HomeMy WebLinkAbout06/03/2020 AGENDA PACKET______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280
WEDNESDAY, JUNE 3, 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 Zoom Meeting:
https://us02web.zoom.us/j/87425453088?pwd=R0cvb1N2eDAySHhsUUk2emlyMHhmUT09
Meeting ID: 874 2545 3088
Password: 484981
To join the meeting with the phone only:
One tap mobile: +1 253 215 8782 (Tacoma)
+1 346 248 7799 (Houston)
Dial by location: +1 360 415 1029
+1 253 215 8782 (Tacoma)
+1 346 248 7799 (Houston)
Find your local number: https://us02web.zoom.us/u/kbp2zsETw
Meeting ID: 874 2545 3088
Password: 484981
Citizens are always encouraged to send questions and comments by email to
City.Council@ci.bremerton.wa.us
1.CALL TO ORDER: 5:30 P.M.
2.CONSENT AGENDA
A.Claims and Check Register
B.Minutes of Meeting – May 20, 2020
3.GENERAL BUSINESS
A.Ordinance No. 5397 amending Ordinance No. 5387 relating to the City of Bremerton Fiscal Year
2020 Budget
B.Amendment No. 3 to the Telecommunications Facilities Lease Agreement with Seattle SMSA
Limited Partnership d/b/a Verizon Wireless
C.Amendment No. 1 to the Lease Agreement with Iglesia Pentecostal Vispera Del Fin for the
KBRO Broadcast Facility Site located at Forest Ridge Park
D.Department of Commerce Grant Agreement for the Quincy Square on 4th Street Project
4.ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special
accommodations please contact the City Clerk at (360) 473-5323 at least 24 hours prior to the meeting.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: N/A
Claims & Check Register COUNCIL MEETING Date: June 3, 2020
Department: Legal Services
Presenter: Angela Hoover
Phone: (360) 473-5323
SUMMARY:
Approval of the following checks and electronic fund transfers:
1. Check Numbers 389428 through 389568 and Electronic Fund Transfers V21238 through
V21284 in the grand total amount of $3,047,319.55
2. Regular Payroll for pay period ending May 15, 2020 in the amount of $865,365.00
3. Retiree Payroll for pay period ending May 31, 2020 in the amount of $52,562.06
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
2A
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Minutes of Meeting – May 20,
2020
Study Session Date: N/A
COUNCIL MEETING Date: June 3, 2020
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: The Minutes of Meeting held on May 20, 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 May 20, 2020 Meeting Minutes as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/3/17
2B
DIGITAL RECORDING
CITY COUNCIL VIRTUAL MEETING MINUTES
Wednesday, May 20, 2020
A virtual meeting of the City Council of the City of Bremerton was called to order Wednesday, May 20,
2020, at 5:30 PM with Council President Eric Younger presiding. Council Members present were
Mike Simpson, Michael Goodnow, Lori Wheat, Kevin Gorman, Leslie Daugs, and Pat Sullivan. Also
present were City Attorney Roger Lubovich; City Clerk Angela Hoover; Legislative Office Manager
Lori Smith; and Information Services Manager Dave Sorensen.
President Younger read a statement that per an amending proclamation issued by Governor Inslee
adjusting and extending the “Stay Home – Stay Healthy” order to May 31, 2020, the City Council will
conduct Council Meetings virtually through the month of May. President Younger also established
that because only essential business was allowed per the proclamation, there would be no Mayor’s
Report, Public Recognition, or Council Reports…
CONSENT AGENDA
2A – Claims & Check Register: Check Numbers 389258 through 389427, and EFT-V21180 through
EFT-V21237 in the amount of $2,222,139.32; Regular Payroll for the pay period ending April
30, 2020 in the amount of $865,240.26; and Regular Payroll (Payouts) for the pay period
ending April 30, 2020 in the amount of $26,603.82
2B – Minutes of Meeting – May 6, 2020
There were no comments or questions from the public…
05:33 M/S/C (Daugs/Gorman) Move to approve the CONSENT AGENDA as presented.
Voted in favor of Motion: Daugs, Gorman, Wheat, Goodnow, Younger
Voted opposed to Motion: Sullivan, Simpson
Motion carried: 5-Yes; 2-No
GENERAL BUSINESS
3A – GOODS AND SERVICES AGREEMENT WITH AQUATECHNEX LLC FOR PHOSLOCK
TREATMENT AT KITSAP LAKE TO CONTROL ALGAE: NPDES Permit Coordinator Chance
Berthiaume explained that the City requested proposals to address water quality at Kitsap Lake in
March and received one proposal from AquaTechnex LLC. The work to be completed is application
of Phoslock which will reduce phosphorus to less than 0.1mg/L and continue to sequester phosphorus
released from the sediment long term. Application of Phoslock will reduce soluble phosphorus to
eliminate blue-green algae blooms and restore water quality to acceptable conditions for use by
human, animal and fish. AquaTechnex will mobilize and treat the lake with Phoslock between June 1
-15th, or on alternative agreed dates, with an additional late summer application based on water
quality tests that determine the need and dosage. NPDES Permit coverage is confirmed. Notice of
application will be sent to all residents and businesses located on the lake shoreline at least 10 days
prior to Phoslock application as required by the NPDES Permit. AquaTechnex has the mailing list and
will perform the required mail notification and lake posting in a time frame to meet the treatment
window and comply with the permit requirement. AquaTechnex is responsible for compliance with all
terms and conditions of the NPDES Permit.
At the request of President Younger, Finance Director Mike Riley provided an overview of the
current status of the City’s Budget…
Carol Boston provided comments in support of this item on behalf of Kitsap Lake property owners.
06:00 Motion was made by Wheat and seconded by Daugs… Comments and questions were
provided by Wheat, Daugs, Sullivan, Simpson, and Younger; with responses provided by Mr.
Berthiaume…
City Council Reg. Mtg. Minutes
Wednesday, May 20, 2020
Page 2 of 2
06:29 M/S/C (Wheat/Daugs) Move to approve Goods and Services Agreement with AquaTechnex
LLC; and authorize the Mayor to finalize and execute the agreement with substantially the same
terms and conditions as presented, and to adjust the approved budgets for Stormwater and the
General Fund.
Voted in favor of Motion: Daugs, Gorman, Wheat, Goodnow, Younger
Voted opposed to Motion: Sullivan, Simpson
Motion carried: 5-Yes; 2-No
With no further business, President Younger adjourned the Council Meeting at 6:30 PM.
Prepared and Submitted by:
LORI SMITH
Legislative Office Manager
APPROVED by the City Council on the 3rd day of June, 2020.
ERIC YOUNGER, City Council President
Attest:
ANGELA HOOVER, City Clerk
EY:AH:ls:cg
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Ordinance No. 5397 amending
Ordinance No. 5387 relating to the City of
Bremerton Fiscal Year 2020 Budget
Study Session Date: N/A
COUNCIL MEETING Date: June 3, 2020
Department: Financial Services
Presenter: Caroline Tompson and
Jamie Ginter
Phone: (360) 473-5209
SUMMARY: Each year the City assesses its current fiscal year budget for any needed adjustments.
Adjustments are recommended for the following reasons: to adjust the estimated beginning fund
balances to actual, to account for unanticipated/unexpected conditions, to incorporate 2019 carryover
items, and to adjust for previously approved Council motions/resolutions etc. The attached
ordinance and supporting documents outlines the various reasons for the current proposed budget
amendment.
ATTACHMENTS:
Ordinance No. 5397 to Amend Ordinance No. 5387 adopting the 2020 Budget
Exhibit A
2020 Mid-Year Budget Adjustment Memo
Detail fund listing identifying proposed line item and budget control category adjustments
FISCAL IMPACTS (Include Budgeted Amount): The net adjustment for all City Funds for the Fiscal
Year 2020 is $10,521,695 for a total expenditure appropriation of $191,453,048.
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. 5397 amending Ordinance No. 5387
relating to the City of Bremerton Fiscal Year 2020 Budget as presented; and further authorize
identified staffing adjustments.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
3A
1 2020 Mid-Year Budget Amendment
ORDINANCE NO. 5397___
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Ordinance No. 5387 relating to
the City of Bremerton Fiscal Year 2020 Budget.
WHEREAS, the City Council passed the Fiscal Year 2020 City Budget Ordinance
No. 5387 on November 20, 2019; and
WHEREAS, the City Council has previously amended the budget by various
motions and resolutions subsequent to November 20, 2019 which require a formal amendment
by ordinance; and
WHEREAS, all of the funds of the City of Bremerton require amendment to
adjust beginning fund balances; and
WHEREAS, several City Departments and Funds are experiencing or anticipate
additional expenses due to factors such as costs related to provision of contracted services and
changed allocations of staff time; and
WHEREAS, several City Departments and Funds require adjustment to revenues
to reflect activity in 2020 or timing changes from that which was anticipated in the 2020 budget;
and
WHEREAS, certain reclassifications of revenues and expenditures are required to
properly reflect budget categories in a manner consistent with actuals in accordance with BMC
3.02.010; and
WHEREAS, each of these actions has an impact on the City of Bremerton’s
Fiscal Year 2020 Annual Budget resulting in the need to amend this Budget document;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Ordinance No. 5387 establishing the City of Bremerton’s 2020
Budget is hereby amended as follows;
1) regular revenues and unencumbered fund balances of $191,453,048, the total for
each fund as set forth in Exhibit A, attached hereto and incorporated herein by this reference, and
2) in accordance with BMC 3.02.010, expenditures and ending fund balances of
$191,453,048 as set forth in Exhibit A, and authoring staffing adjustments as set forth in Exhibit
B, attached hereto and incorporated herein by this reference.
2 2020 Mid-Year Budget Amendment
SECTION 2. That the totals for the funds noted in Exhibit A are hereby
appropriated for the fiscal year 2020.
SECTION 3. 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 4. 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
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. ______
BEG LIC. INTER- CHARGES FINES 2020
FUND AND GOV'T FOR AND OTHER TOTAL
FUND BAL. TAXES PERMITS REVENUE SERVICE FORFEITS REVENUE BUDGET
General Fund
General Government:
City Council 00 0147,236 00147,236
Executive 00 0122,486 00122,486
Financial Services 00 0779,532 00779,532
Legal 00 0593,120 00593,120
Human Resources 00 0264,854 00264,854
Community Development 3,419,250 1,185,650 302,100 510,500 50,000 0 5,467,500
Municipal Court 0030,878 206,850 237,900 30,400 506,028
City Auditor 00 040,940 0040,940
Law Enforcement 0 6,000 226,175 144,100 2,000 11,000 389,275
Fire/Emergency Medical 1,982,500 1,300 865,334 680,200 6,500 5,010 3,540,844
Police & Fire Pension 0063,870 0071,742 135,612
General Facilities 00 0171,524 0 353,200 524,724
Parks 00 0136,250 0 74,000 210,250
Engineering 0 64,000 0 2,095,173 002,159,173
Non-Departmental 28,531,307 27,000 868,501 93,542 900,000 170,000 30,590,350
Beginning Fund Balance 14,264,043 (1,512,000) 165,000 (150,000) 12,767,043
Total General Fund 14,264,043 32,421,057 1,448,950 2,356,858 5,986,307 1,046,400 715,352 58,238,967
Special Revenue Funds:
Street 895,120 800,000 0 744,200 208,000 0 1,064,000 3,711,320
Contingency Reserve 1,360,441 00000153,700 1,514,141
Lodging Tax 366,147 750,000 00006,000 1,122,147
Parking System 1,130,831 0000425,500 1,598,600 3,154,931
Comm. Dev. Block Grant 39,837 00668,383 45,900 0 87,000 841,120
Abatement Revolving Fund 334,049 000025,000 500 359,549
Police Special Projects 425,325 000015,000 3,500 443,825
Public Access Television 679,996 0 276,000 0 125,765 0 43,200 1,124,961
Gift & Donations Fund 89,479 000006,100 95,579
Trial Improvement 87,206 0021,000 00500 108,706
One Percent for Arts 18,022 0000011,242 29,264
Conference Center Oper 319,758 00 01,638,541 0 604,000 2,562,299
Total Spec. Rev. Funds 5,746,210 1,550,000 276,000 1,433,583 2,018,206 465,500 3,578,342 15,067,841
Debt Service Fund:
2010 UTGO 28,612 900,000 00001,000 929,612
Government Center LTGO 84,757 00000332,100 416,857
2015 Public Safety Bond 39,681 550,000 00001,000 590,681
2019 Refunding LTGO 170,410 330,000 0 3,000 00148,000 651,410
Total Debt Service Fund 323,460 1,780,000 0 3,000 0 0 482,100 2,588,560
Capital Improvement Funds:
General Govt Capital Improv. 2,976,330 1,700,000 000040,000 4,716,330
Park Facilities Construction 252,978 001,051,880 00209,303 1,514,161
Residential Street & Sidewalk Fund 1,778,288 1,022,129 125,000 000148,400 3,073,817
Transportation Projects Fund 1,012,912 422,129 0 6,268,524 001,433,497 9,137,062
Fire Public Safety Capital 985,309 000000985,309
Affordable Housing Capital Fund 1,843 00000100,000 101,843
Total Capital Improv. Funds 7,007,660 3,144,258 125,000 7,320,404 0 0 1,931,200 19,528,522
Total General Gov't Funds 27,341,372 38,895,315 1,849,950 11,113,845 8,004,513 1,511,900 6,706,994 95,423,889
2020 REVENUE - ALL FUNDS
Amended by Ordinance No. 5397
Exibit A
BEG LIC. INTER- CHARGES FINES 2020
FUND AND GOV'T FOR AND OTHER TOTAL
FUND BAL. TAXES PERMITS REVENUE SERVICE FORFEITS REVENUE BUDGET
2020 REVENUE - ALL FUNDS
Amended by Ordinance No. 5397
Exibit A
Enterprise Funds:
Water Utility 4,007,677 00 014,885,857 20,000 545,000 19,458,534
Water Capital 9,330,059 000003,310,600 12,640,659
Wastewater Utility 3,504,738 102,000 0016,432,038 0 3,000 20,041,776
Wastewater Capital 3,097,243 000003,040,600 6,137,843
Stormwater Utility 947,446 0070,000 4,490,512 7,000 107,000 5,621,958
Stormwater Capital 4,987,820 000003,798,500 8,786,320
Utility Debt Reserve 1,693,936 0000022,000 1,715,936
Gold Mountain Golf Complex 445,416 00 04,760,031 0 16,950 5,222,397
Total Enterprise Funds 28,014,333 102,000 0 70,000 40,568,438 27,000 10,843,650 79,625,421
Internal Service Funds:
Risk Management 2,572,551 000001,844,362 4,416,913
Employment Security 228,977 000004,000 232,977
Accumulated Leave Liability 174,439 00000582,500 756,939
ER&R Operations & Maint. 5,883 00 01,800,119 0 2,800 1,808,802
ER&R Equipment Reserve 4,092,271 000002,297,679 6,389,950
Information Services 836,731 00 01,756,426 0 205,000 2,798,157
Total Internal Service Funds 7,910,852 0 0 0 3,556,545 0 4,936,341 16,403,738
Total Business Type Funds 35,925,185 102,000 0 70,000 44,124,983 27,000 15,779,991 96,029,159
Total All Funds 63,266,557 38,997,315 1,849,950 11,183,845 52,129,496 1,538,900 22,486,985 191,453,048
1/0/1900
2020
SUPPLIES & DEBT CAPITAL ENDING TOTAL
FUND PERSONNEL SERVICES SERVICE OUTLAY TRANSFERS FUND BAL. BUDGET
General Fund
General Government:
City Council 340,800 60,116 000 400,916
Executive 268,500 74,022 000 342,522
Financial Services 1,251,300 324,465 000 1,575,765
Legal Department 1,380,900 236,984 000 1,617,884
Human Resources 503,300 219,383 000 722,683
Community Development 1,864,900 1,053,639 0082,500 3,001,039
Municipal Court 971,500 527,308 000 1,498,808
City Auditor 85,100 8,078 000 93,178
Law Enforcement 10,726,142 1,745,289 000 12,471,431
Fire/Emergency Medical 10,494,023 1,861,746 000 12,355,769
Police & Fire Pension 1,402,300 342,000 000 1,744,300
General Facilities 499,200 929,258 0 260,000 0 1,688,458
General Parks 2,274,700 801,664 0034,500 3,110,864
Engineering 2,555,000 350,995 000 2,905,995
Non-Departmental 0 3,476,430 001,892,100 5,368,530
Ending Fund Balance 9,340,825 9,340,825
Total General Fund 34,617,665 12,011,377 0 260,000 2,009,100 9,340,825 58,238,967
Special Revenue Funds:
Street 1,262,060 1,915,192 0 11,300 0 522,768 3,711,320
Contingency Reserve 000001,514,141 1,514,141
Lodging Tax 0 370,000 00250,000 502,147 1,122,147
Parking System 0 1,379,407 533,208 110,000 70,000 1,062,316 3,154,931
Comm. Dev. Block Grant 149,800 599,987 00091,333 841,120
Abatement Revolving Fund 0 258,500 000101,049 359,549
Police Special Projects 0 199,282 000244,543 443,825
Public Access Television 398,200 60,709 0 30,000 0 636,052 1,124,961
Gift & Donations Fund 0 15,000 00080,579 95,579
Trial Improvement 0 25,000 00083,706 108,706
One Percent for Arts 0 9,000 00020,264 29,264
Conference Center Oper 0 1,938,045 32,168 75,000 0 517,086 2,562,299
Total Spec. Rev. Funds 1,810,060 6,770,122 565,376 226,300 320,000 5,375,983 15,067,841
Debt Service Fund:
2010 UTGO 00853,438 0076,174 929,612
Government Center LTGO 00330,838 0086,019 416,857
2015 Public Safety Bond 00502,700 0087,981 590,681
2019 Refunding LTGO 00425,344 00226,066 651,410
Total Debt Service Fund 0 0 2,112,320 0 0 476,240 2,588,560
Capital Improvement Funds:
General Govt Capital Improv.00002,292,300 2,424,030 4,716,330
Park Facilities Construction 0001,505,000 0 9,161 1,514,161
Residential Street & Sidewalk Fund 290,483 905,853 0 446,285 0 1,431,196 3,073,817
Transportation Projects Fund 8,800 1,036,968 0 7,003,608 0 1,087,686 9,137,062
Fire Public Safety Capital 000974,767 10,542 0 985,309
Affordable Housing Capital Fund 0 100,000 0001,843 101,843
Total Capital Improv. Funds 299,283 2,042,821 0 9,929,660 2,302,842 4,953,916 19,528,522
Total General Gov't Funds 36,727,008 20,824,320 2,677,696 10,415,960 4,631,942 20,146,963 95,423,889
2020 EXPENDITURES - ALL FUNDS
Amended by Ordinance No. 5397
Exhibit A
1/0/1900
2020
SUPPLIES & DEBT CAPITAL ENDING TOTAL
FUND PERSONNEL SERVICES SERVICE OUTLAY TRANSFERS FUND BAL. BUDGET
2020 EXPENDITURES - ALL FUNDS
Amended by Ordinance No. 5397
Exhibit A
Enterprise Funds:
Water Utility 4,857,877 7,941,804 912,479 0 2,250,000 3,496,374 19,458,534
Water Capital 0 240,000 0 6,535,666 0 5,864,993 12,640,659
Wastewater Utility 3,621,605 8,660,309 2,501,210 0 2,115,000 3,143,652 20,041,776
Wastewater Capital 0 525,000 0 4,408,200 0 1,204,643 6,137,843
Stormwater Utility 1,676,518 2,770,552 153,005 0 180,000 841,883 5,621,958
Stormwater Capital 0 94,000 0 5,345,148 0 3,347,172 8,786,320
Utility Debt Reserve 000001,715,936 1,715,936
Gold Mountain Golf Complex 0 4,210,079 434,670 00577,648 5,222,397
Total Enterprise Funds 10,156,000 24,441,744 4,001,364 16,289,014 4,545,000 20,192,299 79,625,421
Internal Service Funds:
Risk Management 390,000 1,472,620 0071,742 2,482,551 4,416,913
Employment Security 75,000 0000157,977 232,977
Accumulated Leave Liability 450,000 0000306,939 756,939
ER&R Operations & Maint 567,100 1,230,820 0 15,000 0 (4,118) 1,808,802
ER&R Equipment Reserves 0002,061,734 0 4,328,216 6,389,950
Information Services 946,700 862,155 000989,302 2,798,157
Total Internal Service Funds 2,428,800 3,565,595 0 2,076,734 71,742 8,260,867 16,403,738
Total Business Type Funds 12,584,800 28,007,339 4,001,364 18,365,748 4,616,742 28,453,166 96,029,159
Total All Funds 49,311,808 48,831,659 6,679,060 28,781,708 9,248,684 48,600,129 191,453,048
1
Memorandum
To: City Council
Mayor Greg Wheeler
From: Jamie Ginter, Budget Analyst
Re: 2020 Mid-Year Budget Amendment, Ordinance No. 5397
Date: June 3, 2020
The City adopted the 2020 budget by Ordinance No. 5387 on November 20, 2019. Each year the City
assesses its current fiscal year budget and addresses any needed adjustments that have come to the
attention of the staff in Financial Services. Adjustments for both revenue and expenditures are brought
forward for the following reasons: to adjust the estimated beginning fund balances to actual, to account
for subsequent unanticipated/unexpected conditions, to account for previously approved projects that
were underway in 2019 that were not concluded and require carryover expenditure authority, to reallocate
revenue and expenditure line items within budget control categories with zero net increase, and to
formally account for various council motions/resolutions previously approved to date during 2020.
