HomeMy WebLinkAbout07/22/2020 STUDY SESSION PACKET______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280
WEDNESDAY, JULY 22, 2020
CITY COUNCIL STUDY SESSION AGENDA
5:00 PM – Via Zoom Webinar
To help reduce the spread of COVID-19, the City Council is conducting a Study Session via Zoom Webinar. The
Council Conference Room 603 will be closed, and all Council Members and staff will be participating remotely.
The Study Session is open to the public to listen in, but there will be no opportunities for input; no action is
anticipated; and the content of these items is subject to change. If approved by the Council, items will be placed
on the August 5, 2020 City Council Meeting Agenda…
Members of the public are invited to join the Zoom webinar by clicking on the following link:
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Password: 209823
Or iPhone one-tap: US: +12532158782,,87624002249#,,,,0#,,209823# or
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Or Telephone: Dial (for higher quality, dial a number based on your current location):
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Webinar ID: 876 2400 2249
Password: 209823
Citizens are always encouraged to send questions and comments to: City.Council@ci.bremerton.wa.us
A. BRIEFINGS ON AGENDA ITEMS
1. Stormwater Financial Assistance Program Grant Agreement with the WA State Department
of Ecology for Kitsap Lake Stormwater Treatment Retrofit Design
2. Purchase of 2019 F-550 Versalift Boom Truck from Northend Truck Equipment
3. Purchase of Replacement Chains from PMC, Inc. for the West Grit Chamber at the
Wastewater Treatment Plant
4. Proposed Public Hearing on Ordinance to vacate a portion of Nipsic Avenue Right of Way
between E. 11th Street and E. 13th Street
5. Resolution to establish Bremerton CARES, a Small Business Relief Grant Program in
response to COVID-19 to provide Business Rental Assistance
6. 2nd Amendment to Professional Services Agreement with BMcConsulting, LLC
B. GENERAL COUNCIL BUSINESS
Public Works Committee Briefing (07/21/20 Meeting) – Chair Kevin Gorman
Race & Equity Advisory Committee Briefing (07/21/20 Meeting) – Council Members Leslie
Daugs, Lori Wheat, and Michael Goodnow
Other General Council Business
C. ADJOURNMENT OF STUDY SESSION
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: July 22, 2020
Stormwater Financial Assistance Program
Grant Agreement with the WA State
Department of Ecology for Kitsap Lake
Stormwater Treatment Retrofit Design
COUNCIL MEETING Date: August 5, 20202
Department: Public Works & Utilities
Presenter: Chance Berthiaume
Phone: (360) 473-5929
SUMMARY: Washington State Department of Ecology has awarded the City a grant to complete a
stormwater treatment system design at four locations around Kitsap Lake. This design will support
the construction of treatment systems at these locations in 2022/23, if approved for a construction
grant. Kitsap Lake water quality will be improved with the construction of these systems which will
support other efforts to improve the overall lake health and will help meet total maximum daily load
(TMDL) requirements.
ATTACHMENTS:
1. Kitsap Lake Stormwater Treatment Design Summary
2. Ecology Agreement No. WQC-2020-BremPW-00047
FISCAL IMPACTS (Include Budgeted Amount): The project is in the 2020 budget at $200,000; the
grant amount is $93,750.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the Kitsap Lake Stormwater Treatment Retrofit Design Grant Agreement with the
State of Washington Department of Ecology; 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
A1
Project Scope
Kitsap Lake has frequent water quality problems that are exacerbated by the discharge of untreated stormwater. The source
of runoff discharged into Kitsap Lake is residential, commercial, and public roads. This project will design the installation of
three Modular Wetland Systems (MWS) in the Dockside neighborhood, and one system to treat runoff from the Country
Lane pond to remove pollutants and excess phosphorus prior to discharging runoff into the lake. The MWS provides basic,
enhanced, and phosphorus treatment, and will reduce fecal coliform in runoff from contributing areas around the lake that
includes miles of urban roads and many acres of pollution
generating impervious surface. The Country Lane storm-
water treatment system will be selected based on perfor-
mance criteria defined by water quality testing.
ECOLOGY SFAP GRANT
KITSAP LAKE STORMWATER TREATMENT RETROFIT DESIGN
PROJECT SCHEDULE
2020—2021
Aug Sep Oct Nov Dec Jan Feb Apr May Jun Jul Aug Sept Oct
Key: Ecology grant acceptance/approval Select Consultant Design, WQ Sampling
MWS Treatment systems remove:
85% Total Suspended Solids (TSS), 66% Dissolved Copper,
50% Total Copper, 66% Dissolved Zinc, 69% Total Zinc,
95% Motor Oil / Petroleum Hydrocarbons, 64% Total Phosphorus
67% Ortho Phosphorus, 45% Nitrogen
Phosphorus and nitrogen are nutrients that feed algae blooms, in-
cluding cyanobacteria (blue-green toxic algae).
The MWS will remove and retain debris, sediments, TSS, dissolved
and particulate metals and nutrients including nitrogen and phos-
phorus, bacteria, BOD, oxygen demanding substances, organic com-
pounds and hydrocarbons that would otherwise flow into Kitsap
Lake during frequent storm events and continuous dry weather
flows.
Water quality studies for Kitsap Lake were completed by Kitsap
Public Health District, Kitsap County SWMM, and Ecology. Both
identified excess nitrogen and phosphorus as contributors to water
quality degradation. These treatment systems will address the
stormwater source.
Water Quality Total Maximum Daily Load (TMDL):
Kitsap Lake is a 303(d) Listed water body for elevat-
ed fecal coliform. The lake also has general pollu-
tion concerns. This project supports the water qual-
ity cleanup plan.
Project Design Cost: $200,000
Grant application Budget: $125,000
Funding: $93,750 Ecology SFAP Grant
$106,250 Stormwater Utility match
Designer: TBD
Project Manager: Chance Berthiaume
Chance.berthiaume@ci.bremerton.wa.us
City
Kitsap
County
Agreement No. WQC-2020-BremPW-00047
WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF BREMERTON
This is a binding Agreement entered into by and between the state of Washington , Department of Ecology, hereinafter
referred to as “ECOLOGY,” and City of Bremerton, hereinafter referred to as the “RECIPIENT,” to carry out with the
provided funds activities described herein.
Kitsap Lake Stormwater Treatment Retrofit Design
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
Project Short Description:
This project will improve water quality in Kitsap Lake through the design of a TAPE GULD approved system for basic ,
enhanced, and phosphorus treatment a minimum of 4 locations around Kitsap Lake in the City of Bremerton. This
project will provide treatment for total suspended solids (TSS), dissolved copper, dissolved zinc, and total phosphorus.
Project Long Description:
Untreated stormwater from residential, commercial, and public roads is discharged into Kitsap Lake , a 303(d) listed
water body for fecal coliform. The lake has elevated phosphorus and nitrogen which feed recurring algae blooms,
including cyanobacteria (blue-green toxic algae) which is a frequent issue in the spring and summer months. This project
will design stormwater treatment systems to reduce runoff pollutants prior to discharge into Kitsap at a minimum of 4
locations.
Improved water quality of Kitsap Lake will provide benefits including usable habitat for salmonids, wildlife, and humans.
$200,000.00
$125,000.00
$93,750.00
$31,250.00
07/01/2019
06/30/2022
Stormwater Facility
Page 2 of 35State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
This project will design up to four TAPE GULD approved systems, such as the Modular Wetland System (MWS),
providing basic and enhanced treatment for TSS , dissolved copper, dissolved zinc, and total phosphorus. It can may
also reduce bacteria and other solid pollutants that would otherwise flow into Kitsap Lake during frequent storm events
and continuous dry weather flows from groundwater springs in the area.
Overall Goal:
This project will help protect and restore water quality in Washington State by reducing stormwater impacts from
existing infrastructure and development.
Template Version 10/30/2015
Page 3 of 35State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
RECIPIENT INFORMATION
Organization Name:
Federal Tax ID:
DUNS Number:
Mailing Address:
Physical Address:
Contacts
Organization Email:
City of Bremerton
91-6001231
556846970
100 Oyster Bay Ave N
Bremerton, WA 98312
345 6th Street
Bremerton, WA 98337
chance.berthiaume@ci.bremerton.wa.us
Template Version 10/30/2015
Page 4 of 35State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
Chance Berthiaume
NPDES Stormwater Permit Coordinator
100 Oyster Bay Ave N
Bremerton, Washington 98312
Email: chance.berthiaume@ci.bremerton.wa.us
Phone: (360) 473-5929
Authorized
Signatory
Sheri Jackson
Accountant/Financial Analyst
345 6th Street, Suite 100
Bremerton, Washington 98337
Email: sheri.jackson@ci.bremerton.wa.us
Phone: (360) 473-2327
Billing Contact
Project Manager
Authorized
Signatory
Greg Wheeler
Mayor
345 6th Street, Suite 100
Bremerton, Washington 98337
Email: greg.wheeler@ci.bremerton.wa.us
Phone: (360) 473-5266
Template Version 10/30/2015
Page 5 of 35State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
Contacts
Project
Manager
Financial
Manager
Technical
Advisor
Nina Roscow
3190 - 160th Ave SE
Bellevue, Washington 98008-5452
Email: niro461@ecy.wa.gov
Phone: (425) 649-7216
Kyler Jacobo
PO Box 47600
Olympia, Washington 98504-7600
Email: JKYL461@ecy.wa.gov
Phone: (360) 407-6225
Doug Howie
Senior Stormwater Engineer
PO Box 47600
Olympia, Washington 98504-7600
Email: DOHO461@ecy.wa.gov
Phone: (360) 407-6444
ECOLOGY INFORMATION
Mailing Address:
Physical Address:
Department of Ecology
Water Quality
PO BOX 47600
Olympia, WA 98504-7600
Water Quality
300 Desmond Drive SE
Lacey, WA 98503
Template Version 10/30/2015
Page 6 of 35State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel , equipment, materials, services, and otherwise do all things necessary
for or incidental to the performance of work as set forth in this Agreement .
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement , including all the terms and conditions
of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws,
statutes, rules, regulations, and guidelines mentioned in this Agreement . Furthermore, the RECIPIENT has read, understood,
and accepts all requirements contained within this Agreement .
This Agreement contains the entire understanding between the parties , and there are no other understandings or representations
other than as set forth, or incorporated by reference, herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing , signed by
authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement . ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party .
This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so
approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective
organizations to this Agreement.
Washington State
Department of Ecology
Water Quality
Date Date
City of Bremerton
Vincent McGowan, PE
Mayor
Greg Wheeler
By:By:
Template Approved to Form by
Attorney General's Office
Program Manager
Template Version 10/30/2015
Page 7 of 35State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
SCOPE OF WORK
Task Number:1 Task Cost: $3,000.00
Task Title:Grant and Loan Administration
Task Description:
A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements .
Responsibilities include, but are not limited to: Maintenance of project records; submittal of requests for reimbursement and
corresponding backup documentation; progress reports; the EAGL (Ecology Administration of Grants and Loans ) recipient
closeout report; and a two-page outcome summary report (including photos, if applicable). In the event that the RECIPIENT
elects to use a contractor to complete project elements, the RECIPIENT shall retain responsibility for the oversight and
management of this funding agreement.
B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement ,
contracting, and interlocal agreement requirements; permitting requirements, including application for, receipt of, and
compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required
performance items. This documentation shall be available upon request.
C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up -to-date staff contact information
in the EAGL system. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this
agreement.
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY’s grant or loan administrative requirements .
Task Expected Outcome:
* Timely and complete submittal of requests for reimbursement , quarterly progress reports, Recipient Closeout Report, and
two-page outcome summary report.
* Properly maintained project documentation.
Deliverables
Grant and Loan Administration
Number Description Due Date
1.1 Progress Reports that include descriptions of work accomplished, project
challenges or changes in the project schedule. Submitted at least quarterly.
1.2 Recipient Closeout Report (EAGL Form)
1.3 Two-page Outcome Summary Report
Template Version 10/30/2015
Page 8 of 35State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
SCOPE OF WORK
Task Number:2 Task Cost: $122,000.00
Task Title:Design Plans and Specs, Environmental Review
Task Description:
The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY . The
RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance .
A.The RECIPIENT will coordinate the preparation and submittal of State Environmental Policy Act (SEPA) documentation.
B.The RECIPIENT is responsible for application of, receipt of, and compliance with all required local, state, tribal and
federal permits, licenses, easements, or property rights necessary for the project.
C.The RECIPIENT will comply with Executive Order (05-05) cultural resources review requirements. To initiate cultural
resources review the RECIPIENT will:
1.Submit to ECOLOGY the 05-05/106 Form. All submitted materials must conform to the Department of Archeology and
Historic Preservation’s Washington State Standards for Cultural Resource Reporting .
2.Develop and submit to ECOLOGY an Inadvertent Discovery Plan (IDP), using the ECOLOGY template. The
RECIPIENT will ensure that all contractors and subcontractors have a copy of the completed IDP prior to and while working
on-site. The IDP template may be found on the ECOLOGY website.
Ground disturbing work (including geotechnical investigations) completed prior to receiving written notice to proceed from
ECOLOGY shall not be eligible for reimbursement.
D.The RECIPIENT will develop a project Design Report. Projects must be designed in accordance with the Stormwater
Management Manual for Eastern Washington , Stormwater Management Manual for Western Washington , or equivalent
manual. Project must be reviewed and accepted in writing by ECOLOGY to be eligible for reimbursement .
The RECIPIENT will upload a digital copy of the items listed below to EAGL for ECOLOGY review . Reduce design figures
to 11x17 inches in size and ensure they are legible.
1.Design Report. Design Report must conform to the Design Deliverables for Stormwater Project with Ecology Funding.
Refer to the Ecology website for specific guidance.
The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Design Report
Acceptance Letter prior to proceeding to 90 Percent design.
2.90 Percent Design Package. At a minimum, this package must include 90 percent plans, specifications, engineer’s opinion
of cost, which includes a schedule of eligible costs, and project construction schedule. For current bid inserts and
specifications refer to the ECOLOGY website.
Template Version 10/30/2015
Page 9 of 35State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology 90 Percent Design
Acceptance Letter prior to proceeding Final Design.
Task Goal Statement:
The RECIPIENT will complete all design, environmental review, and permitting tasks and respond to ECOLOGY comments in
a timely manner.
