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11/10/2021 STUDY SESSION AGENDA PACKET
______________________________________________________________ th CITY COUNCIL 345 6 Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280 WEDNESDAY, NOVEMBER 10, 2021 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 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, these items will be placed on the November 17, 2021 Members of the public are invited to join the Zoom webinar by clicking on the following link: https://us02web.zoom.us/j/89068277491?pwd=aWlGOE0wN2VNN3dHbUVibzdmU09EUT09 Or iPhone one-tap: US: +12532158782,,89068277491#,,,,*209823# or +16699006833,,89068277491#,,,,*209823# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 215 8782 or +1 669 900 6833 or +1 346 248 7799 or +1 929 205 6099 Webinar ID: 890 6827 7491 Passcode: 209823 Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us A. BRIEFINGS ON AGENDA ITEMS 1. Confirm Appointment of Mike Barnet as the BKAT Video Specialist at Pay Band 1 Rate 8 of the 2021 Management, Professional, Confidential & Fiduciary Salary Plan 2. Acceptance of 2022-2023 Public Defense Grant Fund Award from the WA State Office of Public Defense for the Bremerton Municipal Court 3. Interlocal Agreement for Public Safety Records Management Software 4. Professional Services Agreement with Lusignan Forestry, Inc. for Timber Harvest Management and Marketing Services 5. Public Works Agreement with Award Construction, Inc. for the WWTP Slide Gates Project 6. Goods & Services Agreement with HASA, Inc. for the Purchase of Bulk Low-Salt 12.5% Sodium Hypochlorite Solution 7. Contract Modification No. 3 to Professional Services Agreement with the Johnston Group for Federal Legislative/ Agency Representation Services 8. Interagency Grant Agreement with WA State Department of Commerce for CDBG-CV2 Grant; and Subrecipient Agreement with Bremerton Housing Authority for Rental Assistance Program 9. Ordinance to levy Property Taxes for Collection in 2022 10. Final Public Hearing on Ordinance to approve and adopt the City of Bremerton Budget for Fiscal Year 2022 11. Interlocal Agreement with Washington Cities Insurance Authority B. GENERAL COUNCIL BUSINESS o Audit Committee Monthly Briefing Audit Committee Member Kevin Gorman o Other General Council Business C. ADJOURNMENT OF STUDY SESSION AGENDA BILL CITY OF BREMERTON CITY COUNCIL A1 SUBJECT: Study Session Date: November 10, 2021 Confirm Appointment of Mike Barnet as the COUNCIL MEETING Date: November 17, 2021 BKAT Video Specialist Pay Band 1 Rate 8 Department: BKAT of the 2021 Management, Professional, Presenter: Jon Rauch Confidential & Fiduciary Salary Plan Phone: (360) 473-5012 SUMMARY: BMC Chapter 2.50.032 (a) requires Council approval when an employee is hired in a step higher than Rate 1. Therefore, the City is requesting Council approval to set Mike Barnet salary at Rate 8 of Band 1. Mr. Barnet has a Bachelor of Arts degree in Radio, Television & Film from Biola University. Mike has most recently been President/CEO of local video production and online video marketing firm. Prior to that he produced and directed programming for BKAT from 2009 2017 and was a Field Producer for MTV. He is highly skilled in all aspects of television production and digital marketing. ATTACHMENTS: 1) Letter of Engagement; and 2) 2021 Management, Professional, Confidential, and Fiduciary Salary Plan FISCAL IMPACTS (Include Budgeted Amount): Annual Salary is $57,488.16. This appointment does not require a budget adjustment. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to confirm appointment of Mike Barnet as the BKAT Video Specialist at Pay Band 1 Rate 8 of the 2021 Management, Professional, Confidential & Fiduciary Salary Plan. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 Michael Riley, Director of Financial Services 345 Sixth Street, Suite 600 Bremerton, WA 98337-1873 Telephone: 360-473-5303 Fax: 360-473-5200 mike.riley@ci.bremerton.wa.us October 13, 2021 Michael Barnet RE: Letter of Engagement Dear Mike: It is with great pleasure that I confirm your appointment to the position of Video Specialist. Your position is exempt from Fair Labor Standards Act (FLSA) overtime provisions and included in the Management and Professional classifications covered under BMC 2.50 (copy attached) as follows: Position: Video Specialist Department: Financial Services/BKAT Effective Date: October 18, 2021 Rate of Pay: $1,969.49 semi-monthly Appointment/Removal: Director of Financial Services Supervisor: Jon Rauch, Public Access Manager Benefits: Pursuant to BMC Chapter 2.50 Severance: Pursuant to BMC Chapter 2.50.090 Please sign indicating your acceptance of our offer of employment as outlined above, and return to Debbie th Klinefelter in our Human Resources Office at 345 6 Street, Suite 100, Bremerton, WA 98337. Sincerely, Michael Riley Director of Financial Services cc: Debbie Klinefelter, HR Analyst I ----------------------------------------------------------------------------------------------------------------------------- ACCEPTANCE OF JOB OFFER: I, Michael Barnet, hereby accept the appointment to position of Video Specialist, under the terms and conditions as set forth in this Letter of Engagement. SIGNATURE: ______________________________ __________________ Michael Barnet Date AGENDA BILL A2 CITY OF BREMERTON Updated CITY COUNCIL SUBJECT: Study Session Date: November 10, 2021 Acceptance of 2022-2023 Public Defense COUNCIL MEETING Date: November 17, 2021 Grant Fund Award from the WA State Office Department: Municipal Court of Public Defense for the Bremerton Presenter: Dawn Williams Municipal Court Phone: (360) 473-5242 SUMMARY: The Bremerton Municipal Court applied to the Office of Public Defense for a grant and was awarded a grant in the amount of $34,000.00 for a 2-year cycle. $17,000 will be sent in January 2022 for use in 2022 and another check for $17,000 will be mailed in January 2023 for use in 2023. This money is intended to be used for improvements including continuing to adjust pay compensation for contracted attorneys, adding attorneys to reduce public defense caseloads and complying with the Supreme Court Public Defense Standards. ATTACHMENTS: 1) Award Letter Updated; and 2) Grant Agreement FISCAL IMPACTS (Include Budgeted Amount): The OPD grant is a revenue source for $34,000 ($17,000 in 2022 and $17,000 in 2023) to be used directly for Public Defense costs in the City of Bremerton Municipal Court. These monies will be fully expended each year to assist with public defense. There are no matching funds required. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to accept the Public Defense Grant Fund Award from the WA State Office of Public Defense; and authorize the Court Administrator 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 WASHINGTON STATE OFFICE OF PUBLIC DEFENSE (360) 586-3164 Email: opd@opd.wa.gov Larry Jefferson, Director FAX (360) 586-8165 November 1, 2021 Dawn Williams Court Administrator City of Bremerton 550 Park Ave Bremerton, WA 98337 Re: Chapter 10.101 RCW Application for Public Defense Grant Funds Dear Ms. Williams: The Washington State Office of Public Defense (OPD) is pleased to announce the award of RCW 10.101.080 Public Defense Grant funds to the City of Bremerton. The award is $34,000.00 for use in calendar years 2022 and 2023 for the following purpose(s): Increased compensation for public defense service providers Professional evaluation of attorney performance by a public defense expert Public defense representation at preliminary appearance calendars Investigator and/or expert services Interpreter services for attorney-client interviews and communications. Enclosed is a Grant Agreement for your review and signature by an authorized representative of the City of Bremerton. The Agreement includes grant reporting templates required during the two-year grant cycle. The signed Grant Agreement should be returned to OPD by December 30, 2021 by postal mail or by email to Lindsey.Townsend@opd.wa.gov. (If the City requires an extension, please contact OPD.) A conformed copy will be sent to you for your records. One half of the grant funds will be sent by postal mail to you in early January, and the second half will be sent in January 2023. The checks will be issued using State Vendor Number: SWV0000221-00. If you want the check mailed to a different person or office, please let us know. If the City of Bremerton uses state BARS coding, these grant funds should be received under BARS revenue code 334.01.2X. Chapter 10.101 RCW requires cities awarded funds to demonstrate to OPD that they are either meeting the public defense standards referenced in RCW 10.101.030, or that the state funds are being used to make appreciable demonstrable improvements to public defense services. OPD Services Managers are available to assist the city and its public defense attorneys in implementing statutory and Supreme Court requirements. Please feel free to contact Katrin Johnson or George Yeannakis at (360) 586-3164 ext. 108 and 102 respectively. mpia, Washington 98504-0957 Dawn Williams Page 2of 2 Please note that because this is a two-year grant term, we have reporting requirements. All participating cities will be required to submit four grant reports. The first will be due on June 1, 2022, the second on December 1, 2022, the third on June 1, 2023 and the fourth on December 1, 2023. Instructions and templates for each grant report can be found within the attached Grant Agreement. OPD will also send email reminders and electronic templates prior to the due dates. first report in June 2022, as well as visiting your program during the two-year grant period. Thank you for your commitment to improving public defense services. Best regards, Larry Jefferson Director Enclosures cc: Presiding Judge James N. Docter, Bremerton Municipal Court ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! AGENDA BILL CITY OF BREMERTON CITY COUNCIL A3 SUBJECT: Study Session Date: November 10, 2021 Interlocal Agreement for Public Safety COUNCIL MEETING Date: November 17, 2021 Records Management Software Department: Police Presenter: Kevin Crane Phone: (360) 473-5480 SUMMARY: Bremerton PD, Kitsap County, and agency partners have evaluated and reviewed available options to replace the current Public Safety Records Management Software and Jail Records Management System Software to improve system functionality and meet the collective needs of the parties. This is a law enforcement records management system for all agencies within Kitsap County to use. This new system will provide all agencies the ability to share and coordinate their police records and to streamline the processes used by all officers and detectives in Kitsap County. This new system is also a telecommunications linkage for all law enforcement and other criminal justice agencies to query multiple state and national databases from one source rather than having to use multiple sources and queries. ATTACHMENTS: 1) Interlocal Agreement for Public Safety Records Management Software; and FISCAL IMPACTS (Include