Enclosed is the mid-year budget amendment ordinance and detailed supporting schedules. Noteworthy
items not previously approved by Council, and/or are significant, are as follows:
General Fund
The actual beginning fund balance was higher than anticipated by $3,161,076. The additional
reserves came from higher 4th quarter revenue that exceeded year end estimates and a savings
in expenditures throughout all departments within the General Fund.
A $2,108,000 adjustment to revenue is included to account for the anticipated reductions due to
COVID.
A transfer-out to the Street Fund in the amount of $225,000 is budgeted to account for $150,000
in reduced fuel tax and $75,000 in parking tax due to COVID.
A $200,000 transfer-out to the Conference Center Fund is also budgeted to bridge the revenue
gap for canceled events.
Other Funds
The Equipment Rental Reserve Fund includes a $15,908 adjustment for the purchase of a 2011
Ford Explorer Interceptor that is funded from the Police Department budget.
2
The Police Special Projects Fund includes a technical correction of $80,000 from capital to
supplies for the purchase of a previously approved K-9 vehicle. The vehicle is being purchased in
the Equipment Rental Reserve Fund which is also being adjusted by the same amount.
Budget adjustments are necessary to properly reflect the nature and extent of revenues and expenditures
of the various City funds and departments. The attached ordinance and supporting schedules (by fund)
include adjustments by budget control category for both revenues and expenditures with a City-wide
appropriation, including fund balance, of $191,453,048.
From: Pat Sullivan <patsulnotary@comcast.net>
Sent: Wednesday, June 3, 2020 7:39 PM
To: City Council <City.Council@ci.bremerton.wa.us>
Cc: Pat Sullivan <Pat.Sullivan@ci.bremerton.wa.us>
Subject:
Hello Lori,
Attached are my comments from tonight’s Council meeting requesting an amended motion in regards to
the June 3, 2020 Council Meeting.
My comments in regards to Agenda Bill: Ordinance No. 5397 amending Ordinance No. 5387 relating to
the City of Bremerton Fiscal Year 2020 Budget.
I composed the attached document on my personal computer and read it during the Council Meeting, I
am forwarding it to the City Council so if there are future open records requests, the City has the
attachment.
Sincerely,
Pat
1
Pat Sullivan, Bremerton City Council Member, District 1
June 3, 2020 Council Meeting
Comments in regards to Agenda Bill: Ordinance No. 5397 amending Ordinance No. 5387 relating to
the City of Bremerton Fiscal Year 2020 Budget.
Tonight we are being requested to consider, for approval, the Mid-Year Budget adjustment.
Per the Attorney General's guidance on public meetings, agencies needed to specifically ask if the
matter on which they were taking “action” in their remote meetings was (1) “necessary and routine,” or
(2) “necessary to respond to the COVID-19 outbreak and current public health emergency.”
The Council, due to the Governor's proclamation and the Attorney Generals guidance, have been given
no opportunity to perform the necessary, routine, & essential duties which are expected by the citizens
who elected us. My next comments are backing up my vote.
At a prior Council meeting Council Member Simpson referenced the budget and was directed that it
could not be addressed as it did not speak to the agenda item under consideration by the Council. On
April 15th Council Member Simpson sent an e-mail to the Mayor addressing his concerns over the of the
economic effects of Covid-19 and the closure of businesses. He also addressed 6 points to answer a
question "the question of what can and should we do as locally elected officials". A number of his 6
points were specific to budget issues to consider in response to the effects of the Covid -19 virus. The
Mayor did not address Council Member Simpson's concerns, instead he sent the Council an e-mail "FYI...
Please see my below email to all City of Bremerton employees which I have also shared with the citizens
of Bremerton. Take care, stay safe and healthy, and I hope you have a nice weekend." leaving this
council member with the current "drop the mike, end of discussion, your concerns are not necessary or
routine."
Included in the summary for the Agenda Bill to approve the Mid-Year Budget Adjustment it states, "Each
year the City assesses its current fiscal year budget for any needed adjustments. Adjustments are
recommended for the following reasons" one of which is, "to account for unanticipated/unexpected
conditions".
Where are the adjustments in this proposed budget to address the current unanticipated/unexpected
condition? The answer - a reduction of expected revenue from Sales and B&O taxes by $2.1M. There
are no reductions in expenditures. The Council body approves the budget, yet due to the Attorney
General's guidance we have not been able to discuss any aspect of this Mid-Year Budget Adjustment.
We have not been able to discuss what expenses might need to be cut, what we could do to assist our
residents and businesses to survive this crisis, what changes can we make to our budget to assist our
businesses to open after having received no revenues for 2 months how can they be expected to rehire
employees and open - what can we do to help? Perhaps a moratorium in collecting B&O revenue for
the remainder of 2020.
2
June 3, 2020 Council Meeting "Continued"
Comments in regards to Agenda Bill: Ordinance No. 5397 amending Ordinance No. 5387 relating to
the City of Bremerton Fiscal Year 2020 Budget.
As an elected official I am beyond words, that while our citizens are out of work, can't feed their
families, we as elected officials and Bremerton City employees have faced none of these financial
hardships. I can't speak for anyone but myself and since we could not discuss the fact that the Council
members were receiving our salaries, I donated my City Salary to several food lines. I will not be
supporting this budget amendment nor future consent agenda items that give blanket approval for the
City's Claims & Check Register/Payrolls until the Council has had such discussions.
As of June 1st, the Attorney General published the fifth updated guidance.
Proclamation 20-28.4 no longer limits agency governing body’s “action” under the OPMA to only those
matters that are “necessary and routine” or “necessary to respond to the COVID-19 outbreak and
current public health emergency” as was the case in the prior proclamations. “Action” is defined in the
OPMA as “the transaction of the official business of a public agency by a governing body including but
not limited to receipt of public testimony, deliberations, discussions, considerations, reviews,
evaluations, and final actions.” RCW 42.30.020(3). "Final action" means “a collective positive or negative
decision, or an actual vote by a majority of the members of a governing body when sitting as a body or
entity, upon a motion, proposal, resolution, order, or ordinance.
Therefore, I am making a motion to the Council that the Bremerton City Council delay
consideration/approval of the Mid-Year Budget to allow time for Council/Mayor and Staff to discuss the
budget and the effects on our City of the Covid-19 Virus, the consequences this situation has had on our
local businesses, and how we can support our residents/businesses to recover from this shutdown.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: N/A
Amendment No. 3 to the
Telecommunications Facilities Lease
Agreement with Seattle SMSA Limited
Partnership d/b/a Verizon Wireless
COUNCIL MEETING Date: June 3, 2020
Department: Public Works
Presenter: Melinda Monroe
Phone: (360) 473-5306
SUMMARY: This proposed lease agreement with Seattle SMSA Limited Partnership d/b/a Verizon
Wireless (SMSA) is for the existing north tower on parcel 292401-2-002-2008 located on water utility
property. SMSA has held this lease since 2009. A new lease Amendment has been negotiated with
SMSA which includes a longer term (20 years) and a prepaid fee of $40,000 in exchange for the
longer term. The conditions of the lease have been reviewed by the City’s communications
consultant and his suggestions incorporated. The agreement is substantively typical for the industry.
The longer lease term allows for a more favorable investment horizon for the lessee with the potential
for additional sub-lessees, and less administrative costs for the City. The City will also receive 25%
revenue sharing per month for sub-lessees that co-locate at the site – currently there are not any
sub-lessees. In addition, the City and American Tower recently executed a 20-year $0 lease
agreement for the placement of the City's new Flex-net system.
ATTACHMENTS: 1) Lease Amendment; 2) Original Lease; 3) Consultant Lease Recommendations
FISCAL IMPACTS (Include Budgeted Amount): This include a prepaid signing bonus of $40,000
and a monthly rent amount of $2,048.
STUDY SESSION AGENDA: ☐ Limited Presentation ☐ Full Presentation ☒ N/A
STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve Amendment No. 3 to the Telecommunications Facilities Lease Agreement with
Seattle SMSA Limited Partnership d/b/a Verizon Wireless; 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
3B
Updated
AMENDMENT NO. 3 TO THE TELECOMMUNICATIONS FACILITIES
LEASE AGREEMENT BETWEEN THE CITY OF BREMERTON AND SEATTLE
SMSA LIMITED P ARTNERSIDP D/B/ A VERIZON WIRELESS
THIS AMENDMENT NO. 3 TO THE TELECOMMUNICATIONS FACILITIES
LEASE AGREEMENT (City of Bremerton contract number 2898) entered into August 1, 2004,
is made effective as the latter signature date hereof (the "Effective Date") by and between the
City of Bremerton, a Washington municipal corporation ("City") and Seattle SMSA Limited
Partnership d/b/a Verizon Wireless ("Lessee") (City and Lessee being collectively referred to
herein as the "Parties"), for the portion of the property owned by City underlying the tower
known as the Alexander Lake-North Tower, City of Bremerton Asset number 83092 (the entire
parcel of property owned by the City, the "Property"; the portion leased to Lessee, the
"Premises"), which Property and Premises are legally described and/or depicted in Schedule A
attached hereto and incorporated herein.
RECITALS
WHEREAS, the City and Lessee (or its predecessor-in-interest) entered into that certain
Telecommunications Facilities Lease Agreement dated August 1, 2004 (as the same may have
been amended from time to time, collectively, the "Lease"); and
WHEREAS, Lessee and/or its parent, affiliates, subsidiaries and other parties identified therein,
entered into a sublease agreement with American Tower Delaware Corporation, a Delaware
corporation and/or its parents, affiliates and subsidiaries ("American Tower"), pursuant to which
American Tower subleases, manages, operates and maintains, as applicable, the Premises, all as
more particularly described therein; and
WHEREAS, Lessee has granted American Tower a limited power of attorney (the "POA'') to,
among other things, prepare, negotiate, execute, deliver, record and/or file certain documents on
behalf of Lessee, all as more particularly set forth in the POA; and
WHEREAS, the City and Lessee desire to amend the Lease to extend the term thereof and to
otherwise modify the Lease as expressly provided herein.
NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants set
forth herein and other good and valuable consideration, the receipt, adequacy, and sufficiency of
which are hereby acknowledged, the Parties hereby agree as follows:
1.Section 5 of the Lease, TERM OF LEASE, is amended by adding the following language:
"Lease Term Extended. The termination date of the initial term of this Lease shall be
extended from July 31, 2020, to July 31, 2025 (the "Initial Term"). Lessee shall have option to
renew the lease for three (3) additional terms of five (5) years each (each a "Renewal Term" and,
collectively, the "Renewal Terms"). Each Renewal Term shall automatically go into effect unless
ALEXANDER LAKE NORTH LEASE AGREEMENT AMENDMENT NO. 3 - 1
Lessee provides City with written notice of its intention not to renew the Lease at least sixty (60)
days prior to the commencement of the next Renewal Term. Additional terms of five years
beyond the Renewal Terms may be requested by Lessee under conditions in Section 12 of the
original Lease."
2.Section 10 of the Lease, COMPENSATION TO THE CITY, is deleted and replaced in its
entirety as follows:
"A. Starting on the first day of the month following the full execution of
Amendment No. 3 to the Telecommunications Facilities Lease Agreement Between the City of
Bremerton and Seattle Limited Partnership d/b/a Verizon Wireless ("Amendment No. 3") and on
the first day of each month thereafter during the term of the Lease, Lessee shall pay rent at a rate
of Two Thousand and Forty-Eight Dollars ($2,048.00) per month, prorated for any partial months.
Notwithstanding the foregoing, the City hereby acknowledges and agrees that such increase may
not be reflected in rental payments to the City until ninety (90) days after the full execution of
Amendment No. 3. Rent increases not included in payments made by the Lessee during the first
90 days after execution of Amendment No. 3 will be paid as back rent once the Lessee processes
the rent increase. The back rent shall be paid not later than December 31, 2020. Substantial
expansion of the initial configuration contained in Schedule A will result in review and possible
renegotiation of the rental rate contained herein. A substantial expansion includes but is not
limited to an enlargement of the footprint of Lessee's tower located within the Premises (the
"Tower"), the enlargement of the fenced area around the Tower, or an addition of a building.
Commencing on August 1, 2020 and on each successive annual anniversary thereof during
the term of the Lease, the monthly rent shall automatically be adjusted with a three percent (3%)
increase.
Any payments received more than five (5) days after the due date shall include a late
payment penalty of 2% of the past due amount, and such past due amount shall bear interest at the
rate of 2% for each day or part thereof such payment remains unpaid past the due date.
B. Additional Consideration. City shall be allowed, at City's sole expense, to
attach City's communication antennas or equipment to Lessee's telecommunications tower
provided City first obtains Lessee's prior written consent for such attachments. Such consent
shall not be unreasonably withheld. Lessee's approval for said attachments shall be contingent
upon determining whether Lessee's tower is properly engineered to accommodate City's antenna
system and such transmission shall not result in any impairment or diminution in the quality of
Lessee's service. Further, said approval shall be given only after Lessee has reviewed and
approved City's engineering plans for said antenna attachments in a location specified by Lessee.
Approval shall not be unreasonably withheld. Upon written approval by Lessee, said attachments
shall be installed by qualified licensed contractors and in accordance with Lessee's directives for
the method of installment and with permits issued by all applicable governmental authorities
having jurisdiction which shall first be obtained by City at its sole expense. City acknowledges
and agrees that Lessee reserves the right to relocate City's antennas at any time(s) to
accommodate modifications required for Lessee's future system requirements, provided such
relocation shall provide equivalent quality of service after such relocation.
ALEXANDER LAKE NORTH LEASE AGREEMENT AMENDMENT NO. 3 - 2
$/(;$1'(5/$.(1257+/($6($*5((0(17$0(1'0(1712
SCHEDULE$ 3523(57<
1Z 6Z 1H6HFWLRQ 7RZQVKLS1RUWK5DQJH(DVW:0,Q.LWVDS
&RXQW\:DVKLQJWRQ /HVV6H1H /HVV7D[/RW $OVR:1Z6H
/HVV7D[/RW
([FHSW7KH)ROORZLQJ3HU$XGLWRU)LOH1R 7KH1RUWKHDVW4XDUWHU2I7KH
1RUWKHDVW 4XDUWHU 6HFWLRQ 7RZQVKLS 1RUWK 5DQJH (DVW :0 ,Q .LWVDS
&RXQW\:DVKLQJWRQ
([FHSW 7KH 6RXWK 2QH(LJKWK 2I 7KH (DVW +DOI 2I 7KH 1RUWKHDVW 4XDUWHU 2f The
1RUWKHDVW4XDUWHU2I6DLG6HFWLRQ
%HLQJVLWXDWHGLQ.LWVDS&RXQW\:DVKLQJWRQ
NQRZQDV3DUFHO,'1XPEHU
$/(;$1'(5/$.(1257+/($6($*5((0(17$0(1'0(1712
SCHEDULE$ FRQWLQXHG 35(0,6(6
$/(;$1'(5/$.(1257+/($6($*5((0(17$0(1'0(1712
SCHEDULE$ FRQWLQXHG 35(0,6(6 &217,18('
$/(;$1'(5/$.(1257+/($6($*5((0(17$0(1'0(1712
SCHEDULE$ FRQWLQXHG 6LWH&RQILJXUDWLRQ
AMENDMENT NO. 2 TO TELECOMMUNICATIONS FACILITIES
LEASE AGREEMENT
BETWEEN THE CITY OF BREMERTON AND SEATTLE SMSA
LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS
CONTRACT Gold Mountain Tower Lease Parcel: 292401-2-002-2008, Lease no. 83092 COB
contract number 2898
LESSEE Seattle SMSA Limited Partnership d/b/a Verizon Wireless
DATE: August 1, 2019
THIS AMENDMENT SPECIFICALLY AMENDS THE TELECOMMUNICATIONS
FACILITIES LEASE AGREEMENT entered into between the City of Bremerton and
Seattle SMSA Limited Partnership d/b/a Verizon Wireless on August 1, 2004 and as
modified on July 31, 2009 (the "Lease"
All provisions in the Lease, as amended, shall remain in full force and effect except as expressly
modified by this document.
Whereas, Lessee and/or its parent, affiliates, subsidiaries and other parties identified therein,
entered into a sublease agreement with American Tower Delaware Corporation, a Delaware
corporation and/or its parents, affiliates and subsidiaries ("American Tower"), pursuant to which
American Tdwer subleases, manages, operates and maintains, as applicable, the property leased
by Lessee, all as more particularly described therein; and
Whereas, Lessee has granted American Tower a limited power of attorney (the "POA") to, among
other things, prepare, negotiate, execute, deliver, record and/or file certain documents on behalf of
Lessee, all as more particularly set forth in the POA; and
Whereas, the Lease, as previously amended, but without giving effect to the terms of this
Amendment, includes five-year renewal options to extend the Lease to expire on July 31, 2019 at
the latest; and
Whereas, the final option to extend the Lease has been exercised, and the parties wish to execute
a second Amendment to the Lease to extend the Lease as set forth herein; now therefore:
Section 5. Term of Lease, is modified as follows:
The termination date of the Lease is extended from July 31,
2019 to July 31, 2020.
This Amendment does not limit the City's right to bring a claim for past performance.
Contract Modification
Contract Number 2898
Rev. 07/18
Page 1 of 2
This document will become a supplement of the lease and all provisions will apply hereto. It
is understood that this Amendment shall be effective when fully executed by both parties.
The parties whose names appear below warrant that they are authorized to enter into a lease
that is binding on the parties of this Amendment. In addition, to the extent applicable, Lessee
warrants that it has or will inform the surety of this change and shall take appropriate action
to modify any bonds required under the Lease to address this change.
IN WITNESS WHEREOF, the parties have executed this Amendment, effective as of August
1, 2019.
Public Works Director, Thomas Knuckey, approved to proce ' /ffnitials
and Date)
LESSEE
Seattle SMSA Limited Partnership
d/b/a Verizon Wireless
By: American Tower Delaware Corporation,
a Delaware corporation
Its: Atto y -in -Fact
1 //17
By:
Print Name: Carol Maxima
Its:
Date: Senior Counsel, US Tower
APPROVED AS TO FORM:
By:. ^v 1.•101
ROGER A. LUBOVICH, Bremerton City Attorney
NOTICES TO BE SENT TO:
Contract Modification
Contract Number 2898
Rev. 07/18
Page 2 of 2
THE CITY OF BREMERTON
By. W
Print Na<je Greg Wheeler
Its: Mavor
Date: 0 1 20
ATTEST:
I mw
gai'mommmej
NOTICES TO BE SENT TO:
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS THAT each of the entities identified on Schedule
A" attached hereto and by this reference made a p iI hereof as a Verizon Company (collectively , the
Companies" or "Verizon Wireless") as of the Aii'' day of , 2015 does hereby make,
constitute and appoint AMERICAN TOWERS LLC, AMERICAN TOWER DELAWARE
CORPORATION, CALIFORNIA TOWER, INC. and SPECTRASITE COMMUNICATIONS, LLC
collectively, "American Tower") whose address is 116 Huntington Avenue, 1 I 1 Floor, Boston, MA 02116,
as its true and lawful attorney-in-fact in its name, place, and stead in the capacities as stated for the limited
purposes hereafter set forth, with full power and authority to do and perform all of the following functions
and to exercise all of the following powers that Verizon Wireless might or could do in connection with the
leases, licenses, easements, permits or similar agreements for the communications facilities described herein:
To negotiate, execute, deliver, purchase, take assignment of and/or record, as applicable,
any agreement reasonably required to effectuate the extension of term of possession
which may include adding or modifying other terms and provisions of such agreements
that American Tower, in its reasonable business judgment, determines are desirable or
necessary) of the existing sites governed by (a) the Alltel Sublease, (b) the ATC PV
Sublease and (c) the SSI PV Sublease (each such existing site a "Property" or collectively,
the "Properties"), together with such other documents and instruments reasonably
necessary to implement, give effect to, or provide notice with respect to, such agreements
and the subject matter thereof (such amendments, agreements or other documents and
instruments, collectively defined herein as the "POA Extension Documents"). American
Tower shall be solely responsible for any and all financial or operational obligations
created or extended by a POA Extension Document, as well as any other new obligations
operational or otherwise) created by a POA Extension Document; provided, however
that in no event shall American Tower agree to any obligation, term, provision or
condition in a POA Extension Document that will result in an adverse impact on Verizon
Wireless' ability to conduct its network operations at such Site subject to the POA
Extension Document.
1. All parties dealing with American Tower, in its capacity as attorney-in-fact hereunder, in
connection with the undersigned's affairs as described herein may fully rely upon the power and authority
of American Tower, in its capacity as attorney-in-fact hereunder, to act for the undersigned and on the
undersigned's behalf and in the undersigned's name, and may accept and rely upon POA Extension
Documents entered into by, executed by, sent, and/or delivered by American Tower, in its capacity as
attorney-in-fact hereunder.
2. Notwithstanding the foregoing, this Power of Attorney instrument shall not and does not
grant to American Tower the authority and power to enter into any amendment if the total financial
consideration for an individual Property exceeds Two Million and 00/100 Dollars ($2,000,000.00) for any
committed financial obligation.