Task Expected Outcome:
The project will meet the requirements set forth by the State Environmental Policy Act , cultural resource protection
requirements, ECOLOGY water quality facility design standards, and all other applicable federal, state, and local laws and
regulations.
Template Version 10/30/2015
Page 10 of 35State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
Deliverables
Design Plans and Specs, Environmental Review
Number Description Due Date
2.1 SEPA determination documentation. Upload to EAGL and notify ECOLOGY
when upload is complete.
2.2 List of permits acquired and environmental review documents. Upload to
EAGL and notify ECOLOGY when upload is complete .
2.3 Submit the ECOLOGY 05-05/106 Form and any supplemental cultural
resources documentation including Cultural Resource surveys directly to the
Ecology Project Manager. Upload the Final Determination Letter to EAGL.
2.4 Inadvertent Discovery Plan. Upload to EAGL and notify ECOLOGY when
upload is complete.
2.5 Contract documents (if contracting out for design). Upload to EAGL and
notify ECOLOGY when upload is complete .
2.6 Design Report. Upload to EAGL and notify ECOLOGY when upload is
complete.
2.7 Responses to ECOLOGY Design Report comments . Upload to EAGL and
notify ECOLOGY when upload is complete .
2.8 Ecology Design Report Acceptance Letter . Upload to EAGL and notify
ECOLOGY when upload is complete .
2.9 90 Percent Design Package. Upload to EAGL and notify ECOLOGY when
complete.
2.10 Responses to ECOLOGY 90 Percent Design Package comments. Upload to
EAGL and notify ECOLOGY when upload is complete .
2.11 Ecology 90 Percent Design Acceptance Letter. Upload to EAGL and notify
ECOLOGY when upload is complete.
Template Version 10/30/2015
Page 11 of 35State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
BUDGET
Funding Distribution EG200600
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Title:
State
SFAP - SFY20
100%
Environmental Legacy Stewarship Account (ELSA) - State
Type:
Funding Source %:
Description:
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
Is this Funding Distribution used to match a federal grant? No
Approved State Indirect Rate: 0%
25%
No
No
Funding Title:
Funding Source:
Funding Expiration Date:
Funding Type:
Funding Effective Date:
SFAP
07/01/2019 06/30/2022
Grant
SFAP Task Total
Grant and Loan Administration 3,000.00$
Design Plans and Specs, Environmental Review 122,000.00$
125,000.00$Total:
Template Version 10/30/2015
Page 12 of 35State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
Funding Distribution Summary
Recipient / Ecology Share
Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name
$$$%93,750.00 125,000.0031,250.0025.00SFAP
Total $$31,250.00 93,750.00 $125,000.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
SECTION 1: DEFINITIONS
Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement:
“Administration Charge” means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC,
to be used to pay Ecology’s cost to administer the State Revolving Fund by placing a percentage of the interest earned in an
Administrative Charge Account .
“Administrative Requirements” means the effective edition of ECOLOGY 's Administrative Requirements for Recipients of
Ecology Grants and Loans at the signing of this agreement.
“Annual Debt Service” for any calendar year means for any applicable bonds or loans including the loan, all interest plus all
principal due on such bonds or loans in such year.
“Average Annual Debt Service” means , at the time of calculation, the sum of the Annual Debt Service for the remaining years
of the loan to the last scheduled maturity of the loan divided by the number of those years.
“Acquisition” means the purchase or receipt of a donation of fee or less than fee interests in real property. These interests
include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral
rights.
“Centennial Clean Water Program” means the state program funded from various state sources .
“Contract Documents” means the contract between the RECIPIENT and the construction contractor for construction of the
project.
“Cost Effective Analysis” means a comparison of the relative cost -efficiencies of two or more potential ways of solving a water
quality problem as described in Chapter 173-98-730 WAC.
“Defease” or “Defeasance” means the setting aside in escrow or other special fund or account of sufficient investments and
money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due.
“Effective Date” means the earliest date on which eligible costs may be incurred .
“Effective Interest Rate” means the total interest rate established by Ecology that includes the Administrative Charge .
“Estimated Loan Amount” means the initial amount of funds loaned to the RECIPIENT .
“Estimated Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the
Estimated Loan Amount.
“Equivalency” means projects designated by ECOLOGY to meet additional federal requirements .
“Expiration Date” means the latest date on which eligible costs may be incurred.
“Final Accrued Interest” means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through
Template Version 10/30/2015
Page 13 of 35State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
such time as the loan is officially closed out and a final loan repayment schedule is issued .
“Final Loan Amount” means all principal of and interest on the loan from the Project Start Date through the Project
Completion Date.
“Final Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Final Loan
Amount.
“Forgivable Principal” means the portion of a loan that is not required to be paid back by the borrower .
“General Obligation Debt” means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the
RECIPIENT and by the full faith, credit, and resources of the RECIPIENT.
“General Obligation Payable from Special Assessments Debt” means an obligation of the RECIPIENT secured by a valid
general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax
limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the
boundaries of the RECIPIENT.
“Gross Revenue” means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of
the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement
Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other
obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or
refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with
other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United
States Government under the Internal Revenue Code.
“Guidelines” means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is
funded.
“Initiation of Operation Date” means the actual date the Water Pollution Control Facility financed with proceeds of the loan
begins to operate for its intended purpose.
“Loan” means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund
(Centennial) Loan made pursuant to this loan agreement.
“Loan Amount” means either an Estimated Loan Amount or a Final Loan Amount , as applicable.
“Loan Fund” means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the loan .
“Loan Security” means the mechanism by which the RECIPIENT pledges to repay the loan .
“Loan Term” means the repayment period of the loan .
“Maintenance and Operation Expense” means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be
operated and maintained in good repair, working order, and condition including payments to other parties, but will not include
any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes .
“Net Revenue” means the Gross Revenue less the Maintenance and Operation Expense.
“Original Engineer’s Estimate” means the engineer’s estimate of construction costs included with bid documents .
“Principal and Interest Account” means , for a loan that constitutes Revenue-Secured Debt, the account created in the loan fund
to be first used to repay the principal of and interest on the loan.
“Project” means the project described in this agreement.
“Project Completion Date” means the date specified in the agreement on which the Scope of Work will be fully completed .
This term is only used in loan agreements.
“Project Schedule” means that schedule for the project specified in the agreement.
“Revenue-Secured Debt” means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not
a general obligation of the RECIPIENT.
“Reserve Account” means , for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and
condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the principal of
and interest on the loan.
Template Version 10/30/2015
Page 14 of 35State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
“Risk-Based Determination” means an approach to sub-recipient monitoring and oversight based on risk factors associated to
a RECIPIENT or project.
“Scope of Work” means the tasks and activities constituting the project .
“Section 319” means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution .
“Senior Lien Obligations” means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of
execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after
the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the
claim or lien of the loan, subject only to Maintenance and Operation Expense.
“State Water Pollution Control Revolving Fund (Revolving Fund)” means the water pollution control revolving fund established
by Chapter 90.50A.020 RCW.
“Termination Date” means the effective date of ECOLOGY’s termination of the agreement .
“Termination Payment Date” means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding
balance of the loan and all accrued interest.
“Total Eligible Project Cost” means the sum of all costs associated with a water quality project that have been determined to
be eligible for ECOLOGY grant or loan funding, including any required recipient match.
“Total Project Cost” means the sum of all costs associated with a water quality project , including costs that are not eligible for
ECOLOGY grant or loan funding.
“ULID” means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions
to and extensions and betterments of the Utility.
“ULID Assessments” means all assessments levied and collected in any ULID . Such assessments are pledged to be paid into
the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID
Assessments will include principal installments and any interest or penalties which may be due.
“Utility” means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net
Revenue of which is pledged to pay and secure the loan.
SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED
FINANCIAL ASSISTANCE FUNDING.
The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on
ECOLOGY’s Water Quality Program website.
A. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of
Chapter 39.80 RCW, “Contracts for Architectural and Engineering Services ,” have been, or shall be, met in procuring
qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final
architectural/engineering services contract and submit a copy of the contract to ECOLOGY.
B. Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition project:
a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the
type of ownership interest that has been acquired.
b. Legal Description of Real Property Rights Acquired . The legal description of the real property rights purchased with funding
assistance provided through this agreement (and protected by a recorded conveyance of rights to the State of Washington )
shall be incorporated into the agreement before final payment.
c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser
interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY ,
on behalf of the State of Washington . The documents required will depend on the project type, the real property rights being
acquired, and whether or not those rights are being acquired in perpetuity (see options below). The RECIPIENT shall use
language provided by ECOLOGY, to record the executed document in the County where the real property lies, and to
provide a copy of the recorded document to ECOLOGY.
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Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
Documentation Options:
1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve , protect, and/or
use the property for public purposes consistent with the fund source. RECIPIENTs shall use this document when acquiring real
property rights that include the underlying land. This document may also be applicable for those easements where the
RECIPIENT has acquired a perpetual easement for public purposes . The RECIPIENT must obtain ECOLOGY approval on
the draft language prior to executing the deed of right.
2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to
ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and
habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by
reference in the easement document.
3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of
Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language
will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language prior to
executing the easement or lease.
d. Real Property Acquisition and Relocation Assistance .
1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded
projects.
2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the terms
and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington , Chapter
8.26 RCW, and Chapter 468-100 WAC.
3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1)
above and/or state law set out in subsection (2) above, are involved in the execution of this project, the RECIPIENT agrees to
provide any housing and relocation assistance required.
e. Hazardous Substances.
1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site
for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify:
i. No hazardous substances were found on the site, or
ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws,
and the site is deemed “clean.”
2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set
forth in RCW 70.105D.
3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employees
and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees)
and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened
release of, hazardous substances on the property the RECIPIENT is acquiring .
f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses
The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, developed,
maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were
approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as one involving a lease or
a term-limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for
the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such
case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner
agreement.
C. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by
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Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be
delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial
Assistance Funding Guidelines available on ECOLOGY’s Water Quality Program funding website .
D. Electronic Fund Transfers: Payment will be issued through Washington State’s Office of Financial Management’s Statewide
Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form
and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about
the vendor registration process or electronic fund transfers, you can contact Statewide Payee Help Desk at (360) 407-8180
or email PayeeRegistration@ofm.wa.gov.
E. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology approved
construction plans and specifications, must be pre-approved by ECOLOGY’s project manager before purchase . All
equipment purchases over $5,000 and not included in a contract for work being completed on the funded project, must also
be reported on the Equipment Purchase Report in EAGL.
F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3.B for Section
319 funded or Section 5.E for SRF funded projects) funding participation in this project through the use of project signs,
acknowledgement in published materials, reports, the news media, websites, or other public announcements. Projects
addressing site-specific locations must utilize appropriately sized and weather-resistant signs. Sign logos are available from
ECOLOGY’s Financial Manager upon request .
G. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the
requirements of Chapter 36.70A RCW, “Growth Management Planning by Selected Counties and Cities.” If the status of
compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of
this change within 30 days.
H. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the
project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, “Interlocal Cooperation Act.”
The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon request .
I. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this
agreement.
J. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project results or
water quality project outcomes and the status of long-term environmental results or goals from the project approximately three
years after project completion. A representative from ECOLOGY’s Water Quality Program may contact the RECIPIENT to
request this data. ECOLOGY may also conduct site interviews and inspections , and may otherwise evaluate the project, as
part of this assessment.
K. Project Status Evaluation: ECOLOGY may evaluate the status of this project 18 months from the effective date of this
agreement. ECOLOGY’s Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends ,
completion of outcome measures, and overall project administration and performance. If the RECIPIENT fails to make
satisfactory progress toward achieving project outcomes, ECOLOGY may change the scope of work, reduce grant funds, or
increase oversight measures.
L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be
consistent with the current U.S. Natural Resource Conservation Service (“NRCS”) Field Office Technical Guide for
Washington State and specific requirements outlined in the Water Quality Funding Guidelines . Technical assistance, proposed
practices, or project designs that do not meet these standards may be eligible if approved in writing by ECOLOGY.
SECTION 3: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER
FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS.
The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY :
1. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website.
Template Version 10/30/2015
Page 17 of 35State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
2. “Section 319 Initial Data Reporting” form in EAGL.
A. Data Reporting: The RECIPIENT must complete the “Section 319 Initial Data Reporting” form in EAGL before this
agreement can be signed by Ecology. This form is used to gather general information about the project for EPA .
B. Funding Recognition and Outreach: In addition to Section 2.F. of these Special Terms and Conditions, the RECIPIENT
shall provide signage that informs the public that the project is funded by EPA . The signage shall contain the EPA logo and
follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate
EPA logo or seal graphic file, the RECIPIENT may sent a request to their Ecology Financial Manager.
To increase public awareness of projects serving communities where English is not the predominant language , RECIPIENTS
are encouraged to provide their outreach strategies communication in non-English languages. Translation costs for this purpose
are allowable, provided the costs are reasonable.
The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement:
“This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance
agreement to the Washington State Department of Ecology . The contents of this document do not necessarily reflect the views
and policies of the Environmental Protection Agency , nor does the mention of trade names or commercial products constitute
endorsement or recommendation for use.”
C. Load Reduction Reporting: The RECIPIENT shall complete the “Section 319 Annual Load Reduction Reporting” form in
EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has
completed the form. This form is used to gather information on best management practices (BMPs) installed and associated
pollutant load reductions that were funded as a part of this project.
D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension
cannot exceed the time limitation established in EPA’s assistance agreement . In the event a time extension is requested and
approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration
date.
SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND (SRF)
LOAN FUNDED PROJECTS ONLY.
A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records)
in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards
Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in
Chapter 43.09.200 RCW “Local Government Accounting – Uniform System of Accounting .”
B. Acquisitions: Section 319 and SRF Equivalency project RECIPIENTs shall comply with the terms and conditions of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law
91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act , PL 100-17-1987, and applicable
regulations and procedures of the federal agency implementing that Act .
C. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an
independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The
RECIPIENT must submit the form SF-SAC and a Single Audit Report Package within 9 months of the end of the fiscal year
or 30 days after receiving the report from an independent auditor. The SF-SAC and a Single Audit Report Package MUST be
submitted using the Federal Audit Clearinghouse’s Internet Data Entry System available at :
https://harvester.census.gov/fac/collect/ddeindex.html. For complete information on how to accomplish the single audit
submission, go to the Federal Audit Clearinghouse Web site: http://harvester.census.gov/fac/.