Budgeted Amount): $223,801.00 in Information Technology Fund Reserves STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal Agreement for Public Safety Records Management Software in the amount of $223,801.00 (set aside money adjustment); 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 KC -529-21 INTERLOCAL AGREEMENT FOR PUBLIC SAFETY RECORDS MANAGEMENT SOFTWARE THIS INTERLOCAL AGREEMENT FOR PUBLIC SAFETY RECORDS MANAGEMENT SOFTWARE greementis entered this December 1, between Kitsap County, a political subdivision of Washington state and the City of Bainbridge Island, the City of Bremerton, the City of Port Orchard, the City of Poulsbo, all Washington state municipal corporations, and the Suquamish Tribe, a federally recognized tribe in Washington state whose duly authorized governing body is the Suquamish Tribal Council . The County, cities, and tribe will be collectively referred to as RECITALS WHEREAS, the Interlocal Cooperation Act, chapter 39.34 RCW authorizes Washington public agencies as defined by RCW 39.34.020, to enter into cooperative agreements to jointly provide governmental services, activities, or other undertakings, which each are authorized to perform by law, WHEREAS, the County and the Agency Partners have traditionally shared in the use and associated costs of Public Safety Records Management Software and related interfaces used by their respective law enforcement agencies as a multi-jurisdictional collaboration, combining resources to promote cost savings and share information, WHEREAS, the County and the Agency Partners have been working collaboratively to evaluate and review available options to replace the current Public Safety Records Management Software and Jail Records Management Software to improve system functionality and meet the collective needs of the parties, WHEREAS, the County issued a Request for Proposal KC 2019-147 for Public Safety and Jail Records Management Software and intends to execute a contract with Executive Information Services, Inc (EIS), the successful vendor chosen through the competitive process, to license, implement, maintain, and support multi-Agency Public Safety Records Management Software and Jail Records Management Software and related interfaces for the benefit of the County and Agency Partners, and WHEREAS, the parties desire to execute this Agreement to address their respective proportionate financial obligations and other responsibilities related to the RMS. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, and mutual promises and obligations, the parties agree as follows: SECTION 1. DEFINITIONS Page 1 of 31 10.19.2021 1.1 The following definitions will apply for all purposes, unless otherwise provided herein. 1. Access means the authority granted by the System Administrator to a party for its respective Authorized Users to review or receive information from the RMS by way of any type of interface (e.g., graphical user interface or browser user interface). Access will be provided to any employee of a party at the designated permission levels authorized by that party for Access to the Software by way of any type of interface. 2. ACCESS means a Central Computerized Enforcement Service System and refers to the statewide law enforcement telecommunications system operated by the Washington State Patrol (WSP). ACCESS provides telecommunications linkage to law enforcement and other criminal justice agencies and a means for a party to query multiple state and national databases to include information systems provided by the Department of Corrections, Department of Licensing, Washington Crime Information Center and Washington State Identification Section. ACCESS provides for national and international queries through the International Justice and Public Safety Information Sharing Network (NLETS) switch to include Interstate Identification Index and the National Crime Information Center (NCIC) provided by the Federal Bureau of Investigation (FBI). NLETS provides responses from the Canadian Police Information Centre, Interpol, and other state hot file and licensing information. ACCESS usage is limited to criminal justice purposes as outlined by FBI standards, and as audited by WSP and the FBI. 3. Agency Administrator means one or more specially trained Authorized Users assigned by the Chief Law Enforcement Officer of each party to perform RMS administrative functions on behalf of that party, such as adding and removing Users from the RMS, establishing User IDs, setting up Users with Authorized Uses, and the like. The Agency Administrator may or may not be the Agency Lead. 4. Agency Lead means the person and their designee assigned by the Chief Law Enforcement Officer of each party to participate as a member of the User Board on behalf of the assigning party. 5. Agency Partners means the City of Bremerton, the City of Bainbridge Island, the City of Port Orchard, the City of Poulsbo, and the Suquamish Tribe, on behalf of their respective law enforcement agencies. 6. Allocated Proportion means the percentage of the total amount due from each party for its proportionate financial share of all costs associate with the RMS for the life of the RMS, which include, without limitation, RMS Costs, EIS Fees, County Support Services Fees, and other fees and costs related to the RMS. 7. Authorized Use means the functions and capabilities a User is assigned and able Page 2 of 31 10.19.2021 to perform based on the User identifications and passwords set by the Agency Administrator and in compliance with WSP ACCESS and CJIS Security Policies. 8. Authorized User means any User who has passed the RMS authentication process and is authorized by a party to use the RMS functions and components based on the permissions established by that User's credentials (e.g., User identification and password) and incompliance with the restrictions for the Authorized Use. 9. Network Connectivity means the capacity of the County network used to transmit data to and from a party for access to and use of the RMS by the Agency Partner as identified by the County IS. 10. Change Management Process means the process adopted by the User Board for requesting, reviewing, and approving any requested change to the RMS and allocating payment. 11. Chief Law Enforcement Officer means the Kitsap County Sheriff and the Chiefs of Police for each law enforcement agency of each Agency Partner. 12. Confidential Information means the Software and any information disclosed that related to the Software under this Agreement, whether such information is in oral, written, graphic or electronic form, which: is (i) marked "Confidential," "Restricted," or "Proprietary Information" or other similar marking, (ii) known by the receiving party to be considered confidential or proprietary, such as the Software, or (iii) which should be known or understood to be confidential or proprietary by an individual exercising reasonable commercial judgment in the circumstances. Confidential Information does not include information to the extent that such information: (i) is or becomes generally known to the public by any means other than a breach of the obligations of a receiving party hereunder; (ii) was previously known to the receiving party as evidenced by its written records; (iii) is rightly received by the receiving party from a third party who is not under an obligation of confidentiality; or (iv) is independently developed by the receiving the other party's Confidential Information which such independent development can be established by evidence that would be acceptable to a court of competent jurisdiction. 13. County IS means the Kitsap County Information Services Department. 14. Director of the Kitsap County Information Services Department. 15. County Support Services means the County IS technology and administrative maintenance and support services, use of the server, network connectivity, unplanned expenses, and administrative processing services provided by the County Page 3 of 31 10.19.2021 to the Agency Partners, subject to the receipt of payment of all monies when due under this Agreement. 16. County Support Services Fees means the true and full value of the County Support Services for the RMS and assessed to the parties in accordance with their respective Allocated Proportion and identified in this Agreement. RCW 43.09.210. 17. Criminal History Record Information means information collected by criminal justice agencies which are stored and available through the RMS such as identifiable descriptions, notations of arrests, detentions, indictments, information, or other formal criminal charges, and dispositions arising therefrom (e.g., sentencing, correctional supervision, release, and the like). 18. Cmeans the criminal justice information collected by criminal justice agencies for their legally authorized use in performance of their duties, including Criminal History Record Information and Intelligence and Investigative Information. It does not include personnel or administrative records. 19. CJIS Security Policies means the CJI Services Security Policies or published standards of the FBI, in effect during the term of this Agreement, related to the exchange of CJI information and intended to protect the full lifecycle of CJI, whether at rest or in transit, relating to the creation, viewing, modification, transmission, dissemination, storage, and destruction of CJI. The requirements of CJIS Security Policies apply to every individual with access to CJI including, without limitation, contractors, private entities, noncriminal justice agency representatives, or members of a criminal justice entity. 20. Documentation means user guides, operating manuals, educational materials, product descriptions and specifications, technical manuals, supporting materials, and other information regarding the Software, regardless of the media on which it is provided, that have been provided by and/or generated by or on behalf of EIS or the County for the Agency Partners which may be amended from time to time. 21. EIS means Executive Information Services, Inc., the Software vendor that has executed the Public Safety Records and Jail Records Management Software Contract KC-528-21with the County. 22. EIS Contract means the Public Safety Records and Jail Records Management Software Contract KC-528-21 executed by the County and EIS, and all associated attachments, schedules, exhibits, and the like, identified as Exhibit A and all subsequent amendments thereto, which are incorporated in full by this reference. 23. EIS Fees means all fees charged by EIS for licensing, EIS Support Services, and other services, modules and the like charged or collected by EIS related to RMS during the term of this Agreement. Page 4 of 31 10.19.2021 24. EIS Support Services means the Software maintenance and support services identified in the EIS Contract. 25. Equipment means any machinery, device, tool, computer, computer components, computer system or other high-technology equipment, including add-ons, or peripherals of tangible form together with the necessary supplies for upkeep and maintenance, and other apparatus necessary for the proper execution, installation, and acceptable completion of the RMS project. 