3. This Power of Attorney shall only be revocable as provided herein, and shall be and is
effective as of the date of full execution, and shall only remain effective as to (A) the ATC PV Sublease
and the SSI PV Sublease sites, until their respective revocation or termination as set forth herein, and as to
B) each site governed by the Alltel Sublease, upon the earlier of (i) the exercise of American Tower's
purchase option for any such site, or (ii) their revocation or termination as set forth herein.
Notwithstanding the foregoing, the Parties acknowledge and agree that the POAs with respect to any
particular site shall expire upon expiration or termination of Verizon Wireless' ground interest at such
Page I of 8
Site (provided, however, that Verizon Wireless' ground interest shall not be deemed to have been
terminated for any period during which Verizon Wireless continues its operations at such Site as a
holdover tenant). This Power of Attorney may be revoked and terminated by Verizon Wireless in the
event (i) American Tower performs any acts or makes any representations not within the scope of
authority granted therein, (ii) American Tower executes any amendments, documents or other agreements
on behalf of Verizon Wireless not authorized herein, (iii) American Tower, through its exercise of it POA
or execution of a POA Extension Document impairs or impedes Verizon Wireless' ability to conduct its
network operations at a Site in a manner that cannot be or is not fully redressed by American Tower's
performance of the indemnification obligations, as determined by Verizon Wireless in its commercially
reasonable discretion, (iv) American Tower violates any applicable federal, state or local laws or
regulations in the course of its exercise of this Power of Attorney, (v) Verizon Wireless makes a good
faith determination that the continued existence of this Power of Attorney creates a conflict with any
regulatory or legal requirements governing Verizon Wireless or its affiliates, (vi) the rights under the
Alltel Sublease of any of the Verizon Wireless parties to such Alltel Sublease are assigned to any person
or entity not controlled by Verizon Communications Inc., or (vii) any of such Verizon Wireless parties
becomes controlled by a person or entity or group of persons or entities other than, and not controlling,
controlled by or under common control with, Verizon Communications Inc., or Verizon Communications
Inc. becomes controlled by a person or entity or group of persons or entities or merges or consolidates
with any other entity and such person, entity, group of persons or entities has a good faith material
business justification for requesting that Verizon Wireless revoke and terminate this Power of Attorney.
Unless terminated or revoked earlier as provided herein, this Power of Attorney shall expire on December
31, 2099.
4. Within ten (10) business days of written request therefor, Verizon Wireless hereby agree
and covenant to execute and deliver to American Tower and/or other parties designated by American
Tower, such other reasonably required documents and instruments, including, without limitation,
affidavits, certifications, confirmations, and/or other agreements, to verify and confirm that this Power of
Attorney instrument has not been revoked, rescinded, terminated, modified or amended and that this
Power of Attorney instrument is in full force and effect and/or to otherwise facilitate the closing of the
amendments. Within ten (10) business days of written request therefor, American Tower hereby agrees
and covenants to execute and deliver to Verizon Wireless and/or other parties designated by Verizon
Wireless, any reasonably required documents and instruments, including, without limitation, affidavits,
certifications, confirmations, and/or other agreements, to verify and confirm the revocation or termination
of this Power of Attorney, if applicable.
5. Verizon Wireless hereby acknowledge and agree that American Tower may derive
benefit, either directly or indirectly, tangible or intangible, or for full or nominal consideration, from or in
connection with the amendments and the closing of the same and hereby expressly agrees that nothing
contained in this Power of Attorney instrument shall prohibit or be construed or deemed to prohibit the
derivation of such benefit by American Tower,
6. American Tower, by executing this Power of Attorney instrument, hereby accepts the
foregoing appointment as attorney-in-fact for Verizon Wireless with full knowledge of the duties and
responsibilities imposed upon it.
7. This Power of Attorney and the rights of American Tower, in its capacity as attorney-in-
fact hereunder, shall be governed by the laws of the State of [insert appropriate jurisdiction].
8. This Power of Attorney instrument may be executed in several counterparts, each of
which when so executed and delivered, shall be deemed an original and all of which, when taken together,
shall constitute one and the same instrument, even though all parties are not signatories to the original or
Page 2 of 8
the same counterpart.
9. if it is later discovered by Verizon Wireless or American Tower that there are any
Properties owned or operated by legal entities other than those appearing on Schedule A hereto, the
parties agree to amend this Power of Attorney to revise Schedule A to include any such entity(ies).
Signatures commence on thefollowing page)
Page 3 of 8
IN WITNESS WHEREOF, the undersigned have caused this Power of Attorney to be duly
executed and delivered this ZAtdav of , 2015.
WITNESSES:
Signature:
Print Name: Margar Salemi
Signature: 'p-4. v , Ll
Print Name: Dwi jllVoods
STATE OF NEW JERSEY
COUNTY OF SOMERSET
COMPANIES and VERIZON WIRELESS
By: Cv" k,j /'
Name: Michael Haberman
Title: Authorized Signer, on behalf of each of the
Companies in the capacity set forth on Schedule A
ACKNOWLEDGEMENT
Be it remembered that on theday or/06 , 2015, before me, the undersigned
Notary Public, personally appeared Michael Haberman, personally known to me (or proved to me on the
basis of satisfactory evidence of identification to be the person whose name is subscribed to the within
instrument) and this person acknowledged under oath, to my satisfaction that:
a) he is the Authorized Signatory of each of the Companies in the capacity set forth on Schedule
A;
b) he is authorized to execute the attached instrument on behalf of the Companies;
c) he executed the attached instrument on behalf of and as the act of the Companies; and
d) the attached instrument was signed and made by the Companies, each as a duly authorized
and voluntary act.
Witness my hand and official seal.
a&.e -
V - &9
Notary Public
My Commission Expires:
Arlene C. Bell
Commission # 2047583 (Signatut-es continue on following page)
Notary Public, State of New Jersey
My Commission Expires
August 3, 2018
SEAL)
Page 4 oi' 8
IN WITNESS WHEREOF, t e undersigned have caused this Power of Attorney to be duly executed and
delivered this -&-day of , 2015.
WITNESSES:
r
Signature: 061----
Pri Name: itit / A
AMERICAN TOWER
By:t//wiz%/Y/1
Name: Edmund DiSadto
Title: Executive Vice President, General Counsel & Chief
Administrative Officer
ACKNOWLEDGEMENT
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF SUFFOLK
Be it remembered that on the _ly_ day of OC'' , 2015, before me, the undersigned
Notary Public, personally appeared Edmund DiSanto, personally known to me (or proved to me on the
basis of satisfactory evidence of identification to be the person whose name is subscribed to the within
instrument) and this person acknowledged under oath, to my satisfaction that:
a) he is the Executive Vice President, General Counsel & Chief Administrative Officer of the
entities described in the within instrument as American Tower;
b) he is authorized to execute the attached instrument on behalf of American Tower;
c) he executed the attached instrument on behalf of and as the act of American Tower; and
d) the attached instrument was signed and made by American Tower, each as a duly authorized
and voluntary act.
Witness my hand and official seal.
of P is
My Commission Expires:
Attachments
Schedule "A"
L}
r'' 70F MASS!
RF Ue
Page 5 o1'9
Schedule "A" To Power of Attorney
Companies Capacity of Signatory
ALLTEL COMMUNICATIONS, LLC ALLTEL COMMUNICATIONS, LLC
By: Nicola Palmer, Senior Vice President and Chief
Network Officer
CELLCO PARTNERSHIP d/b/a VERIZON CELLCO PARTNERSHIP d/b/a VERIZON
WIRELESS WIRELESS
By: Nicola Palmer, Senior Vice President and Chief
Network Officer
VERIZON WIRELESS (VAW) LLC VERIZON WIRELESS (VAW) LLC
By: Nicola Palmer, Senior Vice President and Chief
Network Officer
IAS ANGELES SMSA LIMITED PARTNERSHIP LOS ANGELES SMSA LIMITED PARTNERSHIP
By: Airl'ouch Cellular, a California Corporation, as
General Partner
By: Nicola Palmer, Senior Vice President and
Chief Network Officer
AIRTOUCH CELLULAR AIRTOUCH CELLULAR
By: Nicola Palmer, Senior Vice President and Chief
Network Officer
NEW PAR NEW PAR
By: Verizon Wireless (VAW) LLC, Its General Partner
By: Nicola Palmer, Senior Vice President and
Chicf Network Officer
COLORADO RSA NO. 3 LIMITED PARTNERSHIP COLORADO RSA NO. 3 LIMITED PARTNERSHIP
By: Verizon Wireless (VAW) LLC, Its General Partner
By: Nicola Palmer, Senior Vice President and
Chief Network Officer
SEATTLE SMSA LIMITED PARTNERSHIP SEATTLE SMSA LIMITED PARTNERSHIP
By: Cellco Partnership, Its General Partner
By: Nicola Palmer, Senior Vice President and
Chicf Network Officer
Page 6 o1'8
Companies Capacity of Signatory
SACRAMENTO VALLEY LIMITED PARTNERSHIP SACRAMENTO VALLEY LIMITED PARTNERSHIP
By: AirTouch Cellular, Its General Partner
By: Nicola Palmer, Senior Vice President and
Chief Network Officer
OMAHA CELLULAR TELEPHONE COMPANY OMAHA CELLULAR TELEPHONE COMPANY
By: Verizon Wireless (VAW) LLC, Its General Partner
By: Nicola Palmer, Senior Vice President and
Chief Network Officer
SPRINGFIELD CELLUAR TELEPHONE COMPANY SPRINGFIELD CELLUAR TELEPHONE COMPANY
By: New Par, Its General Partner
By: Verizon Wireless (VAW), LLC, Its General Partner
By: Nicola Palmer, Senior Vice President and
Chief Network Officer
REDDING MSA LIMITED PARTNERSHIP REDDING MSA LIMITED PARTNERSHIP
By: Sacramento Valley Limited Partnership, Its General
Partner
By: AirTouch Cellular, Its General Partner
By: Nicola Pahner, Senior Vice President and
Chief Network Officer
MUSKEGON CELLULAR PARTNERSHIP MUSKEGON CELLULAR PARTNERSHIP
By: Verizon Wireless (VAW) LLC, Its General Partner
By: Nicola Pahner, Senior Vice President and
Chief Network Officer
WASATCH UTAH RSA NO. 2 LIMITED WASATCH UTAH RSA NO. 2 LIMITED
PARTNERSHIP PARTNERSHIP
By: Verizon Wireless (VAW) LLC, Its General Partner
By: Nicola Palmer, Senior Vice President and
Chief Network Officer
IDAHO RSA NO. 2 LIMITED PARTNERSHIP IDAHO RSA NO. 2 LIMITED PARTNERSHIP
By: Verizon Wireless (VAW) LLC, Its General Partner
By: Nicola Palmer, Senior Vice President and
Chief Network Officer
Page 7 of 8
Companies Capacity of Signatory
IDAHO RSA 3 LIMITED PARTNERSHIP IDAHO RSA 3 LIMITED PARTNERSHIP
By: Verizon Wireless (VAW) LLC, Its General Partner
By: Nicola Palmer, Senior Vice President and
Chief Network Officer
MODOC RSA LIMITED PARTNERSHIP MODOC RSA LIMITED PARTNERSHIP
By: AirTouch Cellular, Its General Partner
By: Nicola Palmer, Senior Vice President and
Chief Network Officer
TOPEKA CELLULAR TELEPHONE COMPANY, TOPEKA CELLULAR TELEPHONE COMPANY,
INC. INC.
By: Nicola Pahner, Senior Vice President and Chief
Network Officer
ATHENS CELLULAR, INC. ATHENS CELLULAR, INC.
By: Nicola Palmer, Senior Vice President and Chief
Network Officer
ST. JOSEPH CELLTELCO ST. JOSEPH CELLTELCO
By: Verizon Wireless (VAW) LLC, Its General Partner
By: Nicola Paln er, Senior Vice President and
Chief Network Officer
Page 8 of 8
Contract Number: 2898
Vendor: SEATTLE SMSA (dba VERIZON WIRELESS)
Subject: Telecommunications Site - Alexander Lake
Department: PW Admin
File Class: LEG 16-3
Begin Date: 07/08/1987
End Date: 07/31/2009
Review Date: 06/01/2010
Vault Date:
Comments: Amendment 3/08 adds 2 additional 5 year renewal terms
Renewal upon not less than 60 or more than 120 days
notice prior to expiration of current lease
No documentation on file for renewal term
TELECOMMUNICATION S FACILITIES
LEASE AGREEMENT
AMENDMENT
The lease agreement entered into between the City of Bremerton and Seattle SMSA Limited
Partnership d/b/a Verizon Wireless effective August 1, 2004 and expiring July 31, 2009 is
modified as follows:
5. TERM OF LEASE. The initial term of the lease shall be valid for a term of five (5)
year(s) commencing August 1, 2004 and terminating July 31, 2009.
12. RENEWAL APPLICATION. Lessee shall have the right and option to renew this
lease for two (2) additional five (5) year renewal terms. If Lessee desires to renew its lease
under this Article it shall, not more than one hundred twenty (120) days nor less than sixty (60)
days before expiration of the current Lease, notify the City of its intent to renew the lease. Upon
receiving such notification, the City may request the following information if necessary:
A. Any additional information required based upon elements of the current Lease
Agreement between the City and the Lessee; and
B. All deposits or charges required pursuant to City ordinances.
C. (Intentionally deleted).
The City reserves the right to extend the review period for the renewal application if
additional information is required. Should all parties not agree to renewal terms, the current
Lease may be extended on a month-to-month basis at the sole discretion of the City.
CITY OF BREMERTON
CARY BOZEMAN, Mayor
A E S TO
d
R E A. IZUBOVICH, City Attorney
401934v1
BRE WBREMERTON
1/3/2008
Seattle SMSA Limited Partnership d/b/a Verizon
Wireless
By: Cellco Partnership, its general partner
Keith A. Surratt
West Area Vice Xresident — Network
Date: o
STATE OF
ss.
COUNTY OF )
On this day of , 200f, before me, a Notary Public in and for
the State of , personally appeared Cary Bozeman, personally known to
me (or proved to me on th basis of satisfactory evidence) to be the person who executed this
instrument, on oath stated that He/She was authorized to execute the instrument, and
acknowledged it as the Mayor of the City of Bremerton, to be the free and voluntary act and deed
of said party for the uses and purposes mentioned in the instrument.
IN Wd S`1'W IEREOF, I have hereunto set my hand and official seal the day and yeara
first abovc'0'eir.. • . /F'°
e Ak•
oMAY15, 20 10 e NOTA RY PUBL C in and forte State of
AU : residingat
BLIC•.;`O: My appointment expires
1 WA,
8Print
Name %j-/ /., e.h ru
111111 10111 L/
STATE OF ARIZONA )
SS.
COUNTY OF MARICOPA )
On this 1.4 l day of , 20j, before me, the undersigned, a Notary Public in
and for the State of Arizona, duly commissioned and sworn, personally appeared Keith A.
Surratt to me known to be an authorized representative of Cellco Partnership, General Partner of
Seattle SMSA Limited Partnership d/b/a Verizon Wireless, the partnership that executed the
foregoing instrument, and acknowledged said instrument to be the free and voluntary act and
deed of Cellco Partnership, General Partner of Seattle SMSA Limited Partnership d/b/a Verizon
Wireless, for the uses and purposes therein mentioned, and on oath stated that He is authorized to
execute the said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Janet Loebs
NOTARY PUBLIC -ARIZONA
MARICOPA COUNTY
My Commission Expires
December 24, 2010
4019341
BRE WBREMERTON
1/3/2008
Print or Type Name: JANET LOEBS
Notary Public in and for the State of AZ,
residing at MARICOPA COUNTY
My appointment expires:
2
a-
Enter search Criteria, Press Esc Key to Transmit
Press Del Key to Terminate Delete.Mode
CHANGE Contract Transactions
Contract Number 2898
endor Name
ubject
epartment
tatus Code
Comments
SEATTLE SMSA (DBA VERIZON WIRELESS)
ALEXANDER LAKE - END OF WERNER ROAD
PW&U
TEL
Insurance
Type Amount
GL $2000000.00
PROP $2000000.00
AL $2000000.00
CPI
Amount
Begin Date
End Date
Review Date
900.00
07/08/1987
07/31/2009
05/01/2009
Insurance Total $6000000.00
Insurance Review Date 09/01/2005
TELECOMMUNICATIONS FACILITIES
01741GINAL LEASE AGREEMENT
THIS LEASE AGREEMENT entered into by and between the City of Bremerton, a
municipal corporation duly organized and existing under the laws of the State of Washington, as
Lessor (hereinafter referred to as "City") and Seattle SMSA Limited Partnership d/b/a Verizon
Wireless (hereinafter referred to as "Lessee").
WITNESSETH:
1. PREMISES. The City leases to the Lessee real property located at Alexander
Lake for housing, installing, constructing, operating and maintaining certain telecommunications
facilities, legally described and/or depicted in Schedule A attached hereto and incorporated
herein ("Premises"). Lessee accepts the Premises for such purpose, subject to the considerations,
terms and conditions specified in this Telecommunications Facilities Lease Agreement
hereinafter referred to as "Lease").
2. DEFINITIONS. For the purpose of this Lease, and the interpretation and
enforcement thereof, the following words and phrases shall have the following meanings:
Person" means and includes corporations, companies, associations, joint stock
companies or associations, firms, partnerships, limited liability companies and individuals and
includes their lessors, trustees and receivers;
Public street" means any highway, street, alley or other public right of way for motor
vehicle travel under the jurisdiction and control of the City which has been acquired, established,
dedicated or devoted to highway purposes, including forest access roads;
Public way" means and includes all public streets and utility easements, as those terms
are defined herein, now or hereafter owned by the City, but only to the extent of the City's right,
title, interest or authority to grant a permit or lease to occupy and use such streets and easements
for telecommunications facilities;
Telecommunications carrier" means and includes every person that directly or
indirectly owns, controls, operates or manages plant, equipment or property within the City, used
or to be used for the purpose of offering telecommunications service;
Telecommunications facilities" means the plant, equipment and property, including but
not limited to, cables, wires, conduits, ducts, pedestals, antennae, towers, electronics, equipment
storage structures and other appurtenances used or to be used to transmit, receive, distribute,
provide, house or offer telecommunications services;
LEASE AGREEMENT - 1
BRE WEST BREMERTON
Telecommunications provider" means and includes every person who provides
telecommunications services over telecommunications facilities without any ownership or
management control of the facilities;
Telecommunications service" means the providing or offering for rent, sale or lease, or
in exchange for other value received, of the transmittal of voice, data, image, graphic and video
programming information between or among points by wire, cable, fiber optics, laser,
microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission
medium.
Utility easement" means any easement owned by the City and acquired, established,
dedicated or devoted for public utility purposes not inconsistent with telecommunications
facilities.
3. USES AND PURPOSES. Lessee shall have the use and occupancy of the.
Premises for the purpose of transmission and reception of telecommunication and signals in any
and all frequencies using real property and telecommunications facilities approved in Schedule
A. Lessee shall be responsible for adherence to all federal,. state and local regulations pertaining
to the operation of a communications facility.
Lessee shall have the right, at its expense, to erect and maintain on the Premises
improvements, personal property and facilities, as described in Schedule A after obtaining
required permits and as approved by City on the Site Plan.
City shall provide Lessee access to the Premises at all times on a twenty four hour a day;
seven day a week basis, adequate to service the Premises and the telecommunication facilities at
all times during this Lease. Lessee agrees to provide the City with a scheduling outlining the
frequency of required visits (e.g., quarterly maintenance check, monthly site cleanup, etc.)
Lessee shall provide the City with a list of all authorized individuals who will have access
to the Premises. Notification of changes to the list shall be provided to the City within 24 hours
by telephone or fax from the point of contact identified in Section 41(G), which notice shall be
followed by written notification pursuant to Section 41(G). Lessee shall be responsible for
conducting appropriate background checks of all of their employees.
Employees visiting the Premises shall be clearly identifiable as employees of the Lessee
either by uniform identification badge or marked company vehicle.
4. NON-EXCLUSIVE LEASE. Subject to the provisions of Section 7 herein, this
Lease is nonexclusive and does not preclude the City from granting a similar lease, right, license,
franchise, etc. to other carriers, providers or other persons for. telecommunications or any other
purpose.
LEASE AGREEMENT - 2
5. TERM OF LEASE. This Lease shall be valid for a term of five year(s)
commencing August 1, 2004 and terminating July 31, 2009.
6. [Intentionally Deleted]
7. INTERFERENCE WITH OTHER USERS. The Lessee acknowledges that the
City may enter into leases with other tenants for their equipment and telecommunications
facilities for the purposes of transmitting and receiving telecommunication signals from City
property. The City, however, is not in any way responsible or liable for any interference with
Lessee's use of the City property which may be caused by the use and operation of any other
tenant's equipment, even if caused by new technology. In the event that any other tenant's
activities interfere with the Lessee's use of the City property, and such use or operation was not
in existence on the date of execution of this Lease, and the Lessee cannot resolve this
interference with the other tenants, the City will, upon written request by Lessee, cause such
interfering use to cease. Lessee understands that if its use interferes with the then -existing
equipment of a prior tenant, and the interference problem cannot be cured, this Lease may be
terminated by the City pursuant to Sections 35 and 36. The Lessee shall cooperate with all other
tenants to identify the causes of and work towards the resolution of any electronic interference
problem. In addition, the Lessee agrees to eliminate any radio or television interference caused
to City -owned facilities or surrounding residences at Lessee's own expense and without
installation of extra filters on City -owned equipment. Lessee further agrees to accept such
interference as may be received from City,operated telecommunications in existence as of the
Agreement's commencement date, or other City facilities located upon the City property subject
to this Lease except those City antenna sites placed upon Lessee's facilities pursuant to Section
10 B.
8. OWNERSHIP AND REMOVAL OF IMPROVEMENTS. All landscaping
and all other improvements, except telecommunications facility, shall become the property of the
City upon expiration or termination of the Lease. In the event that the City requires removal of
such improvements after termination of the Lease, such removal shall be accomplished at the
sole expense of the Lessee and completed within 30 days after receiving notice from the City
requiring removal of the improvements. Additional time may be granted upon the discretion of
the City which approval shall not be unreasonably withheld. In the event that
telecommunications facilities or other equipment are left upon City property after expiration or
termination of the lease, they shall, at the City's option, if not removed by the Lessee upon 30
days written notice from the City, be removed and stored at the expense of Lessee. Stored
telecommunications facilities that are not claimed by the Lessee within six (6) months from
termination of the Lease shall become the property of the City.