D. Archaeological Resources and Historic Properties (Section 106): The RECIPIENT shall comply with the additional
requirements under section 106 of the National Historic Preservation Act (NHPA, 36 CFR 800).
E. Data Universal Numbering System (DUNS) and Central Contractor Registration (CCR) Requirements: RECIPIENTs shall
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Page 18 of 35State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
have a DUNS number. Unless exempted from this requirement under 2 CFR 25.110, the RECIPIENT must ensure that their
organization’s information in the System for Award Management (SAM), https://www.sam.gov, is kept current through project
closeout. This requires that the RECIPIENT reviews and updates the information at least annually after the initial registration ,
and more frequently if information changes.
F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply
with the requirements of the Environmental Protection Agency’s Program for Utilization of Small , Minority, and Women’s
Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement.
Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts
whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting compliance
with the following six good faith efforts shall be retained:
1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable
through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTs , this shall
include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources.
2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for
contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation
by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for
bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date.
3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with Disadvantaged
Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include dividing total
requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged
Business Enterprises in the competitive process.
4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of
these firms to handle individually.
5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the
Department of Commerce.
6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in
paragraphs 1 through 5 above.
The RECIPIENT agrees to submit ECOLOGY’s Contractor Participation Report Form D with each payment request .
Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract
administration provisions of 40 CFR, Section 33.302.
Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race , color, national origin or sex in the
performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and
administration of contracts awarded under EPA financial assistance agreements . Failure by the RECIPIENT to carry out these
requirements is a material breach of this agreement which may result in the termination of this contract or other legally available
remedies.
This does not preclude the RECIPIENT from enacting broader nondiscrimination protections .
The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII of
the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972,
the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington’s Law Against Discrimination, and 42 U.S.C.
12101 et seq, the Americans with Disabilities Act (ADA).
In the event of the RECIPIENT’s noncompliance or refusal to comply with any applicable nondiscrimination law , regulation, or
policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT may be declared
ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure
this noncompliance.
The RECIPIENT shall include the following terms and conditions in contracts with all contractors , subcontractors, engineers,
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Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
vendors, and any other entity for work or services pertaining to this agreement.
“The Contractor will not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The
Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded
under Environmental Protection Agency financial agreements . Failure by the Contractor to carry out these requirements is a
material breach of this Contract which may result in termination of this Contract or other legally available remedies.”
Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list . The bidders
list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts,
including both MBE/WBEs and non-MBE/WBEs.
1. Entity's name with point of contact
2. Entity's mailing address, telephone number, and e-mail address
3. The procurement on which the entity bid or quoted, and when
4. Entity's status as an MBE/WBE or non-MBE/WBE
G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided under this
agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable
accommodations and an equal and effective opportunity to benefit from or participate in a program , including those offered
through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7.
Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or
diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with
disabilities, including those who use assistive technology.
H. Hotel-Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences , meetings, conventions or training
seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and
Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel-Motel National Master
List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information about the
Act. Pursuant to 15 USC 2225a.
I. Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of
trafficking in persons during the period of time this agreement is effective . This includes, but is not limited to, the procurement
of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of any information received
from any source alleging a violation under this provision.
SECTION 5: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED
PROJECTS ONLY.
The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY :
1. Financial Capability Assessment Documentation
2. Opinion of RECIPIENT’s Legal Council
3. Authorizing Ordinance or Resolution
4. Federal Funding Accountability and Transparency Act (FFATA) Form
5. CWSRF Federal Reporting Information form available in EAGL
6. Fiscal Sustainability Plan Certification Form (only required if the project includes construction of a wastewater or
stormwater facility construction)
7. Cost and Effectiveness Analysis Certification Form
A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the
design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action
which would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes , or
which would cause a violation of any covenant, condition, or provision herein.
B. American Iron and Steel (Buy American): This loan provision applies to projects for the construction, alteration,
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Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
maintenance, or repair of a “treatment works” as defined in the Federal Water Pollution Control Act (33 USC 1381 et seq.)
The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United States . Iron and
Steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers
and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast
concrete, and construction materials. The RECIPIENT may request waiver from this requirement from the Administrator of
the Environmental Protection Agency. The RECIPIENT must coordinate all waiver requests through ECOLOGY . This
provision does not apply if the engineering plans and specifications for the project were approved by ECOLOGY prior to
January 17, 2014. ECOLOGY reserves the right to request documentation of RECIPIENT’S compliance with this provision .
C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington , including
the RECIPIENT’s authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution . The RECIPIENT
shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall
be signed by ECOLOGY.
D. Equivalency Projects: (For designated equivalency projects only)
1. The RECIPIENT must procure architectural and engineering services in accordance with the federal requirements in
Chapter 11 of Title 40, U.S.C. (see
www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleI-chap11.pdf).
E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification
before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY
Financial Manager or on the Water Quality Program website .
F. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the
RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA assistance
agreements nationwide. The signage guidance can be found at:
http://www.ecy.wa.gov/programs/wq/funding/FundPrgms/CWSRF/SignageGuidanceJune2015.pdf.
G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage , public liability, and property
damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of the
buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or
privately-owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried
by municipal or privately-owned utilities engaged in the operation of like systems, or it shall self-insure or participate in an
insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss.
H. Litigation Authority: No litigation is now pending, or to the RECIPIENT’s knowledge, threatened, seeking to restrain, or
enjoin:
(i) the execution of this agreement; or
(ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of
ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations); or
(iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obligation-secured
loans and general obligation payable from special-assessment-secured loans); or
(iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are
authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their
respective offices is being contested . No authority or proceeding for the execution of this agreement has been repealed,
revoked, or rescinded.
I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan , unless
terminated earlier according to the provisions herein.
When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan
agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment
schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued
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Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
interest to the computation date.
The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a “Loan Amount”) shall bear interest
based on the interest rate identified in this agreement as the “Effective Interest Rate ,” per annum, calculated on the basis of a
365 day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that
each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments , semiannually, over
the term of this loan “Loan Term” as outlined in this agreement .
J. Loan Repayment:
Sources of Loan Repayment
1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below
and to perform and observe all other agreements and obligations on its part, contained herein, shall be absolute and
unconditional, and shall not be subject to diminution by setoff , counterclaim, or abatement of any kind. To secure the
repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all of the covenants , agreements, and
attachments contained herein.
2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT.
3. For General Obligation Payable from Special Assessments . This loan is a General Obligation Debt of the RECIPIENT
payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without
a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT .
4. For Revenue-Secured: Lien Position. This loan is a Revenue-Secured Debt of the RECIPIENT’s Utility. This loan shall
constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any
Senior Lien Obligations.
In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall constitute a
lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever .
5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it .
6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and shall not
affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan.
If the RECIPIENT defeases or advance refunds the loan , it shall be required to use the proceeds thereof immediately upon
their receipt, together with other available RECIPIENT funds, to repay both of the following:
(i) The Loan Amount with interest
(ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement , unless in its sole discretion ECOLOGY
finds that repayment from those additional sources would not be in the public interest.
Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY’s notice to make such repayment shall
incur Late Charges and shall be treated as a Loan Default.
7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall give
ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan .
Method and Conditions on Repayments
1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of principal and
interest on this loan shall be due and payable no later than one year after the project completion date or initiation of operation
date, whichever comes first.
Thereafter, equal payments shall be due every six months.
If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies ,
the payment shall be due on the next business day for Washington State agencies .
Payments shall be mailed to:
Department of Ecology
Cashiering Unit
P.O. Box 47611
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Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
Olympia WA 98504-7611
In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY’s Financial Manager .
No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed amendment
to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment
is effective, at which time the RECIPIENT’s payments shall be made pursuant to the amended agreement .
2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this
agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge . The late charge shall be
one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in full.
3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on
defeasance, refinancing and advance refunding, termination, and default and recovery of payments.
4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid principal
balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount . Any
prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the
Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest , the RECIPIENT
shall first contact ECOLOGY’s Revenue/Receivable Manager of the Fiscal Office .
K. Loan Security
Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and
Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations
pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater
amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and
Operation Expense and those debt service requirements.
Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer
system connections necessary to meet debt obligations and expected operation and maintenance expenses.
Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the
RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax
limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the
RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the
principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the
annual levy and collection of those taxes and the prompt payment of that principal and interest.
Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special
assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the
RECIPIENT in excess of any constitutional or statutory limitations .
Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as the
loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility , including applicable ULID
Assessments in the ULID, to pay when due the principal of and interest on the loan.
Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID
Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the loan.
L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded Utility in
good repair, working order, and condition.
M. Opinion of RECIPIENT’s Legal Counsel: The RECIPIENT must submit an “Opinion of Legal Counsel to the
RECIPIENT” to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form.
N. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon
Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in
whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the
Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and
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Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a
character similar in the locality as determined by the Secretary of Labor.
The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for
bids, proposals, quotes or other methods for soliciting contracts (solicitation). These wage determinations shall be
incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract
language regarding Davis-Bacon Wages is in all contracts and sub contracts in excess of $2,000. The RECIPIENT shall
maintain records sufficient to document compliance with the Davis -Bacon Act, and make such records available for review
upon request.
The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter
39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and
inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain
records sufficient to evidence compliance with Chapter 39.12 RCW, and make such records available for review upon
request.
O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the
following verification statement in the “General Comments” text box of each progress report.
“We verify that we are in compliance with all the requirements as outlined in our funding agreement (s) with the Department of
Ecology. This includes but is not limited to:
- The Davis-Bacon Act, 29 CFR (If applicable)
- Washington State Prevailing Wage Rate, Chapter 39.12 RCW (Pertaining to all recipients)
- The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33”
P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows:
Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection
with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, true and correct.
There is no material adverse information relating to the RECIPIENT, the project, the loan, or this agreement known to the
RECIPIENT, which has not been disclosed in writing to ECOLOGY.
Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of
Washington or a federally recognized Indian Tribe . It has full corporate power and authority to execute, deliver, and perform
all of its obligations under this agreement and to undertake the project identified herein.
Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and
warranties made in this loan agreement remain true as of the date of the request and that no adverse developments, affecting
the financial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the
loan, have occurred since the date of this loan agreement. Any changes in the RECIPIENT’s financial condition shall be
disclosed in writing to ECOLOGY by the RECIPIENT in its request for payment .
Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works,
plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a part of the funded
Utility unless:
1. The facilities or property transferred are not material to the operation of the funded Utility, or have become
unserviceable, inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer necessary,
material, or useful to the operation of the funded Utility; or
2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more
than three percent of the total assets of the funded Utility; or
3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to
the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less the
amount of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the funded Utility from
the portion of the funded Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period.
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Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
4. Expressed written agreement by the ECOLOGY-.
The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the
redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of additions to
and betterments and extensions of the Utility.
R. Sewer-Use Ordinance or Resolution for Funded Wastewater Facility Projects : If not already in existence, the RECIPIENT
shall adopt and shall enforce a sewer-use ordinance or resolution. Such ordinance or resolution shall be submitted to
ECOLOGY upon request.
The sewer use ordinance must include provisions to:
1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT’s sewer system .
2) Prohibit inflow of stormwater into separated sewer systems.
3) Require that new sewers and connections be properly designed and constructed.
S. Termination and Default:
Termination and Default Events
1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient
ECOLOGY or RECIPIENT funds.
2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to
commence project work.
3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan
repayment becomes 60 days past due.
4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the
RECIPIENT of all of its obligations under this loan agreement . The RECIPIENT shall be in default of its obligations under this
loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation required of
it by this loan agreement.
Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to the
RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the
“Termination Date”). The written notice of termination by the ECOLOGY shall specify the Termination Date and , when
applicable, the date by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest (the
“Termination Payment Date”).
Termination and Default Remedies
No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its sole
discretion, withdraw the loan and make no further payments under this agreement.
Repayment Demand. In response to an ECOLOGY initiated termination event , or in response to a loan default event,
ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and all
accrued interest.
Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the
RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month , or fraction thereof.
Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and interest
on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien Obligation upon
the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien Obligations are outstanding.
Repayments not made immediately upon such acceleration will incur Late Charges .
Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after
acceleration following a default event, as applicable, shall incur late charges.
Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, “Defaults,” any
state funds otherwise due to the RECIPIENT may, at ECOLOGY’s sole discretion, be withheld and applied to the repayment
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Agreement No:
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Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
of the loan.
Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment)
acquired under this agreement may, in ECOLOGY’s sole discretion, become ECOLOGY’s property. In that circumstance,
ECOLOGY shall reduce the RECIPIENT’s liability to repay money by an amount reflecting the fair value of such property .
Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys,
drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall , at the option of
ECOLOGY, become ECOLOGY property . The RECIPIENT shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents and other materials.
Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any
actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and observance of
any obligation by the RECIPIENT, under this agreement.
Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of attorneys and
other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff ) shall be awarded to the
prevailing party as that term is defined in Chapter 4.84.330 RCW.
Damages. Notwithstanding ECOLOGY’s exercise of any or all of the termination or default remedies provided in this
agreement, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and /or
the state of Washington because of any breach of this agreement by the RECIPIENT . ECOLOGY may withhold payments for
the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined .
T. User-Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and implement
a user-charge system and shall adopt a system of user -charges to assure that each user of the funded utility shall pay its
proportionate share of the cost of operation and maintenance, including replacement during the design life of the project. The
user-charge system will include provisions for a connection charge .
In addition, the RECIPIENT shall regularly evaluate the user-charge system, at least annually, to ensure the system provides
adequate revenues necessary to operate and maintain the funded utility, to establish reserves to pay for replacement, and to
repay the loan.
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for
debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving
contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements
contained in the certification, they must provide an explanation as to why they cannot.
2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set
out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact
ECOLOGY for assistance in obtaining a copy of those regulations .
4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a
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Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction.
5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement , that it will include this clause titled
“CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
transaction complies with certification of suspension and debarment requirements.
7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal
Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including
suspension and debarment.
8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the
signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
·Receives more than $25,000 in federal funds under this award.
·Receives more than 80 percent of its annual gross revenues from federal funds.
·Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form . Ecology is
required to report the FFATA information for federally funded agreements , including the required DUNS number, at
www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to
the public at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
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Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 7-1-2019 VERSION
1.ADMINISTRATIVE REQUIREMENTS
a)RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition ."
(https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html)
b)RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all
funds and resources made available under this Agreement .
c)RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring all
subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right to request
proof of compliance by subgrantees and contractors.
d)RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent
and character of all work and services.