26. Intelligence and Investigative Information means information of record collected by or prepared by or at the direction of a criminal justice agency or kept in the custody of a criminal justice agency for criminal investigation purposes. 27. Interface means a point of interaction between RMS components or the device or code which enables such interaction, applicable to both Equipment and Software. 28. JMS means the Jail Records Management Software provided by EIS for use by the Kitsap County The County, as the sole user of the JMS, is financially responsible for the JMS direct costs and maintenance. 29. KCSO means t 30. Law means all applicable federal, state, and local laws including without limitation data privacy, security, and protection laws, labor standards, ordinances, orders, decrees, policies, procedures, and regulations of any public authority having jurisdiction. 31. Lead Agency 32. LEDS means Law Enforcement Data Systems, a database created for law enforcement records such as warrants, protection orders, stolen property, criminal histories, and other vital investigative files. 33. Material Breach means any breach of this Agreement that causes or may cause substantial harm to a non-breaching party or EIS, or one that substantially deprives a non-breaching party of the benefit it reasonably expected under this Agreement. 34. MCT means a commercial grade mobile computer terminal operated in a law enforcement vehicle, or otherwise not connected via a local or wide area network, capable of Accessing the RMS servers via a network connection compliant with CJIS Security Policies. 35. PC means commercial grade desktop or laptop computers capable of Accessing the RMS servers via a connection compliant with CJIS Security Policies. Page 5 of 31 10.19.2021 36. RMS means the Public Safety Records Management Software and associated interfaces acquired for use by the County and the Agency Partners. 37. RMS Costs means any additional software, equipment, expenses, change requests, upgrades, updates, and other associated costs and fees for the RMS for the life of the RMS. 38. RMS Lead means the individual assigned by KCSO to function as the law enforcement liaison between the Agency Partners and EIS. 39. Software means the Software products listed in the EIS Contract, Sales, Service and License Agreement in object format and includes any Updates and Upgrades (as defined in the EIS SSLA) that have been provided to the County as provided in the EIS Contract. 40. System Administrator means the individual designated by the County IS Director to manage and assist in the daily operation of the RMS and JMS. 41. TAC means the individual and their designee selected by each party who is qualified to function as their respective terminal agency coordinator to serve as the point of contact for matters relating to access to CJI. The TAC administers internal CJI system programs and overseas the compliance with CJIS Security Polices. 42. Use" means the Access assigned to Users and their designated permission levels for Access to the RMS and/or JMS, and designated authority to enter and/or receive data and information from the same. 43. User means any person employed by or working on behalf of a party, including any person or entity authorized to provide services requiring Use of the RMS. All Users will be bound by confidentiality requirements at least as protective as required by this Agreement. 44. User Board means the board created under this Agreement to serve as an advisory group to make recommendations to the County and the Agency Partners regarding the RMS as identified in the Agreement. The User board may make decisions regarding the RMS which do not involve allocation of financial resources. SECTION 2. PURPOSE, ORGANIZATION, ADMINISTRATOR, PROPERTY 2.1 Purpose. The purpose of this Agreement is to provide for the joint and cooperative undertaking of the County and the Agency Partners to engage in cooperative planning and coordination of an interoperable records management system, to decrease individual operating costs, provide for data sharing, identify the authority and responsibilities of Page 6 of 31 10.19.2021 each party, and define and allocate true and full proportionate costs and responsibilities as contemplated in RCW 39.34.030 and RCW 43.09.210. 2.2 Organization. No separate legal or administrative entity is created by this Agreement nor do the parties intend to create through this Agreement a separate legal or administrative entity subject to suit. 2.3 Administrator. The Lead Agency will administrator of the RMS and JMS in coordination and cooperation with the Agency Partners subject to the provisions of RCW 36.32.120 and RCW 43.09.210. By functioning in this capacity, the County is not assuming responsibility or liability for the actions or failures to act by its Agency Partners and their respective employees, representatives or agents nor will this be considered an allocation of liability to the KCSO under RCW 10.93.040. 2.4 Property. The parties do not anticipate the acquisition of property for the performance of this Agreement, other than the EIS license which is subject to the terms and conditions of the EIS Contract. Any property acquired by a party for purposes of this Agreement will be returned to the acquiring party, unless otherwise agreed in writing. SECTION 3. TERM, RENEWAL, FILING 3.1 Term/Effective Date. This Agreement will commence on the Effective Date and remain in effect for five (5) years, until midnight on November 30, 2026 terminated or extended pursuant to Section 3.2. Should fewer than all named Agency Partners execute this Agreement, the Agreement when filed as provided herein will be effective as between the County and the Agency Partner(s) that have executed the Agreement to the same extent as if no other Agency Partners had been named. 3.2 Renewal. This Agreement may be renewed for additional consecutive five (5) year terms, subject to the appropriation of funds by each party to this Agreement. All renewals must be in writing and will be subject to all terms and conditions and financial obligations set forth herein, unless otherwise agreed in writing by the parties. Should a new agreement not be reached by the expiration date the terms of this Agreement shall remain effective until such time as a new Agreement is entered or terminated. 3.3 Filing. Prior to entry into force, this Agreement will be filed with the Kitsap County web site or other electronically retrievable public source in compliance with RCW 39.34.040. SECTION 4. TERMINATION 4.1 The Agreement may not be terminated during the initial term unless agreed to by all parties to the Agreement. Any party may terminate their participation in this Agreement, after the Initial Term, for any reason, upon 180-days prior written notice to the other parties as provided in Section 18. Notice may be given 180-days in advance of the Page 7 of 31 10.19.2021 expiration of the initial term. If the Agreement is terminated, the monies paid by the terminating party for that year will not be refunded. The termination of a party will not automatically result in dissolution of this Agreement as to the remaining parties. 4.2 The terminating party will have 180-days from the notice of termination to work collaboratively with the System Administrator to obtain a copy of its data. All costs associated with copying of data will be the responsibility of the terminating party. 4.3 The terminating party will remain liable for all financial obligations incurred up to and including the date of termination. Upon termination, the terminating party will immediately pay the County all monies due under this Agreement and for all work performed by EIS and the County prior to the effective date of termination. 4.4 A terminated party assumes no responsibility for the acts or omissions occurring after the termination effective date but will remain liable for acts or omissions occurring prior to the termination effective date. SECTION 5. USER BOARD, LEADS, VOTING, RESPONSIBILITIES 5.1 Creation and Purpose. A User Board is created to serve as an advisory group to make recommendations to the parties regarding RMS related issues including, without limitation, the purchase, implementation, planning, funding, operations, maintenance, upgrades, change requests, transition planning, training, equipment, uniform data entry, federal and state compliance reporting, data integrity, operational efficiencies, backups and redundancy, security issues, and the like. The User board may make administrative decisions regarding the RMS which do not involve allocation of financial resources. 5.2 User Board Composition. The User Board will have eight (8) members (Leads) consisting of one member from each Agency Partner and two members from the County (one member on behalf of KCSO and one member on behalf of the KCSO Jail). The System Administrator will be an ex-officio non-voting member of the User Board. 5.3 Leads. Leads are User Board members. The Chief Law Enforcement Officer for each party is responsible for the selection of its Lead and their designee. Each serves at the pleasure of the appointing party and must remain employed by the appointing party while serving as a member of the User Board. Unless removed by the appointing party, there is no limit on the number of terms a person may serve as a User Board member. Each User Board member and their designees will remain for all purposes employees of the appointing party. Each appointing party will be responsible for the conduct of their respective User Board members and designees and will handle all complaints, investigations, and disciplinary actions. 5.4 Meetings, Minutes, Chair. The User Board will meet two times per year or more often as deemed appropriate by the Chair of the User Board or as requested by any party, with appropriate notice provided to the parties by personal service or email. The User Board Page 8 of 31 10.19.2021 secretary will keep minutes of each meeting and will cause a copy of the minutes to be forwarded to the Chair of the User Board and User Board members. The RMS Lead will function as the Chair of the User Board. 5.5 Voting, Quorum. A majority of the then appointed User Board members will constitute a quorum for the transaction of business. Unless otherwise required by this Agreement, the affirmative vote of a quorum present at the time of the vote will be the act of the User Board. Each party will have one vote. Only in the event of a tie, will the County have two votes (one vote on behalf of KCSO and one vote on behalf of the KCSO Jail). 5.6 Proxy. A User Board member may grant by proxy its voting rights to another User Board member. All such grants must be in writing, limited in duration, and meeting specific. A proxy is automatically revoked if the User Board member granting the proxy appears at the meeting for which the proxy was granted. 