GRANTEE agrees to comply with RCW 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and WAC 25-48 regarding Archaeological Excavation and Removal Permits. Completion of the requirements of Section 106 of the National Historic Preservation Act shall -05. 11 In the event that the GRANTEE finds it necessary to amend the Scope of Work the GRANTEE may be required to re-comply with Governor's Executive Order 05-05 or Section 106 of the National Historic Preservation Act. 19. REAPPROPRIATION A. The parties hereto understand and agree that any state funds not expended by the BIENNIUM CLOSE DATE listed on the Declarations page will lapse on that date unless specifically reappropriated by the Washington State Legislature. If funds are so reappropriated, the state's obligation under the terms of this Grant Agreement shall be contingent upon the terms of such reappropriation. B. In the event any funds awarded under this Grant Agreement are reappropriated for use in a future biennium, COMMERCE reserves the right to assign a reasonable share of any such reappropriation for administrative costs. 20. TERMINATION FOR FRAUD OR MISREPRESENTATION In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the Grant application or during the performance of this Grant Agreement, COMMERCE reserves the right to terminate or amend this Grant Agreement accordingly, including the right to recapture all funds disbursed to the GRANTEE under the Grant. 12 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 21. DEFINITIONS As used throughout this Grant, the following terms shall have the meaning set forth below: A. B. C. "GRANTEE" shall mean the entity identified on the Face Sheet performing service(s) under this Grant, and shall include all employees and agents of the GRANTEE. D. s, 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. F. "Subgrantee/subcontractor" shall mean one not in the employment of the GRANTEE, who is performing all or part of those services under this Grant under a separate Grant with the G. ean a non-federal entity that expends federal awards received from a pass- through entity to carry out a federal program, but does not include an individual that is a beneficiary of such a program. It also excludes vendors that receive federal funds in exchange for goods and/or services in the course of normal trade or commerce. H. COMMERCE; provides services under the grant only to those beneficiaries individually determined to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit basis with contractual penalties if the entity fails to meet program performance standards. I. COMMERCE and the GRANTEE, including any Attachments, Exhibits, documents, or materials incorporated by reference. 22. ACCESS TO DATA In compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State Auditor at no additional cost. This includes access to all information that supports the findings, the methodology for those models. 23. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Grant shall be made by COMMERCE. 24. ALL WRITINGS CONTAINED HEREIN This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. 25. AMENDMENTS This Grant 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. 13 26. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO The GRANTEE 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. 27. ASSIGNMENT Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the GRANTEE without prior written consent of COMMERCE. 28. Unless expressly permitted under another provision of the Grant, in the event of litigation or other 29. AUDIT A. General Requirements COMMERCE reserves the right to require an audit. If required, GRANTEEs are to procure audit services based on the following guidelines. The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall ensure that subgrantees also maintain auditable records. The GRANTEE is responsible for any audit exceptions incurred by its own organization or that of its subgrantees. COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from the audit. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The GRANTEE must respond to COMMERCE requests for information or corrective action concerning audit issues within thirty (30) days of the date of request. B. State Funds Requirements In the event an audit is required, if the GRANTEE 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 GRANTEE. The GRANTEE shall include the above audit requirements in any subcontracts. C. Documentation Requirements The GRANTEE must send a copy of the audit report described above no later than nine (9) comacctoffice@commerce.wa.gov or a hard copy to: Department of Commerce ATTN: Accounting Services 1011 Plum Street SE PO Box 42525 Olympia WA 98504-2525 In addition to sending a copy of the audit, when applicable, the GRANTEE must include: Corrective action plan for audit findings within three (3) months of the audit being received by COMMERCE. Copy of the Management Letter. If the GRANTEE is required to obtain a Single Audit consistent with Circular A-133 requirements, a copy must be provided to COMMERCE; no other report is required. 14 30. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. 1. COMMERCE; 2. and 3. All personal information in the possession of the GRANTEE that may not be disclosed under ent services, Portability and Accountability Act of 1996 (HIPAA). B. The GRANTEE shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The GRANTEE shall use Confidential Information solely for the purposes of this Grant and shall 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 GRANTEE 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 GRANTEE shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Grant whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The GRANTEE shall make the changes within the time period specified by COMMERCE. Upon request, the GRANTEE shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the GRANTEE against unauthorized disclosure. C. Unauthorized Use or Disclosure. The GRANTEE 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. 31. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE may, in its sole discretion, by written notice to the GRANTEE terminate this Grant Agreement if it is found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the GRANTEE in the procurement of, or performance under this Grant Agreement. Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. The GRANTEE and their subcontractor(s) must identify any person employed in any capacity by the state of Washington that worked on this Grant, or any matter related to the project funded under this Grant or any other state funded project, including but not limited to formulating or drafting legislation, participating in grant procurement, planning and execution, awarding grants, or monitoring grants, during the 24 month period preceding the start date of this Grant. Identify the individual by name, the agency previously or currently employed by, job title or position held, and separation date. If it is determined by COMMERCE that a conflict of interest exists, the GRANTEE may be disqualified from further consideration for the award of a Grant. In the event this Grant Agreement is terminated as provided above, COMMERCE shall be entitled to pursue the same remedies against the GRANTEE as it could pursue in the event of a breach of the Grant Agreement by the GRANTEE. The rights and remedies of COMMERCE provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which COMMERCE makes any determination under this clause shall be 15 32. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Grant shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall GRANTEE hereby irrevocably assigns all right, title, and 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. l items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, atent, register and the ability to transfer these rights. For Materials that are delivered under the Grant, but that incorporate pre-existing materials not produced under the Grant, the GRANTEE 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 GRANTEE warrants and represents that the GRANTEE has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Grant, 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 Grant. The GRANTEE shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the GRANTEE with respect to any Materials delivered under this Grant. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the GRANTEE. 33. DISPUTES Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of 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 GRANTEE's name, address, and Grant number; and ) Grant Representative within three (3) working days after the parties agree that they cannot resolve the dispute. thin 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. dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 16 34. DUPLICATE PAYMENT COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of Washington or any other party under any other Grant, subgrant/subcontract, or agreement, for the same services or expenses. 35. GOVERNING LAW AND VENUE This Grant 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. 36. INDEMNIFICATION To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless the state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of loss, claim, for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property including loss of use resulting therefrom. ligation to indemnify, defend, and hold harmless includes any claim by GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. The GRANTEE 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. 37. INDEPENDENT CAPACITY OF THE GRANTEE The parties intend that an independent contractor relationship will be created by this Grant. The GRANTEE and its employees or agents performing under this Grant Agreement are not employees or agents of the state of Washington or COMMERCE. The GRANTEE 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 GRANTEE 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 GRANTEE. 38. INDUSTRIAL INSURANCE COVERAGE The GRANTEE shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the GRANTEE 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 GRANTEE the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE by COMMERCE under this Grant Agreement, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision do rights to collect from the GRANTEE. 