2.AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent
modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized
representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative
information without the concurrence of either party.
3.ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no. 188,
Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all
products supplied under the agreement, providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic
documents intended for publishing on Ecology’s public web site .
4.ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources .
The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural
artifacts discovered, disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement .
RECIPIENT shall:
a)Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project :
•For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor
Executive Order 05-05, Archaeology and Cultural Resources.
•For projects with any federal involvement, if required, comply with the National Historic Preservation Act .
•Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site.
b)If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing
any project that involves ground disturbing activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
•Keep the IDP at the project site.
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Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
•Make the IDP readily available to anyone working at the project site .
•Discuss the IDP with staff and contractors working at the project site .
•Implement the IDP when cultural resources or human remains are found at the project site .
c)If any archeological or historic resources are found while conducting work under this Agreement :
•Immediately stop work and notify the ECOLOGY Program , the Department of Archaeology and Historic Preservation at
(360) 586-3064, any affected Tribe, and the local government.
d)If any human remains are found while conducting work under this Agreement :
•Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, and then the
ECOLOGY Program.
e)Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws
protecting cultural resources and human remains.
5.ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT .
6.COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees, ECOLOGY, all
affected local, state, or federal jurisdictions, and any interested individuals or groups.
7.COMPENSATION
a)Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT .
ECOLOGY must sign the Agreement before any payment requests can be submitted .
b)Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement .
c)RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure .
d)RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY .
e)ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and supporting
documentation. ECOLOGY will provide instructions for submitting payment requests .
f)ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g)RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk .
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9
form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov.
h)ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement .
i)Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion thereof,
has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement ,
as appropriate, or upon completion of an audit as specified herein.
j)RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement , all financial, performance, and
other reports required by this agreement. Failure to comply may result in delayed reimbursement.
8.COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to
this Agreement, including but not limited to:
a)RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of
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Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
Washington which affect wages and job safety .
b)RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against discrimination.
c)RECIPIENT certifies full compliance with all applicable state industrial insurance requirements .
d)RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the
permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered modified to
conform to that statute or rule of law.
9.CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility
in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor
affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds
thereof.
10.CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall award
all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services
through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure
legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT may be
required to provide written certification that they have followed their standard procurement procedures and applicable state law
in awarding contracts under this Agreement .
ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion .
11.DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the
determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for
below:
a)RECIPIENT notifies the funding program of an appeal request .
b)Appeal request must be in writing and state the disputed issue(s).
c)RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal .
d)ECOLOGY reviews the RECIPIENT’s appeal.
e)ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review.
The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of such
decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s decision
will not be taken to Environmental and Land Use Hearings Office .
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
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Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the
dispute resolution procedure outlined above.
12.ENVIRONMENTAL DATA STANDARDS
a)RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
•Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA)
officer or the Program QA coordinator instructs otherwise.
•Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004
(Ecology Publication No. 04-03-030).
•Submit the QAPP to ECOLOGY for review and approval before the start of the work .
b)RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM , find instructions at:
http://www.ecy.wa.gov/eim.
c)RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available at :
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when
requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data
collection files, map products, and all metadata and project documentation.
13.GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought hereunder will be
in the Superior Court of Thurston County.
14.INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the project
described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the other
harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of
that party or that party's agents or employees arising out of this Agreement .
15.INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be
employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other
party.
16.KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award
of a subcontract hereunder.
17.MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
Template Version 10/30/2015
Page 31 of 35State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned
(WBE) businesses in purchases and contracts initiated under this Agreement .
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to
take the following actions, when possible, in any procurement under this Agreement :
a)Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services.
b)Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation
by qualified minority and women's businesses.
c)Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and
women's businesses.
d)Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE)
(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate.
18.ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of
Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the
"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g)
General Terms and Conditions.
19.PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of
this Agreement:
a)If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior
to production and distribution.
b)RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline .
c)If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products
developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio
tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any
online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the
RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item.
Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic
requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY .
20.PROGRESS REPORTING
a)RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds.
b)RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed without a
progress report. ECOLOGY will define the elements and frequency of progress reports .
c)RECIPIENT shall use ECOLOGY’s provided progress report format .
d)Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through
Template Version 10/30/2015
Page 32 of 35State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the
quarter being reported.
e)RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been
approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program
guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format.
21.PROPERTY RIGHTS
a)Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free , nonexclusive,
and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to
use the same for federal, state, or local government purposes.
b)Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information ;
present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data
in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c)Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement , in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials .
d)Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants
and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary, or upon specific
instructions with respect thereto in this Agreement .
e)Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY . If said property
is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by
the RECIPIENT for the fair market value of such property .
f)Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
1.RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
2.RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and
attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by
this Agreement.
g)Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any equipment ,
property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of
that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this
Agreement bear to the total acquisition, purchase, or construction costs of such property.
22.RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
a)Be kept in a manner which provides an audit trail for all expenditures.
b)Be kept in a common file to facilitate audits and inspections.
c)Clearly indicate total receipts and expenditures related to this Agreement .
Template Version 10/30/2015
Page 33 of 35State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
d)Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington ,
for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.
Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY
and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for
at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in
order to monitor and evaluate performance, compliance, and any other conditions under this Agreement .
23.RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance
of this Agreement and completion of the work described in the Scope of Work .
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY , and any unauthorized expenditure(s) or
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT .
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement .
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY
demands repayment of funds.
Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24.SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid , such
invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision , and to
this end the provisions of this Agreement are declared to be severable .
25.STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental
Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to
this provision.
26.SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
27.SUSTAINABLE PRACTICES
In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement .
a)Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact
meetings, and setting up recycling and composting programs.
b)Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and
Template Version 10/30/2015
Page 34 of 35State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced
packaging, office products that are refillable , rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free
products.
For more suggestions visit ECOLOGY’s web page, Green Purchasing,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28.TERMINATION
a)For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination .
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work
on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in
writing for commencement of work, or the time period defined within the Scope of Work .
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of
ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement, and exercise any other rights under this Agreement .
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b)For Convenience
ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of
ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this
Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the
terms of this Agreement prior to the effective date of termination .
Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding . In the event funding
from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the
completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in
whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to
suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved . ECOLOGY may
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide
notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT . In no
event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the agreement and any amendments .
If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination .
RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of
funds by the RECIPIENT's governing body.
c)By Mutual Agreement
Template Version 10/30/2015
Page 35 of 35State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2020-BremPW-00047
Kitsap Lake Stormwater Treatment Retrofit Design
City of Bremerton
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement.
d)In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials
prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
29.THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state of
Washington is named as an express third party beneficiary of such subcontracts with full rights as such .
30.WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach , and will
not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized
representative of ECOLOGY.
Template Version 10/30/2015
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: July 22, 2020
Purchase of 2019 F-550 Versalift Boom
Truck from Northend Truck Equipment
COUNCIL MEETING Date: August 5, 2020
Department: PW&U
Presenter: Milenka Hawkins-Bates
Phone: (360) 473-5333
SUMMARY: The approved 2020 budget for ERR includes replacement for vehicle No. 3134, a 1999
Ford F-450 with Boom. The department has selected for replacement a 2019 F-550 Versalift Boom
Truck per quote from Northend Truck Equipment of Snohomish, Washington in the amount of
$134,503.78 including Washington state sales tax. Staff will be utilizing City of Seattle Contract
No.0000003205 which we have a City of Seattle Purchasing Cooperative ILA (number 3888). We will
surplus Vehicle 3134.
ATTACHMENTS: 1) Quote from Northend Truck Equipment of Snohomish, WA; 2) City of Seattle
Cooperative Agreement No. 3888; 3) Cooperative Purchasing Check List; and 4) Equipment
Justification Memo Added
FISCAL IMPACTS (Include Budgeted Amount): Budgeted within the 510 Fund
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move to approve the purchase of a 2019 F-550 Versalift Boom Truck
per quote from Northend Truck Equipment, of Snohomish, WA in the amount of $134,503.78
including Washington state sales tax.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A2
Updated
Qty.Unit Total Total
1 $121,661.96 $121,661.96
Chuck Ernst
charles.ernst@ci.bremerton.wa.us
City of Bremerton
360-473-5621
Equipment Service Division Supervisor
Cab:
Other Chassis Details: 19,500 GVW, V8 Diesel
Contract Term: 11/30/18 to 11/30/21
• Standard platform capacity of 350 lbs. (158.7 kg).
• VERSALIFT TruGuard™ dielectric isolating system with right hand
single stick control. All control handles are isolated and tested per ANSI
92.2. The high resistive dielectric system is protected from direct
environmental and job-related contamination. TruGuard™ technology
incorporates the use of full hydraulic controls with durable metal handles
and linkages.
• 180° hydraulic platform rotator.
• Full pressure turret mounted lower controls including override.
• Engine start/stop system with controls at platform and lower controls.
• Continuous unrestricted rotation including three pass collector ring.
• Three gpm (11.4 lpm) open center hydraulic system.
• Chassis insulating system (lower boom insert) including fiberglass
compensation link providing 12 inches (0.30 m) insulation gap.
• Fiberglass inner boom and patented ELECTROGARD providing 42 in.
(1.07 m) insulation gap fully retracted meeting ANSI A92.2 requirements
for Category C, 46 KV and below.
• Hydraulic tool power at bucket. Quick disconnect couplers not
included.
• ELECTROGARD and inner boom finished with white urethane paint
over white gel coat.
• Integral hydraulic oil reservoir with dual sight gauges and 15 gal. (56.8
l) capacity.
• End mounted closed 24 in. x 30 in. x 42 in. (0.61 m x 0.76 m x 1.07 m)
fiberglass platform with one step, liner and cover.
(See Bucket Upgrade Below)
Contract number: 0000003205
Chassis Information
Model: F-550 Year: 2019 CA: 84"
Northend Truck Equipment
20812 Broadway Ave.
Snohomish, WA 98296
Ph: 360-653-6066 Fax: 360-653-0100
1-800-653-6066
Visit Our Web Site - www.northendtruck.com
Item Description
VERSALIFT SST-40-EIH, an insulated, end mounted 40 ft.
telescopic articulating aerial platform lift, 45 ft. working height
Installed On a 2019 Diesel F-550 with Following Options
Contract Title: Multi-Year to Install Custom Bodies and Miscellaneous
Auxiliary Equipment On Customer supplied Vehicles
City of Seattle Contract
Prepared For:Contract Information:
Price Quotation For
Make: Ford
Quote# 200625BR
07/01/2020
Quote# 200625BR
Rev. 1
1 of 4
Description Cont.
Northend Truck Equipment
20812 Broadway Ave.
Snohomish, WA 98296
Ph: 360-653-6066 Fax: 360-653-0100
1-800-653-6066
Visit Our Web Site - www.northendtruck.com
• Master/slave hydraulic leveling with upper control to tilt for clean-out
and rescue. Leveling control at lower controls.
• Non lube bearings used at all pivot points.
• Multi link hose carrier system through booms.
• Boom cradle and ratchet type tie down strap.
• Two speed throttle control.
• 12-volt DC backup pump providing power to all boom functions.
• Mounting hardware for chassis/cab installation.
• Full body harness and lanyard.
• Painted standard white urethane.
• Two operator's manuals and two service manuals.
• ANSI A92.2 data plate.
Steel Service Body 132” long x 40” high x 94” wide to including the
following:
• 24” tread plate tail shelf.
• Cable access step at rear and side access.
• Two (2) chrome grab handles at side access and two (2) pool type grab
handles for rear tail shelf.
• Stainless steel automotive rotary door latches with chain stops on all
doors.
• LED lighting package installed in tail shelf with additional cutouts for
strobe lights
• Master door lock hook and loop system on each door with two (2)
spring loaded door handles. Excludes 1st vertical curbside.
• Wheel chock storage on curbside.
• Street side Compartmentation:
• 1st Vertical: Two (2) adjustable shelves with dividers.
• 2nd Vertical: One (1) adjustable shelf with dividers.
• Horizontal: Open.
• Rear Vertical: Two (2) adjustable shelves with dividers.
• Hot stick shelf with rear access door.
• Curbside Compartments:
• 1st Vertical: Two (2) adjustable shelves with dividers
• 2nd Vertical: Grip strut access steps to bed area with removable
composite side gate.
• Horizontal: Open.
• Rear Vertical: Five (5) fixed material hooks (1-3-1)
Quote# 200625BR
07/01/2020
Quote# 200625BR
2 of 4
Top Mounted Box #1:
76" long X 18" high X 20" wide 16-gauge galvanneal box with
14 gauge hot rolled treadplate top with one lift lid
- Gas assist door openers.
- Over center pad lockable latch.
- Automotive bulb weatherstip installed around top opening.
- Eight (8) 16 gauge hemmed fixed Dividers 16" high x 20" wide (9 equal
spaces approx. 8 7/16")
- Powder coat DB White interior & exterior.
- Three (3) UHMV strips 1/4" x 3" x 19" ship loose for bolting on top of
existing body.
Top Mounted Box #2:
28" long X 18" high X 20" wide 16-gauge galvanneal box with
14 gauge hot rolled treadplate top with
one 18-gauge double panel drop downside access door.
- Stainless Steel automotive rotary type door latches.
Stud mounted latches have hidden fasteners inside the door.
Wrap around Striker installed in door frame.
Stud mounted automotive style latches have interior plastic latch covers.
- Automotive bulb type weatherstripping mechanically fastened to door
frame with rounded corners.
- Rubber bumper
- Powder coat DB White interior & exterior.
- Two (2) UHMV strips 1/4" x 3" x 19" ship loose for bolting on top of
existing body.
Cab and chassis to the following specifications:
• 2019 Ford F-550 4x4 cab and chassis with a CA of 84”
• GVWR: 19,500 lbs payload plus upgrade package.
• 6.7L 4V OHV Power Stroke V8 turbo diesel engine
• TorqShift 6-speed automatic transmission
• Snowplow prep package including dual alternators (Total 332-Amps)
• 4.88 limited slip axle.
• Air conditioning.
• Engine block heater
• 225/70Rx19.5G BSW traction tires.
• Radio: AM/FM stereo includes 4 speakers.
• HD vinyl 40/20/40 slit bench seat
• Trailer brake controller
• Operator Commanded Regeneration (OCR)
• Rear view camera and prep kit
• Cab Painted Oxford White.