5.7 Electronic Participation, Compensation. User Board members may participate in meetings by telephone call, video conferencing, or similar communication equipment by which all board members can hear each other at the same time. Such participation will constitute presence in person for purpose of a quorum and voting. All parties will participate in the User Board meetings at their own cost, time, and expense. 5.8 User Board Responsibilities. The User Board will do the following: 1. review and recommend changes for the strategic plan, objectives, and work plans necessary to maintain the viability and efficiency of the RMS. 2. work cooperatively to identify, develop, and establish a coordinated long-term plan for capital improvements and operational funding of the RMS. 3. facilitate decision making. 4. establish and comply with a Change Management Process. 5. establish and comply with guidelines and standard operating procedures for the operation, maintenance, and business continuity of the RMS. 6. comply with the technical standards for the operation and business continuity of the RMS developed by the System Administrator. 7. establish and comply with RMS operational and maintenance procedures for County-owned assets to resolve operational interface issues with each Agency Partner. 8. work cooperatively in the initial implementation and deployment of the RMS as well as future upgrades, updates, extensions, and enhancements. 9. establish subcommittees as necessary to ensure the interests of each party is represented and to ensure operational, technical, and financial issues are thoroughly researched. Each subcommittee will have at least one User Board member and such other persons the User Board deems appropriate. SECTION 6. KITSAP COUNTY RESPONSIBILITIES Page 9 of 31 10.19.2021 6.1 The County IS will provide the Agency Partners with the following County Support Services subject to receipt of all monies due and available resources: 1. enable Agency Partners to Access the RMS via Equipment, including PCs, MCTs, and other handheld devices for Authorized Use by Authorized Users. 2. maintain and administer user authentication system processes and governance in compliance with the County IS User Management policy. 3. provide appropriate Access in procedural, technological, and infrastructure design and maintenance consistent with the requirements of CJIS Security Policies. 4. provide appropriate Access in procedural, technological, and infrastructure design and maintenance consistent with the requirements of ACCESS. 5. make available to the Agency Partners procedures, instructions, and other documents regarding available methods and minimum requirements for network connections for Access via the County's network demarcation points. 6. Provide agency specific custom report programming services and module implementation, at an additional charge. 7. maintain and administer County-owned Equipment and network infrastructure according to County IS technology policies and procedures, to include: A. maintain and update physical and virtual servers and storage devices hosted , operating Software and system updates and security patches, and anti-virus, spam, and malware protection. B. provide planned replacement of servers at the end of service life. C. manage, monitor, and service the SQL databases. D. manage and maintain routine backup of servers and databases. In the unlikely event of a major system failure that requires a system reload, the data will be restored from the most recent daily backup. E. management and monitor disk space. F. m including the provision of NetMotion access for MCTs and other mobile devices. G. implement application Software upgrades and patches. H. work collaboratively with EIS, to supervise, monitor, and perform the implementation of upgrades, updates, and patches provided by EIS to the production server. I. other tasks and responsibilities deemed appropriated by County IS. 6.2 The County agrees to use commercially reasonable efforts, within its reasonable control, to provide the Agency Partners with uninterrupted access to the RMS at a level of performance acceptable in common business computer applications. 6.3 The parties understand there will be occasions when the RMS will not be available for reasons such as hardware and Software maintenance, internet outages, and the like. The County will provide 48 hours advance written notice by email to the Agency Administrators and Agency Leads when conducting planned maintenance and/or Page 10 of 31 10.19.2021 administrative activities that will result in a known system outage. 6.4 The System Administrator is to: (i) provide updates on an as needed basis to the affected Agency Administrators regarding hardware or network downtime during the week, including root cause, duration, magnitude and resolution, or observations that, left unaddressed, may lead to future outages and/or disruptions, if known; (ii) schedule outages and planned maintenance; and (iii) function as a liaison with EIS for updates, upgrades, additional modules, and maintenance provided by EIS 6.5 County IS will monitor, audit, and trouble-shoot the connections necessary to upload information from the RMS to NCIC, and other interfaced crime and public safety databases and systems including, without limitation, LinX Northwest. 6.6 County IS will control and maintain the global tables in the RMS unless an Agency Partner expressly agrees in writing to share responsibility over this functionality. 6.7 County IS will assist EIS in coordinating the training of Agency Administrators to perform limited administrative functions such as adding and removing Users, establishing User IDs and passwords, setting up User's Authorized Uses, and resetting passwords. 6.8 Notwithstanding the foregoing, THE COUNTY MAKES NO WARRANTIES REGARDING THE SOFTWARE, INTERFACES, EIS AND COUNTY IS SUPPORT SERVICES, DOCUMENTATION, AND OTHER MATERIALS AND SERVICES WITH NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT, SERVICES OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABLE QUALITY, DURABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, THE COUNTY IS NOT RESPONSIBLE FOR ANY IMPACT IN FUNCTIONALITY OR PERFORMANCE TO ANY SOFTWARE OR INTERFACE RUNNING ON AN -USER WORKSTATIONS ARISING FROM OR RELATED TO THE INSTALLATION OF THE SOFTWARE, INTERFACES, OR CONNECTION TO THE COUN SECTION 7. ACCESS, USE, RESPONSIBILITIES 7.1 Access. Agency Partners are provided Access and Use of the RMS, subject to the terms and conditions of this Agreement and the EIS Contract. Agency Partners agree to comply with all applicable terms and conditions of this Agreement and EIS Contract in consideration for such Access and Use, violation of the same may be considered a material breach of this Agreement. Page 11 of 31 10.19.2021 7.2 RMS Authorized Use. The parties agree that their Users will only Access or Use the RMS for Authorized Uses. Permission to Access the RMS or information available in or through the RMS other than as authorized in this Agreement must be obtained in writing from the RMS Lead prior to any such use. 7.3 Modification of RMS. The parties agree that its Users will not modify through computer programming, or other techniques, the functions, capabilities, or operations of the RMS without prior written authorization from the System Administrator. Further, the parties will not allow or authorize, directly or indirectly, any person or entity to: 1. decompile, disassemble, or otherwise reverse engineer any of the Software or use any similar means to discover the source code or trade secrets contained therein. 2. modify, translate or create derivate works of the Software or Documentation or merge all or any part of the Software with another program, give away, rent, lease, lend, sell, sublicense, distribute, transfer, assign, or use the Software for timesharing or bureau use or to publish or host the Software for use by any third party; 3. take any actions that would cause the Software to become subject to any opensource license or quasi-opensource license agreement; 4. use the Software in any manner for purposes of: (i) developing, using, or providing a competing software product or service; (ii) copying any ideas, features, functionality, or graphics of the Software; or 5. export the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder. 7.4 Agency Administrators 1. The Chief Law Enforcement Officer of each party will designate at least one Agency Administrator to be responsible for creating User identifications and establishing Authorized Uses of the RMS for its Users in compliance with this Agreement. 2. The Agency Administrator may request assistance from the System Administrator only after first attempting to solve the RMS issue(s) as much as possible using its own staff and resources. Only if the Agency Administrator is unable to resolve the issue with the RMS, should the System Administrator be contacted for assistance. 3. The Agency Administrator, after receipt of training, will be provided the ability to create and maintain custom reports. All such activities shall comply with User Board report writing policies and procedures. 7.5 Equipment. Each party is responsible for providing, installing, and configuring, in a manner that complies with the minimum requirements of the RMS, their own Equipment, which includes without limitation their PCs, MCTs, printers, scanners, image capture devices, and other peripherals required or necessary for their Users to Access and Use the RMS. Page 12 of 31 10.19.2021 7.6 Network. Each party is responsible for having: (i) secure network access that meets the requirements of CJIS Security Policies and enables the network demarcation points; (ii) network connectivity from their primary site to their partition at the other site; and (iii) space, power, and an appropriate operating environment at their primary site to accommodate networking equipment such as switches or security devices for the other Agency Partners. 7.7 LInX Northwest. Each party authorizes the release of its public records category data contained in the RMS to LInX Northwest for access and authorized use by LInX Northwest users. The County IS will coordinate such release and access. 7.8 Software Ownership. Each party acknowledges that the County does not have ownership of the Software and therefore the County does not control EIS changes, updates, upgrades, interruptions, or other Software issues not under the Co control. SECTION 8. GENERAL RESPONSIBILITIES 8.1 Strategic Plan, Equipment Replacement and Upgrade Fund. Each party agrees to work cooperatively to develop and implement a strategic plan for the RMS which includes establishing an equipment replacement and upgrade fund to accommodate planned upgrades, maintenance, and future replacement of the RMS, data storage, and other items identified by the User Board for inclusion. 8.2 Other Funding Sources. Each party agrees to work cooperatively to identify and apply for grants and other funding sources which may be beneficial to the parties under this Agreement. 