9. CANCELLATION OF LEASE BY LESSEE.
A. All Leases are contingent upon the Lessee obtaining all necessary permits,
approvals and licenses for the proposed facilities. In the event that the Lessee is unable to obtain
LEASE AGREEMENT - 3
all such permits, approvals and licenses, it may cancel its lease, and obtain a pro rata refund in
any rents paid, without further obligation by giving 30 days prior written notice to the City.
Lessee agrees to restore City property to original condition if cancellation is requested.
B. In the event that the holder of a Lease determines that the City property is
unsuitable for its intended purpose, the Lessee shall have the right to cancel the Lease upon 180
days written notice to the City. However, no prepaid rent shall be refundable; except in the event
any changes occur with respect to the City's use of the property subsequent to the effective date
of this Lease (including but not limited to additional Lessees as permitted by the City) and such
changes result in the property becoming unsuitable for Lessee's intended purpose.
10. COMPENSATION TO THE CITY.
A. Starting on the Commencement Date and on the first day of each month
thereafter during the term of the Lease, Lessee shall pay rent at a rate of Nine Hundred Dollars
900.00) per month, prorated for any partial months. Substantial expansion of the initial
configuration contained in Schedule A will result in review and possible re -negotiation of the
rental rate contained herein.
At the beginning of each successive year thereafter, the monthly rent shall automatically
be adjusted based upon the CPI for all urban consumers, Seattle -Tacoma index (1982-84=100) as
published by Bureau of Labor Statistics for the last month for which statistics are posted prior
to the effective date above. However, rent shall not, in any case, decrease, nor shall the annual
rent increase by more than five (5) percent per year above the annual rent for the preceding year.
Any payments received after the due date shall include a late payment penalty of 2% of
the annual, rental fee for each day or part thereof past the due date.
B. Additional Consideration. City shall be allowed, at City's sole expense, to
attach City's communication antennas to Lessee's telecommunications tower provided City first
obtains Lessee's prior written consent for such attachments. Such consent shall not be
unreasonably withheld. Lessee's approval for said attachments shall be contingent upon
determining whether Lessee's tower is properly engineered to accommodate City's antenna
system and such transmission shall not result in any impairment or diminution in the quality of
Lessee's service. Further, said approval shall be .given only after Lessee has reviewed and
approved City's engineering plans for said antenna attachments in a location specified by Lessee.
Approval shall not be unreasonably withheld. Upon written approval by Lessee, said
attachments shall be installed by qualified licensed contractors and in accordance with Lessee's
directives for the method of installment and with permits issued by all applicable governmental
authorities having jurisdiction which shall first be obtained by City at its sole expense. City
acknowledges and agrees that Lessee reserves the right to relocate City's antennas at anytime(s)
to accommodate modifications required for Lessee's future system requirements, provided such
relocation shall provide equivalent quality of service after such relocation.
LEASE AGREEMENT - 4
C. Pursuant to Section 27 Lessee shall pay to the City 50% of any and all sublessee
rent for co -location on Lessee's tower.
11. AMENDMENT OF LEASE. Except as provided within the existing. Lease, a
new lease application and Lease shall be required of any telecommunications carrier or other
entity that desires to expand, modify, or relocate its telecommunications facilities or other
equipment located upon City property. If ordered by the City to locate or relocate its
telecommunications facilities or other equipment on the City property, the City shall grant a lease
amendment without further application.
12. RENEWAL APPLICATION. A Lessee that desires to renew its Lease under
this Article shall, not more than one hundred twenty (120) days nor less than sixty (60) days
before expiration of the current Lease, file an application with the City for renewal of its Lease
which shall include the following:
A. Any additional information required based upon elements of the current
Lease agreement between the City and the Lessee;
B. All deposits or charges required pursuant to City ordinances;
C. Anon -refundable application fee in the amount of Five Hundred and
No/100 Dollars ($500.00).
The City reserves the right to extend the review period for the renewal application if
additional information is required:
13. OBLIGATION TO. CURE AS A CONDITION OF RENEWAL. No Lease
shall be renewed until any ongoing violations or defaults in the Lessee's performance of the
Lease have been cured, or a plan detailing the corrective action to be taken by the Lessee has
been approved by the City.
14. IMPROVEMENTS. During the term of this Lease if Lessee wishes to
substantially expand the initial configuration contained in Schedule A, Lessee will submit a new
application to the City.
15. POLICE POWER. In accepting this Lease, the Lessee acknowledges that its
rights hereunder are subject to the legitimate rights of the police power of the City to adopt and
enforce general ordinances necessary to protect the safety and welfare of the public and it agrees
to comply with all applicable general laws enacted by the City pursuant to such power.
LEASE AGREEMENT - 5
16. INTERFERENCE WITH THE PUBLIC WAYS. The Lessee shall not locate
or maintain its telecommunications facilities so as to unreasonably interfere with the use of the
public ways by the City, by the general public or by other persons authorized to use or be present
in or upon the public ways. All such facilities which interfere with public ways shall be moved
by'the Lessee, at the Lessee's cost, temporarily or permanently, as determined by the City Public
Works and Utilities Director.
17. REPAIR AND EMERGENCY WORK. In the event of an unexpected repair or
emergency, the Lessee may commence such repair and emergency response work as required
under the circumstances, provided the Lessee shall notify the City as promptly as reasonably
possible, before such repair or. emergency work commences or as soon thereafter as possible if
advance notice is not practicable.
18. MAINTENANCE OF LEASE FACILITIES. The Lessee shall maintain its
facilities in good and safe condition and in a manner that complies with all applicable federal,
state and local requirements. Lessee shall not permit waste, damage, or injury to the premises
including any City property, public ways of the City, other ways or other property, whether
publicly or privately owned, located in, on or adjacent thereto. Lessee shall not store any
chemicals, hazardous or otherwise, in the well head protection area. Lessee shall not restrict site
access to City. City shall have the exclusive right to inspect the Lessee's telecommunications
facilities and equipment at any time during the term of this Lease to ensure, compliance with the
terms and conditions herein; Provided, however, Lessee has the right to be present at all
inspections of Lessee's telecommunications facilities and equipment, and City shall give Lessee
at least 72 hours prior notice of such intent.
19. SIGNAGE. Lessee shall display proper signage as required by the FCC as well
as current signage on telecommunication facilities identifying Lessee, address and a 24 hour
phone number. Signage shall be posted and clearly visible at all times..
20. RELOCATION OR REMOVAL OF FACILITIES. Within one hundred
eighty (180) days following written notice from the City, the Lessee shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position of any
telecommunications facilities within the public ways or upon City property whenever the City
Public Works & Utilities Director. shall have determined that such removal, relocation, change or
alteration is reasonable necessary for:
A. The construction, repair, maintenance or installation of any City or other
public improvement in or upon the public ways; and
B. The operations of the City or other governmental entity in or upon the
public ways.
LEASE AGREEMENT - 6
Additional time for removal or relocation may be granted at the discretion of the City
which extension shall not be unreasonably withheld. If Lessee fails to remove the property upon
request by the City, Lessee agrees to reimburse the City for any and all removal costs incurred by
the City.
21. REMOVAL OF UNAUTHORIZED FACILITIES. Within sixty (60) days
following written notice from the City, Lessee or any person who owns, controls or maintains on
behalf of Lessee any unauthorized telecommunications system, facility or related appurtenances
within the public ways or real property of the City shall, at its own expense, remove such
facilities or appurtenances from the public ways or property of the City. A telecommunications
system or facility is unauthorized and subject to removal in the following circumstances:
A. Upon expiration or termination of the Lessee's Lease without approved
extension or renewal;
B. Upon abandonment of a facility within the public ways or real property of
the City. Any property of a Lessee shall be deemed abandoned if left in place 60 days. after
expiration or termination of the Lease;
C. If the system or facility was constructed or installed without the prior grant
of a Lease;
D. If the system or facility was constructed or installed without the prior
issuance of a required City permits; and
E. If the system or facility was constructed or installed at a location not
permitted by the Lease.
Provided, however, that the City may; in its sole discretion, allow a Lessee, or other such
persons who may own, control, or maintain telecommunications facilities within the public ways
or property of the City to abandon such facilities in place. No facilities of any type maybe
abandoned in place without the express written consent of the. City. Any plan for abandonment
or removal of a Lessee's facilities must be first approved by the Public Works and Utilities
Director, and all necessary permits must be obtained prior to such work. Upon authorized
permanent abandonment of the property of such persons in place, the property shall become that
of the City, and such persons shall submit to the City an instrument in writing, to be approved by
the City.Attorney, transferring to the City the ownership of such property in which event, Lessee
shall have no further obligations or liability with respect to such property or facilities. The
provisions of this Section shall survive the expiration, revocation, or termination of the Lease
granted hereunder. If the City does not authorize abandonment and. Lessee fails to remove such
facilities within thirty (30) days following. notice, Lessee agrees to reimburse the City for any and
all costs incurred by the City for facilities removal.
LEASE AGREEMENT - 7
22. EMERGENCY REMOVAL OR RELOCATION OF FACILITIES. The City
retains the right and privilege to cut or move any telecommunications facilities located within the
public ways of the City and upon City property, as the City may determine to be necessary,
appropriate or useful in response to any public health or safety emergency. The City shall not be
liable. to Lessee, or any other party for any direct, indirect, or any other such damages suffered by
any person or entity of any type as a direct or indirect result of the City's actions under this
Section.
23. DAMAGE TO FACILITIES: Unless directly and proximately caused by the
negligence or willful, intentional or malicious acts by the City not otherwise authorized herein,
the City shall not be liable for any damage to or loss of any telecommunications facility upon
City property or within the public ways of the City as a result of or in connection with any public
works, public improvements, construction, excavation, grading, filling, or work of any kind on
such City property or within the public ways by or on behalf of the City.
24. RESTORATION OF PUBLIC WAYS, OTHER WAYS AND CITY
PROPERTY.
A. When the Lessee, or any person acting on its behalf, does any work in or
affecting any public ways, other ways or City property, .or when Lessee, or any person acting on
its behalf damages any public ways, other ways or City property, it shall, at its own expense,
promptly remove any obstructions therefrom and restore such ways or property to City
construction standards as adopted before the work was undertaken, unless otherwise directed by
the City. Lessee shall obtain all requisite permits for such work.
B. If weather or other conditions do not permit the complete restoration
required by this Section, the Lessee shall temporarily restore the affected ways or property. Such
temporary restoration shall be at the Lessee's sole expense and the Lessee shall promptly
undertake and complete the required permanent restoration when the weather or other conditions
no longer prevent such permanent restoration.
C. The Lessee or other person acting in its behalf shall use suitable
barricades, flags, flagmen, lights, flares and other measures as required for the safety of all
members of the general public and to prevent injury or damage to any person, vehicle or property
by reason of such work in or affecting such ways or property.
D. The Public Works and Utilities Director shall be responsible for inspection
and final approval of the condition of the public ways, other ways, and City property following
any construction and restoration activities therein. Further, the provisions of this Section shall
survive the expiration, revocation, or termination of this Lease.
LEASE AGREEMENT - 8
25. FACILITIES MAPS. The Lessee shall provide the City with a map or maps
accurately reflecting the horizontal and vertical location and configuration of all of its
telecommunications facilities within the public ways and upon City property. The Lessee shall
provide the City with updated maps upon request by the City.
26. BOOKS, RECORDS AND MAPS. All books, records, maps and other
documents, maintained by the Lessee with respect to its telecommunications facilities within the
public ways and upon City property shall be made available for inspection by the City at
reasonable times and intervals; Provided, however, that nothing in this Section shall be construed
to require the Lessee to violate state or federal law regarding subscriber privacy, nor shall this
Section be construed to require the Lessee to disclose proprietary or confidential information
without adequate safeguards for its confidential or proprietary nature.
27. LEASED CAPACITY AND CO -LOCATION. Lessee shall have the right,
with prior City approval, to sublet the premises consistent with this Lease; provided:
A. The Lessee shall furnish the City with a copy of any such proposed lease
or agreement between the Lessee and its sub -lessee;
B. The sub -lessee has complied, to the extent applicable, with the
requirements contained in this Lease; .
C. The Lessee owns and/or controls the tower facility located on City
property;
D. The City and Lessee shall agree upon additional rental fee for sub -lessee
hook-ups pursuant to Section 11.
The City encourages co -location on existing telecommunications facilities and to that end
will not unreasonably withhold approval of sub -leases.
28. UTILITIES. Electricity, HVAC and telephone service, or other utilities are to be
provided to the Premises and Site at Lessee's expense and as outlined in Schedule A. City shall
cooperate with. Lessee in obtaining utility service..
29. LICENSES AND TAXES. Upon commencement of the Lease, Lessee shall be
responsible for paying real or personal property; excise leasehold, business and occupation,
and/or other taxes or licenses which may in the future be assessed as a direct result of the
Lessee's operations at the telecommunications facilities described herein.
30. INSURANCE. The Lessee shall, as a condition of the Lease, secure and maintain
the following liability insurance policies insuring both the Lessee and the City, and its elected-
LEASE
lected
LEASE AGREEMENT - 9
and appointed officers, officials, agents, employees, representatives, engineers, consultants, and
volunteers against claims for injuries to persons or damages to property which may arise from or
in connection with the exercise of the rights, privileges, and authority granted to the Lessee:
A. Comprehensivegeneral liability insurance, written on an occurrence basis,
with limits not less than:
1) $2,000,000.00 combined single limit coverage for bodily injury
and property damage;
2) Comprehensive form premises -operations, explosions and collapse
hazard, underground hazard and products completed hazard with limits of not less than
2,000,000.00.
B. Automobile liability for owned, non -owned and hired vehicles with a
minimum limit of $2,000,000.00 for each accident;
C. Worker's compensation within statutory limits and employer's liability
insurance with limits of not less than $1,000,000.00;
D. The liability insurance policies required by this Section shall be
maintained by the Lessee throughout the term of the Lease, and such other period of time during
which the Lessee is operating without a Lease hereunder, or is engaged in the removal of its
telecommunications facilities. The. Lessee shall provide an insurance certificate designating the
City, and its elected and appointed officers, officials, agents, employees, representatives,
engineers, consultants, and volunteers as additional insureds, to the City prior to the
commencement of any work or installation of any facilities pursuant to said Lease. Any
deductibles or self-insured retentions must be declared to and approved by the City. Payment of
deductibles and self-insured retentions shall be the sole responsibility of the Lessee. The
Lessee's insurance shall be primary insurance, as respects the operations of Lessee. Any
insurance maintained by the City, its officers, officials, employees, consultants, agents, and
volunteers shall be in excess of the Lessee's insurance and shall not contribute with it in this
regard. The City shall be provided thirty (30) days advance notice of cancellation of any
coverages required in 30.A. above;
E. Within thirty (30) days after receipt by the City of said notice, and in no
event later than fifteen (15) days prior to said cancellation or intent not to renew, the Lessee shall
obtain and furnish to the City replacement insurance certificates meeting the requirements of this
Section.
31. GENERAL INDEMNIFICATION. Lessee covenants not to bring suit against
the City and hereby agrees to defend, indemnify, and hold harmless the City, its appointed and
LEASE AGREEMENT - 10
elected officers, employees, agents and volunteers from and against any and all liability, loss,
costs, damage, and expense, including costs and attorney fees in defense thereof, and including
claims by the Lessee's own employees to which the Lessee might otherwise be immune under
Title 51.RCW, because of actions, claims or lawsuits for damages resulting from personal or
bodily injury, including death at any time resulting therefrom, sustained or alleged to have been
sustained by any person or persons, and on account of damage to property, arising or alleged to
have arisen directly or indirectly out of or in consequence of the performance of this Agreement,
whether such injuries to persons or damage to property is due to the negligence of the Lessee, its
agents, employees, representatives or assigns. This provision shall be inapplicable to the extent
such damage or injury is judicially found to be caused by the sole negligence of the City. This
provision waiving immunity for claims arising out of Title 51 RCW was specifically negotiated
by the parties.
Lessee assumes the risk of damage to its facilities located in the City's public ways, rights-of-
way, easements; and property from activities conducted by City, its officers, employees,
agents, and volunteers. The Lessee releases and waives any and all claims against the City, its
officers, employees, agents, and volunteers for damage to or destruction of the Lessee's facilities
except to the extent any such damage or destruction is caused by the willful and malicious action
of the City, its officers, employees, agents, or volunteers.
32. CONSTRUCTION AND COMPLETION BOND. A performance bond written
by a corporate surety acceptable to the City equal to at least 100% of the estimated cost of
constructing the Lessee's telecommunications facilities within the public ways of the City or
upon City property shall be deposited in the event construction is commenced.
A. Except as provided below, the construction bond shall remain in force
until 60 days after substantial completion of the work, as determined.by the City, including
restoration of public ways and other property affected by the. construction.
B. The construction bond shall guarantee, to the satisfaction of the City:
1) Timely completion of construction;
2) Construction in compliance with applicable plans, permits,
technical codes, and standards;
3) Proper location of the facilities as approved by the City;
4) Restoration of the public ways and other public or private property
disrupted, damaged, or otherwise affected by the construction. The
construction bond shall warrant said restoration work for a period
of 1 year;
LEASE AGREEMENT - 11
5) The submission of `as -built' drawings after completion of the work
as required by this Chapter; and
6) Timely payment and satisfaction of all claims, demands or liens for
labor, material or services provided in connection with the work.
33. ASSIGNMENTS OR TRANSFERS OF LEASE. Ownership or control of a
Lease may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease,
merger, consolidation or other act of the Lessee, by operation of law or otherwise, without the
prior written consent of the City, which consent shall not be unreasonably withheld or. delayed,
except as expressed by ordinance and then only on such reasonable conditions as may be
prescribed therein.
A. No Lease shall be assigned or transferred in any manner within twelve (12)
months after the initial grant of the Lease, unless otherwise provided.
B. Absent extraordinary and unforeseeable circumstances, system or integral
part of a system shall be assigned or transferred before construction of the telecommunications
facility has been completed.
C. The Lessee and the proposed assignee or transferee of the system shall
provide and certify the following information to the City not less than sixty (60) days prior to the
proposed date of transfer:
1) Complete information setting forth the nature, terms and condition
of the proposed transfer or assignment;
2) Any other information reasonably required by the City; and
D. No transfer shall be approved unless the assignee or transferee has the
legal, technical, financial, and other requisite qualifications to own, hold and operate the
telecommunications facility pursuant to this Lease.
E. Unless otherwise provided in this Lease, the Lessee shall reimburse the
City for all direct and indirect costs and expenses reasonably incurred by the City in considering
a request to transfer or assign this Lease. No approval shall be deemed approved until all such
costs and expenses have been paid.
F. Any transfer or assignment of the lease, system, or integral part of a
system without prior written approval of the City under this Section or pursuant to the Lease shall
be void and is cause for revocation of the lease.
LEASE AGREEMENT - 12
G. Lessee shall make no assignment or transfer of this Agreement without
obtaining the written consent of Lessor, which consent shall not be unreasonably withheld.
H. Notwithstanding anything to the contrary herein, the City's approval
and/or consent shall not be required for an assignment of the Agreement from the Lessee to
another person or entity controlling, controlled by, or under common control with the Lessee.
34. [Intentionally Deleted]
35. REVOCATION OR TERMINATION OF LEASE. The Lease granted by the
City to use or occupy public ways of the City or City property may be terminated for the
following reasons:
A. Lessee's construction or operation in the City or in the public ways of the
City or upon City property without proper City authorization;
S. Lessee's construction or operation at an unauthorized location;
C. Unauthorized substantial transfer of control of the Lessee;
D. Unauthorized assignment of Lease;
E. Unauthorized sale, assignment or transfer of Lessee's Lease, assets, or a
substantial interest therein;
F. Misrepresentation by or on behalf of the Lessee in any application or
written statement upon which the City relies in making the decision to grant, review or amend
said Lease;
City property;
G. Abandonment of telecommunications facilities in the public ways or upon
H. Failure to relocate or remove facilities as required in this Lease;
I. Failure to pay taxes, compensation, fees or costs when and as due the City;
J. Insolvency or bankruptcy of the Lessee;
K. . Failure to construct or operate in accordance with approved permits; and
L. Violation of any material provision or term of this lease.
LEASE AGREEMENT - 13
36. NOTICE AND DUTY TO CURE. In the event that Lessee is in violation of or
defaults under the provisions of the Lease, the Lessee shall be given written notice of the
apparent violation, default or non-compliance, providing a short and concise statement of the
nature and general facts of the violation, default or non-compliance, and providing the Lessee a
reasonable period of time not exceeding 90 days to cure the violation.