Northend Truck Equipment
20812 Broadway Ave.
Snohomish, WA 98296
Ph: 360-653-6066 Fax: 360-653-0100
1-800-653-6066
Visit Our Web Site - www.northendtruck.com
Description Cont.
Quote# 200625BR
07/01/2020
Quote# 200625BR
3 of 4
1 $1,736.00 $1,736.00
$123,397.96
$11,105.82
$134,503.78
7/2/2020 _______________
Zack Andrews
NORTHEND TRUCK EQUIPMENT .
Northend Truck Equipment
20812 Broadway Ave.
Snohomish, WA 98296
Ph: 360-653-6066 Fax: 360-653-0100
1-800-653-6066
Visit Our Web Site - www.northendtruck.com
Accepted: Zack Andrews Accepted_________________________Date:___________
• Price Includes Delivery To City of Bremerton.
• Upgrade Bucket To Include Door
Description Cont.
• This unit is in stock and ready for immediate delivery.
Applicable Sales Tax Percentage at Delivery Location 9.00%
Sales
SubTotal
NORTHEND TRUCK EQUIPMENT
Notes:
PO Number: _____________________
Accepted:_________________Date:
Zack Andrews
Sincerely,
Total Price with Tax Included
Thank You for your help on this, if you have any questions or need additional information
Please call or email me at 425-903-2207, ZackA@northendtruck.com
City of Bremerton
Chuck Ernst
Installation to include the following:
• Install VERSALIFT SST-40-EIH, mounting hardware, PTO and pump.
• Install rear torsion bar and ballast
• nstall and paint service body and accessories.
• Install combination pintle hitch with 2” ball, D rings and 7 prong trailer
connectors
• Install two (2) amber strobe lights in tail shelf and two (2) strobes lights
in front grill
• Install mud flaps, back up alarm and park brake interlock system.
• Furnish fire extinguisher, 3-piece triangle reflector kit and wheel
chocks.
• Test ride completed unit for 1 hour.
• Test and certify per ANSI A92.2
Quote# 200625BR
07/01/2020
4 of 4
Contract Number:
Vendor:
Subject:
Department:
File Class:
Begin Date:
End Date:
Review Date:
Vault Date:
Comments:
3888
SEATTLE - CITY Of
PURCHASING - COOPERATIVE
CITY CLERK
LEG 12-1
02/27/1998
06/15/2010
In force until terminated in writing
Review date for tracking only
City of Seattle
Dwight D. Dively,C~tU~A~TIV~PURI2HASINO
1~ ~x:ord~ with RCW ~ 39.34 ~d ~o other provisions of the law, The City of
The C~, in
rt~C~,~~~~~~mB~nm~
u~n ~ ~ ~ ~ ~o~s).
2. B~
3. ~ ~ ~B~ ~ be ~ ~ a~ o~ ~mB~
5. ~ City
Contracting Services Division, 700 Third Avenue, Room 910, Sooltle, WA 9810d,-1808
Tel. (206) 684.0444, TDD: (206) 233-7810, FAX: (206) 233-5155, http://~e, vw. ci.sea~e.wa.us
An equalempJoyment oppo~unily, affirmative ac~on employer. Accommodations for people w~ dimbililies provided on request.
O
Cooperative Purchasing Checklist
Use this checklist to determine if an awarded contract meets the requirements to ‘piggyback’.
Solicitation Title No.
Agency Name
DOES THE SOLICITATION MEET THE REQUIREMENTS YES NO
Do we have the authority to bid/contract for the item or service?
Is it solicited by a public or non-profit agency? City, County, State, School
District, Port, non-profit, or Co-Op established for this purpose?
Do we have a signed Interlocal Agreement with the Agency?
Was the solicitation conducted and awarded using a process consistent to
our codes and bid statutes? (Does this meet our solicitation requirement for
quotes or sealed process? Check what our dollar threshold process
requires.)
Does the solicitation and/or contract contain the language to piggyback?
Advertising – was this solicitation advertised in our legal newspaper or
was it posted on a web site established and maintained by a public agency,
purchasing cooperative or similar service provider, for purposes of posting
public notice of solicitations or government agency website or
provided an access link on the State’s web portal to the notice?
Was the contract awarded consistent to the RFP/ITB instructions? Review
the bid tabs or evaluation summary and award recommendations.
Do we have any statutory restrictions (multiple awards, preferences)?
Has the awarded vendor agreed to allow piggybacks? May be included in
the contract, may be referenced back to the solicitation document.
Is the solicitation/contract still in effect? If it has renewals, do we have a
copy of the valid renewal agreement?
Check the State and Federal debarment list. Is the vendor listed?
I have reviewed the items on the above checklist for this solicitation and
☐ meets the requirements ☐ does not meet the requirements
(Backup documentation has been scanned/saved into folder for this contract)
Buyer Name Date
Contract Specialist Date
Installation of Custom Bodies and Miscellaneous Auxiliary Equipment on City
of Seattle Supplies Vehicles FAS-82013
City of Seattle ILA PURCHASING AGREEMENT 3888
Melinda Monroe 07/10/2020
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Working for and with our residents to establish Bremerton as Puget Sound’s most beautiful and livable waterfront city !
Public Works and Utilities Department
100 Oyster Bay Ave. N. Bremerton, WA 98312 (360) 473-5315 FAX (360) 473-5360
EQUIPMENT JUSTIFICATION
DATE: July 21, 2020
TO: File
FROM: Milenka Hawkins-Bates, Operations Manager
SUBJECT: 2020 Vehicle Justification – Purchase of 2020 Ford F-550 VERSALIFT
This purchase replaces a 1999 Ford F-450 Bucket Truck, the criteria is as follows:
Vehicle# Description Purch Date Apx. Mileage Criteria
3134 1999 F-450 Bucket Truck 2004 93,000 Age & Safety Requirements
This vehicle will go to surplus
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: July 22, 2020
Purchase of Replacement Chains from
PMC, Inc. for the West Grit Chamber at the
Wastewater Treatment Plant
COUNCIL MEETING Date: August 5, 2020
Department: PW&U/WWTP
Presenter: Eric J. Burris
Phone: (360) 473-5448
SUMMARY: Grit is removed from sewage in the grit chamber at the wastewater treatment plant.
The grit settles out in a trough, and there are elongated buckets attached to the chains that gather up
the grit from the bottom, then dump the grit into an auger for removal. The chains in the west grit
chamber are well past their useful lifespan and require replacement. PMC, Inc. is the only
manufacturer of steel reinforced urethane chain. PMC, Inc. submitted a quote for $24,380 for parts
and shipping. The total for the parts with applicable Washington sales tax comes to $26,574.20.
ATTACHMENTS: 1) Quotation #200505-2 from PMC, Inc. 2) Picture
FISCAL IMPACTS (Include Budgeted Amount): Funds are available for the repair parts through
Fund 451.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the purchase of the replacement chains for the West Grit Chamber per quote from
PMC, Inc. in the amount of $26,574.20, including freight and Washington State sales tax.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A3
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: July 22, 2020
Public Hearing on Ordinance to vacate a
portion of Nipsic Avenue Right of Way
between E. 11th Street and E. 13th Street
COUNCIL MEETING Date: August 5, 2020
Department: PW&U
Presenter: Shane Weber
Phone: (360) 473-2354
SUMMARY: The adjacent property owner has petitioned the City to vacate a portion of Nipsic
Avenue located at the northwest corner of Nipsic Avenue and E. 11th Street to facilitate their home
improvement project. The portion of right of way vacation fronts 3 properties; 1110 Ironsides
Avenue, 1118 Ironsides Avenue, and 2428 E. 11th Street. All 3 property owners have signed the
petition to vacate which complies with the 2/3 requirement per BMC 11.20.070. No city or franchise
utilities are in the subject area, and the vacation will not preclude any future improvements in the
right of way.
ATTACHMENTS: 1. Proposed Ordinance No. _________; 2. Engineering Staff Report; 3. Exhibit A
and B – Legal Description and Site Plan; 4. Photograph; 5. Petition for Vacation
FISCAL IMPACTS (Include Budgeted Amount): None.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing
RECOMMENDED MOTION:
Move to pass Ordinance No. _____ to vacate a portion of Nipsic Avenue between East 11th Street
and East 13th Street.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A4
Page 1 of 2
City Ordinance Form Vacation of a portion of Nipsic Avenue
Rev. 10/2019
ORDINANCE NO. ________
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, vacating a portion of Nipsic Avenue Right
of Way between E. 11th Street and E. 13th Street.
WHEREAS, the adjacent property owner has initiated the vacation in accordance
with Bremerton Municipal Code (BMC) 11.20.070; and
WHEREAS, the City passed Resolution No. 3326 setting a hearing date to consider
the vacation, to take public comment or consider written objections to the vacation; and
WHEREAS, a public hearing was held by City Council with proper notice on
August 5th, 2020, to take public comment or consider written objections to the vacation; and
WHEREAS, the City Council has determined that it is in the best interest of the
public to proceed with the vacation; NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The foregoing recitals are incorporated as if fully set
forth herein.
SECTION 2. Vacation of Right-of-Way. A portion of Nipsic Avenue between E.
11th Street and E. 13th Street, legally described in Exhibit A and shown on the site plan set forth in
Exhibit B, which exhibits are attached and incorporated herein by this reference, is hereby vacated
to the abutting property owners subject to the reservation of easements, if any, as applicable.
SECTION 3. Vested Rights. No vested rights shall be affected by the provisions
of this ordinance.
SECTION 4. Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect
the validity of the remaining portion of this Ordinance and the same shall remain in full force and
effect.
SECTION 5. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
Page 2 of 2
City Ordinance Form Vacation of a portion of Nipsic Avenue
Rev. 10/2019
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. ________.
E. 11th St and Nipsic Ave Deckman
Page 1 of 3
(ATTACHMENT 2)
ENGINEERING STAFF REPORT
CITY COUNCIL HEARING DATE: Study Session 6/24; Resolution 7/1; Public Hearing
8/5
PREPARED BY: JK
SUMMARY
A. Applicant: Laura Deckman
2428 E. 11th Street
Bremerton, WA 98310
Location: Northwest Corner of E. 11th Street and Nipsic Avenue
BACKGROUND
The adjacent property owner of 2428 E. 11th Street (Lot 8) has petitioned the City to
have the east 10 feet of Lots 3, 4, 5, and the north 85 feet of the east 10 feet of Lot 8
Block 1 of the Addition to the Town of Decatur to be vacated. The applicant proposed
13’ but due to existing pavement an encroachment of the revised property line would
impact the paved street. The applicant agreed to the revised vacation width. The area is
undeveloped and is not accessed by the public with the exception of the adjacent
property owners (see pictures).
RIGHT-OF-WAY CONDITIONS EXISTING ROADWAY NEW ROADWAY
x Functional Classification Residential N/A
x R-O-W Width Varies 27’ – 40’ N/A
x R-O-W Areas N/A N/A
x Pavement Width 22’ N/A
x Surface Type Asphalt N/A
x Curb and Gutter No N/A
x Sidewalks No N/A
HEARING CONSIDERATIONS
BMC 11.20.120 sets forth issues that the City Council needs to determine at the
conclusion of the Vacation Hearing. These issues and the staff position are:
E. 11th St and Nipsic Ave Deckman
Page 2 of 3
1. Whether the street, alley or portion thereof is no longer required for public
use and vacation of the described portion will better serve the public good.
Staff Position:
Due to insufficient Right of Way dedication on the historic Brights Re-plat and the
Plat of Decatur Acre Tracts, improvements on this block of Nipsic Avenue are not
feasible. Also, obtaining additional Right of Way in this area for improvements
isn’t feasible due to buildings and bulkheads occupying the required area.
2. Whether the vacation is consistent with the City Comprehensive Plan.
3. Staff Position:
The proposed vacation does not conflict with the Comprehensive Plan.
4. Whether continued use of the proposed vacation as a public way is not of
such public benefit as to justify the costs of maintenance.
Staff Position:
The proposed area is an undeveloped strip adjacent to the asphalt street.
Adjacent homeowners are currently maintaining this area.
5. Whether substitution of a new and different thoroughfare would be more
useful to the public.
Staff Position:
No other thoroughfare would improve circulation in this area.
6. Whether conditions may so change in the future as to provide a greater
public use or need than presently exists.
Staff Position:
There is no anticipated future public transportation needs.
7. Whether objections to the proposed vacation are made by owners of
private property abutting the same.
Staff Position:
Adjacent property owners to the proposed Vacation have all signed the petition to
vacate.
SHORELINE ACCESS
This portion of right-of-way does not provide shoreline access.
UTILITIES
The City has no utilities in the pr oposed area to be vacated. Franchised ut ilities do not
have infrastructure in the proposed vacation area.
E. 11th St and Nipsic Ave Deckman
Page 3 of 3
SUFFICIENCY OF SIGNATURES
The petition exceeds the 2/3 front footage requirement.
COMPENSATION
No compensation owing as this is Class III Right of Way.
STAFF RECOMMENDATION
Staff recommends Approval to vacate the proposed 10.0 foot wide strip along Nipsic Avenue.
EXHIBIT A
LEGAL DESCRIPTION OF PORTION TO BE VACATED
SECTION 13, TOWNSHIP 24, RANGE 1E, W.M., in KITSAP COUNTY, WA
THE EAST 10 FEET OF LOTS 3, 4, 5, and THE NORTH 85 FEET OF THE
EAST 10 FEET OF LOT 8 in the ADDITION to the TOWN of DECATUR
AS RECORDED IN VOLUME 2 OF PLATS, PAGE 72, RECORDS OF
KITSAP COUNTY, WASHINGTON.
EXHIBIT B
ATTACHMENT 4
AREA OF VACATION
ATTACHMENT 5
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: July 22, 2020
Resolution to establish Bremerton CARES, a
Small Business Relief Grant Program in
response to COVID-19 to provide Business
Rental Assistance
COUNCIL MEETING Date: August 5, 2020
Department: Financial Services
Presenter: Michael Riley
Phone: (360) 473-5303
SUMMARY: The City has been allocated $1,264,400 from the federal government’s Coronavirus
Relief Fund (“CARES ACT funding”). The City intends to establish a small business grant relief
program and direct $255,000 of the COVID ACT funding to this program for small business
assistance, specifically a rent relief program.