8.3 RMS Changes and/or Modifications. Each party agrees that requests for any change or modification which to the RMS or related interfaces must comply with the Change Management Process established and approved by the User Board. 8.4 Cooperation and Coordination. Each party agrees to work cooperatively and in good faith to coordinate all actions required to smoothly transition from the current records management software to the new RMS and facilitate subsequent Software updates and upgrades, to ensure minimal disruption in functionality and services. 8.5 Further Assurances. Each party agrees to take all further action reasonably necessary or appropriate to obtain the necessary funding approvals and carry out the intent of this Agreement. 8.6 EvidenceOnQ. Each party agrees to establish and maintain its own FileOnQ. EIS will Interface with each party separately for the configuration. It is the responsibility of each party to coordinate this process with EIS. County IS will not participate in or be responsible for this process. Page 13 of 31 10.19.2021 SECTION 9. SECURITY, USER AUDIT, BREACH 9.1 Security Issues. Each party will promptly report to the System Administrator any Software security-related incidents, Software breach, or other incident relating to Software integrity, such as a computer virus, that may or could affect the RMS. The County reserves the right to suspend services in the event of a security breach. Failure to comply with the security and Access specifications contained in the Agreement may, as necessary to protect the data of the parties, result in the partial or full suspension of a s Access or its Users' Access to the RMS until such failures are corrected. 9.2 Physical Security. Each party is responsible for maintaining the physical security of all Equipment and devices authorized to Access the RMS, as well as any printout or RMS Documentation that may permit unauthorized Access to or Use of the RMS. 9.3 On-line Security. Each party is responsible for issuing individual RMS User identification to its respective Users, which will not be shared. Each party agrees that its Users will be required to enter RMS User identifications before gaining Access to the RMS, including functions and data 9.4 CJIS Security Policies 1. Each party will comply with all CJIS Security Policy requirements in effect during the term of this Agreement which include those pertaining to the creation, viewing, modification, transmission, dissemination, storage, and destruction of CJI. Requirements include, without limitation, verifying identification, performing a state of residency and national fingerprint-based record check within 30-days of assignment for all personnel who have direct access to CJI through the Software for those employees or contractors who have direct responsibility to configure and maintain computer systems and networks with direct access to CJI through the Software. Each party will deny or terminate Access to any prospective or current User found to be in violation of the current CJIS Security Policies. 2. Each party will designate a TAC responsible for ensuring its Equipment, network access points, and Users with Access to the RMS comply with current CJIS and ACCESS Security Policies. The breaching party is responsible for timely curing any problems and violations, including those identified in a WSP or FBI audit. 9.5 Deactivate Users. Each party agrees to immediately deactivate Authorized Users no longer requiring Access to the RMS or that breach (or is suspected of having breached) any security requirement of the County IS User Management policy or User Board. 9.6 User Audit. Each Agency Partner agrees to annually provide the System Administrator with a full and complete list of its Authorized Users. The System Administrator will perform an annual audit of all Authorized Users. Page 14 of 31 10.19.2021 9.7 Breach Notification. In the event of a security breach, the parties responsible for such breach will comply, at their sole expense, with all applicable requirements identified in RCW 42.56.590 or RCW 19.255.010, or other applicable law, rule, or regulation. If the breach is not attributable or attributable to all parties, the parties will work collaboratively to meet all legal requirements with the costs of compliance shared by all parties according to their respective Allocated Proportions. SECTION 10. CONFIDENTIALITY, DATA, PUBLIC RECORDS 10.1 Confidentiality. The parties will treat as confidential any Confidential Information that has been made known or available or that has been received, learned, heard, or observed; or to which a party has or had access. Confidential Information will be used exclusively for the benefit of the parties and in furtherance of the intent of this Agreement. Except as may be expressly authorized in writing by the parties, in no event will a party publish, use, discuss or cause or permit to be disclosed to any other person such Confidential Information. The parties will (i) limit disclosure of Confidential Information to those directors, officers, employees and agents who need to know the Confidential Information, (ii) exercise reasonable care with respect to the Confidential Information, at least to the same degree of care as it employs with respect to protecting its own proprietary and confidential information, and (iii) upon request, immediately return to EIS or the party that provided the information, all Confidential Information in whatever form, in the party possession, custody, or control. The parties acknowledge that unauthorized disclosure of Confidential Information will result in irreparable harm to one or more of parties to this Agreement and/or EIS. 10.2 Data Ownership, Responsibilities. Each party retains sole ownership and sole responsibility for the information it contributes to the RMS including, without limitation, the accuracy of the information. The RMS clearly creates a separate database for each data, segregating its data from the other parties on the RMS. Certain data will be ed from viewing by another party, such as the data in the Names, Locations, Property, and data sets. The parties understand and agree that the information entered in the RMS remains the sole property of the party entering the data, except for the shared data. All shared data may be disclosed by a party pursuant to state and federal law. 10.3 Limitation on Dissemination. All dissemination by a party of CJI which is available in or through the RMS will comply with CJIS policies and procedures and applicable laws. 10.4 Data Conversion. Each party consents to the sharing and release of its owned data for the purpose of RMS implementation, data conversion, and as necessary for the implementation and maintenance of the Interfaces. 10.5 Removal or Expungement of Records. As part of the design of data updates, each party will define the period in which a record deletion, removal, expungement, or other edit is Page 15 of 31 10.19.2021 transferred to the repository from the source system. If a party requires that one or more of its records be edited, removed, or otherwise changed in a timely manner, that party is responsible for arranging for this change to be manually processed by its Agency Administrator. 10.6 Information Control and Responsibility. Additions, modifications, and deletions of information or data stored in the RMS will be restricted to being performed by the party owning the information or data. Changes may be made by the County at the request of the party owning the data. All such changes will be restricted to specifically authorized Users and devices in accordance with CJIS Security Policies and consistent with each scope of responsibility in providing Access. 10.7 Public Records Requests 1. Notwithstanding any provisions of this Agreement to the contrary, to the extent any record including any electronic, audio, paper or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, chapter 42.56 RCW , each party agrees to maintain those records constituting public records. Each party agrees that for proper dissemination all public records requests will be processed by the party owning the data requested. 2. If a party receives a request under the Act to inspect or copy Confidential Information, that party will provide notice to EIS, of the request and the date that such Confidential Information will be released unless EIS obtains a court order to enjoin disclosure. 10.8 Records Retention. Each party agrees to maintain the records relating to the performance of this Agreement by that party as required by law. Such records will be available for review by the other parties upon reasonable request. The parties agree that they will make best efforts to achieve a resolution of potential confidentiality issues to enable disclosure of sufficient information to conduct an appropriate records review. SECTION 11. LICENSE, FINANCIAL RESPONSIBILITIES 11.1 License. The County will execute a contract in its own name with EIS to purchase the RMS as identified in the EIS Contract for Use by the parties, in accordance with the laws and regulations governing such purchases by the Kitsap County. Each party will be granted a full site license for the RMS in exchange for payment of all fees identified herein. 11.2 Financial Responsibilities. The County will serve as the fiscal agent for the parties and collect the Allocated Proportion due from each party. Each party agrees to timely pay the County their respective Allocated Proportion of all monies due under this Agreement, which includes EIS Fees, County Support Services Fees, and RMS Costs. Each party agrees to pay its Allocated Proportion of the EIS Fees in the amounts, and intervals, Page 16 of 31 10.19.2021 identified in the EIS Contract, Exhibit A. 11.3 Allocated Proportion. The Allocated Proportion due from each party is based on its number users. Kitsap County: 47 percent Bremerton: 22 percent Bainbridge Island: 9 percent Port Orchard: 9 percent Poulsbo: 8 percent Suquamish: 5 percent 11.4 Annual Invoice. After final acceptance of the Software, the County will invoice the Agency Partners annually for the EIS Fees, County Support Services Fees, and RMS Costs due under this Agreement. Each invoice will identify the fees for each item. Each Agency will pay its respective invoice as provided herein. 11.5 Invoice Due Date. Each Agency Partner agrees to pay the County invoice within 30-days of the invoice date. Failure to pay the invoice when due may result in the suspension of that Agency Partner Agency Partner written notice of the pending suspension and 30-days to cure. 11.6 Separate Module Purchases - Change Requests and costs. All cost and fees associated with any future additional module(s), software, or change requested by a party that is not available for use or will not be used by all parties will be paid in full by the party (or parties) that will be using the module(s), software, or change, as identified in the Change Management Process. 