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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:  https://us02web.zoom.us/j/87624002249?pwd=NTRnVTl3WEN6azZMVUl4THVoTHdnUT09 Password: 209823  Or iPhone one-tap: US: +12532158782,,87624002249#,,,,0#,,209823# or +16699006833,,87624002249#,,,,0#,,209823#  Or Telephone: Dial (for higher quality, dial a number based on your current location): +1 360 415 1029… +1 253 215 8782 US… +1 301 715 8592 US 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. Template Version 10/30/2015 Page 15 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 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 Template Version 10/30/2015 Page 16 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 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 Template Version 10/30/2015 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, Template Version 10/30/2015 Page 19 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 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, Template Version 10/30/2015 Page 20 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 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 Template Version 10/30/2015 Page 21 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 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 Template Version 10/30/2015 Page 22 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 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 Template Version 10/30/2015 Page 23 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 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. Template Version 10/30/2015 Page 24 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 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 Template Version 10/30/2015 Page 25 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 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 Template Version 10/30/2015 Page 26 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 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/>. Template Version 10/30/2015 Page 27 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 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. Template Version 10/30/2015 Page 28 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 •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 Template Version 10/30/2015 Page 29 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 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 Template Version 10/30/2015 Page 30 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 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 4 4 4 4 4 4 4 4 4 4 4 4 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 Bremerton/BMcConsulting LLC Lobbying Services Page 1 of 6 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 Bremerton/BMcConsulting LLC Lobbying Services Page 2 of 6 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 Bremerton/BMcConsulting LLC Lobbying Services Page 3 of 6 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. Bremerton/BMcConsulting LLC Lobbying Services Page 4 of 6 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 Bremerton/BMcConsulting LLC Lobbying Services Page 5 of 6 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 R:\Legal\Legal\Contracts\I XECU'I'I VE\BMcConsulting Agreement 2018 - Final.doc Bremerton/BMcConsulting LLC Lobbying Services Page 6 of 6 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( 13remerton Ci(y) ttorney it le illR:\Legal\Legal\Contracts\EXECUTIVE\BMcConsulting Amend I.doc 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 R:\Legal\Legal\Contracts\EXECUTIVE\BMcConsulting Amend 2.doc