39. LAWS The GRANTEE shall comply with all applicable laws, ordinances, codes, regulations and policies of local and state and federal governments, as now or hereafter amended. 40. LICENSING, ACCREDITATION AND REGISTRATION The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Grant Agreement. 17 41. LIMITATION OF AUTHORITY Only 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 Grant Agreement. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this Grant Agreement is not effective or binding unless made in writing and signed by the Authorized Representative. 42. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Grant, the GRANTEE shall comply with all federal, state, and local -compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded, canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further Grants with COMMERCE. The GRANTEE shall, however, be given a reasonable time in which to cure this noncompliance set forth herein. 43. PAY EQUITY compensated as equals, consistent with the following: a. performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed; b. GRANTEE may allow differentials in compensation for its workers if the differentials are based in good faith and on any of the following: (i) A seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job-related factor or factors; or a bona fide regional difference in compensation levels. (ii) A bona fide job-related factor or factors may include, but not be limited to, education, training, or experience that is: Consistent with business necessity; not based on or derived from a gender-based differential; and accounts for the entire differential. (iii) A bona fide regional difference in compensation level must be: Consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential. This Grant Agreement may be terminated by COMMERCE, if COMMERCE or the Department of Enterprise services determines that the GRANTEE is not in compliance with this provision. 44. POLITICAL ACTIVITIES Political activity of GRANTEE employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17a 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. 45. PUBLICITY The GRANTEE agrees not to publish or use any advertising or publicity materials in which the state of inferred or implied, without the prior written consent of COMMERCE. 46. RECAPTURE In the event that the GRANTEE fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of this Grant, 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. 18 Repayment by the GRANTEE 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 Grant. 47. RECORDS MAINTENANCE The GRANTEE shall maintain books, records, documents, data and other evidence relating to this Grant and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grant. GRANTEE shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Grant, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 48. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the GRANTEE shall complete registration with the Washington State Department of Revenue. 49. RIGHT OF INSPECTION The GRANTEE shall provide right of access to its facilities to COMMERCE, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Grant. 50. 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 Grant and prior to normal completion, COMMERCE may terminate the Grant under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations and conditions. 51. SEVERABILITY The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Grant. 52. SITE SECURITY While on COMMERCE premises, GRANTEE, its agents, employees, or subcontractors shall conform in all respects with physical, fire or other security policies or regulations. 53. SUBGRANTING/SUBCONTRACTING Neither the GRANTEE nor any subgrantee/subcontractor shall enter into subgrants/subcontracts for any of the work contemplated under this Grant Agreement without obtaining prior written approval of COMMERCE. In no event shall the existence of the subgrant/subcontract operate to release or reduce duties. This clause does not include Grants of employment between the GRANTEE and personnel assigned to work under this Grant. 19 Additionally, the GRANTEE is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this agreement are carried forward to any subgrants/subcontracts. GRANTEE and its subgrantees/subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of COMMERCE or as provided by law. 54. SURVIVAL The terms, conditions, and warranties contained in this Grant that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Grant shall so survive. 55. TAXES income or gross receipts, any other taxes, insurance or expenses for the GRANTEE or its staff shall be the sole responsibility of the GRANTEE. 56. TERMINATION FOR CAUSE In the event COMMERCE determines the GRANTEE has failed to comply with the conditions of this Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before suspending or terminating the Grant, COMMERCE shall notify the GRANTEE in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be terminated or suspended. In the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Grant and the replacement or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or prohibit the GRANTEE from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the GRANTEE or a decision by if it is determined that the GRANTEE: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition to any other rights and remedies, provided by law. 57. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this Grant for services rendered or goods delivered prior to the effective date of termination. 58. TERMINATION PROCEDURES Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant, may require the GRANTEE to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this Grant as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the AUTHORIZED REPRESENTATIVE shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this 20 Grant. COMMERCE may withhold from any amounts due the GRANTEE such sum as the AUTHORIZED REPRESENTATIVE determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Grant Agreement. After receipt of a notice of termination, and except as otherwise directed by the AUTHORIZED REPRESENTATIVE, the GRANTEE shall: 1. Stop work under the Grant on the date, and to the extent specified, in the notice; 2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Grant that is not terminated; 3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the AUTHORIZED REPRESENTATIVE, all of the rights, title, and interest of the GRANTEE under the orders and subgrants/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 subgrants/subcontracts; 4. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the AUTHORIZED REPRESENTATIVE to the extent AUTHORIZED REPRESENTATIVE may require, which approval or ratification shall be final for all the purposes of this clause; 5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the AUTHORIZED REPRESENTATIVE any property which, if the Grant had been completed, would have been required to be furnished to COMMERCE; 6. Complete performance of such part of the work as shall not have been terminated by the AUTHORIZED REPRESENTATIVE; and 7. Take such action as may be necessary, or as the AUTHORIZED REPRESENTATIVE may direct, for the protection and preservation of the property related to this Grant, which is in the possession of the GRANTEE and in which COMMERCE has or may acquire an interest. 59. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the GRANTEE, for the cost of which the GRANTEE is entitled to be reimbursed as a direct item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by the GRANTEE. Title to other property, the cost of which is reimbursable to the GRANTEE under this Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this Grant, or (ii) commencement of use of such property in the performance of this Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the GRANTEE shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this Grant. B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the GRANTEE or which results from the failure on the part of the GRANTEE to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this Grant All reference to the GRANTEE under this clause shall also include GRANTEE'S employees, agents or subgrantees/subcontractors. 60. 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 Grant unless stated to be such in writing and signed by Authorized Representative of COMMERCE. 21 22 ATTACHMENT A - SCOPE OF WORK Funds awarded under this grant will be used for capital expenditures related to the renovation of Warren Avenue Playfield, located at 1017 Warren Avenue, Bremerton, WA. Construction will include and not be limited to: Replacement of 8 failing wood light poles with 4 metal poles Installation of new energy-efficient LED sports field lighting Infrastructure including underground utilities, removal of wood light poles, and sidewalks at the park entry Develop ADA accessible pathways throughout the park Paved parking lot with accessible sidewalks This project began in summer, 2019 and is expected to be complete by December, 2020. General Terms and Conditions, are not intended to apply to any architectural and engineering design work funded by this grant. CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and ______________________________________ GRANTEE ______________________________________ TITLE _____________________________________ DATE 23 24 ATTACHMENT B - CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT Type of Funding Source Description Amount Grant Washington State Department of Commerce $201,880.00 Other Grants Grant #1 RCO $850,000.00 Grant #2 Bremerton Parks Foundation $6,500.00 Total Other Grants $856,500.00 Other Loans Loan #1 $ Loan #2 $ Total Loans $0.00 Other Local Revenue Source #1 $ Total Local Revenue $0.00 Other Funds Source #1 City of Bremerton $82,000.00 Source #2 Donations $25,000.00 Total Other Funds $107,000.00 Total Project Funding $1,165,380.00 CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that project funding from sources other than those provided by this Grant Agreement and identified above has been governing body or board of directors, as applicable, and has either been expended for eligible Project expenses, or is committed in writing and available and will remain committed and available solely and specifically for carrying out the purposes of this Project