11.7 Unplanned Expenses. The Agency Partners will be notified should an unplanned event occur which requires funding for additional resources, such as a malicious viral network attack regarding emergency support resources. SECTION 12. ADDING AND REMOVING AGENCY PARTNERS 12.1 Adding Agency Partners. A unanimous vote of the Chief Law Enforcement Officers is required prior to the addition of any new agency to this Agreement. All new agency partners approved by unanimous vote of the Chief Law Enforcement Officers will be bound by the terms and condition of this Agreement, with the Allocated Proportion due from each party reapportioned accordingly. 12.2 Removing Agency Partners. Any Agency Partner may be removed from participation in this Agreement for a Material Breach of this Agreement or by majority vote of the Chief Law Enforcement Officers for good cause. Upon removal of the Agency Partner, the Allocated Proportion due from each party will be reapportioned to the remaining parties. SECTION 13. DISPUTE RESOLUTION Page 17 of 31 10.19.2021 13.1 The parties agree to work cooperatively to appropriately resolve all claims and controversies which arise under this Agreement. Any claim or controversy will be submitted to the S Chief's designee for resolution, if possible. 13.2 The parties may continue to Use the RMS without any interruption or delay during the pendency of any dispute resolution and will continue to make all payments, that are not in dispute, in accordance with the Agreement. Notwithstanding the foregoing, an Agency Access may be suspended pending dispute resolution if deemed appropriate by (i) majority vote of the Sheriff and Chiefs or (ii) the County due to a material breach of this Agreement. 13.3 Should any dispute arise between the parties concerning this Agreement not be resolved by mutual agreement within 30 calendar days, or such other time as mutually agreed upon, it is agreed that such dispute will be submitted to mandatory mediated negotiation prior to any party commencing litigation. In such an event, the parties to this Agreement agree to participate in good faith in a mediation process. The mediator will be selected by mutual agreement of the parties, but in the absence of such agreement each party will select a temporary mediator and those mediators will jointly select the permanent mediator. All costs of mediation will be borne equally by the parties. Each party will bear its own expenses for witnesses, depositions, other costs incurred and attorney's fees. SECTION 14. INDEPENDENT CAPACITY 14.1 Each party and its respective employees or agents will act as an independent contractor and continue to be the employees or agents of that party, which will be solely and exclusively responsible for their employees and agents. Employees and agents of one party will not be considered for any purpose whatsoever under this Agreement to be employees or agents of another party to this Agreement. No party will have the authority to bind another party, absent a written agreement of the parties, nor the authority to control the employees, agents, or contractors of another party to this Agreement. All rights, duties and obligations of the employer will remain with the employing party. Each party agrees to indemnify, defend, and hold harmless the other parties in any action arising from or related to the negligence of its own employees, including all costs of defense and attorney's fees. 14.2 Each party will be solely and exclusively responsible for all compensation, benefits, training expenses, equipment, and all other costs and expenses whatsoever of its employees related to this Agreement. Each party will be responsible for ensuring its compliance with all applicable Laws, collective bargaining agreements, and civil service rules and regulations regarding its own employees. SECTION 15. INDEMNIFICATION Page 18 of 31 10.19.2021 15.1 Indemnification. To the extent of its comparative liability, each party agrees to indemnify, defend and hold the other party, its appointed and elected officials, employees, agents, subcontractors, and volunteers, harmless from and against all liability, claims, damages, losses, costs, and expenses, including but not limited to court costs, attorney fees, and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death or for any damage to or destruction of any property (including loss of use resulting therefrom) which are alleged or proven to be caused by an act or omission, negligent or otherwise, of the party, its elected or appointed officials, employees, agents, subcontractors, or volunteers. In the event of any concurrent act or omission of the parties, negligent or otherwise, these indemnity provisions will be valid and enforceable 15.2 Participation in Defense, No Waiver. All parties reserve the right, but have no obligation, to participate in the defense of any claim, damages, losses or expenses and such participation will not constitute a waiver of a partyindemnity obligations under this Agreement. 15.3 Indemnity by Subcontractors. In the event a party executes subcontracts under this Agreement, subcontractors will indemnify the other parties and EIS on a basis equal to or exceeding the indemnity obligations in this Agreement. SECTION 16. INSURANCE 16.1 During the term of this Agreement, each party will maintain in force at its own expense the insurance requirements identified below, or the equivalent participation in a risk pool that meets these obligations: 1. Commercial General Liability. Each party warrants they have commercial general liability insurance of not less than $1,000,000 per occurrence and $5,000,000 annual aggregate under this Agreement. Coverage will include personal injury, bodily injury, and property damage for premise-operations liability, products/completed operations, personal/advertising injury, contractual liability, independent contractor will not exclude or contain sub-limits less than the minimum limits required herein. The certificate of insurance for the CGL policy will expressly cover the indemnification obligations required by the Agreement. 2. Network Security/Cyber Liability (Cyber Protection). Each party warrants they have network security/cyber liability coverage. The coverage shall be written with limits no less than $1,000,000 per claim, $1,000,000 policy aggregate for network security and privacy coverage, and $100,000 per claim for cyber extortion coverage. Such insurance will include, but not be limited to, coverage for third party claims and losses with respect to network risks (such as data breaches, unauthorized access or use, identification theft, theft of data) and invasion of privacy regardless of the type of media involved in the loss of private information crisis management and identity theft response costs. This should also include breach notification costs, Page 19 of 31 10.19.2021 credit remediation and credit monitoring, defense and claims expenses, regulatory defense costs plus fines and penalties, cyber extortion, computer program and electronic data restoration expenses coverage (data asset protection), network business interruption, computer fraud coverage, and funds transfer loss. 3. Automobile Insurance. Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000) each occurrence with respect to each owned, hired, and non-owned vehicles on the premises. The policy will contain a severability of 4. . Each party will compensation insurance as required under the Title 51 RCW (Industrial Insurance), or the equivalent, for all staff eligible for such coverage. 5. Policy Change. Each party is required to give the other parties 30-days prior notice of any cancellation, material change, reduction of limits or intent not to renew any insurance coverage. The insurance coverage limits identified herein are minimum requirements only and do not in any manner limit or qualify the liabilities or obligations of the parties under the Agreement. SECTION 17. GOVERNING LAW, SOVERIGN IMMUNITY LIMITED WAIVER 17.1 Governing Law, Venue. This Agreement has been and will be liberally construed as having been made and delivered within the State of Washington. This Agreement will be governed in all respects by the laws of the State of Washington, both as to interpretation and performance, without regard to choice of law or conflicts of law provisions. 17.2 Limited Waiver of Sovereign Immunity. The Tribe hereby grants a limited waiver of sovereign immunity to suit solely with respect to claims made against it by another party relating to or arising under this Agreement. This limited waiver of sovereign immunity applies only between the parties to this Agreement. It does not extend to any other person or entity. This limited waiver of sovereign immunity includes all judicial actions for money damages, injunctive relief, and/or declaratory relief, whether based upon breach of contract or tort law or otherwise. Any such claim, action, or proceeding may be brought and maintained only in the U.S. District Court for the Western District of Washington. If for any reason the U.S. District Court for the Western District of Washington lacks jurisdiction, the claim, action, or proceeding may be brought and maintained in either the Kitsap County Superior Court or in Tribal Court. SECTION 18. NOTICE 18.1 Unless otherwise provided herein, all notices under this Agreement will be in writing and may be personally delivered or mailed (including first class) to the business address for each partyMailed notices will be deemed to have been Page 20 of 31 10.19.2021 given on the second business day following the date of mailing, if properly mailed and addressed with postage prepaid. Notices sent by certified or registered mail will be deemed to have been given on the day following the date of mailing, if properly mailed and addressed with postage prepaid. For all types of mail, the postmark affixed by the United States Postal Service will be conclusive evidence of the date of mailing. SECTION 19. NONDISCRIMINATION 19.1 No party will discriminate against any person on the basis of race, color, creed, religion, national origin, age, sex, marital status, familial status, sexual orientation (including gender expression or gender identity), honorably discharged veteran or military status, presence of any sensory, mental, or physical disability, use of a service animal by a person with disabilities, or other circumstance prohibited by federal, state, or local law, and will comply with Title VI of the Civil Rights Act of 1964, P.L. 88-354 and Americans with Disabilities Act of 1990 in the performance of this Agreement. SECTION 20. FORCE MAJEURE 20.1 Force Majeure. No party will be liable to the other parties or be deemed to be in breach of this Agreement by reason of any default, delay, or failure to perform any of their respective obligations in relation to the Agreement (other than a failure to pay any amounts owing under this Agreement), if the delay or failure is due to any cause beyond th reasonable control and without fault or negligence. Circumstances deemed to be beyond reasonable control include, without limitation, acts of God or of the public enemy, insurrection, change in law, acts of the federal government or any unit of state or local government in either sovereign or contractual capacity, fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, or other similar circumstance. The party so affected will promptly give notice to the other parties and will do everything reasonably possible to resume performance as soon as practicable. SECITON 21. GENERAL PROVISIONS 21.1 Compliance with Laws. Each party will exercise their rights and perform their respective obligations under this Agreement in full compliance with all applicable Laws. 21.2 Further Assurances. Each party will execute all further documents and take all further action reasonably necessary or appropriate to carry out the intent of this Agreement. 