ATTACHMENTS: 1) Resolution No. Bremerton CARES, Small Business Relief Program;
and 2) Department of Commerce COVID Cares Interagency Agreement Added
FISCAL IMPACTS (Include Budgeted Amount): $255,000 from COVID ACT Funding
STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to 1) accept funding allocation of $1,264,400 from the federal government’s Coronavirus Relief
Fund; and 2) approve Resolution No. 3329 establishing Bremerton CARES, Small Business Relief
Program directing $255,000 of the COVID ACT funding to the program, and to authorizing a budget
adjustment in the same amount.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A5
Updated
1
Small Business Relief Grant Program
RESOLUTION NO. ________
A RESOLUTION of the City Council of the City of
Bremerton, Washington, establishing Bremerton CARES, a small
business relief grant program in response to the novel Coronavirus
(COVID-19) to provide business rental assistance.
WHEREAS, On March 27, 2020, the United States Congress adopted the
Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) which, among other
things, amended Section 601(a) of the Social Security Act and established the Coronavirus Relief
Fund into which Congress appropriated $150 billion to make payments for specified uses to
States and certain local governments; and
WHEREAS, The Coronavirus Relief Fund is available to reimburse government
recipients for necessary expenditures incurred due to the COVID-19 public health emergency
that were not accounted for in the government recipient’s most-recently appropriated budget and
that were incurred during the period between March 1, 2020 and December 30, 2020; and
WHEREAS, Guidance issued by the U.S. Treasury Department indicates that
necessary expenditures incurred due to the COVID-19 public health emergency include costs
incurred to support local businesses that suffered losses due to COVID-19 business interruptions,
or incurred costs for personal protective equipment or other materials, supplies and equipment
needed to safely operate following a COVID-19-related closure; and
WHEREAS, the City Council believes a functioning local economy is critical to
protect the health and wellbeing of Bremerton residents, as the failure of small businesses due to
the pandemic will create a serious hardship on owners and individuals employed by those
businesses, and create additional financial burdens on government services by increasing demand
for government support to individuals who are unemployed coupled with a substantial decrease
in revenue for the City due to the pandemic; and
WHEREAS, the City Council desires to establish Bremerton CARES, a Small
Business Relief Grant Program, the focus of which is to provide short-term economic stability
via monetary grants to qualifying businesses located within City limits for business rental
assistance; and
WHEREAS, the City Council finds that this program will serve a governmental
purpose by wherein in exchange for cash allocations, qualified small businesses will be able to
re-open and provide the City’s residents with jobs, services and/or goods, and public services via
tax revenue; and
WHEREAS, the City Council has directed staff to build a program and utilize
general funds for this program, and seek reimbursement from the CARES program; and
2
Small Business Relief Grant Program
WHEREAS, the City has limited resources, including limited available personnel,
to administer the Program, and desires to partner with a qualified service provider capable of
serving as grant administrator, selected due to its unique qualifications for the performance of
this service during this declared state of emergency; and
WHEREAS, the City has developed the grant program and eligibility
requirements, based on the requirements for use of funds established by the Washington
Department of Commerce, the administrator for the CARES Act funding allocated to the City;
and
WHEREAS, the City shall allocate no more than $255,000 of CARES ACT
funding for this program, with a maximum of $5,000 allocated to a service provider for the
administration of the program and $250,000 for the relief grants to small businesses; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby adopts the recitals expressed above as
Findings of Fact in support of this Resolution.
SECTION 2. The City Council hereby establishes the Bremerton Cares, Small
Business Grant Relief Program, and allocates City general funding in the amount of $255,000 to
be utilized for economic recovery response to the impacts resulting from the COVID -19
pandemic. The City Council specifically directs that the $250,000 be disseminated pursuant to
the program criteria attached hereto as Exhibit A. Final selection of the grant recipients shall be
determined by the Mayor or designee, based on the parameters set forth in Exhibit A.
SECTION 3. The City Council authorizes the Mayor to adopt any necessary
administrative processes to implement this Resolution and attached policy set forth in Exhibit A,
in compliance with the provisions of state law.
SECTION 4. Severability. If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION 5. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this _____
day of __________________, 2020.
3
Small Business Relief Grant Program
ERIC YOUNGER, Council President
APPROVED AS TO FORM: ATTEST:
ROGER A. LUBOVICH, City Attorney ANGELA HOOVER, City Clerk
R:\Legal\Legal\Resolutions\Finance\Small Business Relief Grant Program 7-17-2020 - Final.doc
4
Small Business Relief Grant Program
Exhibit A
City of Bremerton
Bremerton Cares Small Business Relief Grant Program
Purpose
The City of Bremerton Small Business Relief and Recovery Grant Program is intended to ensure
the economic health of the City of Bremerton, and thereby improve the public health and welfare
for Bremerton’s residents. The grant funded allocated hereunder is designed to help small
businesses keep their doors open, protect local jobs threatened by the COVID-19 pandemic,
support community recovery, and increase the resiliency of local businesses in our community.
Through the program, eligible small businesses operating in the City of Bremerton have the
opportunity to apply for cash assistance to help with rent and to mitigate the impacts of revenue
reductions associated with COVID-19. The City anticipates awarding eligible small businesses
with a one-time cash grant of up to $5,000 based on justifiable need and business resiliency.
Administration of Program
The City shall supply the cash grants to qualifying small businesses, consistent with the criteria
herein. Due to the City’s limited personnel, to effectuate this policy, the City may enter into a
services agreement with a qualified non-profit organization to facilitate the timely and effective
dissemination of these funds to businesses.
Criteria for Grant Funding:
To be eligible for grant funding, a small business must meet the following criteria:
Must have a Bremerton business license
Have a physical location in the City of Bremerton on or before March 1, 2020
Have no more than 15 full-time employees.
Engage in a type of business eligible to receive funding by the US Small Business
Administration
Ability to demonstrate loss of revenue due to COVID-19 (Priority given to businesses
that were required to close due to the Governor’s order)
Your business has reopened prior to the date of the application
If you answer yes to all of the above your business may qualify
Permitted Use of Grant Funding:
Payment of business leasehold rents. Up to 6 months of rent from April thru September
2020 up to $5,000
5
Small Business Relief Grant Program
Not Permitted Uses for Grant Funding:
Wages, bonuses or draws by you as the owner. (These expenses were eligible under the
PPP loans)
Operating expenses other than rent
Businesses that received previous funding under the Working Washington Small
Business Emergency Grant program or other local grants
Not eligible for months that landlord provided rent relief
Mortgage payments on owner occupied buildings
Landlord must not have any ownership in business
No homebased businesses
Required Documentation From Applicants:
Application – As administered by the non-profit, all businesses seeking funding shall
submit an application demonstrating that the business meets the above criteria.
Evidence of Lease or Declaration from Landlord evidencing lease
Documentation related to real estate holding company may be required
Awards will be made to qualified small businesses applicants, through the execution of an
Agreement between the grant recipient and the City. Awarded small businesses may be, through
the Agreement, required to report on expenditures and outcomes through a one-time end of
program report.
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 1
1. AUTHORITY
COMMERCE and Contractor enter into this Contract pursuant to the authority granted by the Interlocal
Cooperation Act, Chapter 39.34 RCW.
2. ACKNOWLEDGMENT OF FEDERAL FUNDS
Funds under the Contract are made available and are subject to Section 601(a) of the Social Security
Act, as amended by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (CARES
Act), and Title V and VI of the CARES Act.
The Contractor agrees that any publications (written, visual, or sound) but excluding press releases,
newsletters, and issue analyses, issued by the Contractor describing programs or projects funded in whole
or in part with federal funds under this Contract, shall contain the following statements:
“This project was supported by a grant awarded by US Department of the Treasury. Points of
view in this document are those of the author and do not necessarily represent the official position
or policies of the US Department of the Treasury. Grant funds are administered by the Local
Government Coronavirus Relief Fund thru the Washington State Department of Commerce.”
3. CONTRACT 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 Contract.
The Representative for COMMERCE and their contact information are identified on the Face Sheet of
this Contract.
The Representative for the Contractor and their contact information are identified on the Face Sheet of
this Contract.
4. COMPENSATION
COMMERCE shall pay an amount not to exceed the contract amount listed on the Face Sheet for the
performance of all things necessary for or incidental to the performance of work under this Contract as set
forth in the Scope of Work (Attachment A).
5. EXPENSES
Contractor shall receive reimbursement for allowable expenses as identified in the Scope of Work
(Attachment A) or as authorized in advance by COMMERCE as reimbursable.
Travel expenses may include airfare (economy or coach class only), other transportation expenses, and
lodging and subsistence necessary during periods of required travel. Contractor shall receive compensation
for travel expenses at current state travel reimbursement rates.
6. INDIRECT COSTS
Contractor shall provide their indirect cost rate that has been negotiated between their entity and the federal
government. If no such rate exists a de minimis indirect cost rate of 10% of modified total direct costs
(MTDC) will be used.
7. BILLING PROCEDURES AND PAYMENT
COMMERCE shall reimburse the Contractor for eligible Project expenditures, up to the maximum payable
under this Contract. When requesting reimbursement for expenditures made, Contractor shall submit all
Invoice Vouchers and any required documentation electronically through COMMERCE’s Contracts
Management System (CMS), which is available through the Secure Access Washington (SAW) portal. If
the Contractor has constraints preventing access to COMMERCE’s online A-19 portal, a hard copy A-19
form may be provided by the COMMERCE Project Manager upon request.
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 2
The voucher must be certified by an official of the Contractor with authority to bind the Contractor. The final
voucher shall be submitted to COMMERCE no later than November 15, 2020.
COMMERCE will pay Contractor 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.
The invoices shall describe and document, to COMMERCE's satisfaction, reimbursable expenditures as
set forth under the Scope of Work (Attachment A) and Budget & Invoicing (Attachment B). The invoice shall
include the Contract Number as stated on the Face Sheet.
Each voucher must be accompanied by an A-19 Certification (Attachment C) and A-19 Activity Report
(Attachment D). The A-19 Certification must be certified by an authorized party of the Contractor to certify
and attest all expenditures submitted on the voucher are in compliance with the United States Treasury
Coronavirus Relief Fund (“Fund”) Guidance for State, Territorial, Local, and Tribal Governments:
https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State-Territorial-Local-
and-Tribal-Governments.pdf
The A-19 Activity Report must be submitted which describes, in Excel spreadsheet and narrative form, a
detailed breakdown of the expenditures within each applicable budget sub-category identified in the
voucher, as well as a report of expenditures to date. COMMERCE will not release payment for any
reimbursement request received unless and until the A-19 Certification and A-19 Activity Report is received.
After approving the Invoice Voucher, A-19 Certification and Activity Report, COMMERCE shall promptly
remit a warrant to the Contractor.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt
of properly completed invoices. Payment shall be sent to the address designated by the Contractor.
COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of
this Contract.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall
be made by COMMERCE.
Duplication of Billed Costs
The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE
shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other
source, including grants, for that service.
Disallowed Costs
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization
or that of its subcontractors.
Should the Contractor be found to spent funds inconsistent with federal laws, rules, guidelines, or otherwise
inappropriately, it is the responsibility of the Contractor to reimburse Commerce for any amount spent on
disallowed costs.
8. AUDIT
Contractor shall maintain internal controls providing reasonable assurance it is managing federal awards
in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a
material effect on each of its federal programs; and prepare appropriate financial statements, including a
schedule of expenditures of federal awards.
If the Contractor is a subrecipient and expends $750,000 or more in federal awards from any and/or all
sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program-specific
audit for that fiscal year. Upon completion of each audit, the Contractor shall:
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 3
A. Submit to COMMERCE the reporting package specified in OMB Super Circular 2 CFR 200.501,
reports required by the program-specific audit guide (if applicable), and a copy of any management
letters issued by the auditor.
B. Submit to COMMERCE follow-up and developed corrective action plans for all audit findings.
If the Contractor is a subrecipient and expends less than $750,000 in federal awards from any and/or all
sources in any fiscal year, the Contractor shall notify COMMERCE they did not meet the single audit
requirement.
The Contractor shall send all single audit documentation to auditreview@commerce.wa.gov.
9. DEBARMENT
A. Contractor, defined as the primary participant and it principals, certifies by signing these General Terms
and Conditions that to the best of its knowledge and belief that they:
i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency.
ii. Have not within a three-year period preceding this Contract, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public or private agreement or transaction,
violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, tax evasion, receiving
stolen property, making false claims, or obstruction of justice;
iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph
(1)(b) of federal Executive Order 12549; and
iv. Have not within a three-year period preceding the signing of this Contract had one or more
public transactions (Federal, State, or local) terminated for cause of default.
B. Where the Contractor is unable to certify to any of the statements in this Contract, the Contractor shall
attach an explanation to this Contract.
C. The Contractor agrees by signing this Contract that it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by COMMERCE.
D. The Contractor further agrees by signing this Contract that it will include the clause titled “Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transaction,” as follows, without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions:
LOWER TIER COVERED TRANSACTIONS
i. The lower tier Contractor certifies, by signing this Contract that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
ii. Where the lower tier Contractor is unable to certify to any of the statements in this Contract,
such contractor shall attach an explanation to this Contract.
E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,
person, primary covered transaction, principal, and voluntarily excluded, as used in this section,
have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive
Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations.
10. LAWS
The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of local,
state, and federal governments, as now or hereafter amended, including, but not limited to:
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 4
United States Laws, Regulations and Circulars (Federal)
Contractor shall comply with Uniform Administrative Requirements, Cost Principles, and Audit Requirement
for Federal Award, 2 CFR 200, Subpart F – Audit Requirements.
Contractor shall comply with the applicable requirements of 2 CFR Part 200, including any future
amendments to 2 CFR Part 200, and any successor or replacement Office of Management and Budget
(OMB) Circular or regulation.
Contractor shall comply with Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights
Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of
1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The
Department of Justice Non-Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28
C.F.R. Part 35 and 39.
11. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence
in the following order:
Applicable federal and state of Washington statutes and regulations
Special Terms and Conditions
General Terms and Conditions
Attachment A – Scope of Work
Attachment B – Budget & Invoicing
Attachment C – A-19 Certification
Attachment D – A-19 Activity Report
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 5
1. DEFINITIONS
As used throughout this Contract, 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. “Contract” or “Agreement” means the entire written agreement between COMMERCE and the
Contractor, including any attachments, documents, or materials incorporated by reference. E-mail
or facsimile transmission of a signed copy of this contract shall be the same as delivery of an
original.
D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this
Contract, and shall include all employees and agents of the Contractor.