37. STANDARDS FOR REVOCATION OR LESSER SANCTIONS. If the City
Council determines that a Lessee willfully violated or failed to comply with any of the provisions
of this Lease after notice is given the Lessee by the City under the provisions of this Lease, then
the Lessee shall forfeit all rights conferred hereunder and the Lease may be revoked or annulled
by the City. The City may elect, in lieu of the above and without any prejudice to any of its other
legal rights and remedies, to pursue other remedies and to recover damages and costs incurred by
the City by reason of the Lessee's failure to comply.
38. NOTICE OF ENTRY ON PRIVATE PROPERTY. If directed by the City, at
least 24 hours prior to entering private property or streets or public easements adjacent to or on
such private property to perform permitted new construction or reconstruction, a notice
indicating the nature and location of the work to be performed shall be physically posted, at no
expense to the City, upon the affected property by the Lessee. A door hanger may be used to
comply with the notice and posting requirements of this Section. The Lessee shall make a good
faith effort to comply with the property owner/resident's preferences, if any, on location or
placement of underground installations (excluding aerial cable lines utilizing existing poles and
existing cable paths), consistent with sound engineering practices. Provided, however, that
nothing in this Lease shall permit the Lessee to unlawfully enter or construct improvements upon
the property or premises of another.
39. SAFETY REQUIREMENTS. The Lessee, in accordance with applicable
federal, state, and local safety requirements shall, at all times, employ ordinary care and shall
install and maintain and use commonly accepted methods and devices for preventing failures and
accidents which are likely to cause damage, injury, or nuisance to the public and/or workers. All
structures and all lines, equipment and connections in, over, under, and upon the streets,
sidewalks, alleys, and public. ways or places of a Lease area, wherever situated or located, shall at
all times be kept and maintained in a safe, suitable condition, and in good order and repair. The
City reserves the general right to see that the telecommunications facility of the Lessee is
constructed and maintained in a safe condition. If a violation of the National Electrical Safety
Code or other applicable regulation is found to exist by the City, the City will, after discussions
with the Lessee, establish a reasonable time for the Lessee to make necessary repairs. If the
repairs are not made within the established time frame, the City may make the repairs itself or
have them made and collect all reasonable costs thereof from the Lessee.
LEASE AGREEMENT - 14
40. LIENS. Lessee shall not permit any lien to be imposed upon the property of the
City as a result of work done by or on behalf of user and shall indemnify and hold the City
harmless against any and all expenses, including reasonable attorney's fees and court costs in
connection with any such lien.
41. MISCELLANEOUS.
A. This agreement shall be governed by the laws of the State of Washington.
B. The substantially prevailing party in any litigation arising hereunder shall
be entitled to its reasonable attorney's fees and court costs, including appeals, if any.
C. Each party agrees to furnish the other, within thirty (30) days after request,
such truthful estoppel information as the other may reasonably request.
D. This Lease constitutes the entire agreement and understanding of the
parties, and supersedes all offers, negotiations and other agreements. There are no
representations or understandings of any kind not set forth herein. Any amendments to said
Lease must be in writing and executed by.both parties.
E. If either party is represented by a real estate broker in this transaction, that
party shall be fully responsible for any fee due such broker.
F. If any term of this Lease is found to be void or invalid, such invalidity
shall not affect the remaining terms of this Lease, which shall continue in full force and effect.
G. Any notice or demand required to be given herein shall be made by
certified or registered mail, return receipt requested, to the address of the respective parties set
forth below:
LESSOR:
City of Bremerton
Attn: Public Works & Utilities
Administrative Manager
3027 Olympus Drive
Bremerton, WA 98310-4799
LESSEE:
Seattle SMSA Limited Partnership
d/b/a Verizon Wireless
Attn: Network Real Estate
180 Washington Valley Road
Bedminster NJ, 07921
The individuals identified in this paragraph shall be the specific point of contact for each party
regarding all topics. Any change to this point of contact shall be delivered to the other party in
writing by certified or registered mail, return receipt requested. All payments will be sent to the
City Finance Office at 345 6ffi Street, Bremerton, WA 98337.
LEASE AGREEMENT - 15
H. The City agrees to execute a Memorandum of this Lease Agreement which
Lessee may record with the appropriate Recording Officer. The date set forth in.the Memorandum
of Lease is for recording purposes only and bears no reference to commencement of either term or
rent payments.
42. FIRE PRECAUTIONS. Lessee will ensure that all Forest Protection
Regulations and Fire Precaution Levels (1FPLs) are observed during closed season (April 15 —
October 15). Lessee shall be responsible for checking IFPLs and keeping activities within those
allowed for a specific IFPL. Washington State Department of Natural Resources regulates forest
land activities and provides daily IFPLs vial telephone and the internet.
43. NONDISCRIMINATION. Lessee shall not discriminate in employment or
services to the public on the basis of race, color, national origin, sex, religion, age, marital status
or disability, except employment actions based on a bona fide occupational qualification.
Date:
Date:
APPROVED AS TO FORM:
ROG R A. LUBOVICH,ttorney
LEASE AGREEMENT - 16
LESSEE
Seattle SMSA Limited Partnership
d/b/a Verizon Wireless
By: Cellco Partnership , its general partner
By:
Name: Craig L. Frost
Title: Executive Director -Area Network Planning, as delegatee for
Richard J. Lynch -Executive Vice President and
Chief Technical Officer
CITY
CARY BOZEMAN, Mayor
PARTNERSHIP ACKNOWLEDGMENT
STATE OF ARIZONA )
SS.
COUNTY OF MARICOPA )
On this c;25 day of, 2005, before me, the undersigned, a Notary
Public in and for the State o Arizona, duly commissioned and sworn, personally
appeared Craig L. Frost to me known to be an authorized representative of Cellco
Partnership, General Partner to Seattle SMSA Limited Partnership, d/b/a Verizon
Wireless that executed the foregoing instrument, and acknowledged said instrument to be
the free and voluntary act and deed of Cellco Partnership, General Partner to Seattle
SMSA Limited Partnership, d/b/a Verizon Wireless, for the uses and purposes therein
mentioned, and on oath stated that he/she is authorized to execute the said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
0FF10,ALSEAL Print or Type Name: JANET LOEBS
JANET LOESS NotaryPublic in and for the State of AZ, residing atNOTARYPUBLIC-ARIZONA g
MARICOPA COUNTY WRICOPA COUNTY
My Comm. Expires Dec. 24, 2006
My appointment expires: DEC. 24, 2006
STA. OF ARIZONA )
SS.
COUNTY O ARICOPA )
On this day of , 20 - , before me, the undersigned, a Notary
Public in and for the Stat f Arizona, duly commissioned and sworn, personally appeared
Robert F. Swaine to me kno to be an authorized representative of Cellco Partnership, general
partner of Seattle SMSA Limite artnershi d/b/a Verizon Wireless the limited partnership that
executed the foregoing instrument, acknowledged said instrument to be the free and
voluntary act and deed of Cellco PartnerWD. eneral partner of Seattle SMSA Limited
Partnership d/b/a Verizon Wireless for the es and purposes therein mentioned, and on oath
stated that He is authorized to execute the said i rument.
IN WITNESS WHEREOF, I have hereunto set hand and affixed my official seal the
day and year first above written.
Print or Type Name:
Notary Public in and for the State of AZ,
residing at
My appointment expires:_
State of Washington )
ss.
County of Kitsap )
On this Za?tb_ day of , f$QjQc65, personally appeared Cary Bozeman
to me known to be the Mayor o the City of Bremerton, a municipal corporation, that executed
the within and foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said municipal corporation, for the uses and purposes therein
mentioned, and on oath stated that the was authorized to execute said instrument.
In witness whereof I have hereunto set my hand and affixed my official seal the day andyearfirst
0000
LEASE AGRF,F.M 1~""i
Notary P lic i and for the S to of Washington
Residing at
My commission expires:
SCHEDULE A BREWESTBREM-1. 1/3
2, I
0 4M
I 1
I
Note: Access to the site is via existing logging.roads all
of which are located on City of Bremerton property.
LEGAL DESCRIPTION
THAT PORTION OF SECTION 29, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M. KITSAP COUNTY, WASHINGTON DESCRIBED AS FOLLOWS:
COMMENCING RT THE - NORTHERST CORNER OF -SAID SECTION 29; THENCE SOUTH8002S'27" WEST (BEARINGS. BASED ON TRUE NORTH) 2534.19 FEET TO THE TRUEPOINTOFBEGINNING; THENCE NORTH 23024'00" EAST 60.00. FEET: THENCENORTH66036'00" WEST 50.00 FEET; THENCE. SOUTH 23024'00" WEST 60.00FEET; THENCE SOUTH 66036'00" EAST 50:00 FEET TO THE POINT OF BEGINNING.
CONTAINING 3000 SQUARE FEET MORE OR LESS.
r f
f
RECEIVED FOR FILING:
PAULA JOHNSTON, City Clerk
MemoranNOMd a Agreement
Grantor: City of Bremerton
Grantee: Seattle SMSA Limited Partnership.
d/b/a Verizon Wireless
Legal Description: S29, T24N, RIE, W.M., Kitsap County, State of
Washington
Official legal description as Exhibit "A"
Assessor's Tax Parcel ID#: aQo?101 2-o QL18
Reference # (if applicable): N/A
LEASE AGREEMENT - 18
MEMORANDUM OF TELECOMMUNICATIONS FACILITIES LEASE AGREEMENT
THIS MEMORANDUM OF TELECOMMUNICATIONS FACILITIES LEASE.
AGREEMENT evidences that a Land Lease Agreement ("Agreement") was entered into as of
AWby and between the City of Bremerton ("Lessor"), and Seattle SMSA
Limited Partnership d/b/a Verizon Wireless ("Lessee"), for certain real property located at S29,
T24N, R1E, W.M., in the County of Kitsap, State of Washington, within the property of Lessor
which is described in Exhibit "A" attached hereto ("Legal Description"), together with a right of
access and to install and maintain utilities, for a term of five (5) years commencing as provided
for in the Agreement.
IN WITNESS WHEREOF, Lessor and Lessee have duly executed this Memorandum of
Telecommunications Facilities Lease Agreement as of the day and year last written below.
LESSOR: City of Br
By:
Cary Bo man, Mayor
Date:
LESSEE: Seattle SMSA Limited Partnership d/b/a Verizon Wireless.
By: Cellco Partnership, its general partner
By:i
Name: Craig L. Frost
Title: Executive Director -Area Network Planning, as delegatee for
Richard J. Lynch -Executive Vice President and
Chief Technica ffi ers
Date
Exhibit "A" - Legal Description
LEASE AGREEMENT 19
LESSOR ACKNOWLEDGEMENT
State of Washington )
ss.
County of Kitsap )
On this /,2&J day of f0,20&, personally appeared Cary Bozeman
to me known to be the Mayor o e City of Bremerton, a municipal corporation, that executed
the within and foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said municipal corporation, for the uses and purposes therein
mentioned, and on oath stated that she was authorized to execute said instrument.
In witness whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
w a 4 5
Y
jj ,
r*
31
q
LEASE AGREEMENT - 20
Notary Pidilic in and for the Sta of Washington
Residingat e
My commission expires:
PARTNERSHIP ACKNOWLEDGMENT
STATE OF ARIZONA )
SS.
COUNTY OF MARICOPA )
On this 25 day of —, 2005, before me, the undersigned, a Notary
Public in and for the State of Arizona, duly commissioned and sworn, personally
appeared Craig L. Frost to me known to be an authorized representative of Cellco
Partnership, General Partner to Seattle SMSA Limited Partnership d/b/a Verizon
Wireless that executed the foregoing instrument, and acknowledged said instrument to be
the free and voluntary act and deed of Cellco Partnership, General Partner to Seattle
SMSA Limited Partnership d/b/a Verizon Wireless, for the uses and purposes therein
mentioned, and on oath stated that he/she is authorized to execute the said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
C3 4_"
OFFIEI,%§g
Print or Type Name: JANET LOEBS
JANET LOESS Notary Public in and for the State of AZ, residing atNOTARYPUBLIC -ARIZONA
MARICOPA COUNTY MARICOPA COUNTY
My Comm. Expires Dec. 24, 2006 My appointment expires: DEC_ 24, 2006
EXHIBIT "A"
LEGAL DESCRIPTION
See Attached
LEASE AGREEMENT - 22
I
EXHIBIT A BREWESTBREM-1.
l
t I NOQTH
J I
Note: Access. to -the site is via existing logging'.roads all
of which are located on City of Bremerton property.
LEGAL DESCRIPTION
THAT PORTION OF SECTION 29, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M. KITSAP COUNTY, WASHINGTON DESCRIBED AS FOLLOWS:
COMMENCING AT THE - NORTHERST CORNER OF -SAID SECTION 29: THENCE SOUTH8002527WEST (BEARINGS. BASED .ON TRUE NORTH) 2534.19 FEET TO THE TRUEPOINTOFBEGINNING: THENCE NORTH 23024'00" EAST 60.00. FEET: THENCENORTH66436'00" WEST 50.00 FEET: THENCE. SOUTH 23024'00" WEST 60.00FEET., THENCE SOUTH 66036'00" EAST 50:00 FEET TO THE POINT OF BEGINN-ING.
CONTAINING 3000 SOUR -RE FEET MORE OR LESS.
Page 1 of 3
FIFO Networks
PO Box 497
Lincoln City, OR 97367
Phone 541-614-0906
http://www.fifonetworks.com
Lease Recommendation
for
Kitsap Lake / Alexander Lake - East (American Tower – North)
American Tower Asset Number: 83092
American Tower Asset Name: West Bremerton
Background (and Executive Summary)
American Tower Corporation (ATC) operates a telecommunications tower on a hilltop east of
Alexander Lake in Kitsap County, Washington. The property is owned by the City of Bremerton.
ATC leases the land from the City, and the lease is up for renewal. Verizon Wireless is ATC’s only
tenant on this tower.
ATC has proposed several new lease options with various conditions. For example, some of the
proposals included large up-front payments, with subsequent monthly or annual payments for a
period of years, but then payments would terminate, and ATC would still be in control of the
telecommunications site for many years after cessation of payments. Other proposals were for
exceptionally long periods of time, including in perpetuity.
On November 8, 2019, ATC sent a letter offering terms of a lease extension that still includes an up-
front bonus payment to the City, includes continuous payments for as long as the lease is in effect,
and terminates within a reasonable period of time.
As the City’s wireless consultant, I recommend that the City accept this most recent offer for several
reasons, shown below.
ATC’s Offer
ATC’s offer, referred to in the letter of 11/8/2019 as “Proposal #1,” is as follows:
1. $40,000 one-time signing bonus, payable within 30 days of full execution of an amendment;
2. Rent to increase to $2,048 per month beginning with the first payment following the full
execution of an amendment;
3. Rent to escalate by 3% per year, commencing August 1, 2020;
4. Revenue share revised to 25% of revenue received from additional co-locators;
5. Four (4) additional lease periods of five (5) years each, commencing August 1, 2020.
Reasons to Accept
Refer to Item #1. A signing bonus, or up-front payment, was formerly an unusual feature in a
telecommunications site lease. In the last few years most of the major tower management companies
have adopted this strategy because (1) the tower management business has became more competitive,
and (2) landowners have exhibited some resistance to create or renew telecommunications site leases.
Page 2 of 3
FIFO Networks
PO Box 497
Lincoln City, OR 97367
Phone 541-614-0906
http://www.fifonetworks.com
Refer to Item #2. The City has been receiving fair and competitive compensation for this site under
the existing lease. Mountain-top sites like this one will ultimately become less valuable as 5G and
newer technologies are deployed and become widespread. However, for the next several years, a
semi-rural site like Alexander Lake will continue to hold value. The competitive pressure for carriers
like Verizon Wireless to maintain a market presence with 4G technologies works in the City’s favor,
and so ATC is motivated to incentivize the City to renew the lease with a higher monthly rental rate.
Refer to Item #3. Annual rent adjustments in telecommunications site leases are the norm. There are
two different ways the rent adjustment is typically included. One method is to tie the rent adjustment
to a recognized cost-of-living index or inflation index. A disadvantage of this variable rate adjustment
is that sometimes the rent goes down. ATC has agreed to the other method: a fixed annual rent
increase. This method guarantees that the City won’t experience a loss of revenue against projected
income.
Refer to Item #4. The current lease specifies revenue sharing at fifty percent. In other words, if other
tenants in addition to Verizon Wireless had leased space on the tower from ATC, fifty percent of the
additional revenue would be payable to the City. This is well above the industry standard rate for
tower revenue sharing. Tower management companies bear all costs associated with upkeep and
maintenance of the site, and all marketing and advertising costs. They usually keep a larger
percentage of the revenue to cover those costs. Many leases around the country contain no provision
for the landlord to receive any revenue sharing at all. There are several things to consider here:
1. ATC is offering an increase in the base monthly rental rate.
2. In more than ten years, there have been no new tenants on this site.
3. A fifty percent revenue sharing agreement is higher than average.
4. A twenty-five percent revenue sharing agreement is consistent with the national average.
5. Many leases don’t have any revenue sharing at all.
Therefore, ATC’s proposed change to the revenue sharing percentage in the lease is reasonable.
Refer to Item #5. The lease includes an initial term of five years. One of ATC’s earlier proposals
asked for six additional lease periods of five years each. The initial term and six additional lease
periods totals thirty-five years. The current offer, in response to the City’s concerns about the length
of the commitment, has been reduced to four additional lease periods of five years each. The initial
term and four additional lease periods totals twenty-five years. The twenty-five year offer is a
compromise between both parties. ATC wants to have a lease that lasts as long as possible, because
the telecommunications carriers like to have some assurance that their investment will be secure. If
the lease were to expire too soon, no carrier would be motivated to build on the site. The City, on the
other hand, recognizes that it can’t accurately predict land use needs thirty-five years from now, and
so would prefer a shorter lease.
Page 3 of 3
FIFO Networks
PO Box 497
Lincoln City, OR 97367
Phone 541-614-0906
http://www.fifonetworks.com
Summary and Recommendation
1. The signing bonus provides an immediate financial benefit to the City.
2. ATC is motivated to maintain their existing site rather than spend the money to build a new
site somewhere else, and has offered an increase in the rental rate compared to the former
lease. Their offer is pleasantly competitive.
3. ATC has agreed to a fixed annual rent increase, which protects the City from the possibility of
rent decreases based on fluctuating economic metrics.
4. ATC has requested a decrease in the proposed revenue sharing rate, from fifty percent to
twenty-five percent. Their request has merit, and is reasonable compared to nationwide
averages. Also, it is possibly irrelevant, since they haven’t added a tenant to this site in over
ten years.
5. The compromise extension of four additional lease periods of five years each gives the City
the ability to maneuver in long-term planning, while giving ATC the ability to offer security
to wireless tenants.
For these reasons, I recommend that the City of Bremerton accept ATC’s offer known as “Proposal
#1,” offered in its letter dated November 8, 2019.
Prepared by:
Bob Young
December 6, 2019
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: N/A
Amendment No. 1 to the Lease Agreement
with Iglesia Pentecostal Vispera Del Fin for
the KBRO Broadcast Facility Site located at
Forest Ridge Park
COUNCIL MEETING Date: June 3, 2020
Department: Public Works
Presenter: Melinda Monroe
Phone: (360) 473-5306
SUMMARY: This proposed lease amendment extends the agreement that supports the KBRO tower
site located at Forest Ridge Park and has provided broadcasting in this area since 2000. Iglesia
Pentecostal Vispera Del Fin has requested to extend the lease and has been operating and
maintaining the station and radio tower successfully. The broadcast facility was formerly owned by
Seattle Streaming Radio and during the term of the agreement was purchased by Iglesia Pentecostal
Vispera Del Fin. This amendment reflects the assignment of lease to Iglesia Pentecostal Vispera Del
Fin and extends the term for five (5) years with an optional five (5) year renewal. This amendment
maintains the annual increase by CPI and the rent sharing agreement rate of 50%.
ATTACHMENTS: 1) Lease Amendment and Consent to Assignment; 2) Original Lease
FISCAL IMPACTS (Include Budgeted Amount): Maintain current budget projections for 2020 and
adds $12,508 annually to the benefit of the City.
STUDY SESSION AGENDA: ☐ Limited Presentation ☐ Full Presentation ☒ N/A
STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the Lease Amendment for the Broadcast Facilities site with Iglesia Pentecostal
Vispera Del Fin; 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
3C
Contract Number:4022
Vendor:SEATTLE STREAMING RADIO LLC
Subject:Telecomm Facility - Forest Ridge Park
Department:PW Admin
File Class:LEG 12 -1
Begin Date:7/1/2010
End Date:6/30/2020
Review Date:5/1/2020
Vault Date:
Comments:10 yr term
COMMERCIAL BROADCAST FACILITY
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into by and between the City of Bremerton, a
municipal corporation duly organized and existing under the laws of the State of Washington, asLessor (hereinafter referred to as "City ") and Seattle Streaming Radio, LLC (hereinafter referredtoas "Lessee ").
WITNESSETH:
1.PREMISES. The City leases to the Lessee real property located at the tower and
equipment site at Forest Ridge Park for housing, installing, constructing, operating and
maintaining certain commercial broadcast facilities, legally described and/or depicted inScheduleA ( "Premises "). Lessee accepts the Premises for such purpose, subject to the
considerations, terms and conditions specified in this Commercial Broadcast Facility LeaseAgreement (hereinafter referred to as "Lease ").