21.3 Implied Contract Terms. Each provision of law and any terms required by law to be in the Agreement are made a part of the Agreement as if fully stated in it. 21.4 Time of Performance. Time is of the essence with respect to the terms and provisions of this Agreement. 21.5 Integration. This Agreement contains all terms and conditions agreed upon by the parties, Page 21 of 31 10.19.2021 except necessary operational agreements between the parties in furtherance hereof and supersedes any other agreement or understanding of the parties relating to the subject matter of this Agreement. No other understanding, oral or otherwise, regarding the subject matter of this Agreement will be deemed to exist or to bind the parties. 21.6 Amendment. This Agreement may be amended from time to time as deemed appropriate by the parties, provided, any such amendment will not become effective unless written and signed by all parties to this Agreement with the same formality as this Agreement. 21.7 Disclaimer. Except as otherwise provided, this Agreement will not be construed in any manner that would limit a s authority or powers under law. 21.8 No Third-Party Beneficiary. The parties expressly agree that nothing contained in the Agreement will create any legal right or inure to the benefit of any third party, except for those rights afforded to EIS. This Agreement is for the benefit of the parties. Except as set forth herein, nothing in this Agreement will be construed as giving any benefits, rights, remedies, or claims to any other person, firm, corporation, or other entity including, without limitation, the public or any member thereof, or to authorize anyone not a party to this Agreement to maintain a suit for breach of contract, personal injuries, property damage, or any other relief in law or equity in connection with this Agreement. 21.9 Assignment. The rights and obligations of a party under this Agreement may not be assigned in whole or in part, without the written consent of the User Board. Any attempted assignment will be null and void, and a Material Breach of this Agreement. 21.10 Waiver. A failure by any party to exercise its rights under this Agreement will not preclude that party from subsequent exercise of such rights and will not constitute a waiver of any other rights under this Agreement unless identified in writing signed by an authorized representative of the party. 21.11 Remedies. The remedies provide in this Agreement are cumulative and may be exercised concurrently or separately. The exercise of any one remedy will not constitute an election of one remedy to the exclusion of any other. 21.12 Severability. The provisions of this Agreement are severable. If a court of competent jurisdiction holds any provision of the Agreement to be illegal, invalid, or unenforceable, in whole or in part, the validity of the remaining provisions will not be affected, and the provision will be deemed modified to the extent necessary in order to render such provision valid and enforceable while giving effect to the intentions of the parties provided that if such provision may not be so saved, it will be severed and the remainder of this Agreement will remain in full force and effect. 21.13 Headings/Captions. Headings and captions used are for convenience only and are not a part of the Agreement and do not in any way limit or amplify the terms and provisions hereof. Page 22 of 31 10.19.2021 21.14 No Party the Drafter. The Agreement is the product of negotiation between the parties, and no party is deemed the drafter of the Agreement. 21.15 Survival. The rights and obligations of the parties will survive the term of this Agreement to the extent that any performance is required under this Agreement after the expiration or termination of this Agreement, or extension thereof to include, without limitation, Sections 4 (Termination), 7 (Access, Use, Responsibilities), 9 (Security, User Audit, Breach), 10 (Confidentiality, Data, Public Records), 11 (License, Financial Responsibilities), 13 (Dispute Resolution), 14 (Independent Capacity), 15 (Indemnification), 17 (Governing Law, Sovereign Immunity Limited Waiver), and 21 (General Provisions). 21.16 Counterparts. The Agreement may be executed in several counterparts each of which will be deemed an original but all of which together will constitution one and the same agreement. 21.17 Entire Agreement. This Agreement contains the entire understanding of the parties and supersedes any other agreement or understanding of the parties relating to the subject matter of this Agreement. 21.18 Authorization. Each party warrants and represents to the other parties that the person signing below has been properly authorized and empowered to execute this Agreement on behalf of the party for whom they sign and, if applicable, to waive sovereign immunity as required by this Agreement. DATED THIS __ DAY OF _____________________, 2021. ______________________________________________ JOHN GESE, SHERIFF Page 23 of 31 10.19.2021 DATED THIS __ DAY OF _____________________, 2021. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON __________________________________ ROBERT GELDER, CHAIR __________________________________ EDWARD E. WOLFE, COMMISSIONER __________________________________ Page 24 of 31 10.19.2021 CHARLOTTE GARRIDO, COMMISSIONER ATTEST: ___________________________ DANA DANIELS, CLERK OF THE BOARD DATED THIS __ DAY OF _____________________, 2021. CITY OF BAINBRIDGE ISLAND ______________________________ _____________________________ JOE CLARK, CHIEF OF POLICE RASHAM NASSAR, MAYOR Page 25 of 31 10.19.2021 APPROVED AS TO FORM: ATTEST: _____________________________ _____________________________ JOE LEVAN, CITY ATTORNEY ___________________, CITY CLERK DATED THIS __ DAY OF _____________________, 2021. CITY OF BREMERTON _____________________________ _____________________________ TOM WOLFE, CHIEF OF POLICE GREG WHEELER, MAYOR Page 26 of 31 10.19.2021 APPROVED AS TO FORM: ATTEST: ________________________________ _____________________________ KYLIE FINNELL, CITY ATTORNEY ANGELA HOOVER, CITY CLERK DATED THIS __ DAY OF _____________________, 2021. CITY OF PORT ORCHARD _______________________________ _____________________________ MATT BROWN, CHIEF OF POLICE ROBERT PUTAANSUU, MAYOR Page 27 of 31 10.19.2021 APPROVED AS TO FORM ATTEST _____________________________________ _________________________________ CHARLOTTE ARCHER, CITY ATTORNEY BRANDY RINEARSON, CITY CLERK DATED THIS __ DAY OF _____________________, 2021. CITY OF POULSBO BY: _________________________________ BY:__________________________ RON HARDING, CHIEF OF POLICE BECKY ERICKSON, MAYOR Page 28 of 31 10.19.2021 APPROVED AS TO FORM ATTEST ________________________________ ___________________________________ ALEXIS FOSTER, CITY ATTORNEY RHIANNON FERNANDEZ, CITY CLERK DATED THIS __ DAY OF _____________________, 2021. SUQUAMISH TRIBE APPROVED: APPROVED: ______________________________ ________________________________ Page 29 of 31 10.19.2021 MIKE LASNIER, CHIEF OF POLICE LEONARD FORSMAN, CHAIRMAN APPROVED AS TO FORM: _____________________________ TIM WOOLSEY, ATTORNEY EXHIBIT A PUBLIC SAFETY RECORDS AND JAIL RECORDS MANAGEMENT SOFTWARE CONTRACT KC -528-21 Page 30 of 31 10.19.2021 Page 31 of 31 10.19.2021 EIS SSLA Schedule A PROJECT DELIVERABLES & SERVICES Product The Software and Services are set out below and itemized in the Pricing Proposal Number: 190201 Rev 5 Dated June 7, 2021 Application Software Part #DescriptionLicense LevelQuantity Law Records Management Agency 1 RMSSVD RMS Application Software -Sheriff Agency 1 RMSSVARMS Application Software -Port Orchard PD Agency 1 RMSSVBRMS Application Software -Bainbridge Island PD Agency 1 RMSSVC RMS Application Software -Bremerton PD Agency 1 RMSSVARMS Application Software -Poulsbo PD Agency 1 RMSSVAARMS Application Software -Suquamish PD RMS Application Named County Task Force Agency 1 RMSSVAA(KCERT, WESTNET) Instance1 MATX-M2 Data Switch – Sheriffs Instance1 WACICQ WACIC Inquiry Adapter Instance1 WACICE WACIC Entry Adapter Instance1 INTTRIT Intergraph (CAD Import - Leads Link) Instance1 INTTRITa Intergraph (CAD Query) Instance6 EONQE EvidenceOnQ Export Instance1 SECTORCITSECTOR Citation Import Processor Instance1 SECTORACCSECTOR Accident Import Processor Instance1 RMSLVS RMS LiveScan Interface (CrossMatch) CHL Instance1 TXTDAT Text to Data Engine Instance1 AAMVDAT WA DL License Data Map Template (RMS) Instance1 AAMVDAT OR DL License Data Map Template (RMS) Instance1 AAMVDAT CA DL License Data Map Template (RMS) Instance1 AAMVDAT ID DL License Data Map Template (RMS) Instance1 AAMVDAT Federal Military Data Map Template (RMS) Instance1 CASMAPC Map Application Server Software Jail Management Agency 1 JMSSVD JMS Application Software Instance 1 JMSASP JMS Public Viewer Instance 1 JMSPREBOOKJMS Pre-Booking Instance 1 JMSLVS JMS LiveScan Interface (CrossMatch) Instance1 JMSCOMJMS Inmate Phone Initiation Interface (Telmate) Instance1 JMSKEF JMS Inmate Commissary Interface (Keefe) Instance1 JMSN-WAC WACIC Integration Adapter JMS* Instance1 JMSNAPCEMR NaphCare Export Interface Executive Information Services, Inc. SSLA Schedule EIS SSLA Classification System Interface (Compass Instance 1 JMSNPCOMPNorthPointe) Instance1 AAMVDAT WA DL License Data Map Template (JMS) Instance1 AAMVDAT OR DL License Data Map Template (JMS) Instance1 AAMVDAT CA DL License Data Map Template (JMS) Instance1 AAMVDAT ID DL License Data Map Template (JMS) Instance1 AAMVDAT Federal Military Data Map Template (JMS) Agency 1 JMSEMUGEnhanced Mugshot Capture Agency 1 JMSWLHSPocketJMS Software Project Services Project Services -Installation and Technical Services Part #DescriptionQuantity 480 SRVH1 Project Management & Coordination Services 300 SRVH2 Technical Services 120 SRVH3 On-Site Installation 80 SRVH4 Documentation & Reporting Services 120 SRVH6 System Configuration Services 180 SRVH10 Remote Technical Services 80 SRVH12 System Integration Testing 100 SRVH11 System Functional Testing Project Services - Training Part #DescriptionClasses 2 SRVH7 RMS Administration Training 17 SRVH7 RMS User Training 1 SRVH8 JMS Administration Training 8 SRVH9 JMS User Training Project Expenses -Fixed Rate Project Basis Part #DescriptionQuantity Project SRV5 Travel & Per Diem Project Expenses -Data Migration Part #DescriptionQuantity Project SRVH5 Data Conversion -Intergraph RMS Project SRVH5 Data Conversion -Intergraph JMS Software Support Services