as described in elsewhere in this Grant Agreement, as of the date and year written below. The GRANTEE shall maintain records sufficient to evidence that it has expended or has access to the funds needed to complete the Project, and shall make ______________________________________ GRANTEE ______________________________________ TITLE _____________________________________ DATE 25 26 ATTACHMENT C- CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that all contractors and subcontractors performing work on the Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as applicable to the CW 39.12.040. The GRANTEE shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such If any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing Wages must be paid. The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and ______________________________________ GRANTEE ______________________________________ TITLE _____________________________________ DATE 27 28 ATTACHMENT D - CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that it will enter into the Leadership in Energy and Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project funded by this Grant Agreement. The GRANTEE shall, upon receipt of LEED certification by the United States Green Building Council, provide documentation of such certification to COMMERCE. The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and written below. EXEMPT: DO NOT SIGN ______________________________________ GRANTEE ______________________________________ TITLE _____________________________________ DATE 29 Features Parking Lighting Backstop Connecting Accessible Playfield Relocated LED Paved Pathway WarrenAve. & Lawn Area Street Viewscape Open th 10 Backstop w/ Enlargement Plan Lighting Playfield See LED BroadwayAve. Youth w/ Street Wall th Street Paved Plan Retaining th 11 Parking 9 Existing Clubhouse Site Fountain Drinking & Restroom Restroom of Drinking Fountain Example Area Play /ŷźƌķƩĻƓ͸ƭ Area Play Shelter of Signage /ŷźƌķƩĻƓ͸ƭ of Example Shelter Example Interpretive & Enlargement Entry at Entry Donor Bricks Plan AGENDA BILL CITY OF BREMERTON CITY COUNCIL 3A SUBJECT: Study Session Date: N/A Ordinance No. 5396 amending Ordinance COUNCIL MEETING Date: April 1, 2020 No. 5382 relating to Stormwater General Department: PW&U Facility Charges Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: In 2019 the City passed Ordinance No. 5382 which established rates, fees and charges for 2020. The current stormwater General Facility Charge (GFC) is based on a study completed in 2015; best practice would review the fee every 3 to 5 years. Staff have coordinated with FCS Group to update the Stormwater GFC considering the current 6-year Capital Improvement Plan, and current system growth projections. The proposed ordinance amends the Stormwater GFC which was established in Ordinance No. 5382. ATTACHMENTS: 1) Ordinance No. 5396; 2) Exhibit A Utility Rates & Fees; 3) Memorandum from FCS Group FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: Limited Presentation Full Presentation N/A STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5396 amending Ordinance No. 5382 relating to Stormwater General Facility Charges. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 ORDINANCE NO. 5396 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending rates, fees and charges established in Ordinance No. 5382 relating to stormwater general facility charges. WHEREAS, the City Council desires to amend rates and fees established in Exhibit A of Ordinance No. 5382 relating to stormwater general facility charges; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Rate Tables Amended. The section set forth in Exhibit A of General Facilities Charges hereby amended and reestablished by amending the stormwater general facility charges as set forth in the attached Exhibit A of this ordinance, said exhibit is incorporated herein by this reference. SECTION 2. Rate Tables Effective Date. The amendment and reestablishment of rate tables as set forth in Section 1 above shall be effective on the effective date of this ordinance. SECTION 3. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 4. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. Effective 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 ______________, 2020. _________________________________ ERIC YOUNGER, Council President 1 2020 Utilities Rates and Fees Amendment Approved this ________ day of _______________, 2020. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ _________________________________ ANGELA HOOVER, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the ________ day of ______________________, 2020. EFFECTIVE the ________ day of ______________________, 2020. ORDINANCE NO. ________. R:\\Legal\\Legal\\Ordinances\\Public Works & Utilities\\2020 Utility Rates & Fees Ordinance - Amendment.docx 2 2020 Utilities Rates and Fees Amendment Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2020 2020 Inside & Outside City Limits GENERAL FACILITY CHARGES Water based on meter size average normal flow 5/8" x 3/4" $ 6,291.00 1" $ 6,291.00 1" Commercial $ 8,619.00 1 1/2" Commercial $ 50,327.00 2" Commercial $ 50,327.00 3" Commercial $ 125,818.00 4" Commercial $ 251,636.00 Greater than 4" Case by Case basis Wastewater based on meter size average normal flow 5/8" x 3/4" $ 7,342.00 1" $ 7,342.00 1" Commercial $ 9,105.00 1 1/2" Commercial $ 51,398.00 2" Commercial $ 51,398.00 3" Commercial $ 132,167.00 4" Commercial $ 264,332.00 Greater than 4" Case by Case basis Stormwater (per IHSU) $ 3,377.00 $ 1,510.00 |Memorandum To: Thomas Knuckey, City of Bremerton Date: March 27, 2020 From: Chris Gonzalez, Project Manager Angie Sanchez Virnoche, Principal Samuel Ault, Analyst RE 2020 Stormwater General Facilities Charge (GFC) Update The City of Bremerton (City) engaged FCS GROUP to update its stormwater GFC, which is currently based on the recommendations of a study completed in 2015. The following memorandum discusses the methodology, assumptions, findings and resulting recommendations of our study. METHODOLOGY Authorized by Section 35.92.025 of the Revised Code of Washington (RCW), GFCs are based on an equitable share of the cost of existing infrastructure and planned future capital investment in the system. The City imposes GFCs on new development (and redevelopment resulting in a net increase in demand) as a condition of providing utility service. Though a new customer might not physically connect to a stormwater main, they are connected through the network of roads and other facilities that convey and treat runoff. By recovering an equitable share of system costs from development, GFCs promote equity between existing customers and future customers without them, the costs of development would be inequitably borne by existing ratepayers. GFC revenues can be used to fund capital projects or debt service incurred to finance capital projects but should not be used to pay for operating and maintenance costs. Though RCW 35.92.025 requires GFCs to be based on an equitable allocation of system costs to growth, the City has considerable leeway in implementing a legally defensible approach. Figure 1 Figure 1: GFC Methodology Cost of Existing Future Project Costs: Future Project Costs: System Common Benefit Capacity Expansion Existing Capacity Added Capacity Added Capacity Firm Headquarters Locations Page 1 Redmond Town Center Washington | 425.867.1802 th 7525 166 Ave NE, Ste D-215 Oregon | 503.841.6543 Redmond, Washington 98052 Colorado | 719.284.9168 City of Bremerton FCS GROUP Memorandum 2020 Stormwater GFC UpdateMarch 27, 2020 The approach shown in Figure 1 allocates the cost of existing assets and future projects of general system benefit to all customers, recognizing the integrated nature of the system. Costs associated with projects that expand the capacity of the system to accommodate growth are allocated directly to future growth to be served. The key components of the GFC are detailed below. Existing Cost Basis The GFC recovers a proportionate share of the cost of existing assets from growth. The total cost of the existing stormwater system is calculated with the following components: Utility Plant-In-Service: The 2018 fixed asset schedule serves as the primary source of information documenting the existing cost basis, indicating a cumulative investment of $10.1 million in stormwater system assets as of December 31, 2018. Less, Contributed Capital: Of the $10.1 million that the City has booked in infrastructure assets, these assets are excluded from the cost basis to avoid recovering costs from development that the utility did not incur. Less, 10-Year Provision for Capital Retirements: Some of the projects included in the Capital Improvement Plan will replace assets that are currently included in the fixed asset schedule. The provision for capital retirements intends to avoid double charging customers for an asset and its replacement, deducting the estimated cost of the asset being replaced from the existing cost basis. This is an alternative to excluding replacement project costs from the GFC, recognizing that the cost of replacement projects will generally exceed original construction costs. Based on the repair and replacement projects that the City plans to complete between 2019 and 2025, the existing cost basis is reduced by $1.2 million to account for the estimated cost of assets being retired. Plus, Interest on Utility-Funded Assets: An important consideration of the existing cost basis is the time-related cost of investing in system development and carrying capacity until a new customer connects. Conceptually, the interest provision accounts for opportunity costs that current ratepayers incurred by supporting investments in infrastructure rather than having it available for investment or other uses. GFCs can include up to ten years of interest accrual on an asset at the rate applicable during the time of construction (capped at 10% by RCW 35.92.025). the historical Bond Buyer Index for 20-year term bonds, the existing cost basis includes $1.0 million in interest accrued on utility-funded assets. Plus, Construction Work-In-Progress: The cost of construction work in progress (CWIP) as of the beginning of 2018 is included in the existing cost basis to recognize investments that the stormwater utility has made in capital projects that are underway. The