E. “Personal Information” shall mean information identifiable to any person, including, but not limited
to, information that relates to a person’s name, health, finances, education, business, use or receipt
of governmental services or other activities, addresses, telephone numbers, social security
numbers, driver license numbers, other identifying numbers, and any financial identifiers.
F. ”State” shall mean the state of Washington.
G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or
part of those services under this Contract under a separate contract with the Contractor. The terms
“subcontractor” and “subcontractors” mean subcontractor(s) in any tier.
2. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
3. AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
4. ASSIGNMENT
Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred
or assigned by the Contractor without prior written consent of COMMERCE.
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION
A. “Confidential Information” as used in this section includes:
i. All material provided to the Contractor by COMMERCE that is designated as “confidential” by
COMMERCE;
ii. All material produced by the Contractor that is designated as “confidential” by COMMERCE;
and
iii. All personal information in the possession of the Contractor that may not be disclosed under
state or federal law.
B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information
solely for the purposes of this Contract and 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 Contractor shall take all necessary steps to assure that Confidential
Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of
Confidential Information or violation of any state or federal laws related thereto. Upon request, the
Contractor shall provide COMMERCE with its policies and procedures on confidentiality.
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 6
COMMERCE may require changes to such policies and procedures as they apply to this Contract
whenever COMMERCE reasonably determines that changes are necessary to prevent
unauthorized disclosures. The Contractor shall make the changes within the time period specified
by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any
Confidential Information that COMMERCE reasonably determines has not been adequately
protected by the Contractor against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working
days of any unauthorized use or disclosure of any confidential information, and shall take necessary
steps to mitigate the harmful effects of such use or disclosure.
6. COPYRIGHT
Unless otherwise provided, all Materials produced under this Contract shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be
considered the author of such Materials. In the event the Materials are not considered “works for hire”
under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in
all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE
effective from the moment of creation of such Materials.
“Materials” means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. “Ownership” includes the right to copyright, patent, register and the ability
to transfer these rights.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not
produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty-
free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and
represents that the Contractor has all rights and permissions, including intellectual property rights,
moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Contract. The
Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement
received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE
shall have the right to modify or remove any restrictive markings placed upon the Materials by the
Contractor.
7. DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in
the following manner: Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional member to the Dispute Board. The
Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a
determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority
prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As
an alternative to this process, either of the parties may request intervention by the Governor, as
provided by RCW 43.17.330, in which event the Governor's process will control.
8. GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of Washington,
and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior
Court for Thurston County.
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 7
9. INDEMNIFICATION
Each party shall be solely responsible for the acts of its employees, officers, and agents.
10. LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
11. RECAPTURE
In the event that the Contractor fails to perform this Contract in accordance with state laws, federal
laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an
amount to compensate COMMERCE for the noncompliance in addition to any other remedies available
at law or in equity.
Repayment by the Contractor of funds under this recapture provision shall occur within the time period
specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments
due under this Contract.
12. RECORDS MAINTENANCE
The Contractor shall maintain books, records, documents, data and other evidence relating to this
contract and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this contract.
The Contractor shall maintain records that identify, in its accounts, all federal awards received and
expended and the federal programs under which they were received, by Catalog of Federal Domestic
Assistance (CFDA) title and number, award number and year, name of the federal agency, and name
of the pass-through entity.
The Contractor shall retain such records for a period of six (6) years following the date of final payment.
At no additional cost, these records, including materials generated under the contract, 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.
13. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or
terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day
notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding
limitations and conditions.
14. SEVERABILITY
The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the contract.
15. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written
approval of COMMERCE.
If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 8
relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity;
or (c) require the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. Contractor
shall incorporate 2 CFR Part 200, Subpart F audit requirements into all subcontracts. The Contractor
is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition
of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure
fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or
reduce the liability of the Contractor to COMMERCE for any breach in the performance of the
Contractor’s duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for
claims or damages arising from a Subcontractor’s performance of the subcontract.
16. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract shall
so survive.
17. TERMINATION FOR CAUSE
In the event COMMERCE determines the Contractor has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before
suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need
to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be
terminated or suspended.
In the event of termination or suspension, the Contractor shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original contract and the replacement
or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of
the competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to
terminate the contract. A termination shall be deemed a “Termination for Convenience” if it is
determined that the Contractor: (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 contract are not exclusive and are in addition
to any other rights and remedies provided by law.
18. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this
Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of
this Contract for services rendered or goods delivered prior to the effective date of termination.
19. TERMINATION PROCEDURES
Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract,
may require the Contractor to deliver to COMMERCE any property specifically produced or acquired
for the performance of such part of this contract as has been terminated. The provisions of the
"Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Contractor 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
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 9
with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract.
COMMERCE may withhold from any amounts due the Contractor 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 contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Contractor shall:
A. Stop work under the contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the contract that is not terminated;
C. 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 Contractor under the orders and
subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or
pay any or all claims arising out of the termination of such orders and subcontracts;
D. 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 the
Authorized Representative may require, which approval or ratification shall be final for all the
purposes of this clause;
E. 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 contract had been completed, would have
been required to be furnished to COMMERCE;
F. Complete performance of such part of the work as shall not have been terminated by the Authorized
Representative; and
G. 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 contract, which is in the possession of
the Contractor and in which the Authorized Representative has or may acquire an interest.
20. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct
item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property
by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this
contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the
performance of this contract, or (ii) commencement of use of such property in the performance of this
contract, 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 Contractor shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this contract.
B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the Contractor or which results from the failure on the part of the Contractor
to maintain and administer that property in accordance with sound management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify
COMMERCE and shall take all reasonable steps to protect the property from further damage.
D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this contract
All reference to the Contractor under this clause shall also include Contractor’s employees, agents
or Subcontractors.
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 10
21. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.
Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be
such in writing and signed by Authorized Representative of COMMERCE.
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 11
Scope of Work
This funding is made available under section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security
Act (“CARES Act”) and Section V and VI of the CARES Act, for costs incurred due to the public health emergency with respect to the Coronavirus Disease
2019 (COVID-19). Under the CARES Act, the Coronavirus Relief Fund may be used to cover costs that:
1. Are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19); AND
2. Are not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or
government.
These funds may be used to reimburse for expenditures incurred during the period of March 1, 2020 thru Oct. 31, 2020. Please note: In order to ensure all
funds have been fully utilized prior to the US Treasury’s December 30, 2020 end date, the State of Washington must closeout contracts by October
31, 2020. All final requests for reimbursement must be received no later than November 15, 2020.
Expenditures must be used for necessary actions taken to respond to the public health emergency. These may include expenditures incurred to allow the local
government to respond directly to the emergency, such as by addressing medical or public health needs, as well as expenditures incurred to respond to
second-order effects of the emergency, such as by providing economic support to those suffering from employment or business interruptions due to COVID-
19-related business closures.
Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify under the statute. Although a broad
range of uses is allowed, revenue replacement is not a permissible use of Fund payments.
Payments may be used only to cover costs not accounted for in the budget most recently approved as of March 27, 2020. A cost meets this requirement if
either:
1. The cost cannot lawfully be funded using a line item, allotment, or allocation within that budget; OR
2. The cost is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation.
The “most recently approved” budget is the enacted budget for the relevant fiscal period for the particular government. A cost is not considered to have been
accounted for in a budget merely because it could be met using a budgetary stabilization fund, rainy day fund, or similar reserve account.
Allowable expenditures include, but are not limited to:
1. Medical expenses such as:
a. COVID-19-related expenses of public hospitals, clinics, and similar facilities.
b. Expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related
construction costs.
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 12
c. Costs of providing COVID-19 testing, including serological testing.
d. Emergency medical response expenses, including emergency medical transportation, related to COVID-19.
e. Expenses for establishing and operating public telemedicine capabilities for COVID-19-related treatment.
2. Public health expenses such as:
a. Expenses for communication and enforcement by State, territorial, local, and Tribal governments of public health orders related to COVID-19.
b. Expenses for acquisition and distribution of medical and protective supplies, including sanitizing products and personal protective equipment, for
medical personnel, police officers, social workers, child protection services, and child welfare officers, direct service providers for older adults and
individuals with disabilities in community settings, and other public health or safety workers in connection with the COVID-19 public health
emergency.
c. Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response to the COVID-19 public health emergency.
d. Expenses for technical assistance to local authorities or other entities on mitigation of COVID-19-related threats to public health and safety.
e. Expenses for public safety measures undertaken in response to COVID-19.
f. Expenses for quarantining individuals.
3. Payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to
mitigating or responding to the COVID-19 public health emergency.
4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such as:
a. Expenses for food delivery to residents, including, for example, senior citizens and other vulnerable populations, to enable compliance with COVID-
19 public health precautions.
b. Expenses to facilitate distance learning, including technological improvements, in connection with school closings to enable compliance with
COVID-19 precautions.
c. Expenses to improve telework capabilities for public employees to enable compliance with COVID-19 public health precautions.
d. Expenses of providing paid sick and paid family and medical leave to public employees to enable compliance with COVID-19 public health
precautions.
e. COVID-19-related expenses of maintaining state prisons and county jails, including as relates to sanitation and improvement of social distancing
measures, to enable compliance with COVID-19 public health precautions.
f. Expenses for care for homeless populations provided to mitigate COVID-19 effects and enable compliance with COVID-19 public health
precautions.
5. Expenses associated with the provision of economic support in connection with the COVID-19 public health emergency, such as:
a. Expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures.
b. Expenditures related to a State, territorial, local, or Tribal government payroll support program.
c. Unemployment insurance costs related to the COVID-19 public health emergency if such costs will not be reimbursed by the federal government
pursuant to the CARES Act or otherwise.
6. Any other COVID-19-related expenses reasonably necessary to the function of government that satisfy the Fund’s eligibility criteria.
Coronavirus Aid, Relief
and Economic Security
(CARES) Act
July 22, 2020
Overview
Tonight’s objectives:
Provide summary information and
background on the CARES act
Summarize eligible City expenditures
Review Proposed Resolution for
Funding of Small Business Assistance
CARES Act (H.R. 748)
$2.2 trillion federal aid package that provides financial aid to
families, governments, and businesses impacted by
the COVID-19 public health crisis, including:
$290 billion in direct payments to eligible taxpayers
$260 billion in expanded unemployment insurance
$150 billion for state and local governments
$510 billion in expanded liquidity lending for businesses and local
governments
$377 billion in new loans and grants for small businesses
$127 billion for hospitals for ventilators and other equipment
Coronavirus Relief Fund in
Washington State
State of Washington awarded $3 billion
$785 million or about 27% awarded to Seattle and
large counties with populations over 500,000
$300 million or 10% awarded to smaller counties
and cities
Remaining 63% or $1.9 billion will remain with State
Coronaviru
s Relief
Fund
City of Bremerton will receive
allocation from $300 million for
small cities and counties
Federal Grant Administered
through Washington State
Department of Commerce
Grant period from March 1 to
October 31, 2020
Coronavirus Relief Fund
in Washington State
Coronavirus Relief Fund in
Washington State
6
Each City awarded $30 per capita
City of Bremerton awarded
$1,262,400
Use of the
Funds
Eligible Cost Test Criteria
1.The expense is connected to the
COVID-19 emergency
2.The expense is “necessary”
3.The expense is not filling a shortfall in
government revenues
4.The expense is not funded through
another budget line item, allotment or
allocation as of March 27, 2020
5.The expense wouldn’t exist without
COVID-19 OR would be for a
“substantially different” purpose
Coronavirus Relief Fund in
Washington State
Examples of Eligible Costs
Facility Improvements, Equipment, Supplies
and Cleaning
Telework, infrastructure and equipment
such as computers and phones
Facility improvements such as plexiglass,
partitioning and repairs
Acquisition of Personal Protective
equipment such as masks, gloves,
sanitizer, shields etc.
Examples of Eligible Costs
Continued
Eligible Personnel & Outside Services
Wages and benefits that were not
budgeted or were for “substantially
different” functions than budgeted.
Examples:
Police and Fire overtime related to
COVID
Operations & Maintenance labor on
building and facilities improvements
Extra cleaning and custodial services
Examples of Eligible Costs
Continued
Eligible Personnel & Outside Services
City staff Emergency Operations
Center (EOC) wages and benefits
City resources (staff time) that were
budgeted but were devoted to
activities (EOC/emergency response)
rather than planned service delivery
Examples of Eligible Costs
Continued
Economic Assistance
Economic support to community
residents such as rental assistance. For
example, the City’s funding for the rental
assistance program is an eligible expense
Examples of Eligible Costs
Continued
Economic Assistance
Assistance to other local governments
who otherwise would not receive grant
funds
Grants to small businesses to reimburse
the costs of business interruption caused
by required closures
City of Bremerton’s Funding
Allocation and Proposal
City of Bremerton awarded $1,262,400 through
an agreement with Washington State
Department of Commerce.
Funding Allocation Proposal
CARES Award -$1,262,400 & HUD CARES $268,000
(previously awarded)
Staff Recommendations –
Rental Assistance $268,000
Funding Previously Received and Allocated to
Bremerton Housing Authority
Staff Recommendations –City
Eligible Expenses ($1,007,400)
Staff Recommendations –Small
Business Assistance ($255,000)
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT:
2nd Amendment to Professional Services
Agreement with BMcConsulting, LLC
Study Session Date: July 22, 2020
COUNCIL MEETING Date: August 5, 2020
Department: Executive
Presenter: Mayor Wheeler
Phone: (360) 473-5754
SUMMARY: On October 30, 2018 the City entered into a consulting agreement with BMcConsulting
LLC to provide lobbying services through June 30, 2019. In 2019 the first amendment to this
agreement extended services to June 30, 2020. The City has determined that we would like to
continue to utilize BMcConsulting. This second amendment extends the term of the contract through
June 30, 2021. Payment is to remain the same for the same monthly period, as stated in the original
agreement, not to exceed $54,000 annually and as identified in the 2020 approved budget. As this
contract has a mid-year term this will mean an additional amount of $24,000 through the end of 2020.