2.DEFINITIONS. For the purpose of this Lease, and the interpretation and
enforcement thereof, the following words and phrases shall have the following meanings:
Commercial broadcast facility" means the plant, equipment and property, includingbutnotlimitedto, cables, wires, conduits, ducts, pedestals, antennae, towers, electronics,
equipment storage structures and other appurtenances used or to be used to transmit, distribute,provide, house or offer commercial broadcast services;
Person" means and includes corporations, companies, associations, joint stock
companies or associations, firms, partnerships, limited liability companies and individuals andincludestheirlessors, trustees and receivers;
Public street" means any highway, street, alley or other public right of way for motor
vehicle travel under the jurisdiction and control of the City which has been acquired, established,dedicated or devoted to highway purposes, including forest access roads;
Public way" means and includes all public streets and utility easements, as those terms
are defined herein, now or hereafter owned by the City, but only to the extent of the City's right,title, interest or authority to grant a permit or lease to occupy and use such streets and easementsfortelecommunicationsfacilities;
Telecommunications carrier" means and includes every person that directly orindirectlyowns, controls, operates or manages plant, equipment or property within the City, used
or to be used for the purpose of offering telecommunications service;
LEASE AGREEMENT - I
Telecommunications facilities" means the plant, equipment and property, including but
not limited to, cables, wires, conduits, ducts, pedestals, antennae, towers, electronics, equipment
storage structures and other appurtenances used or to be used to transmit, receive, distribute,provide, house or offer telecommunications services;
Telecommunications provider" means and includes every person who provides
telecommunications services over telecommunications facilities without any ownership or
management control of the facilities;
Telecommunications service" means the providing or offering for rent, sale or lease, or
in exchange for other value received, of the transmittal of voice, data, image, graphic and video
programming information between or among points by wire, cable, fiber optics, laser,
microwave, radio, satellite or similar facilities, with or without benefit of any closed transmissionmedium.
Utility easement" means any easement owned by the City and acquired, established,
dedicated or devoted for public utility purposes not inconsistent with telecommunicationsfacilities.
3.USES AND PURPOSES. Lessee shall have the use and occupancy of the
Premises for the purpose of transmission and reception of commercial broadcast signals in anyandallfrequenciesusingrealpropertyandbroadcastfacilitiesapprovedinScheduleA. Lessee
shall be.responsible for adherence to all federal, state and local regulations pertaining to theoperationofacommercialbroadcastfacility.
Lessee shall have the right, at its expense, to erect and maintain on the Premises
improvements, personal property and facilities, as described in Schedule A after obtainingrequiredpermitsandasapprovedbyCityontheSitePlan.
City shall provide Lessee access to the Premises at all times adequate to service the
Premises and the commercial broadcast facilities at all times during this Lease. Lessee agrees to
provide the City with a scheduling outlining the frequency of required visits (e.g., quarterlymaintenancecheck, monthly site cleanup, etc.)
Lessee shall provide the City with a list of all authorized individuals who will have access
to the Premises. Notification of changes to the list shall be provided to the City within 24 hours
by telephone or fax from the point of contact identified in Section 41(F), which notice shall be
followed by written notification pursuant to Section 41(F). Lessee shall be responsible for
conducting appropriate background checks of all of their employees.
LEASE AGREEMENT - 2
F nployees visiting the Premises shall be clearly identifiable as employees of the Lessee
either by uniform identification badge or marked company vehicle.
4.NON - EXCLUSIVE LEASE. This Lease is nonexclusive and does not preclude
the City from granting a similar lease, right, license, franchise, etc. to other carriers, providers or
other persons for telecommunications or any other purpose.
5.TERM OF LEASE. This Lease shall be valid for a term of ten ear s
commencing July 1 2010 and terminating June 30 2020
6.RIGHTS GRANTED. This Lease does not convey any right, title or interest in
the City property, but shall be deemed the right only to use and occupy the City property for the
limited purposes and term stated in the Lease. Further, this Lease shall not be construed as anywarrantyoftitle.
i
7•INTERFERENCE WITH OTHER USERS. The Lessee acknowledges that theCitymayenterintoleaseswithothertenantsfortheirequipmentandtelecommunications
facilities for the purposes of transmitting and receiving telecommunication signals from City
property. The City, however, is not in any way responsible or liable for any interference with
Lessee's use of the City property which may be caused by the use and operation of any other
tenant's equipment, even if caused by new technology. In the event that any other tenant's
activities interfere with the Lessee's use of the City property, and such use or operation was notinexistenceonthedateofexecutionofthisLease, and the Lessee cannot resolve this
interference with the other tenants, the City will, upon written request by Lessee, cause such
interfering use to cease. Lessee understands that if its use interferes with a prior tenant, and the
interference problem cannot be cured, this Lease may be terminated by the City pursuant to
Sections 34 and 35. The Lessee shall cooperate with all other tenants to identify the causes of
and work towards the resolution of any electronic interference problem. In addition, the Lessee
agrees to eliminate any radio or television interference caused to City -owned facilities or
surrounding residences at Lessee's own expense and without installation of extra filters on City-owned equipment. Lessee further agrees to accept such interference as may be received from
City operated telecommunications or other City facilities located upon the City property subjecttothisLeaseexceptthoseCityantennasitesplaceduponLessee's facilities pursuant to Section10. B.
8•OWNERSHIP AND REMOVAL OF IMPROVEMENTS. All buildings,landscaping and all other improvements, shall become the property of the City upon expiration orterminationoftheLease. In the event that the City requires removal of such improvements after
termination of the Lease, such removal shall be accomplished at the sole expense of the Lessee
and completed within 30 days after receiving notice from the City requiring removal of the
improvements. Additional time may be granted upon the discretion of the City which approvalshallnotbeunreasonablywithheld. In the event that telecommunications facilities or other
LEASE AGREEMENT - 3
equipment are left upon City property after expiration or termination of the lease, they shall, at
the City's option, if not removed by the Lessee upon 30 days written notice from the City, beremovedandstoredattheexpenseofLessee. Stored telecommunications facilities that are not
claimed by the Lessee within six (6) months from termination of the Lease shall become thepropertyoftheCity.
9•CANCELLATION OF LEASE BY LESSEE.
A.All Leases are contingent upon the Lessee obtaining all necessary permitsapprovalsandlicensesfortheproposedfacilities. In the event that the Lessee is unable to obtain
all such permits, approvals and licenses, it may cancel its lease, and obtain a pro rata refund in
any rents paid, without further obligation by giving 30 days prior written notice to the City.Lessee agrees to restore City property to original condition if cancellation is requested.
B.In the event that the holder of a Lease determines that the City property isunsuitableforitsintendedpurpose, the Lessee shall have the right to cancel the Lease upon 180dayswrittennoticetotheCity. However, no prepaid rent shall be refundable; except in the eventanychangesoccurwithrespecttotheCity's use of the property subsequent to the effective date
of this Lease (including but not limited to additional Lessees as permitted by the City) and suchchangesresultinthepropertybecomingunsuitableforLessee's intended purpose.
10. COMPENSATION TO THE CITY.
A. This Lease is subject to the City's right, which is expressly reserved, to
annually fix a fair and reasonable compensation to be paid for the rights granted to the Lessee;
starting on the Commencement Date and on the first day of each month thereafter during the termoftheLease, Lessee shall pay rent at a rate of $750.00 per month prorated for any partialmonths. Substantial expansion of the initial configuration contained in Schedule A will result inreviewandpossiblere- negotiation of the rental rate contained herein.
At the beginning of each successive year thereafter, the monthly rent shall automatically
be adjusted based upon the CPI for all urban consumers, Seattle - Tacoma index (1982 -84 =100) aspublishedbytheBureauofLaborStatisticsforthelastmonthforwhichstatisticsarepostedpriortotheeffectivedateabove. However, rent shall not, in any case, decrease, nor shall the annual
rent increase by more than five (5) percent per year above the annual rent for the preceding year.
Any payments received after the due date shall include a late payment penalty of 2% oftheannualrentalfeeforeachdayorpartthereofpasttheduedate.
B.Additional Consideration. City shall be allowed, at City's sole expense, toattachCity's communication antennas to Lessee's telecommunications tower provided City firstobtainsLessee's prior written consent for such attachments. Such consent shall not be
unreasonably withheld. Lessee's approval for said attachments shall be contingent upon
LEASE AGREEMENT - 4
determining whether Lessee's tower is properly engineered to accommodate City's antenna
system and such transmission shall not result in any impairment or diminution in the quality of
Lessee's service. Further, said approval shall be given only after Lessee has reviewed and
approved City's engineering plans for said antenna attachments in a location specified by Lessee.
Approval shall not be unreasonably withheld. Upon written approval by Lessee, said
attachments shall be installed by qualified licensed contractors and in accordance with Lessee's
directives for the method of installment and with permits issued by all applicable governmental
authorities having jurisdiction which shall first be obtained by City at its sole expense. City
acknowledges and agrees that Lessee reserves the right to relocate City's antennas at any time(s)
to accommodate modifications required for Lessee's future system requirements, provided suchrelocationshallprovideequivalentqualityofserviceaftersuchrelocation.
C.Rent Adjustment. On the fifth annual anniversary date of theCommencementDateoftheLease ( "Rent Adjustment Date ") the City may adjust the rent due
under the Lease in accordance with the following procedure:
If the City chooses to adjust the rent, the Rent for'the remainder of the Lease term
commencing on the Rent Adjustment Date shall be the Fair Market Rental Value. The term "Fair
Market Rental Value" shall be the rental rate that comparable space for a wireless
telecommunications facility (in terms of quality of location for a similar facility in a similar
location) would command on the open market at the time of Rent Adjustment Date. Such
amount shall be determined jointly by the City and Lessee through good faith negotiations. If the
City determines that a rent adjustment is warranted, it shall so notify Lessee in writing no earlier
than one hundred eighty (180) days prior to the Rent Adjustment Date and no later than one
hundred twenty (120) days prior to such date of the rental amount it proposes to commence on
that date. Lessee shall respond in writing no later than thirty (30) days from receipt of the City'snoticebyacceptingtheproposedrentamountorifitdeterminesthattheproposedrentis
unsatisfactory, it shall propose a suitable rental amount. The City and Lessee shall thereafter
make a good faith and diligent effort to agree on the rent adjustment amount no later than thirty30) days after receipt by the City of Lessee's proposed rent adjustment.
D.Pursuant to Section 27 Lessee shall pay to the City 50% of any and all sublessee
rent for co- location on Lessee's tower.
11. AMENDMENT OF LEASE. Except as provided within the existing Lease, anewleaseapplicationandLeaseshallberequiredofanytelecommunicationscarrierorother
entity that desires to expand, modify, or relocate its telecommunications facilities or other
equipment located upon City property. If ordered by the City to locate or relocate its
telecommunications facilities or other equipment on the City property, the City shall grant a leaseamendmentwithoutfurtherapplication.
12• RENEWAL APPLICATION. A Lessee that desires to renew its Lease under
this Article shall, not more than one hundred twenty (120) days nor less than sixty (60) days
LEASE AGREEMENT - 5
before expiration of the current Lease, file an application with the City for renewal of its Lease
which shall include the following:
A.Any information required by the City of Bremerton;
B.Any additional information required based upon elements of the current
Lease agreement between the City and the Lessee;
C.All deposits or charges required pursuant to City ordinances;
D.A non - refundable application fee in the amount of Five hundred and
No/ 100 Dollars ($00.00).
The City reserves the right to extend the review period for the renewal application ifadditionalinformationisrequired.
13. OBLIGATION TO CURE AS A CONDITION OF RENEWAL. No Lease
shall be renewed until any ongoing violations or defaults in the Lessee's performance of the
Lease have been cured, or a plan detailing the corrective action to be taken by the Lessee has
been approved by the City.
14. IMPROVEMENTS. During the term of this Lease if Lessee wishes to
substantially expand the initial configuration contained in Schedule A, Lessee will submit a new
application.
15. POLICE POWER. In accepting this Lease, the Lessee acknowledges that its
rights hereunder are subject to the legitimate rights of the police power of the City to adopt and
enforce general ordinances necessary to protect the safety and welfare of the public and it agrees
to comply with all applicable general laws enacted by the City pursuant to such power.
16. INTERFERENCE WITH THE PUBLIC WAYS. The Lessee shall not locate
or maintain its telecommunications facilities so as to unreasonably interfere with the use of the
public ways by the City, by the general public or by other persons authorized to use or be presentinoruponthepublicways. All such facilities which interfere with public ways shall be moved
by the Lessee, at the Lessee's cost, temporarily or permanently, as determined by the City PublicWorksandUtilitiesDirector.
17. REPAIR AND EMERGENCY WORK. In the event of an unexpected repair or
emergency, the Lessee may commence such repair and emergency response work as required
under the circumstances, provided the Lessee shall notify the City as promptly as reasonablypossible, before such repair or emergency work commences or as soon thereafter as possible ifadvancenoticeisnotpracticable.
LEASE AGREEMENT - 6
18. MAINTENANCE OF LEASE FACILITIES. The Lessee shall maintain its
facilities in good and safe condition and in a manner that complies with all applicable federal,
state and local requirements. Lessee shall not permit waste, damage, or injury to the premises
including any City property, public ways of the City, other ways or other property, whether
publicly or privately owned, located in, on or adjacent thereto. Lessee shall not store any
chemicals, hazardous or otherwise, in the well head protection area. Lessee shall not restrict site
access to City. City shall have the exclusive right to inspect the Lessee's telecommunications
facilities and equipment at any time during the term of this Lease to ensure compliance with the
terms and conditions herein; Provided, however, Lessee has the right to be present at all
inspections of Lessee's telecommunications facilities and equipment, and City shall give Lesseeatleast24hourspriornoticeofsuchintent.
19. SIGNAGE. Lessee shall display proper signage as required by the FCC as well
as current signage on telecommunication facilities identifying Lessee, address and a 24 hour
phone number. Signage shall be posted and clearly visible at all times.
20. RELOCATION OR REMOVAL OF FACILITIES. Within one hundred
eighty (180) days following written notice from the City, the Lessee shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position of any
telecommunications facilities within the public ways or upon City property whenever the CityPublicWorks & Utilities Director shall have determined that such removal, relocation, change or
alteration is reasonable necessary for:
A. The construction, repair, maintenance or installation of any City or other
public improvement in or upon the public ways; and
public ways.
B.The operations of the City or other governmental entity in or upon the
Additional time for removal or relocation may be granted at the discretion of the City
which extension shall not be unreasonably withheld. If Lessee fails to remove the property upon
request by the City, Lessee agrees to reimburse the City for any and all removal costs incurred bytheCity.
21. REMOVAL OF UNAUTHORIZED FACILITIES. Within thirty (30) days
following written notice from the City, Lessee or an person who owns, controls or maintains on
behalf of Lessee any unauthorized telecommunications system, facility or related appurtenances
within the public ways or real property of the City shall, at its own expense, remove such
facilities or appurtenances from the public ways or property of the City. A telecommunications
system or facility is unauthorized and subject to removal in the following circumstances:
LEASE AGREEMENT - 7
A.Upon expiration or termination of the Lessee's Lease without approvedextensionorrenewal;
B.Upon abandonment of a facility within the public ways or real property of
the City. Any property of a Lessee shall be deemed abandoned if left in place 30 days afterexpirationorterminationoftheLease;
of a Lease;
C.If the system or facility was constructed or installed without the prior grant
D.If the system or facility was constructed or installed without the priorissuanceofarequiredCitypermits; and
E.if the system or facility was constructed or installed at a location not
permitted by the Lease.
Provided, however, that the City may, in its sole discretion, allow a Lessee, or other such
persons who may own, control, or maintain telecommunications facilities within the public ways
or property of the City to abandon such facilities in place. No facilities of any type may be
abandoned in place without the express written consent of the City. Any plan for abandonment
or removal of a Lessee's facilities must be first approved by the Public Works and Utilities
Director, and all necessary permits must be obtained prior to such work. Upon authorized
permanent abandonment of the property of such persons in place, the property shall become that
of the City, and such persons shall submit to the City an instrument in writing, to be approved bytheCityAttorney, transferring to the City the ownership of such property in which event, Lessee
shall have no further obligations or liability with respect to such property or facilities. The
provisions of this Section shall survive the expiration. revocation, or termination of the Lease
granted hereunder. If the City does not authorize abandonment and Lessee fails to remove such
facilities within thirty (30) days following notice. Lessee agrees to reimburse the City for any andallcostsincurredbytheCityforfacilitiesremoval.
22. EMERGENCY REMOVAL OR RELOCATION OF FACILITIES. The Cityretainstherightandprivilegetocutormoveanytelecommunicationsfacilitieslocatedwithinthe
public ways of the City and upon City property, as the City may determine to be necessary,
appropriate or useful in response to any public health or safety emergency. The City shall not be
liable to Lessee, or any other party for any direct, indirect, or any other such damages suffered by
any person or entity of any type as a direct or indirect result of the City's actions under thisSection.
23• DAMAGE TO FACILITIES. Unless directly and proximately caused by thewillful, intentional or malicious acts by the City not otherwise authorized herein, the City shall
not be liable for any damage to or loss of any telecommunications facility upon City property or
LEASE AGREEMENT - 8
within the public ways of the City as a result of or in connection with any public works, publicimprovements, construction, excavation, grading, tilling, or work of any kind on such City
property or within the public ways by or on behalf of the City.
24. RESTORATION OF PUBLIC WAYS, OTHER WAYS AND CITY
PROPERTY.
A.When the Lessee, or any person acting on its behalf, does any work in or
affecting any public ways, other ways or City property, or when Lessee, or any person acting on
its behalf damages any public ways, other ways or City property, it shall, at its own expense,
promptly remove any obstructions therefrom and restore such ways or property to City
construction standards as adopted before the work was undertaken, unless otherwise directed bytheCity. Lessee shall obtain all requisite permits for such work.
B.If weather or other conditions do not permit the complete restoration
required by this Section, the Lessee shall temporarily restore the affected ways or property. Such
temporary restoration shall be at the Lessee's sole expense and the Lessee shall promptly
undertake and complete the required permanent restoration when the weather or other conditions
no longer prevent such permanent restoration.
C.The Lessee or other person acting in its behalf shall use suitable
barricades, flags, flagmen, lights, flares and other measures as required for the safety of all
members of the general public and to prevent injury or damage to any person, vehicle or propertybyreasonofsuchworkinoraffectingsuchwaysorproperty.
D. The Public Works and Utilities Director shall be responsible for inspection
and final approval of the condition of the public ways, other ways, and City property following
any construction and restoration activities therein. Further, the provisions of this Section shall
survive the expiration, revocation, or termination of this Lease.
25. FACILITIES MAPS. The Lessee shall provide the City with a map or mapsaccuratelyreflectingthehorizontalandverticallocationandconfigurationofallofits
telecommunications facilities within the public ways and upon City property. The Lessee shall
provide the City with updated maps upon request by the City.
26. BOOKS, RECORDS AND MAPS. All books, records, maps and other
documents, maintained by the Lessee with respect to its telecommunications facilities within the
public ways and upon City property shall be made available for inspection by the City at
reasonable times and intervals, Provided, hou that nothing in this Section shall be construed
to require the Lessee to violate state or federal law regarding subscriber privacy, nor shall this
Section be construed to require the Lessee to disclose proprietary or confidential information
without adequate safeguards for its confidential or proprietary nature.
LEASE AGREEMENT - 9
27. LEASED CAPACITY AND CO- LOCATION. Lessee shall have the right,
with prior City approval, to sublet the premises consistent with this Lease; provided:
A.The Lessee shall furnish the City with a copy of any such proposed lease
or agreement between the Lessee and its sub - lessee;
D.The sub - lessee has complied, to the extent applicable, with the
requirements contained in this Lease;
C.The Lessee owns and/or controls the tower facility located on City
property;
D.The City and Lessee shall agree upon additional rental fee for sub- lessee
hook -ups pursuant to Section 10.D.
The City encourages co- location on existing telecommunications facilities and to that end
will not unreasonably withhold approval of sub- leases.
28. UTILITIES. Electricity, HVAC and telephone service, or other utilities are to be
provided to the Premises and Site at Lessee's expense and as outlined in Schedule A. City shallcooperatewithLesseeinobtainingutilityservice.
29. LICENSES AND TAXES. Upon commencement of the Lease, Lessee shall be
responsible for paying real or personal property, excise leasehold, business and occupation,
and/or other taxes or licenses which may in the future be assessed as a direct result of the
Lessee's operations at the telecommunications facilities described herein.
30. INSURANCE. The Lessee shall, as a condition of the Lease, secure and maintain
the following liability insurance policies insuring both the Lessee and the City, and its elected
and appointed officers, officials, agents, employees, representatives, engineers, consultants, and
volunteers against claims for injuries to persons or damages to property which may arise from or
in connection with the exercise of the rights, privileges, and authority granted to the Lessee:
A. Comprehensive general liability insurance, written on an occurrence basis,with limits not less than:
1) 2,000,000.00 for bodily injury or death to each person;
2) 2,000,000.00 for property damage resulting from any one
accident; and
LEASE AGREEMENT - 10
3) 2,000,000.00 for all other types of liability.