CWIP accounts for $864,974 of the existing cost basis although these projects have not yet been booked as assets. Less, Net Debt Principal Outstanding: New customers benefit from a pro rata share of system improvements, but they also suffer a pro rata share of system liabilities. The net liability of outstanding debt is deducted from the existing system cost basis, recognizing that new customers will bear a proportionate share of this debt related to existing assets through their utility rates. Therefore, the cost of those assets charged to new development is offset by the remaining debt liability. Cash resources that could be used to reduce the debt liability are deducted so the net Page 2 City of Bremerton FCS GROUP Memorandum 2020 Stormwater GFC UpdateMarch 27, 2020 debt load is defined as total debt minus outstanding cash and investments. In this case, the into the existing cost basis. The existing cost basis is $6.1 million after factoring in the above considerations. This will be allocated to the total future customer base (existing and incremental future growth), recognizing that existing infrastructure will continue to benefit all customers. The existing cost basis for the stormwater utility is shown below in Figure 2. Figure 2: Existing Cost Basis Existing Cost Components Total Plant-In-Service as of Year-End 2018 10,131,898 less: Contributed Capital (4,722,079) less: Provision for Retirement of Existing Assets (1,181,841) plus: Eligible Interest Accrual 1,028,220 Plus: Construction Work in Progress 864,974 Less: Outstanding Debt Net of Cash Reserves - Existing Cost Basis $6,121,172 Future Cost Basis The future cost basis includes stormwater utility capital projects planned for construction and identified in comprehensive system planning documents. Recognizing that the projected timing and cost of projects becomes progressively more uncertain beyond a six-year planning period, the City has opted to define the future cost basis using its six-year capital improvement plan (CIP). Given that this update was performed before 2019 actual asset additions were available, it includes budgeted 2019 capital project costs in the future cost basis in addition to costs from the 2020 2025 CIP. City staff reviewed each project and allocated it between the following categories: Upgrade and Expansion Projects: Upgrade and expansion projects provide increased capacity needed for growth. The City allocated $7.6 million in project costs to this category, which are allocated only to new growth. Repair and Replacement Projects: These projects replace assets listed in the existing cost basis and provide benefit to both existing and future customers. The City allocated $12.5 million in project costs to this category, which is spread across the total customer base (existing plus incremental future growth). Projects directly funded by developers or other sources external to the stormwater utility are not included in the calculation. Of the $20.1 million in projected capital costs, $1.9 million is attributable to projects that the City anticipates funding through external sources (and are contingent on the City receiving external funding). The above components result in a future cost basis totaling $18.2 million and are further detailed in Figure 3. Page 3 City of Bremerton FCS GROUP Memorandum 2020 Stormwater GFC UpdateMarch 27, 2020 Figure 3: Future Cost Basis Future Cost Components Total 2020 2025 Capital Improvement Plan Upgrade/Expansion Projects $ 7,635,131 Less: External Funding Sources (1,159,750) Repair & Replacement Projects 12,522,352 Less: External Funding Sources (807,750) Future Cost Basis $18,189,982 System Capacity The capacity component of the GFC calculation is separated into two parts: capacity used by existing customers and capacity available for future customers. For the stormwater utility, capacity is expressed in terms of impervious/hard surface units (IHSUs), with Section 15.01.020 (i) defining one IHSU as 2,500 square feet of impervious hard surface area. Existing Capacity: The City connected to the stormwater system. When the IHSUs associated with the Bremerton School District (839 IHSUs) and US Navy (210 IHSUs) are added there are a total of 22,347 IHSUs currently connected to the stormwater system. Future Capacity: City staff provided input on potential growth, factoring in future development in Subarea Plan areas and an annual growth rate of 0.6% in other areas (matching utility rate study projections). City staff estimated that a total of 29,500 IHSUs will be connected to the stormwater system by 2040. The above capacity components are detailed below in Figure 4. Figure 4: Summary of IHSU Forecast IHSU Forecast Total Existing IHSUs (2020) 22,347 Incremental Future IHSUs (through 2040) 7,153 Total Number of IHSUs 29,500 GFC Calculation The GFC methodology sums the existing system costs and future system costs that benefit current and future connections (i.e. repair and replacement projects) and divides them by the total number of IHSUs to determine an average cost per IHSU. The cost of capacity-expanding projects is divided by the projected growth in IHSUs. These components are added together to determine the maximum allowable GFC. summarized in Figure 5. Page 4 City of Bremerton FCS GROUP Memorandum 2020 Stormwater GFC UpdateMarch 27, 2020 Figure 5: GFC Calculation 2020 2015 Stormwater General Facilities Charge Updated Calculation Calculation Existing Cost Component Net Existing Cost Basis $6,121,172 $4,113,118 Allocable Capacity Base: All IHSUs (Existing + Growth) 29,500 28,633 Existing Facilities Charge per IHSU $207 $144 Future Cost Component Repair & Replacement Projects $11,714,602 $1,527,500 Allocable Capacity Base: All IHSUs (existing + growth) 29,500 28,633 Cost per IHSU for Repair & Replacement Projects $397 $53 Net Upgrade/Expansion Projects $6,475,381 $11,377,500 Allocable Capacity Base: Incremental Future IHSUs 7,153 4,069 Cost per Added IHSU for Upgrade/Expansion Projects $905 $2,796 Future Facilities Charge per IHSU $1,302 $2,849 Total GFC per IHSU $1,510 $2,993 Figure 5 indicates an updated GFC per IHSU of $1,510, which represents a decrease of 50% from the charge calculated in the 2015 study ($2,993 per IHSU). Key drivers behind this decrease include: The updated calculation reflects the removal of capital projects that the City no longer plans to complete in the foreseeable future. The largest of these projects, the Schley Canyon Bridge project, had a projected cost of $6,230,000 that was fully attributed to expanding system capacity for growth. This project was driven by the need to address a failing culvert, and at the time the City anticipated having to build a bridge to provide for fish passage however, the City has since been able to work with the Washington Department of Fish and Wildlife and the Suquamish Tribe to identify mitigation projects to allow repair of the failing culvert at a much lower cost. Because the 2015 calculation allocated this cost to 4,069 IHSUs of growth, this one project represented $1,531 (51%) of the calculated charge of $2,993 per IHSU. As part of the current study, City staff developed an updated projection of IHSUs. The current estimate of total system IHSUs, 29,500, is about 3.0% higher than the total IHSU count used in the 2015 analysis. Within this total, the estimated growth in IHSUs increased by 76%. The 2015 study used IHSU growth projections from the 2004 GFC analysis, which assumed an annual growth rate of 2.0% in the number of IHSUs. billing system suggest that the stormwater system has actually grown by only 0.2% per year. The current calculation assumes a more conservative annual growth rate of 0.6% for the currently developed portions of the City, along with separate growth rates for each portion of the City subject to a Subarea Plan. Given that the total number of IHSUs remained relatively consistent with the 2015 study, the decrease in existing IHSUs resulted in an increase to the number of potential future IHSUs. With the increase in future IHSUs, the charge per IHSU for expansion and upgrade projects decreased proportionately. Page 5 City of Bremerton FCS GROUP Memorandum 2020 Stormwater GFC UpdateMarch 27, 2020 It is worth noting that consistent with prior recommendations, the City has adjusted its GFCs annually for inflation. The existing charge of $3,377 per IHSU reflects a cumulative increase of 13% over the charge calculated in 2015. Figure 6 Figure 6: Comparative GFC Survey Jurisdiction Stormwater GFC Bremerton (Existing) $3,377 Puyallup $3,253 Gig Harbor $1,770 Bremerton (Updated) $1,510 Bothell $1,356 Redmond $1,342 Edmonds $799 As shown in Figure 6, adopting the updated stormwater GFC would bring the City closer to other local utilities. With respect to these kinds of comparisons, it is important to note that GFCs are based can vary widely among jurisdictions due to differences in the underlying methodology, costs, funding sources, and frequency of updates. RECOMMENDATIONS We recommend that the City consider adopting the updated stormwater GFC of $1,510 per IHSU, the stormwater system is serving (and will be able to serve in the future). The updated charge is better aligned with ions regarding its capital improvement plan. Using the six-year CIP as the basis for the future cost component of the GFC would be prudent, given the uncertainty in the cost and timing associated with projects beyond that planning horizon. The City should update the GFC calculation periodically, reviewing the list of capital projects and system planning cycle would provide a natural interval for such updates, as the City would already be in the process of assessing its infrastructure and capacity needs. Particularly if the City wishes to continue its practice of indexing its GFC to inflation, it might consider more frequent updates (e.g. every three years) to verify that the charge does not deviate materially from the level justifiable Page 6 Update 2020 Stormwater GFC April 1, 2020 Presenter: Chris Gonzalez, Senior Project Manager City of Bremerton 2 Page share of system costs, as proportionate time charge imposed on development - Should not be used to fund operations To assign future connections their authorized by Section 35.92.025 of the Revised Code of Washington.A oneTypically used to fund capital projects or debt service Introduction to General