ATTACHMENTS: 1) BMcConsulting LLC Agreement Original; 2) First Amendment to Consulting
Agreement; 3) Second Amendment to Consulting Agreement
FISCAL IMPACTS (Include Budgeted Amount) General Fund Non-Departmental (included in 2020
approved budget) total annual compensation is $54,000 - no change requested.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the Second Amendment to the Professional Services Agreement with
BMcConsulting LLC; and authorize the Mayor to finalize and execute the amendment with
substantially the same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/18
A6
PROFESSIONAL SERVICES AGREEMENT
BMcConsulting LLC
The City of Bremerton ("City") and BMcConsulting LLC ("Consultant"), referred to
collectively as the "Parties," enter into the following Agreement for professional services:
I. Scope: The Consultant agrees to perform the services more specifically described in the
Scope of Work, including any attachments thereto, attached hereto as Exhibit A, which is
incorporated by reference herein. The Scope of Work may be modified only pursuant to Section
VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such
services shall only be performed upon the express written request of the City. Consultant further
represents that the services furnished under this Agreement will be performed in accordance with
generally accepted professional practices in effect at the time such services are performed.
II. Term: The City and the Consultant agree that the term of this Agreement will be for one
year beginning on July 1, 2018 and ending June 30, 2019. This Agreement may be terminated
pursuant to Section IX.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant $4,000.00 per month from July 1, 2018 to December 31, 2018 and
5,000.00 per month from January 1, 2019 to June 30, 2019.
The Consultant shall submit regular billing statements detailing work performed and
amount charged on each task or portion thereof. The descriptions shall conform to and fall
within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a
conforming billing statement, the City shall promptly process payment. PROVIDED,
HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay
work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and
billing fees shall be as delineated in Exhibit C.
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Consultant shall only be compensated for additional services if requested pursuant
to Section I and, if not otherwise provided, such compensation shall be in accordance with
Exhibit C.
If a billing statement does not conform to this Agreement, the City may withhold
payment until the statement is brought into compliance. Such withholding does not relieve
Consultant of its obligations under this Agreement.
IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Work and is performing independent functions and responsibilities within its
field of expertise. Consultant and its personnel are independent Consultants and not employees
of the City. Consultant and its personnel have no authority to bind the City or to control the
City's employees and other Consultants. None of the benefits provided by the City to its
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employees, including, but not limited to, compensation, insurance, and unemployment insurance
are available from the City to the employees, agents, representatives, or sub -Consultants of the
Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of
Consultant's agents, employees, representatives and sub -Consultants during the performance of
this Agreement. The City may, during the term of this Agreement, engage other independent
Consultants to perform the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State
professional licensing, and City business licensing. If any taxes or fees due the City have been
declared delinquent, the City may withhold the delinquent amount, plus any additional charges
arising from the delinquency, from any payments due Consultant.
V. Indemnification:
A. Consultant shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement except for that portion of the injuries and damages caused by the
City's sole negligence, unless Consultant is conducting work pursuant to Subsection B below.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
B. Architects, Engineers and Any Other Professional Listed In and Performing
Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that
Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in
the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to
the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY
FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
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connection with the performance of the work hereunder by the Consultant, its agents,
representatives, employees, sub -consultants or sub -Consultants.
Before beginning work on the project described in this Agreement, the Consultant shall
provide a Certificate of Insurance evidencing:
1. Professional Liability insurance with limits no less than $1,000,000 limit per
occurrence/claim.
2. Workers Compensation insurance as statutorily required by the Industrial Insurance Act
of the State of Washington.
Any payment of deductible or self insured retention shall be the sole responsibility of the
Consultant.
All required policies shall be provided on an "occurrence" basis except professional
liability insurance (if required), which may be provided on a "claims -made" basis.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of
all the required insurance policies and endorsements. The City further reserves the right to reject
any unacceptable policies and/or endorsements.
The Consultant's Commercial General Liability insurance shall contain a clause stating
that coverage shall apply separately to each insured against whom claim is made or suit is
brought, except with respects to the limits of the insurer's liability.
The Consultant's insurance shall be primary and non-contributory insurance as respects
the City and shall contain a waiver of subrogation against the City for claims arising out of any
operations, liabilities and obligations to which coverage applies. It shall be an affirmative
obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by
certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6tn
Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or
substantive change of any insurance policy set out herein, and failure to do so shall be construed
to be a breach of this Agreement.
The City also reserves its unqualified right to require at any time and for any reason,
proof of coverage in the form of a duplicate of the insurance policy with all endorsements as
evidence of coverage.
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and
documents shall be furnished in the time and form requested. Consultant shall maintain
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accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate all billed amounts.
B. Ownership and Use of Records and Documents: Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City. All written information submitted by the City to the Consultant in
connection with the services performed by the Consultant under this Agreement will be
safeguarded by the Consultant to at least the same extent as the Consultant safeguards like
information relating to its own business. If such information is publicly available or is already in
Consultant's possession or known to it, or is rightfully obtained by the Consultant from third
parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in Gig Harbor, Washington. Consultant shall make such data, documents,
and files available to the City upon its request at all reasonable times for the purpose of editing,
modifying and updating as necessary until such time as the City is capable of storing such
information in the City's offices. Duplicate copies of this information shall be provided to the
City upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service
with respect to the project and are the property of the City. Any reuse by the City for other than
the specific purpose intended will be at City's sole risk.
C. Use of Photographs and Images. Consultant shall not use or distribute
photographs or images depicting City officials, personnel, property, or equipment whether
prepared by Consultant or provided by City without prior written consent of the City. The City
will not unreasonably withhold its consent.
D. Work Performed at Consultant's Risk: Consultant shall take all precautions
necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in
the performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss
of or damage to materials, tools, or other articles used or held for use in connection with the
work.
E. Place of Work: The Consultant shall perform the work authorized under this
Agreement at its offices in Gig Harbor, Washington. Meetings with the City staff as described in
Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed
upon by the parties.
F. Entire Agreement: This Agreement and its Exhibits constitutes the entire
agreement between the Parties, and the Parties acknowledge that there are no other agreements,
written or oral, that have not been set forth in the text of this Agreement.
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G. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
H. Modification: This Agreement may only be modified by written instrument signed
by both Parties.
I. Written Notices: All communications regarding this Agreement shall be sent
to the parties at the addresses listed below by registered or 1 st class mail, or by personal service,
and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
City Address
Greg Wheeler, Mayor
City of Bremerton
3456 1h Street, Suite 100
Bremerton, WA 98337
Consultant Address
Bryan McConaughy
BMcConsulting, LLC
15 Marble Beach Dr. NW
Gig Harbor, WA 98332
J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
K. Non -Waiver of Breach: The failure of the City to insist upon strict performance
of any of the covenants and agreements contained herein, or to exercise any option herein
conferred in one or more instances shall not be construed to be a waiver or relinquishment of
said covenants, agreements or options, and the same shall be and remain in full force and effect.
L. Compliance with Laws: Consultant shall comply with all applicable Federal,
State, and local laws in performing its obligations under this Agreement.
M. Choice of Law and Venue: This Agreement shall be interpreted according to the
laws of the State of Washington. Any judicial action to resolve disputes arising out of this
Agreement shall be brought in Kitsap County Superior Court.
N. Attorneys' Fees: In the event of litigation to enforce any of the terms or
provisions herein, each party shall pay all its own costs and attorney's fees.
O. Assignment: Any assignment of this agreement by the Consultant without the
written consent of the City shall be void.
VIII. Nondiscrimination: Consultant 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 for employment actions based on bona fide occupational qualification.
IX. Termination: Either party may terminate this Agreement at any time for any reason
upon thirty (30) days prior written notice, subject to those obligations set forth in this Agreement
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which arise upon or survive termination. Any Notice by Consultant shall include a report
showing the status of all items listed in the Scope of Work current through the termination date.
A. Rights Upon Termination: In the event of termination, the City shall pay for all
services performed by the Consultant to the effective date of termination, as described on a final .
invoice submitted to the City. After termination, the City may take possession of all records and
data within the Consultant's possession pertaining to this project which may be used by the City
without restriction. Any such use not related to the project which Consultant was contracted to
perform shall be without liability or legal exposure to the Consultant.
X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby
certifies, by signing this agreement, that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency. Consultant shall provide
immediate written notice to the City if at any time it learns that it is or has become ineligible for
certification. Should Consultant enter into a covered transaction with another firm, Consultant
agrees by signing this agreement that it will verify that the firm with whom it intends to do
business is not debarred, suspended, ineligible, excluded or disqualified.
CITY OF BREMERTON CONSULTANT
By:r Wheeler
Its: a or
Date: to ) 30 120 i 8
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By: ryan McConaughy
Its: Principal
Date: 1 o l 30 1-3
AGENDA BILL 5GCITYOFBREMERTON
CITY COUNCIL
SUBJECT: Amendment No. 1 to the Study Session Date: June 12, 2019
Consulting Agreement with BMcConsulting, COUNCIL MEETING Date: June 19, 2019
LLC Department: Executive
Presenter: Michael Riley
Phone: (360) 473-5303
SUMMARY: On October 30, 2018 the City entered into a consulting agreement with BMcConsulting
LLC. to provide lobbying services. This amendment extends the term of the contract through June
30, 2020. Payment is to remain the same for the same monthly period, as stated in the original
agreement, not to exceed $54,000 annually as identified in the 2019 approved budget.
ATTACHMENTS: BMcConsulting LLC Agreement Original; First Amendment to Consulting
Agreement
FISCAL IMPACTS (Include Budgeted Amount) General Fund Non-Departmental (included in 2019
approved budget) total annual compensation is $54,000.
STUDY SESSION AGENDA: ID Limited Presentation LI Full Presentation
STUDY SESSION ACTION: I] Consent Agenda LI General Business LI Public Hearing
RECOMMENDED MOTION:
Move to approve the first amendment with BMcConsulting LLC term extension; and authorize the
Mayor to finalize and execute the amendment with substantially the same terms and conditions as
presented.
COUNCIL ACTION: ,[] Approve Deny Table Continue No Action
Form Updated 01/02/18
FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT BETWEEN
CITY OF BREMERTON AND BMcCONSULTING
THIS FIRST AMENDMENT, entered into on the date fully executed below,
specifically amends the Consulting Agreement ("Agreement") entered into between the
City of Bremerton and BMcConsulting LLC on October 30, 2018.
WHEREAS, the parties desire to amend the Agreement, as set forth in this First
Amendment, to extend the term of the Agreement for 12 additional months;
NOW THEREFORE, for valuable consideration and by mutual consent of the
parties, the Agreement is amended as follows:
1. Term Extension. Section I entitled Term of the Agreement, is modified to
extend the original term of the Agreement so that the term now ends on June 30, 2020.
2. Compensation. Shall match the terms set forth in the original Consulting
Agreement. The City shall pay Consultant $4,000.00 per month from July 1, 2019 to
December 31, 2019, and $5,000.00 per month from January 1, 2020 to June 30, 2020, for
the extended term.
3. This document will become a supplement of the Agreement and all
provisions will apply hereto. All other terms of the Agreement not specifically amended
herein shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First
Amendment to Agreement on the day and year written below.
BMcCONSULTING LLC CITY OF BREMERTON
w
By Bryan McConau By eg Wheeler
Its Principal Its Mayor
DATE: 0 7 / 14 /2 01 I DATE: —1 — 1 — 2 G 1°t
APPROVED AS TO FORM: ATTEST:
0 a _k_Zild)
c(
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EXHIBIT A
SCOPE OF WORK
Consultant shall provide the City of Bremerton with the following governmental affairs services:
Work with the City to develop a holistic legislative agenda.
Meet with Legislators to promote City legislative agenda items.
Develop 2019 legislative agenda for the City.
Develop and lobby for Transportation and Capital Budget funding requests identified by the
Council and the Mayor.
Lobby the Legislature on all issues developed under the legislative program.
Lobby defensively on legislation that is introduced that would negatively impact the City.
BMcConsulting would register as the City's lobbyist with the Public Disclosure Commission.
Attend/monitor Puget Sound Coordinating Council to ensure City of Bremerton interests are
addressed.
Attend relevant meetings/monitor and assist with specific projects of interest to the City, in
particular, the State Route 303 (Warren Avenue/Wheaton Way) Corridor and the Harrison -
Eastside Employment Center.
If Consultant is hired to support the City of Bremerton during session, the following will be
included to the scope of work:
Provide the City with a weekly legislative report during the legislative session that includes
weekly hearing schedules and a summary of bills important to the City. Identify legislation that
would impact the City of Bremerton specifically.
Attend all relevant legislative hearings.
Develop talking points and testimony, as needed, for meetings with Legislators and testimony
before legislative committees; help coordinate such visits with City officials.
Professional Services Agreement - BMcConsulting, LLC 1
SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT BETWEEN
CITY OF BREMERTON AND BMcCONSULTING
THIS SECOND AMENDMENT, entered into on the date fully executed below,
specifically amends the Consulting Agreement (“Agreement”) entered into between the
City of Bremerton and BMcConsulting LLC on October 30, 2018.
WHEREAS, the parties amended the contract effective July 1, 2019 extending
the term of the Agreement to June 30, 2020; and
WHEREAS, the parties desire to amend the Agreement, as set forth in this
Second Amendment, to extend the term of the Agreement to June 30, 2021;
NOW THEREFORE, for valuable consideration and by mutual consent of the
parties, the Agreement is amended as follows:
1. Term Extension. Section I entitled Term of the Agreement, is modified to
extend the original Term of the Agreement so that the term now ends on June 30, 2021.
2. Compensation. Shall match the terms set forth in the original Consulting
Agreement. The City shall pay Consultant a total of $54,000; $4,000 per month from July
1, 2020 to December 31, 2020, and $5,000 per month, from January 1, 2021 to June 30,
2021.
3. Written Notices. Section VII. General Conditions item I. Written Notices
has been modified to reflect changes to the Consultant Address. It has been changed from
BMcConsulting, LLC, 15 Marble Beach Dr. NW, Gig Harbor, WA 98332 to:
Consultant Address:
Bryan McConaughy
BMcConsulting, LLC
7105 Marble Beach Dr. NW
Gig Harbor, WA 98332
4. This document will become a supplement of the Agreement and all
provisions will apply hereto. All other terms of the Agreement not specifically amended
herein shall remain in full force and effect.
Professional Services Agreement - BMcConsulting, LLC 2
IN WITNESS WHEREOF, the parties hereto have executed this Second
Amendment to Agreement on the day and year written below.
BMcCONSULTING LLC CITY OF BREMERTON
By Bryan McConaughy By Greg Wheeler
Its Principal Its Mayor
DATE: DATE:
APPROVED AS TO FORM: ATTEST:
Bremerton City Attorney City Clerk
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