B.Automobile liability for owned, non -owned and hired vehicles with a limit
of $2,000,000.00 for each person and $2,000,000.00 for each accident;
C.Worker's compensation within statutory limits and employer's liabilityinsurancewithlimitsofnotlessthan $1,000,000.00;
D.Comprehensive form premises- operations, explosions and collapse hazard,
underground hazard and products completed hazard with limits of not less than $2,000,000.00;
E.The liability insurance policies required by this Section shall be
maintained by the Lessee throughout the term of the Lease, and such other period of time duringwhichtheLesseeisoperatingwithoutaLeasehereunder, or is engaged in the removal of its
telecommunications facilities. The Lessee shall provide an insurance certificate, together with an
endorsement designating the City, and its elected and appointed officers, officials, agents,
employees, representatives, engineers, consultants, and volunteers as additional insureds, to the
City prior to the commencement of any work or installation of any facilities pursuant to said
Lease. Any deductibles or self - insured retentions must be declared to and approved by the City.Payment of deductibles and self - insured retentions shall be the sole responsibility of the Lessee.
The Lessee's insurance shall be primary insurance as respects the City, its officers, officials,
employees, agents, consultants, and volunteers. Any insurance maintained by the City, itsofficers, officials, employees, consultants, agents, and volunteers shall be in excess of the
Lessee's insurance and shall not contribute with it. The City shall be provided thirty (30) daysadvancenoticeofcancellationofanycoveragesrequiredin30.A. above;
F.Within thirty (30) days after receipt by the City of said notice, and in no
event later than fifteen (15) days prior to said cancellation or intent not to renew, the Lessee shall
obtain and furnish to the City replacement insurance policies meeting the requirements of thisSection.
31. GENERAL INDEMNIFICATION. Lessee covenants not to bring suit againsttheCityandherebyagreestodefend, indemnify, and hold harmless the City, its appointed and
elected officers, employees, agents and volunteers from and against any and all liability, loss,
costs, damage, and expense, including costs and attorney fees in defense thereof, and includingclaimsbytheLessee's own employees to which the Lessee might otherwise be immune under
Title 51 RCW, because of actions, claims or lawsuits for damages resulting from personal or
bodily injury, including death at any time resulting therefrom, sustained or alleged to have been
sustained by any person or persons, and on account of damage to property, arising or alleged tohavearisendirectlyorindirectlyoutoforinconsequenceoftheperformanceofthisAgreement,whether such injuries to persons or damage to property is due to the negligence of the Lessee, its
agents, employees, representatives or assigns. This provision shall be inapplicable to the extent
LEASE .AGREEMENT - I I
y
such damage or injury is judicially found to be caused by the sole negligence of the City. This
provision waiving immunity for claims arising out of Title 51 RC W was specifically negotiatedbytheparties.
Lessee assumes the risk of damage to its facilities located in the City's public ways, rights -of-
way, easements, and property from activities conducted by the City, its officers, employees,
agents, and volunteers. The Lessee releases and waives any and all claims against the City, itsofficers, employees, agents, and volunteers for damage to or destruction of the Lessee's facilities
except to the extent any such damage or destruction is caused by the willful and malicious action
of the City, its officers, employees, agents, or volunteers.
32. CONSTRUCTION AND COMPLETION BOND. A performance bond written
by a corporate surety acceptable to the City equal to at least 100% of the estimated cost of
constructing the Lessee's telecommunications facilities within the public ways of the City or
upon City property shall be deposited in the event construction is commenced.
A.Except as provided below, the construction bond shall remain in force
until 60 days alter substantial completion of the work, as determined by the City, includingrestorationofpublicwaysandotherpropertyaffectedbytheconstruction.
B.The construction bond shall guarantee, to the satisfaction of the City:
1) Timely completion of construction;
2) Construction in compliance with applicable plans, permits,
technical codes, and standards;
3) Proper location of the facilities as approved by the City;
4) Restoration of the public ways and other public or private property
disrupted, damaged, or otherwise affected by the construction. The
construction bond shall warrant said restoration work for a period
of 1 year;
5) The submission of `as- built' drawings after completion of the work
as required by this Chapter; and
6) Timely payment and satisfaction of all claims, demands or liens for
labor, material or services provided in connection with the work.
33. ASSIGNMENTS OR TRANSFERS OF LEASE. Ownership or control of a
Lease may not, directly or indirectly, be transferred. assigned or disposed of by sale, lease,
LEASE AGREEMENT - 12
merger, consolidation or other act of the Lessee, by operation of law or otherwise, without the
prior written consent of the City, which consent shall not be unreasonably withheld or delayed,
except as expressed by ordinance and then only on such reasonable conditions as may beprescribedtherein.
A.No Lease shall be assigned or transferred in any manner within twelve (12)months after the initial grant of the Lease, unless otherwise provided.
B.Absent extraordinary and unforeseeable circumstances, no system orintegralpartofasystemshallbeassignedortransferredbeforeconstructionofthe
telecommunications facility has been completed.
C.The Lessee and the proposed assignee or transferee of the system shall
provide and certify the following information to the City not less than sixty (60) days prior to theproposeddateoftransfer:
1) Complete information setting forth the nature, terms and condition
of the proposed transfer or assignment;
2) All information required of a lease applicant with respect to the
proposed transferee or assignee;
3) Any other information reasonably required by the City; and
4) An application fee.
D.No transfer shall be approved unless the assignee or transferee has the
legal, technical, financial, and other requisite qualifications to own, hold and operate thetelecommunicationsfacilitypursuanttothisLease.
E.Unless otherwise provided in this Lease, the Lessee shall reimburse the
City for all direct and indirect costs and expenses reasonably incurred by the City in consideringarequesttotransferorassignthisLease. No approval shall be deemed approved until all suchcostsandexpenseshavebeenpaid.
E.Any transfer or assignment of the lease, system, or integral part of asystemwithoutpriorwrittenapprovaloftheCityunderthisSectionorpursuanttotheLease shallbevoidandiscauseforrevocationofthelease.
G.Lessee shall make no assignment or transfer of this Agreement without
obtaining the written consent of Lessor, which consent shall not be unreasonably withheld.
LEASE AGREEMENT - 13
34. TRANSACTIONS AFFECTING CONTROL OF LEASE. Any transactions
which singularly or collectively result in a change of 50% or more of the ownership or working
control of the Lessee, of the ownership or working control of the telecommunications facility, of
the ownership or working control of affiliated entities having ownership or working control of
the Lessee or of a telecommunications facility, or of control of the capacity or bandwidth of the
Lessee's telecommunication system, facilities or substantial parts thereof, shall be considered an
assignment or transfer requiring City approval pursuant to Section 33 hereof. Transactions
between affiliated entities are not exempt from City approval. The Lessee shall promptly notify
the City prior to any proposed change in, or transfer of, or acquisition by any other party of
control of Lessee's company. Every change, transfer, or acquisition of control of a Lessee's
company shall cause a review of the proposed transfer. In the event that the City adopts a
resolution or other appropriate order denying its consent and such change, transfer or acquisition
of control has been effected, the City may cancel the Lease. Approval shall not be required for
mortgaging purposes or if said transfer is from the Lessee to another person or entity controlling,
controlled by, or under common control with the Lessee.
35. REVOCATION OR TERMINATION OF LEASE. The Lease granted by the
Cit to use or occupy public ways of the City or City property may be terminated for reasons
including, but not limited to:
A.Lessee's construction or operation in the City or in the public ways of the
City or upon City property without proper City authorization;
B.Lessee's construction or operation at an unauthorized location;
C.Unauthorized substantial transfer of control of the Lessee;
D.Unauthorized assignment of Lease;
E.Unauthorized sale, assignment or transfer of Lessee's Lease, assets, or asubstantialinteresttherein;
F.Misrepresentation by or on behalf of the Lessee in any application or
written statement upon which the City relies in making the decision to grant, review or amendsaidLease;
G. Abandonment of telecommunications facilities in the public ways or uponCityproperty;
H. Failure to relocate or remove facilities as required in this Lease;
i
I I.Failure to pay taxes, compensation, fees or costs when and as due the City;I
i LEASE AGREEMENT - Id
i
i
I
J.Insolvency or bankruptcy of the Lessee;
K. Failure to construct or operate in accordance with approved permits; and
L.Violation of any material provision or term of this lease.
36. NOTICE AND DUTY TO CURE. In the event that Lessee is in violation of or
defaults under the provisions of the Lease, the Lessee shall be given written notice of the
apparent violation, default or non - compliance, providing a short and concise statement of the
nature and general facts of the violation, default or non - compliance, and providing the Lessee areasonableperiodoftimenotexceeding30daystocuretheviolation.
37. STANDARDS FOR REVOCATION OR LESSER SANCTIONS. If the CityCouncildeterminesthataLesseewillfullyviolatedorfailedtocomplywithanyoftheprovisions
of this Lease after notice is given the Lessee by the City under the provisions of this Lease, then
the Lessee shall forfeit all rights conferred hereunder and the Lease may be revoked or annulled
by the City. The City may elect, in lieu of the above; and without any prejudice to any of its other
legal rights and remedies, to pursue other remedies and to recover damages and costs incurred bytheCitybyreasonoftheLessee's failure to comply.
38. NOTICE OF ENTRY ON PRIVATE PROPERTY. If directed by the City, atleast24hourspriortoenteringprivatepropertyorstreetsorpubliceasementsadjacenttooron
such private property to perform permitted new construction or reconstruction, a notice
indicating the nature and location of the work to be performed shall be physically posted, at no
expense to the City, upon the affected property by the Lessee. A door hanger may be used to
comply with the notice and posting requirements of this Section. The Lessee shall make a goodfaithefforttocomplywiththepropertyowner /resident's preferences, if any, on location or
placement of underground installations (excluding aerial cable lines utilizing existing poles andexistingcablepaths), consistent with sound engineering practices. Provided, however, that
nothing in this Lease shall permit the Lessee to unlawfully enter or construct improvements uponthepropertyorpremisesofanother.
39. SAFETY REQUIREMENTS, The Lessee, in accordance with applicablefederal, state, and local safety requirements shall, at all times, employ ordinary care and shallinstallandmaintainandusecommonlyacceptedmethodsanddevicesforpreventingfailures and
accidents which are likely to cause damage, injury, or nuisance to the public and /or workers. All
structures and all lines, equipment and connections in, over, under, and upon the streets,sidewalks, alleys, and public ways or places of a Lease area, wherever situated or located, shall at
all times be kept and maintained in a safe, suitable condition, and in good order and repair. TheCityreservesthegeneralrighttoseethatthetelecommunicationsfacilityoftheLesseeis
constructed and maintained in a safe condition. If a violation of the National Electrical Safety
LEASE AGREEMENT - 15
Code or other applicable regulation is found to exist by the City, the City will, after discussions
with the Lessee, establish a reasonable time for the Lessee to make necessary repairs. if the
repairs are not made within the established time frame, the City may make the repairs itself or
have them made and collect all reasonable costs thereof from the Lessee.
40. LIENS. Lessee shall not permit any lien to be imposed upon the property of the
City as a result of work done by or on behalf of user and shall indemnify and hold the City
harmless against any and all expenses, including reasonable attorney's fees and court costs in
connection with any such lien.
41. MISCELLANEOUS.
A. This agreement shall be governed by the laws of the State of Washington.
B.Each party agrees to furnish the other, within ten (10) days after request,
such truthful estoppel information as the other may reasonably request.
C. This Lease constitutes the entire agreement and understanding of the
parties, and supersedes all offers, negotiations and other agreements. There are no
representations or understandings of any kind not set forth herein. Any amendments to said
Lease must be in writing and executed by both parties.
D. If either party is represented by a real estate broker in this transaction, that
party shall be fully responsible for any fee due such broker.
E.If any term of this Lease is found to be void or invalid, such invalidity
shall not affect the remaining terms of this Lease, which shall continue in full force and effect.
F.Any notice or demand required to be given herein shall be made by
certified or registered mail, return receipt requested, to the address of the respective parties set
forth below:
LESSOR:LESSEE:
City of Bremerton Seattle Streaming Radio, LLC.
Attn: Public Works & Utilities 2539 N Hwy. 67 - P.O. taX ?4 t
Forestrv/Natural Resources Manager Sedalia, CO 80135
100 Oyster Bay Ave. N.and also to:
Bremerton. WA 98322-Seattle Streaming Radio, LLC
7126 Martin Luther King Jr. Way S
Seattle, WA 98118
The individuals identified in this paragraph shall be the specific point of contact for each party
regarding all topics. Any change to this point of contact shall be delivered,to the other party in
i
LEASE AGREEMENT - 16
i
writing by certified or registered mail, return receipt requested. All payments will be sent to the
above address.
42. FIRE PRECAUTIONS. Lessee will ensure that all Forest Protection
Regulations and Fire Precaution Levels (IFPLs) are observed during closed season (April 15 —
October 15). Lessee shall be responsible for checking IFPLs and keeping activities within those
allowed for a specific IFPL. Washington State Department of Natural Resources regulates forest
land activities and provides daily IFPLs vial telephone and the internet.
43. NONDISCRIMINATION. Lessee shall not discriminate in employment or
services to the public on the basis of race, color, national origin, sex, religion, age, marital status
disability, or sexual orientation, except employment actions based on a bona fide occupational
qualification.
E
Date:d
By: Dawi fLkCC. k e.r—
Its:es i ok. e g i--
CITY OF BREMERTON
Date:6 w
PATTYNT, Mayor
APPROV AS TO FORM:
GER LUBOVICH, City Attorney
H
I H
I
LEASE AGREEMENT - 17
i
i
State of
ss.
County of 0 01
On this Yj da of !VO 1/ W) LXt7, personally appeared
Dc. \k t meL own to be the of the
Id CQ I b >r'0. O co rporation, that executed
the within and foregoin strument, and acknowledged said instrument to be the free and
voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on
oath stated that he /she was authorized to execute said instrument.
In witness whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
FRANK M. MCPHERSON
Commission DD 772408
Expires April 4, 2012 qL-'4-'r8mded7hmTmyFdnkmurMW0-39 M9
No ary Public to and f& 'thj Stat of p!"l
Residing at
My commission expires: kpn Q 01
State of Washington
ss.
County of Kitsap
On this day of 20 / L) personally appeared 'P&M - L z. - tt
to me known to be the Mayor of the City of Bremerton, a municipal corporation, that executed
the within and foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said municipal corporation, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute said instrument.
In witness whe junto set my han d affixed my official seal the day andyearfirstabovewri_
tA1 %)p y
Notary Public in and for th State of Washington
j dJ6", a Residing at
7 ho4 My commission expires:
114, ®r Wi°
RECEIVED FOR FILING:
CARO ETGEN, 9
R: \LEGAL \Contracts \FORMS \Telecommunication Facilities Lease.form.doc
1
LEASE AGREEMENT - 18i
i
r
FTP CORPORATION
L- Al BROADCAST RANK TRANSMITTER
LEGAL DESCRIPTION OF PROPERTY
ON WHICH ANTENNA IS SITED
A portion of the SE quarter of the SW quarter of the SE quarter of
Section 15, Township 24 N, Range 1E, W.M. more particularly
described as follo«vs:
BEGINNING at the SE corner of the SE quarter of the SW
quarter of the SE quarter of Said Section 15; then N 89 00'22" W on
the S line of Said Section 15 at a distance of 585.46 feet; thence N 0
59'38" E a distance of 254.81 feet to the true point of BEGINNING;
thence N 67 10'07" W a distance of 45.00 feet; thence N 22 29'53" E
a distance of 35.00 -feet; thence S 67 10'07" E a distance of 45.00
feet; thence S 22 39'53" W a distance of 35.00 feet to the true point
of BEGINNING; continuing 0.036 acres.
SchCdLJ1c A
i
i
1
LEASE AGREEMENT - 19
i
i
rt 7'.
I_ • _ I-,,I !t .tI Lj1 _l:r _ I
rr j; 1I
I- T- 1 IrII ,='.II fy( r -4t-It j4
1_t! j I I r; ifi ti =; r'- 1 I
14 1 i"
t +li } {1 L J , f_:
c
y-L•I I-1 L1,.1 =- i.:l.'I - rL',F I I!i't I I
TITI ;
1 T
T • _ 1 I 1
r
I 1 'ILL
u '. -., 1.;T "? i,i-`Il r_ l. ,I _ -, I 1 I; F
f
I( _ ,I _III, 1 T
I IT
n 17,1 if- .._' - I• r -L j. _I a -I { i - I -
r -- r I 7 ` -I 11_= _
7 :J11 iL f" . %.I C - • - L _ Ti -""' 1 - .J I .: ' r 1 - -
L_'I
r
ii.1_ _
lr TI .1
IT'
1JT,I I i
f'• . , r
f .I 1 1- I t
t
LFASE AGREEMENT - 20
L,I_ ') j•I. I `I I - - _'1' i j
r _ J _ ' + i _ r*-j J .I ' l i
t
1 r I 'j• i . ' '
hwri141i _} l ,
17
tFF:1 FSI, - 1I li 1 r IIIr i 7 : L f 1 1
1 - r • --. 1. ',.I I.1 J` -! I - , j_l a.. y r. ,j I I ;T,
rl ii -j I-._l.
Ti i - 1 L r , ' . t 1 t.i 1 'I - .L .I - iJ. ,.. .l
I !. - _I±i ! L '," ) 1..' t i `E ;I II Ij - l j, i I•F_i i!_''.ri,;,. r,
1 r"tr
LLL
I j = i - j= 1 j'
1 i t _! : i• .=1. L
1
r I I . I 1
11 ` 11111 l a ;
JII I L ' 1 i .-. I ' 1 —_1 `
I_'L : r I I . 1 _ I 1 f :L.' ,_
1 I L - -, 1 r
FTT
LE T
Tri l_! v_T -1 I 1
V.. R Me. w 5
LEASE AGREEMENT - 21
f
1
n 1 t r j p 4
1 ... r .I , .• •_ f _ Ir " 1 ' . t
1 ' . 1'. i ,
I L h - l I . ,
iffr_ _
l.t-?- -. . - I_I_ I I- - - s i.: +}:_ ' 1 a , i.l ; _ ,_1 __
la 1T {11 i_ J r l rl_• i rr I -rt-.
IS
1 l ri - . f ' 1 .• 1 I- 1- 1 - 1'f t 1 ('I- I rl I I j! 1 1 '
L IT ,
I L • i ~ .i:_ i - }' - 1 , ` ; , I i
ILI
tt ; r _ •
T.r.
1 -
r . ;1 t; _ f ;_ r r' . r .I ; _: ; l: ; ;, - : tTk ;rt= ' i I
10 i•" .,- L-... F f'i - 1 Ii /_ - -_Tt fii i 1 ((1
I r 1
I_ -a_ + J.j• rL; t 1 II I' - I - j,., I - - ++ i +: L -
1v
4 .
t r I 1 • L 1
f- f ' t 1
1 I J f `
J , 1 1 I
1 t 1 — _ ___ _ .
L 1 •1 --
s
I I L - -- L —
LEASE AGREEMENT - 22
\/ .-.. -/ --,' .. � . ·,
fZ • 1.N]W3311�)V 3Sv:=n
a 10 tl IJ ll '"" I\ U, IJ II
.. . 11
J
COUNCIL SUMMARY
Commercial Broadcast Facility Lease Agreement with Seattle Streaming Radio,LLC for the Forest Ridge Park KBRO Tower Site
Prouram and Agreement Summa__
The City of Bremerton currently has leases with eleven companies at seven individual
sites for communication facilities on city -owned land in town and the Watershed lands.Total annual revenue from these leases is approximately $225,000.('
Public Works & Utilities currently manages the lease agreements for the City, and hasrecentlyenteredintoaprofessionalservicesagreementwithPeripheralVision
Communication, Inc. (PVCI), a company that specializes in the communication industry,to assist in technical issues and valuations.
The KBRO tower site located at Forest Ridge Park has provided AM radio broadcastinginthisareaforyears. The broadcast facility was formerly owned by FTP CorporationwhowastheoriginallesseefortheagreementthatranfromJuly1, 2005 thru June 30,2010. This lease was assumed by Seattle Streaming Radio, LLC (SSR) in September2005andthiscompanycurrentlyownsandoperatesKBRO. SSR had requestedcontinuingtheiroperationandleaseearlierthisyear.
The new proposed lease is similar to the previous agreement. After review by both Citystaffandourconsultant, PVCI, the following modifications were made in the proposedagreement:
1. Adopted term "commercial broadcast facility" to distinguish fromtelecommunicationfacility ", as fair market value can differ between these
types of facilities. Added "commercial broadcast facility" to definitions.
2. Item S. Tenn of Lease. Increased lease term from 5 years to 10 years to
decrease administration time and cost and better fit what has been a long-term operation.
3. Item 8. Ownership and Removal of Improvements. Clarified what
becomes City property and how disposed at lease termination.
4. Item 10A. Compensation to City. Had PVCI review lease value and
compare with similar broadcast facilities. Monthly rental set at $750 /month
with annual CPI adjustment. Last monthly rental under expired agreementwas $660.51.
5. Item 10B Rent Adjustment. Changed adjustment review time from 4th to Stnanniversaryofagreement.
Fiscal Summary
The proposed monthly rental of $750 is consistent with the previous lease, and was
reviewed by our consultant. It was explained that AM facilities of this size are not
currently a high value operation. For comparison, this proposed rental is similar to a
broadcast facility of similar wattage that is located on City of Olympia property. AnnualCPIadjustmentsatthefirstoftheyearareprescribed. Rental cannot decrease.