Facilities Charges PurposeGeneral facilities charges (GFCs) are: 3 Page Future Project Costs The GFC calculation should only include costs funded by the utility. Added Capacity Capacity Expansion Future Project Costs: + Added Capacity Common Benefit Existing System Cost Future Project Costs: + + Existing Capacity Existing System Cost Compute interest accrued on existing assetsDefine the capital improvement programDefine the applicable capacity Key steps: GFC = General Facility Charge Methodology 4 Page at time of avoids double charging fixed asset schedules projects that are underway but not yet booked as assets avoids double charging construction (capped at 10%) projects will replace assets in the asset schedule, Original cost Net liability of outstanding debt; Included; up to 10 years at the rate applicable Included; recognizes Some capital In Existing Cost Basis Existing AssetsPlus: Interest on Existing AssetsPlus: ConstructionProgressLess: Provision for Capital RetirementsLess: Net Debt Principal Outstanding 5 Page funded by other sources than the City total customer base (existing + new); projects exclusively to new connections driven by growth and increasing capacity; spread developers, grants, special assessments upgrade/expansion or repair/replacement system comprehensive planning documents; split between assumed to replace assets listed in existing cost basis Projects directly Projects Spread across From Projects Future Cost Basis Capital ProjectsRepair/Replacements ProjectsUpgrade/ExpansionLess: Outside Funding Sources 6 Page ) defines i 29,500 IHSUs 1,049 IHSUs attributable to School District/U.S. NavyReflects projected population growth rate of 0.6% per yearMore specific growth forecasts in Subarea Plan areas Impervious/hard surface units (IHSUs); BMC 15.01.020 (1 IHSU as 2,500 square feet of impervious area22,347 IHSUs, including:7,153 IHSUs by 204022,347 + 7,153 = System Capacity Unit of CapacityExisting CapacityAdded CapacityTotal Capacity 7 Page $53 $144 4,069 2015 28,63328,633$2,796$2,849 $2,993 $4,113,118 $1,527,500 $11,377,500 Calculation $207$397$905 7,153 29,50029,500$1,302 $1,510 $6,121,172$6,475,381 $11,714,602 Calculation 2020 Updated Summary of GFCs Net Existing Cost BasisRepair & Replacement ProjectsCost per IHSU for Repair & Replacement Projects Net Upgrade/Expansion ProjectsCost per Added IHSU for Upgrade/Expansion Projects Allocable Capacity Base: All IHSUs (Existing + Growth)Allocable Capacity Base: All IHSUs (Existing + Growth)Allocable Capacity Base: Incremental Future IHSUs Stormwater General Facilities Charge Existing Cost Component Existing Facilities Charge per IHSU Future Cost Component Future Facilities Charge per IHSU Total GFC per IHSU Existing IHSUs as of 2020; future improvements expected to serve 20 years of growth (through 2040)Existing charge of $3,377 per IHSU reflects a cumulative inflationary adjustment of 13% 8 Page \[VALUE\] $3,253 $1,770 $1,510 $1,356 $1,342 $799 Bothell Puyallup Edmonds Redmond Gig Harbor Stormwater GFC Comparison Bremerton (Existing) Bremerton (Updated) 9 Page 5 years Reflects updated list of future projects and updated forecast of IHSUsCan continue indexing GFC to inflation between updates Summary of Recommendations Decrease stormwater GFC from $3,377 to $1,510 per IHSUUpdate GFC calculation every 3 1802 - (425) 867 Contact FCS GROUP: Chris Gonzalez chrisg@fcsgroup.com www.fcsgroup.com Senior Project Manager AGENDA BILL CITY OF BREMERTON 3B CITY COUNCIL SUBJECT: Goods and Services Agreement Study Session Date: N/A with Merchant Patrol Security Services, Inc. COUNCIL MEETING Date: April 1, 2020 for Security Services and Patrols Department: PW & Utilities Presenter: Wayne Hamilton Phone: (360) 473-5207 SUMMARY: Requests for proposals were prepared, advertised, distributed and received, pursuant to Public Works bid laws and procedures. The low bidder is Merchant Patrol Security Services, Inc., Olalla, WA. The Department requests approval of the Bid Award for the Goods and Services Agreement to Merchant Patrol Security Services, Inc. for a two (2) year term with an optional two (2) year extension term as specified within the Agreement. ATTACHMENTS: Goods and Services Agreement and Exhibit: Bid Proposal from Merchant Patrol Security Services, Inc. FISCAL IMPACTS (Include Budgeted Amount): Bid Amount is $106,044.36 annually for these services. This amount is included in the 2020 budget. STUDY SESSION AGENDA: Limited Presentation Full Presentation N/A STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to award the Security Services and Patrols Contract to Merchant Patrol Security Services, Inc.; 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 Form Updated 01/07/15 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 3C SUBJECT: Study Session Date: N/A Sole Source Purchase from Granich COUNCIL MEETING Date: April 1, 2020 Engineered Products, Inc. for the Service Department: PW&U/WWTP and Repair of Lift Station WB-3 Pump No. 2 Presenter: Eric J. Burris Phone: (360) 473-5448 SUMMARY: Staff has received a proposal from Granich Engineered Products, Inc. for the overhaul of a Fairbanks-Morse model D5435WD lift station pump for lift station WB-3. The cost for this service will be $27,650 plus Washington state sales tax. ATTACHMENTS: Quote and Sole Source Justification FISCAL IMPACTS (Include Budgeted Amount): Funds are available for the repair through Fund 451. STUDY SESSION AGENDA: Limited Presentation Full Presentation N/A STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Service and Repair of Lift Station WB-3 Pump No. 2 from Granich Engineered Products, Inc. for $27,650 plus Washington state sales tax. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 3D SUBJECT: Study Session Date: N/A Repair of Boiler and Rental of Temporary COUNCIL MEETING Date: April 1, 2020 Boiler from Cole Industrial, Inc. for the Department: PW&U/WWTP Wastewater Treatment Plant Presenter: Eric J. Burris Phone: (360) 473-5448 SUMMARY: Complete proposals were received from only one company qualified for this type of work. This project requires a temporary boiler to be set up to maintain digester temperatures. Only Cole Industrial has portable boilers suitable for our application. The total cost for this project (boiler repair, rental of temporary boiler and trailer rental for temporary boiler transport) will be $98,400 plus Washington state sales tax. ATTACHMENTS: 1) Cole industrial quote for boiler repair; 2) Cole Industrial for boiler rental FISCAL IMPACTS (Include Budgeted Amount): Funds are available for the repairs through Fund 451. STUDY SESSION AGENDA: Limited Presentation Full Presentation N/A STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the repair of the WWTP boiler and rental of temporary boiler from Cole Industrial, Inc. for $98,400 plus Washington State sales tax. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 AGENDA BILL CITY OF 3E BREMERTONCITY COUNCIL SUBJECT: Study Session Date: N/A Contract with Sound Pacific Construction, COUNCIL MEETING Date: April 1, 2020 LLC. for Construction of the Warren Avenue Department: Parks & Recreation Park Improvement Project; and related Presenter: Jeff Elevado Budget Adjustments Phone: (360) 473-5428 SUMMARY: Sealed bids for construction of the Warren Avenue Park Improvement Project were opened on March 3, 2020. Five (5) bids were received. Sound Pacific Construction, LLC was the lowest responsive, responsible bidder with a bid of $928,464.18 (WSST included) for park elements and 38,987.12 for right-of-way and storm water elements for a total contract amount of $967,451.30. ATTACHMENTS: 1) Bid Tabulation; 2) Project Budget Summary; 3) Warren Avenue Park Concept; 4) Contract FISCAL IMPACTS (Include Budgeted Amount): Funding for the project includes: $850,000 from State of Washington RCO grants; $201,880 from Dept. of Commerce grant; $6,500 from Bremerton Parks Foundation grant; $34,500 from a General Fund transfer-in; $412,120 from the General Government Capital Improvement Fund ($75,000 approved by Council in 2019 and $191,317 in unspent REET fund balance from the Manette Park Project); and $38,987 from Storm Water Capital Fund. Total project budget is estimated at $1,543,987. STUDY SESSION AGENDA: Limited Presentation Full Presentation N/A STUDY SESSION ACTION: !Consent Agenda !General Business !Public Hearing RECOMMENDED MOTION: Move to award a contract in the amount of $967,451.30 (WSST included) to Sound Pacific Construction, LLC for construction of the Warren Avenue Park Improvement Project; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented; and further authorize a budget adjustment to transfer $107,303 from the General Government Capital Improvement Fund and increase the 2020 Parks Capital Construction Fund revenue and expenditure budgets per the attached project budget. COUNCIL ACTION: Approve Deny Table Continue No Action , Form Updated 01/02/2018 ATTACHMENT 2 WARREN AVENUE PARK IMPROVEMENT PROJECT REVENUEEXPENDITURE GrantsContracted Services RCO - Local Parks 500,000A/E, Permits, Const. Admin. 127,988 RCO - Youth Athletic Facilities 350,000Site Prep & Demo 17,430 DOC - Local & Comm Project 201,880Construction (Park Elements) 928,464 Construction (Storm Water) 38,987 Donations City (Out of Contract Elements) Bremerton Parks Foundation 6,500 Sub Total Grants & Donations 1,058,380Field Lighting 93,522 FF&E 31,425 City MatchPlay Area 91,920 Parks Cap. Const. Fund Balance (REET) 75,000*Landscaping & Irrigation 43,595 Parks Cap. Const. Fund Balance (REET) 191,317**Parks Labor 34,500 Real Estate Exice Tax (REET)145,803*** GF Transfer-In (Parks Labor) 34,500Other PW&U Storm Water (SW Capital Fund) 38,987Contingency (10%) 136,156 TOTAL REVENUE TO FUND$ 1,543,987TOTAL EXPENDITURES$ 1,543,987 Notes: * Parks Capital Construction fund balance from 2019 - Council approved REET transfer for Warren Ave. ** Parks Capital Construction fund balance - unspent ReEEt from Manette Park Project *** 2020 REET funding - $38,500 budgeted (requesting an additional $107,303) Features Parking Lighting Backstop Connecting Accessible Playfield Relocated LED Paved Pathway WarrenAve. & Lawn Area Street Viewscape Open th 10 Backstop w/ Enlargement Plan Lighting Playfield See LED BroadwayAve. Youth w/ Street Wall th Street Paved Plan Retaining th 11 Parking 9 Existing Clubhouse Site Fountain Drinking & Restroom Restroom of Drinking Fountain Example Area Play /ŷźƌķƩĻƓ͸ƭ Area Play Shelter of Signage /ŷźƌķƩĻƓ͸ƭ of Example Shelter Example Interpretive & Enlargement Entry at Entry Donor Bricks Plan PARKS & RECREATION 680 L EBO B OULEVARD B REMERTON, WA 98310-5841 T EL: 360.473.5305, F AX: 360.473.5882 www.ci.bremerton.wa.us March 6, 2020 VIA EMAIL Jordan Opdahl Nova Contracting, Inc. P.O. Box 177 Littlerock, WA 98556 Re: Warren Avenue Park Improvement Project I regret to inform you that the bid from Nova Contracting, Inc. for the Warren Avenue Park Improvement Project has been rejected due to being non-responsive on sheet I-29. Sincerely, Jeff Elevado, Parks & Recreation Director cc: Roger Lubovich, Bremerton City Attorney Colette Berna, Parks Preservation & Development Manager David Dinkuhn, Parametrix PARKS & RECREATION 680 L EBO B OULEVARD B REMERTON, WA 98310-5841 T EL: 360.473.5305, F AX: 360.473.5882 www.ci.bremerton.wa.us March 12, 2020 VIA EMAIL Jordan Opdahl Nova Contracting, Inc. P.O. Box 177 Littlerock, WA 98556 Re: Warren Avenue Park Improvement Project We have confirmed with our Legal Department that the bid from Nova Contracting, Inc. for the Warren Avenue Park Improvement Project remains rejected due to being non-responsive on sheet I-29. The information you provide was not received as part of the original closed bid and we are unable to accept it. Sincerely, Jeff Elevado, Parks & Recreation Director cc: Roger Lubovich, Bremerton City Attorney Brett Jette, Bremerton Assistant City Attorney Colette Berna, Parks Preservation & Development Manager David Dinkuhn, Parametrix th 6526 110 Avenue SW, Olympia, WA 98512 March 30, 2018 Jeff Elevado 680 Lebo Boulevard Bremerton, WA 98310-5814 Attn: Jeff Elevado, Director Subj: Warren Avenue Park Improvement Project Bid Rejection Protest Dear Mr. Elevado: NOVA Contracting, Inc. (NOVA) is writing regarding the above referenced project. NOVA was in receipt of your email bid rejection notice March 6, 2020. NOVA respectfully requests reconsideration of this bid rejection based upon the following reasons. NOVA has enclosed with this correspondence all information that was intended to be presented with the bid proposal. NOVA requests reconsideration based upon the information absent from the bid documents was general informational only. The City states in section I- Information is required, they can request that information from any bidder at any time prior to making the award decision. documents were complete regarding bid proposal requirements as demonstrated by the bid summary. NOVA was the lowest bidder in price, addendum addressed, bid bond present and executed, bid authorized, and schedule of values was complete. general information that could be requested without rejecting our bid proposal. nd 2 bidder which could be money saved and not removed from the to without fear or retaliation from any bidder. Any other legal counsel stating otherwise is not correct and without merit. Thank you for your consideration. If you have any questions, please do not hesitate to call. 360-870-7633 Very Truly Yours: Jordan Opdahl, President NOVA Contracting, Inc. Project: Mason County PUD No. 01 Grading & Pre-engineered Building Contact Information:See Attached Location of Project: Mason County Description: Excav. and Grade 23,000 CY of site material. Install storm drainage improvements. Contract: $1,188,000 Completion: July 2019 Project: WWTP Interceptor Upgrades Contact Information: City of Bremerton Public Works William Davis Location of Project: City of Bremerton Description: Waste Water Treatment Upgrades Including retaining walls, large diam. structures and pipe, bypass pumping thousands of gallons of sewage, HDPE piping, excav. and grading 3,000 CY and site restoration. Contract: $1,747,000 Completion: April 2019 Project: Contact Information: City of Bremerton Public Works William Davis Location of Project: City of Bremerton Description: within a 24 hr. water main shut down. 2,000 SY of asphalt grinding and paving. Contract: $1,184,000 Completion: Nov. 2018 Project: Anderson Cove Waterfront Park LID Contact Information: City of Bremerton Gunnar Fridriksson Location of Project: City of Bremerton Description: Complete Park LID improvements: Sidewalk, Pavers, Bio-retention work, site grading and lighting. Contract: $270,000 Completion: Oct. 2013 Project: Woodland Creek Community Park Contact Information: City of Lacey Location of Project: Lacey, WA Description: Construction of new City park on 7 acre site. Install (2) picnic shelters and restroom facilities. Install play area, paved walking trail, irrigation, septic system, paved parking and street lighting. Contract: $1,800,000 Completion: July 2007 Please note Jordan Opdahl project managed all the above referenced project and will be project manager of the Warren Avenue project if awarded the project. AGENDA BILL CITY OF BREMERTON CITY COUNCIL 3F SUBJECT: Study Session Date: N/A Purchase of Athletic Field Lighting from COUNCIL MEETING Date: April 1, 2020 Musco Sports Lighting through the King Department: Parks & Recreation County Directors Association Purchasing Presenter: Jeff Elevado Cooperative for the Warren Avenue Park Phone: (360) 473-5428 Improvement Project SUMMARY: The Parks & Recreation Department applied for and received funding from the Recreation and improvements to the Warren Avenue Playfield. A major scope item was the replacement of the failing wooden light poles and incandescent light fixtures. The existing 8 wooden poles have been inspected and found to be rotten internally and high risk of failure. The upgraded system will feature 4 steel poles located away from the playing surface and new energy efficient LED light fixtures featuring reduced light spillage into the neighborhood. Additionally, an upgraded lighting control system will provide integration into the existing computer controlled scheduling program. Equipment pricing has been competitively solicited and publicly awarded through the King County Directors Association Purchasing Cooperative (KCDA). Total Equipment Cost: $85,800 plus WSST. ATTACHMENTS: 1) Musco Lighting Quote #: 192030; 2) KCDA Contract Information and Contract Extensions FISCAL IMPACTS (Include Budgeted Amount): Funding budgeted in the 2020 Parks Capital Construction Fund as part of the Warren Avenue Park Improvement Project. STUDY SESSION AGENDA: Limited Presentation Full Presentation N/A STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the purchase of athletic field lighting equipment from Musco Lighting through the King County Directors Association Purchasing Cooperative in the amount of $85,800 plus Washington State Sales Tax; 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 Form Updated 01/02/2018 Warren Avenue Playfield Lighting Date: December 5 th, 2019 King County Directors Association Master Project: 195250 Contract Number: 19-406 Quote #192030 Expiration: 02/28/2020 Musco Equipment - Soccer Light- 4 - Pre-cast concrete foundations 4 - 60 UL Listed NEMA 3R remote electrical component enclosures Pole length wire harnesses 5 - Factory-aimed and assembled TLC - LED 1200 luminaries 7 - Factory-aimed and assembled TLC - LED 900 luminaries 1 - Factory-aimed and assembled TLC LED 400 area luminaire Pole P1 mounting hardware for scoreboard (scoreboard by others) Wireless operating control Also Includes: Musco Constant 25 warranty and maintenance program that eliminates your maintenance costs for 25 years, including labor and materials Guaranteed constant footcandles for 25 years, per IESNA RP-06-15 Control & Monitoring System for flexible control and solid management of your lighting system Total Breakout of Equipment and Delivery: KCDA Contract Price Soccer ................................................................................................... $186,527.00 Deduct Pole and Foundation Installation ............................................................................... ($32,000.00) Deduct - 12 - TLC - LED 1150fixtures, mounted and wired (12 @ $3,860.00 each) ............. ($46,320.00) Add Pole hardware for scoreboard ............................................................................................. $1,795.00 Price Before Discount ................................................................................................................. $110,002.00 Discount @ 22% ........................................................................................................................... ($24,202.00) Total Price (Equipment only): $85,800.00 Notes: Pricing does NOT include taxes. Purchase orders are to be sent directly to the KCDA along with a copy of this Quote. Delivery to the job site from the time of order, submittal approval, and confirmation of order details including voltage and phase, pole locations is 30 days. Current estimated delivery month is February 2020. Due to the built-in custom light control per luminaire, pole locations need to be confirmed prior to production. Light Levels and uniformities are guaranteed by MUSCO, any additional aiming required to meet the specified requirements shall be completed by MUSCO. Fax or Mail a copy of the Purchase Order to KCDA and Musco Sports Lighting: KCDA Musco Sports Lighting, LLC Attn: Valerie Buckbee Attn: Ryan Tighe P.O. Box 5550 P.O. Box 260 Kent, WA 98064 Muscatine, IA 52761 Fax: 425-282-0675 Fax: 800-374-6402 E-mail: vbuckbee@kcda.org E-mail: ryan.tighe@musco.com Phone: 800-422-5019 Phone: 800-756-1205 Thank you for considering Musco for your sports-lighting needs. Please contact me with any questions. Tim Butz Alli Costello Musco Sports Lighting, LLC Musco Sports Lighting, LLC Phone: 503/720-6625 Phone: 800-754-6025 ext. 4736 E-mail: tim.butz@musco.com E-mail: alli.costello@musco.com AGENDA BILL CITY OF BREMERTON 3G CITY COUNCIL SUBJECT: Study Session Date: N/A Interlocal Agreement with the Kitsap COUNCIL MEETING Date: April 1, 2020 Regional Coordinating Council Department: Executive Presenter: Mayor Wheeler Phone: (360) 473-2345 SUMMARY: On February 4, 2020, the Kitsap Regional Coordinating Council approved the Interlocal Agreement as amended at their monthly Board Meeting. It is now requested that each Member Agency adopt and execute the updated Interlocal Agreement. The amendments relate to changes to the membership and representation of the Council. Port of Kingston has been added to the Executive Board. ATTACHMENTS: 