SSR Lease
Council Summary
September 2010
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: N/A
Department of Commerce Grant Agreement
for the Quincy Square on 4th Street Project
COUNCIL MEETING Date: June 3, 2020
Department: PW & Utilities
Presenter: K. Ketterer
Phone: (360) 473-5334
SUMMARY: The City has been awarded a $206,000 grant from the Department of Commerce for
the Quincy Square on 4th Street project. This grant, in combination with a previously awarded
Commerce grant, fully funds design to the 90% level. Upon completion of the 90% design, the
project will be put on hold until the ability to secure construction funding is more certain. Pausing the
project at the 90% design stage is an efficient and appropriate stopping point for the Quincy Square
design, and should make the City eligible for economic development grants, including stimulus
grants, that may be forthcoming.
ATTACHMENTS: 1) Agreement; 2) Streetscape conceptual exhibit
FISCAL IMPACTS (Include Budgeted Amount): Design to the 90% level is fully grant funded from
two state appropriations administered by the Department of Commerce.
STUDY SESSION AGENDA: ☐ Limited Presentation ☐ Full Presentation ☐ N/A
STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to accept the state appropriation for the Quincy Square on 4th Street Project; and authorize the
Mayor to finalize and execute the funding agreement with Commerce with substantially the same
terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
3D
Washington State Department of Commerce
www.commerce.wa.gov
Grant to
City of Bremerton
through
The Local and Community Projects Program
For
Quincy Square on 4th
Start date: July 1, 2019
i
TABLE OF CONTENTS
FACE SHEET ................................................................................................................................................ 1
DECLARATIONS .......................................................................................................................................... 3
SPECIAL TERMS AND CONDITIONS ......................................................................................................... 5
1. GRANT MANAGEMENT ................................................................................................................... 5
2. COMPENSATION ............................................................................................................................. 5
3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES ......................................................... 5
4. PREVAILING WAGE LAW ................................................................................................................ 6
5. DOCUMENTATION AND SECURITY .............................................................................................. 6
6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL
PROPERTY PERFORMANCE MEASURES ............................................................................................ 6
7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT .................................................................... 6
8. BILLING PROCEDURES AND PAYMENT ....................................................................................... 7
9. SUBCONTRACTOR DATA COLLECTION ....................................................................................... 8
10. CERTIFIED PROJECT COMPLETION REPORT AND FINAL PAYMENT ...................................... 8
11. INSURANCE ..................................................................................................................................... 8
12. ORDER OF PRECEDENCE ........................................................................................................... 10
13. REDUCTION IN FUNDS ................................................................................................................. 10
14. OWNERSHIP OF PROJECT/CAPITAL FACILITIES ...................................................................... 10
15. CHANGE OF OW NERSHIP OR USE FOR GRANTEE-OWNED PROPERTY ............................. 10
16. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE ............................. 11
17. SIGNAGE, MARKERS AND PUBLICATIONS ................................................................................ 11
18. HISTORICAL AND CULTURAL ARTIFACTS ................................................................................. 11
19. REAPPROPRIATION ...................................................................................................................... 12
20. TERMINATION FOR FRAUD OR MISREPRESENTATION .......................................................... 12
GENERAL TERMS AND CONDITIONS ..................................................................................................... 13
21. DEFINITIONS.................................................................................................................................. 13
22. ACCESS TO DATA ......................................................................................................................... 13
23. ADVANCE PAYMENTS PROHIBITED ........................................................................................... 13
24. ALL WRITINGS CONTAINED HEREIN .......................................................................................... 13
25. AMENDMENTS ............................................................................................................................... 13
26. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO
REFERRED TO AS THE “ADA” 28 CFR PART 35 ................................................................................ 14
27. ASSIGNMENT................................................................................................................................. 14
28. ATTORNEYS’ FEES ....................................................................................................................... 14
29. AUDIT .............................................................................................................................................. 14
30. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION .......................................................... 15
31. CONFLICT OF INTEREST ............................................................................................................. 15
32. COPYRIGHT PROVISIONS ........................................................................................................... 16
33. DISPUTES ...................................................................................................................................... 16
34. DUPLICATE PAYMENT .................................................................................................................. 17
ii
35. GOVERNING LAW AND VENUE ................................................................................................... 17
36. INDEMNIFICATION ........................................................................................................................ 17
37. INDEPENDENT CAPACITY OF THE GRANTEE ........................................................................... 17
38. INDUSTRIAL INSURANCE COVERAGE ....................................................................................... 17
39. LAWS .............................................................................................................................................. 17
40. LICENSING, ACCREDITATION AND REGISTRATION................................................................. 17
41. LIMITATION OF AUTHORITY ........................................................................................................ 18
42. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS ............................................................ 18
43. PAY EQUITY ................................................................................................................................... 18
44. POLITICAL ACTIVITIES ................................................................................................................. 18
45. PUBLICITY ...................................................................................................................................... 18
46. RECAPTURE .................................................................................................................................. 18
47. RECORDS MAINTENANCE ........................................................................................................... 19
48. REGISTRATION WITH DEPARTMENT OF REVENUE................................................................. 19
49. RIGHT OF INSPECTION ................................................................................................................ 19
50. SAVINGS ........................................................................................................................................ 19
51. SEVERABILITY ............................................................................................................................... 19
52. SITE SECURITY ............................................................................................................................. 19
53. SUBGRANTING/SUBCONTRACTING ........................................................................................... 19
54. SURVIVAL ....................................................................................................................................... 20
55. TAXES ............................................................................................................................................. 20
56. TERMINATION FOR CAUSE ......................................................................................................... 20
57. TERMINATION FOR CONVENIENCE ........................................................................................... 20
58. TERMINATION PROCEDURES ..................................................................................................... 20
59. TREATMENT OF ASSETS ............................................................................................................. 21
60. WAIVER .......................................................................................................................................... 21
ATTACHMENT A - SCOPE OF WORK ...................................................................................................... 23
ATTACHMENT B - CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE
PROJECT.................................................................................................................................................... 25
ATTACHMENT C- CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES
.................................................................................................................................................................... 27
ATTACHMENT D - CERTIFICATION OF INTENT TO ENTER THELEADERSHIP IN ENERGY AND
ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS .......................................................... 29
1
FACE SHEET
Grant Number: 20-96627-208
Project Name: Quincy Square on 4th
Washington State Department of Commerce
Local Government Division
Community Assistance and Research Unit
1. GRANTEE 2. GRANTEE Doing Business As (optional)
City of Bremerton
345 – 6th Street, Suite 100
Bremerton, WA 98337
N/A
3. GRANTEE Representative 4. COMMERCE Representative
Katie Ketterer
Project Manager, PW & Utilities
(360) 473-5334
Katie.Ketterer@ci.bremerton.wa.us
Karma Shannon♥Lawson, Grant Manager
PO Box 42525, Olympia, WA 98504
(360) 810-0185
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)
N/A
Federal Agency
N/A
CFDA Number
N/A
10. Tax ID # 11. SWV # 12. UBI # 13. DUNS #
XXXXXXXXXXXXXX SWV0000221-00 181002539 556846970
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
“A” – Scope of Work, Attachment “B” – Certification of 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 LEED
Process.
FOR GRANTEE FOR COMMERCE
Signature
Print Name
Title
Date
Mark K. Barkley, Assistant Director
Local Government Division
Date
APPROVED AS TO FORM
Luke Eaton, Assistant Attorney General
8/13/2019
Date
2
3
DECLARATIONS
GRANTEE INFORMATION
GRANTEE Name: City of Bremerton
Grant Number: 20-96627-208
State Wide Vendor Number: SWV0000221-00
PROJECT INFORMATION
Project Name: Quincy Square on 4th
Project City: Bremerton
Project State: Washington
Project Zip Code: 98337
GRANT AGREEMENT INFORMATION
Grant Amount: $201,880.00
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
4
5
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 St ate 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
the “Project”).
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-kind contributions, subject to COMMERCE’S approval.
6
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
COMMERCE’s review upon reasonable request.
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 other appropriate security instrument in favor of COMMERCE (the “Deed of Trust”). The
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. The GRANTEE shall purchase an extended coverage lender’s policy of title
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.
7
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 Vouchers and any required documentation electronically through CO MMERCE’s Contracts
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.
8
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.
“Subcontractors” shall mean subcontractors of any tier.
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.
9
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
GRANTEE’s fiscal agent as beneficiary.
C. The GRANTEE shall provide, at COMMERCE’s request, copies of insurance instruments or
certifications from the insurance issuing agency. The copies or certifications shall show the
insurance coverage, the designated beneficiary, who is covered, the amounts, the period of
coverage, and that COMMERCE 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
Washington State Auditor’s annual instructions for financial reporting. GRANTEE’s participating in
joint risk pools shall maintain sufficient documentation to support the aggregate claim liability
information reported on the balance sheet. The state of Washington, its agents, and employees need
not be named as additional insured under a self-insured property/liability pool, if the pool is prohibited
from naming third parties as additional insured.
GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self
insurance, evidencing continued coverage under GRANTEE’s self-insured/liability pool or self-insured
risk management program. Such annual summary of coverage and letter of self insurance will be
provided on the anniversary of the start date of this Agreement.
10
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).
11
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 ob ligation
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,
any such communication or publication must identify “The Taxpayers of Washington State” as a
participant.
18. HISTORICAL AND CULTURAL ARTIFACTS
Prior to approval and disbursement of any funds awarded under this Grant Agreement, GRANTEE
shall complete the requirements of Governor’s Executive Order 05-05, 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
Governor’s Executive Order 05-05, coordinate with COMMERCE and the Washington State
Department of Archaeology and Historic Preservation (“DAHP”), 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
substitute for completion of Governor’s Executive Order 05-05.
12
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 an y 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.
13
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. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to
act on the Director’s behalf.
B. “COMMERCE” shall mean the Department of Commerce.
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. “Personal Information” shall mean information identifiable to any person, including, but not limited
to, information that relates to a person’s name, health, finances, education, busines 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. ”State” shall mean the state of Washington.
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
GRANTEE. The terms “subgrantee/subcontractor” refers to any tier.
G. “Subrecipient” shall m 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 exch ange for goods and/or
services in the course of normal trade or commerce.
H. “Vendor” is an entity that agrees to provide the amount and kind of services requested by
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. “Grant Agreement” or “Agreement” means the entire written agreement between 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,
conclusions, and recommendations of the GRANTEE’s reports, including computer models and 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.
14
26. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO
REFERRED TO AS THE “ADA” 28 CFR PART 35
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. ATTORNEYS’ FEES
Unless expressly permitted under another provision of the Grant, in the event of litigation or other
action brought to enforce Grant terms, each party agrees to bear its own attorney’s fees and costs.
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 d ate 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.
In any case, the GRANTEE’s records must be available for review by COMMERCE.
C. Documentation Requirements
The GRANTEE must send a copy of the audit report described above no later than nine (9)
months after the end of the GRANTEE’s fiscal year(s) by sending a scanned copy to
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.
15
30. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. “Confidential Information” as used in this section includes:
1. All material provided to the GRANTEE by COMMERCE that is designated as “confidential” by
COMMERCE;
2. All material produced by the GRANTEE that is designated as “confidential” by COMMERCE;
and
3. All personal information in the possession of the GRANTEE that may not be disclosed under
state or federal law. “Personal information” includes but is not limited to information related to
a person’s name, health, finances, education, business, use of governm ent services,
addresses, telephone numbers, social security number, driver’s license number and other
identifying numbers, and “Protected Health Information” under the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
B. The 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
an issue and may be reviewed as provided in the “Disputes” clause of this Grant Agreement.
16
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
be considered the author of such Materials. In the event the Materials are not considered “works for
hire” under the U.S. Copyright laws, the 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.
“Materials” means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. “Ownership” includes the right to copyright, patent, register and the
ability to transfer these rights.
For Materials that are delivered under the 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
be mailed to the Director and the other party’s (respondent’s ) Grant Representative within
three (3) working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor’s statement to both the Director or the
Director’s designee and the requestor within five (5) working days.
The Director or designee shall review the written statements and reply in writing to both parties within
ten (10) working days. The Director or designee may extend this period if necessary by notifying the
parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Grant shall be construed to limit the parties’ choice of a mutually acceptable alternate
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.
17
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
the state, from and against all claims. “Claim” as used in this Grant Agreement, means any financial
loss, claim, suit, action, damage, or expense, including but not limited to attorney’s fees, attributable
for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property
including loss of use resulting therefrom.
The GRANTEE’s obligation to indemnify, defend, and hold harmless includes any claim by
GRANTEE’s agents, employees, representatives, or any subgrantee/subcontractor or its employees.
GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising
out of or incident to GRANTEE’S or any subgrantee’s/subcontractor’s performance or failure to
perform the Grant. GRANTEE’S obligation to indemnify, defend, and hold harmless the State shall
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 amo unt
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 does not waive any of L&I’s
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.
18
41. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative’s delegate by writing (delegation to
be made prior to action) shall have the express, implied, or apparent authority to alter, amend,
modify, or waive any clause or condition of this 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
nondiscrimination laws, regulations and policies. In the event of the GRANTEE’s non -compliance or
refusal to comply with any nondiscrimination law, regulat ion 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. Any dispute may be resolved in accordance with the “Disputes” procedure
set forth herein.
43. PAY EQUITY
The GRANTEE agrees to ensure that “similarly employed” individuals in its workforce are
compensated as equals, consistent with the following:
a. Employees are “similarly employed” if the individuals work for the same employer, the
performance of the job requires comparable skill, effort, and responsibility, and the jobs are
performed under similar working conditions. Job titles alone are not deter minative 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
Washington or COMMERCE’s name is mentioned, or language used from which the connection with
the state of Washington’s or COMMERCE’s name may reasonably be inferred or implied, without the
prior written consent of COMMERCE.
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.
19
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 provis ion 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
the liability of the GRANTEE to COMMERCE for any breach in the performance of the GRANTEE’s
duties. This clause does not include Grants of employment between the GRANTEE and personnel
assigned to work under this Grant.
20
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
All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE’s
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 autho rized 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
COMMERCE to terminate the Grant. A termination shall be deemed a “Termination for Convenience”
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
21
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 performa nce 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 Representativ e of COMMERCE.
22
23
ATTACHMENT A - SCOPE OF WORK
Funds awarded under this grant will be used for capital expenditures related to the design phase of the
project. The project is located at 4th Street from Washington Avenue to Pacific Avenue in Bremerton, WA.
This project will include and not be limited to design, permitting, public outreach, and preparation and
documentation of final bid-ready construction documents including plans and specifications.
This project began in December, 2018 and is expected to be complete by December, 2020.
All project work completed with prior legislative approval. The “Copyright Provisions”, Section 32 of the
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
approved by the GRANTEE’s governing body as of the date and year written below.
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
24
25
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 Dept. Commerce, CCF DA Contract 18-96616-139 $242,500.00
Grant #2 Transportation Improvement Board $98,120.00
Total Other Grants $340,620.00
Other Loans
Loan #1 $
Loan #2 $
Total Loans $0.00
Other Local Revenue
Source #1 $
Total Local Revenue $0.00
Other Funds
Source #1 $
Source #2 $
Total Other Funds $0.00
Total Project Funding $542,500.00
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 reviewed and approved by the GRANTEE’s
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
such records available for COMMERCE’s review upon reasonable request.
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
26
27
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
Project funded by this Grant Agreement, including but not limited to the filing of the “Statement of Intent to
Pay Prevailing Wages” and “Affidavit of Wages Paid” as required by RCW 39.12.040. The GRANTEE
shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such
records available for COMMERCE’s review upon request.
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
approved by the GRANTEE’s governing body as of the date and year written below.
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
28
29
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
approved by the GRANTEE’s governing body or board of directors, as applicable, as of the date and year
written below.
EXEMPT: DO NOT SIGN
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
From: Lori Smith On Behalf Of City Council
Sent: Monday, June 1, 2020 12:16 PM
To: City Council
Subject: FW: Response to Council Question - June 3 Council Meeting, Item 3D (Pat Sullivan)
Attn: Council Members (FYI)
From: Katie Ketterer
Sent: Monday, June 1, 2020 11:24 AM
To: Pat Sullivan <Pat.Sullivan@ci.bremerton.wa.us>
Cc: City Council <City.Council@ci.bremerton.wa.us>; Eric Younger <eric.younger@ci.bremerton.wa.us>;
Thomas Knuckey <Thomas.Knuckey@ci.bremerton.wa.us>; Greg Wheeler
<Greg.Wheeler@ci.bremerton.wa.us>
Subject: RE: 6/3 City Council Agenda Item 3D - inquiry
Council Member Sullivan,
The state appropriation for this grant is for $206,000, but Commerce takes a percentage of all grants to
administer the program; please see the attached award letter from Commerce.
The TIB Complete Streets Grant is a $350,000 grant that the City received last year. The grant work plan
includes $200,000 for downtown bike circulation improvements and $150,000 for the Quincy Square
project ($98k of that was allocated to design, the rest for construction). The catch with this money is
that we need to fully expend it within 3 years, and further are unable to pursue additional grants from
this program until we've expended all of the funds in-hand. With Covid 19 upending our timelines and
funding resources we don't believe that Quincy Square will be ready to construct next year. Our new
strategy, which I'll present to Council Wednesday, is to use the Commerce grant to bring the design to
90% completion, which can be done without using the TIB Complete Streets grant. The 90% design puts
us in an excellent position to apply for any future grants to construct the Quincy Square, and also allows
us to direct the TIB grant to other priorities. We are working with the TIB to shift the $150,000 allocated
to Quincy Square to sidewalk construction which will be completed by in-house crews in 2021. This will
ensure that we utilize the TIB grant funds within the time allowed, reduce our 2021 General fund
expenditure for Streets, and make us eligible for a future Complete Streets grant in late 2021 or 2022. I
plan to mention this as well during the Council meeting this Wednesday.
Please let me know if you have any further questions, I'm happy to help.
Thank you,
Katie Ketterer
Project Manager, PW & U
City of Bremerton
Office: 360.473.5334
Katie.ketterer@ci.bremerton.wa.us
From: Pat Sullivan
Sent: Saturday, May 30, 2020 10:14 PM
To: Katie Ketterer <Katie.Ketterer@ci.bremerton.wa.us>
Cc: City Council <City.Council@ci.bremerton.wa.us>; Eric Younger <eric.younger@ci.bremerton.wa.us>
Subject: 6/3 City Council Agenda Item 3D - inquiry
Hello Katie,
RE: 6/3 Agenda Item 3D
Department of Commerce Grant Agreement for the Quincy Square on 4th Street Project.
The summary states: 1) “City has been awarded a $206,000 grant” and 2) “This grant, in combination
with a previously awarded Commerce grant, fully funds 90% level”.
1) Face Sheet, 5. Grant Amount $201,880. I am unable to locate the additional $4,120 to bring the grant
to $206,000. Would you point to me the increase from $201,880 to $206,000?
2) Jump to page 25, Attachment B, which includes 3 grants, the summary only addresses 2 of the
grants. Have we actually been awarded 3 grants for this project? If so, are all three for design? If the
first 2 listed below is 90% of design, what is the 3rd $98K grant for?
-Washington State Department of Commerce$201,880 -Dept. Commerce, CCF DA Contract 18-96616-
139$242,500
-Transportation Improvement Board$ 98,120
Total Project Funding$542,500
I hope you are doing well. Thank you for your taking the time to review/respond to my inquiry.
Sincerely,
Pat Sullivan
Bremerton City Council Member
District 1
Sent from my iPad
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1011 Plum Street SE PO Box 42525 Olympia, Washington 98504-2525 (360) 725-4000
www.commerce.wa.gov
June 17, 2019
Katie Ketterer
Project Manager, Public Works and Utilities, City of Bremerton
100 Oyster Bay Avenue North
Bremerton, WA 98312
RE: 2020 Direct Appropriation Grant
Quincy Square on 4th (Bremerton)
Dear Katie Ketterer:
Congratulations on being awarded a $206,000.00 state grant in the 2019-2021 Capital
Budget for your project. Funds for your project were included in the budget at the
request of the Governor or Legislature. Now that the capital budget has been signed into
law, our role is to release these funds in a way that meets the intent of the Legislature
and conforms to state regulations. We strive to do so expeditiously and will make the
process as simple as possible for you.
Before you can receive the funds, a contract will need to be executed between your
organization and the Department of Commerce. In order to get the contracting process
started, please follow these steps:
Complete the attached Contract Readiness Survey. Please note that there will be a
two percent (2%) administrative fee (no more than $50,000) charged to the grant
Attach documentation for committed funds (copies of award letters, council
appropriations, etc.), if applicable
Complete the attached LEED certification declaration
Attach a copy of the project request form/packet that you submitted to the
Legislature
Email the above documents by July 8, 2019 to your Grant Manager, Karma
Shannon♥Lawson, at Karma.ShannonLawson@commerce.wa.gov.
Please note that this is a cost reimbursement grant. Once your contract is executed,
funds may be disbursed for reimbursement of costs incurred associated with your
project’s scope of work. Funds may be retroactively reimbursed back to July 1, 2016.
Once I receive your complete set of documents, I will begin preparing your contract. I may
contact you for further information.
The Legislature does not provide funding for the management of these grants. The
Department of Commerce is withholding a two percent (2%) administrative fee (no more
than $50,000) for management of this grant. $201,880.00 is available for your incurred
costs.
I look forward to working with you on this project. If you have any questions or need
additional information feel free to contact me at my contact information below.
Sincerely,
Karma Shannon♥Lawson
Grant Manager
360-810-0185
Karma.ShannonLawson@commerce.wa.gov