1) KRCC Interlocal Agreement FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: Limited Presentation Full Presentation N/A STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Kitsap Regional Coordinating Council Interlocal Agreement as amended; 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 Form Updated 01/02/2018 Kitsap Regional Coordinating Council KITSAP REGIONAL COORDINATING COUNCIL INTERLOCAL AGREEMENT THIS AGREEMENT is made and entered into by and between the undersigned parties pursuant to provisions of the Interlocal Cooperation Act of 1967, Chapter 39.34 RCW. WHEREAS, the undersigned members recognize the need and desirability to participate in a forum for intergovernmental coordination, cooperation, and consultation among member agencies in order to bring about a continuous and comprehensive regional planning process and efficient service delivery; and WHEREAS, the undersigned members desire jointly to undertake continuous, cooperative study and planning of regional and governmental issues of mutual interest, including but not limitedto development, land use, housing, capital facilities, service, utilities, finances, public buildings, water supply, water distribution and drainage, air and water pollution, parks and recreation, transportation planning, and economic development; and WHEREAS, it is the belief of the undersigned members that regional deliberations, planning, and review can best be achieved with the creation of a separate legal entity whose function and activities are subject to policy direction from the undersigned memberagencies according to the provisions of this Agreement; and WHEREAS, the State Growth Management Act (GMA) requires local jurisdictions to coordinate and ensure consistency when developing comprehensive land use plans and the undersigned members desire to establish the Kitsap Regional Coordinating Council as a separate legal entity to facilitate coordination and consistency of comprehensive land use plans as required by the GMA; and WHEREAS, the undersigned members desire to use the Kitsap Regional Coordinating Council for developing County-wide Planning Policies (CPPs) under the GMA as a framework to guide Kitsap County and cities situated within the County in developing their comprehensive land use plans. THEREFORE, in consideration of mutual promises and covenants herein it is hereby agreed: I.NAME This Agreement establishes the KITSAP REGIONAL COORDINATING COUNCIL (“Council”), a separate legal entitysince 2001. II. DURATION The Agreement shall remain in force and effect perpetually or until terminated by vote of the member agencies. 12020Amendments III.DEFINITIONS For the purpose of this Interlocal Agreement, the following terms have the meaning prescribed to them in this section unless the context of their use dictates otherwise: A.“Member agency” means a voting and dues paying municipal or other government entity located within Kitsap County which is a party to this Agreement. B. “State” means the State of Washington. C.“Region” means the territory physically lying within theboundaries of Kitsap County. D.“Kitsap Regional Coordinating Council” or “Council” means the separate legal entity established by this Agreement to represent member agencies to carry out those powers and managerial and administrative responsibilities delegated pursuant to the provisions of this Agreement. E.“Executive Board” shall mean the representatives of member agencies of the Kitsap Regional Coordinating Council identified in Article IV.B. of this Agreement. F.“Cost Allocation” means annual dues (the annual allocation among Member agencies of the cost of Council operations determined by the Executive Board for the purposes of calculating members’ obligations to contribute to the funding of Council operations for the year, and for the purposes of calculating obligations and distributions in the event of withdrawal or termination). G.“Ex Officio Member” means a non-voting, non-dues paying member of the Councilthat is not a party to this Agreement. H.“Associate Member” means a non-voting, dues paying member of the Council that is not a party to this Agreement. IV.MEMBERSHIP AND REPRESENTATION A.Membership. Membership (except for Associate Members and Ex Officio Members) is established by execution of this Agreement and payment of any required cost allocation as established by the Executive Board. New Members may be added through an ILA Amendment. B.Executive Board. The Executive Board is comprised of the following representatives of member agencies: 1.County Government: three (3) members of the Kitsap County Board of Commissioners; 2.City Governments: 22020Amendments a.The Mayor of each city having a population of 10,000 persons or less; b.The Mayor and one (1) member of the City Council of each city having a population between 10,001 persons and 30,000 persons; c.The Mayor and two (2) members of the City Council of each city having a population greater than 30,000 persons; d.A city with a Council/Manager form of government may select one (1) member of the City Council instead of a Mayor. The number of additional City Council members representing the city shall be as described in 2(a-c) above. e.Population will be determined by the most recent annual population estimate of cities and towns prepared by the Washington State Office of Financial Management. 3.Port ofBremerton: one (1) representative consisting of a Port Commissioner. 4.Port of Kingston: one (1) representative consisting of a Port Commissioner. 5.Kitsap Transit: one (1) representative consisting of a member selected by the Kitsap Transit Board of Commissioners. 6.City Council, Kitsap Transit,and Port representatives may be selected by whatever means established by each specific member agency. D.New membership.A municipal or government entity or a federally recognized Indian Tribe that desires to become an Ex OfficioMember or an Associate Member must obtain permission to do so by the Executive Board. Associate Membersmust also present a draft agreement for the Executive Board’s consideration, establishing the proposed terms, duties, powers and privileges for Associate Member status. V.POWER, AUTHORITY, AND PURPOSE This Agreement does not confer additional substantive powers or authorities on member agencies. The powers and authorities conferred herein are limited to the powers that each member agency is authorized by law to perform. The Council has the following power, authority, and purpose: A.Provide a regional forum for regional deliberations and cooperative decision- making by the region’s elected officials in order to bring about a continuous and comprehensive planning process, and foster cooperation and mediate differences among governments throughout the region. 32020Amendments B.Consistent with the GMA, coordinate and ensure consistency when developing comprehensive land use plans. C.Consistent with the GMA, develop CPPs to be used as a framework to guide the County and the Cities in developing their comprehensive land use plans; D.Coordinate actions to provide for the distribution of state and federal grant funds, including but not limited to federal transportation funding, community development block grants, and low-income housing grants. E.Undertake continuous, cooperative study and planning of regional and governmental problems of mutual interest, including but not limited to development, land use, housing, capital facilities, services, utilities, finances, public buildings, water supply, water distribution and drainage, air and water pollution, parks and recreation and transportation planning. F.Coordinate actions to provide for a sustainable economy and environment for the region. G.Carry out such other planning and coordinating activities authorized by the Council including participation in other forums and organizations. H.Establish Bylaws, to be amended from time totime, that govern the procedures of the Council. The Bylaws, as may be amended, are incorporated into this Agreement by this reference as if fully set forth herein. I.Contract for administrative services and enter into other agreements as deemed appropriate and/or necessary to implement this Agreement. J.Purchase, receive, lease, take by gift, or otherwise acquire, own, hold, improve, use and otherwise deal in and with real or personal property, or any interest therein, in the name of the Council. K.Sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of its property and assets. L.Sue and be sued, complain and defend, in all courts of competent jurisdiction in the Council’s name. MTo engage in any other activity necessary to further the Council goals and purposes to the extent authorized by chapter 39.34 RCW. N.Apply for such federal, state, or private funding of any nature as may become available to assist the organization in carrying out its purposes and functions. O.Identify and examine issues such as governance, growth policies, development standards, service provision, revenue-cost sharing and municipal annexations in urban growth areas. 42020Amendments P.Strive to represent the consensus of views on growth management and planning issues among member agencies. The Council makes recommendations on behalf of those jurisdictions to multi-county regional agencies and State government on behalf of member agencies, on proposed changes to multi-county regional plans, state plans and laws. Q.Represent the views or position of member agencies within the County on issues of consistency or the resolution of conflicts related to the multi-county regional growth strategy and transportation plan. R.Make appointments to committees and boards of multi-county regional organizations (e.g. Puget Sound Regional Council, Peninsula Regional Transportation Planning Organization) where appointments are requested to represent more than one member agency of the Council. Members appointed to such committees and boards shall represent the consensus of the views of the Council. If consensus is not reached on a particular issue, the members appointed to such committees and boards shall represent the majority and minorityviews of the Council, in order to accurately portray the status of discussions on that issue. S.Review thisInterlocal Agreement no fewer than every 10 years with the assistance of legal counsel. VI.FINANCING A.Cost Allocation. All members shall pay the annual cost allocation as described in the Bylaws. If payment by a member is not paid timely after notice of the cost allocation is received, the member is subject to having its membership status revoked by the Executive Board. B.Local Government Accounting. All services and transfers of property to the Kitsap Regional Coordinating Council shall be paid and accounted for in accordance with RCW 43.09.210. VII.FISCAL YEAR AND BUDGET A.The Fiscal Year. The fiscal year shall coincide with thecalendar year. B.Adoption of Budget. By September of each year the Executive Board shall adopt a draft annual work program, budget, and cost allocation for the ensuing fiscal year that identifies anticipated activities, goals, revenues, and expenditures for completing the work program. Thefinal work program, budget, and cost allocation for the ensuing year shall be adopted by the Executive Board no later than November of each year. No increase or decrease to the final budget shall occur without the approval of the Executive Board. C.Notice of Budget. On or before September 30, the Executive Board shall provide written notice of the ensuing year’s draft budget, work plan, and cost allocation to the designated representative(s) of each member agency. On or before November 30, the Executive Board shall provide written notice of the final budget, work plan, and cost allocation adopted for the ensuing fiscal year to the designated representative(s) of each member agency. 52020Amendments D.Accounting, Budgeting, and Reporting. The Council shall be subjectto the Budgeting Accounting & Reporting System (BARS) applicable to Category 1 local governments. E.Fiscal Agent.The Council may retain a fiscal agent. The fiscal agent may be a member agency who shall serve and be subject to removal, pursuant to theterms and conditions as established by agreement between the fiscal agent and the Council. F.Contracting. All contracts made by or on behalf of the Council shall be in accordance with state law, including, but not limited to: Chapter 39.04 RCW, and Chapter 42.23 RCW, and Chapter 42.24 RCW. VIII.WITHDRAWAL FROM AGREEMENT Any member agency has the right to withdraw from this Interlocal Agreement by giving the Executive Board six (6) months prior written notice. Unless otherwise provided by future agreement, any member agency that withdraws shall remain responsible for its financial and other obligations with regard to Council activities until the effective date of withdrawal and with regard to agreements to which the Council is a party and which exist at the time of such notice of withdrawal. Withdrawal by one member agency to this Interlocal Agreement shall not terminate the Agreement as to any other remaining member agencies. Except as provided in Article IX of this Agreement, any member agency that withdraws from this Agreement forfeits any rights it may have to the Council’s assets; provided, however, such forfeiture shall not take effect if the Council dissolves within one (1) year of the date of the withdrawal notice. IX.DISPOSAL OF ASSETS Upon dissolution of the Council, any Council assets, after payment of all liabilities, costs, expenses, and charges validly incurred under this Agreement, shall be distributed to member agencies which are members of the Council on the date of dissolution. Distribution of assets shall be in proportion to the funding formula for cost allocation as described in the Bylaws, in accordance with Article VI.B. of the Agreement, and existing at the time of dissolution. The debts, liabilities, and obligations of theCouncil shall not constitute a debt, liability, or obligation of any member agency. If assets cannot reasonably be distributed in proportion to the funding formula, the Council shall declare the assets to be surplus, and shall offer the assets for sale according to the requirements of chapter 43.19 RCW, and shall distribute the proceeds from the sale in proportion to the funding formula established by the Executive Board in accordance with Article VI.B. of this Agreement. X.LIABILITY AND INSURANCE A.Any loss or liability to third parties resulting from negligent acts, errors, or omissions of the Council, Member agencies (excluding Associate Members), Ex Officio Members, and/or employees while acting within the scope of their authority under this Agreement shall be borne by the Council exclusively, and the Council shall defend such parties, at its cost, upon request by the member agency, ex officio agency, and/or employee. B.The Executive Board shall obtain commercial general liability, and auto liability insurance coverage for the Council, Executive Board, and any staff employed by the Council, at 62020Amendments levels no less than $1 million single occurrence and $2 million aggregate for each type of liability that is insured. The policy shall name each member agency, and their respective elected officials, officers, agents, and employees as additional insured’s. The Executive Board shall annually evaluate the adequacy of the Council’s insurance coverage. C.The Executive Board shall require that allcontractors and subcontractors utilized by the Council obtain insurance coverage consistent with Article X.B. XI.LEGAL REPRESENTATION The Council may retain legal counsel. Legal counsel may be an employee of a member agency, an outside entity, or an individual. In the event of a conflict of interest, the Council may retain substitute or additional legal counsel. Additionally, Councilmay retain outside legal counsel concerning any matter the Council deems appropriate. Retained counsel shall serve, and be subject to removal, pursuant to the terms and conditions established by agreement between legal counsel and the Council. An adjustment in cost allocation to Members will be made if the Council retains outside legal counsel. XII.ENTIRE AGREEMENT This Agreement supersedes all previous Kitsap Regional Coordinating Council interlocal agreements and all prior discussions, representations, contracts, and/or agreements between the parties relating to the subject matter of this Agreement and constitutes the entire contract between the parties. XIII.MODIFICATION Except as provided by Article XIX, the terms of this Agreement shall not be altered or modified unless agreed to in writing by all member agencies and such writing shall be executed with the same formalities as are required for the execution of this document. XIV.WAIVER The failure of any party to insist upon strict performance of any of the terms and conditions of this Agreement shall not be construed to be a waiver or relinquishment of same, but the same shall be and remain in full force and effect. XV.NOTICE Except as provided in Article XVIII of this Agreement, any notice required by this Agreement shall be made in writing to the representative(s) identified in Article IV.B. of this Agreement. Notice is effective onthe third day following deposit with the U.S. Postal Service, regular mail. XVI.SEVERABILITY If any of the provisions of this Agreement are held illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. 72020Amendments XVII. CHOICE OF LAW AND VENUE This Agreement shall be governed by the laws of the State of Washington, both as to its interpretation and performance. Any action at law, suit in equity, or other judicial proceeding arising in connection with this Agreement may be instituted and maintained only in a court of competent jurisdiction in Kitsap County, Washington. XVIII. CLAIMS A.Any claim for damages made under chapter 4.96 RCW shall be filed with the Chair of the Kitsap Regional Coordinating Council, c/o the Clerk of the Kitsap County Board of Commissioners, 614 Division Street, MS-4, Port Orchard, Washington, 98366. B.Upon receipt of a claim for damages, or any other claim, a copy of the claim will be provided by the Clerk of the Board to each member of the Executive Board. XIX. EXECUTION AND FILING A.Counterparts. The parties agree that there shall be multiple original signature pages of this Agreement distributed for signature by the necessary officials of the parties. Upon execution, the executed original signature pages of this Agreement shall be returned to the Clerk of the Kitsap County Board of Commissioners, who shall file an executed original of this Agreement with the Kitsap County Auditor. The Clerk of the Board shall distribute duplicate conformed copies of the Agreement to each of the parties. B.Later Approval and Filing. Later approval and filing of this Agreement by additional parties as set forth in Article IV, Section D, shall be deemed an authorized amendment to the Agreement already on file with the Kitsap County Auditor, without the need for reconsideration and approval by parties that have already approved and executed the Agreement. XX. EFFECTIVE DATE This Agreement shall go into effect among and between the parties upon its execution by all of the parties, as evidenced by the signatures and dates affixed below and upon its filing with the County Auditor as provided in Article XIX. IN WITNESS WHEREOF, this Agreement has been executed by each party on the date set forth below: Signatures on following pages 82020Amendments Executed this ___ day of _____________, 2020. CITY OF BAINBRIDGE ISLAND Approved as to form Bainbridge Island City AttorneyKol Medina,Councilmember Executed this ___ day of _____________, 2020. CITY OF BREMERTON Approved as to form Bremerton City AttorneyGreg Wheeler, Mayor Executed this ___ day of _____________, 2020. CITY OF PORT ORCHARD Approved as to form Port Orchard City AttorneyRobert Putaansuu, Mayor Executed this ___ day of _____________, 2020. CITY OF POULSBO Approved as to form Poulsbo City AttorneyBecky Erickson, Mayor Executed this ___ day of _____________, 2020. PORT OF BREMERTON Approved as to form Port of Bremerton AttorneyCary Bozeman, President 92020Amendments Executed this ___ day of _____________, 2020. PORT OF KINGSTON Approved as to form Port of Kingston AttorneyGreg Englin,Executive Director Executed this ___ day of _____________, 2020. KITSAP TRANSIT Approved as to form Kitsap Transit AttorneyJohn Clauson,Executive Director Executed this ______ day of __________________, 2020. KITSAP COUNTY BOARD OF COMMISSIONERS CHARLOTTE GARRIDO, Chair ROBERT GELDER, Commissioner ATTEST: Dana Daniels, Clerk of the BoardEDWARD E. WOLFE, Commissioner Deputy Prosecuting Attorney 102020Amendments