Software Support Part #DescriptionQuantity - System Support (12 Months from System Go-Live) -Standard 7X24 1 Annual support services per support schedule SUPPA (Schedule B of this SSLA). Executive Information Services, Inc. SSLA Schedule EIS SSLA Schedule B Payment Schedule Total Contract Value: $_1,103,200.00__ USD Payment Schedule Hardware:None in project Software and ServicesPer Milestone Due on signing of contract 40% 441,280.00 Due on Acceptance of Project Plan 20% 220,640.00 Due on JMS Go-Live 15% 165,480.00 Due on RMS Go-Live 15% 165,480.00 Due at Final Acceptance 10% 110,320.00 1,103,200.00 Calculated Support Costs for On-going Support and Maintenance First Year2nd Year 3rd Year 4th Year 5th Year Support Cost Included $ 120,540.00 $ 120,540.00 $ 126,567.00 $ 132,895.35 Executive Information Services, Inc. SSLA Schedule EIS SSLA Schedule C Sales Cost Proposal Executive Information Services, Inc. SSLA Schedule AGENDA BILL CITY OF BREMERTON CITY COUNCIL A4 SUBJECT: Professional Services Study Session Date: November 10, 2021 Agreement with Lusignan Forestry, Inc. for COUNCIL MEETING Date: November 17, 2021 Timber Harvest Management and Marketing Department: Public Works & Utilities Services Presenter: Cami Apfelbeck Phone: (360) 473-2315 SUMMARY: The Public Works and Utilities Forestry Division manages approximately 8,400 acres of Water Utility forestland for both protection of surface and groundwater drinking water sources and critical timber revenue to augment rate-payor fees. Sustainable harvest volumes are approximately 2.5 million board feet per year with annual revenues ranging from $450,000 to over $2 million depending upon market conditions. The Forestry Division solicited Statements of Qualifications from eight (8) consulting forestry firms to provide timber harvest management and marketing services. Lusignan Forestry, Inc. was the only firm to respond. Lusignan has provided these services to the City for the past 11 years and has delivered a high level of service with increased net values to the City for harvested timber. ATTACHMENTS: Professional Services Agreement that sets terms and conditions, scope of work, and deliverables. FISCAL IMPACTS (Include Budgeted Amount): Consultant compensation will be paid from future timber proceeds at the rate contained in Exhibit B Fee Schedule. Based upon a 30-year average of $650,000 annual timber revenue, consultant fees will be approximately $50,000/year. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement between the City of Bremerton and Lusignan Forestry, Inc. for Timber Harvest Management and Marketing Services; 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 PROFESSIONAL SERVICES AGREEMENT Timber Harvest Management and Marketing Services The City of Bremerton (“City”) andLusignan Forestry, Inc.,(“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.Hof 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: This Agreement commences on the date of execution and terminates on December 31, 2026, unless terminated earlier per Section X. City and the Consultant agree that work will begin on the tasks described in Exhibit A upon execution of this Agreement and completed on a mutually agreeable schedule. Extensions may be negotiated, per the terms and conditions of this agreement, upon mutual agreement. III.Compensation:In consideration of the services provided pursuant to this Agreement, the Consultant shall be compensated according to the terms and conditions provided for in the fee schedule attached as Exhibit B and incorporated herein by reference. 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 delineatedin 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 statementfor out of scope servicesdoes 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.Consultant shall only be compensated for additional services if requested pursuant to Section 1 and, if not otherwise provided, such compensation shall be in accordance with Exhibit B. Page 1of 11 Bremerton/Lusignan Forestry, Inc. Timber Harvest Management and Marketing Services Rev. 09/2021 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 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 Agreementexcept 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 AnyOther Professional Listed In and Performing Services Defined in RCW 4.24.115.Should a court of competent jurisdiction determine that Consultant’s services provided pursuanttothis 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 Page 2of 11 Bremerton/Lusignan Forestry, Inc. Timber Harvest Management and Marketing Services Rev. 09/2021 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 connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Consultantshall provide a Certificate of Insuranceevidencing: 1.Automobile Liabilityinsurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2.Commercial General Liabilityinsurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3.Excess Liabilityinsurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4.Professional Liabilityinsurance with limits no less than $1,000,000 limit per occurrence/claim; and 5.Workers Compensationinsurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limitsnot less than $1,000,000. Any payment of deductible or self-insuredretention 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. Page 3of 11 Bremerton/Lusignan Forestry, Inc. Timber Harvest Management and Marketing Services Rev. 09/2021 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 obligationsto 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 th certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6 Street, Suite100, 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. In the event that the Consultant employs other consultants or contractors (sub-consultants or sub-contractors) as part of the work covered by this Agreement, it shall be the Consultant’s responsibility to require and confirm that each sub-consultant or sub-contractor meets the minimum insurance requirements specified above. The Consultant shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. 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 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 orotherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office inElma,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 Page 4of 11 Bremerton/Lusignan Forestry, Inc. Timber Harvest Management and Marketing Services Rev. 09/2021 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 Elma, 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. 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 1st 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. Notices to be sent to:Notices to be sent to: CITY:CONSULTANT: Attn:Forestry ManagerAttn:President Bremerton Public Works & UtilitiesLusignan Forestry, Inc. 100 Oyster Bay Ave NPO Box 1007 Bremerton, WA 98312Shelton, WA 98584 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. Page 5of 11 Bremerton/Lusignan Forestry, Inc. Timber Harvest Management and Marketing Services Rev. 09/2021 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 Contractor without the written consent of the City shall be void. VIII.Equal Employment Opportunity Statement:In the hiring of employees for the performance of work under this Agreement, the Consultant, its subcontractors, or any person acting on behalf of Consultant shall not discriminate in any employment practice on the basis of age (40+),sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. IX.ADA Statement:The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act.This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton.Reasonable accommodation for employees or applicants for employment will be provided. X.Termination:This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party’s sending notice to the non-performing Party. 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. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. Page 6of 11 Bremerton/Lusignan Forestry, Inc. Timber Harvest Management and Marketing Services Rev. 09/2021 A.Excusable Delays:The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days inwriting of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B.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. XI.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 itis or has become ineligible for certification. Should Consultantenter 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 notdebarred, suspended, ineligible,excluded or disqualified. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY:CONSULTANT: CITY OF BREMERTONLUSIGNAN FORESTRY, INC. By:By: Print Name:Greg WheelerPrint Name:Jim Frost Its:MayorIts:President Date:Date: Page 7of 11 Bremerton/Lusignan Forestry, Inc. Timber Harvest Management and Marketing Services Rev. 09/2021 APPROVED AS TO FORM:ATTEST: By:By: Kylie J. Finnell,Bremerton City AttorneyAngela Hoover,City Clerk R:\\Legal\\Legal\\Forms\\FORMS ON COBWEB\\Professional Services Agreement Rev. 09 2021.docx Page 8of 11 Bremerton/Lusignan Forestry, Inc. Timber Harvest Management and Marketing Services Rev. 09/2021 EXHIBIT A Scope of Services Timber Harvest Management and Marketing Services Deliverables: For harvest units within Water Utility forest lands selected by the Forestry Manager, Consultant shall provide the following: 1.In consultation with the Forestry Manager, determine appropriate logging system to economically harvest timber on selected units. Said method shall take into account water quality as well as other environmental concerns. Harvest type (even-age, uneven-age, and/or combination) shall be determined by the Forestry Manager. Residual spacing, leave tree, and harvest tree selection to be prescribed by the Forestry Manager in consultation with the Consultant. 2.Assist in completing Forest Practices Applications (FPA’s) in a form acceptable to the City and Washington Department of Natural Resources, by a date mutually agreeable to the City and Consultant. 3.Assist in completing any other requirement for harvest required by a regulatory agency having jurisdiction. 4.Obtain the highest practical log prices from the best possible domestic log markets(all City timber is export restricted under WAC 240-15; all pertinent State and Federal regulations apply). 5.Hire, coordinate, supervise and pay subcontractors in road construction and betterment, harvesting, and hauling operations on specified road segments and harvest units, per above items and in conformance withcurrent or revisedforest practice regulations. The following are required regarding timber harvesting operations: Ensure all subcontractors have Loggers Broad Form insurance coverage which names the City as an additional insured and provide a certificate of insurance to the City Comply with all FPA and other regulatory requirements Achieve spacing requirements and leave tree selection as directed by the Forestry Manager Avoid damage to water bodies and soils; minimize damage to all leave trees Harvest areas requiring reforestation shall be left in a condition conducive to reforestation Slash shall either be machine piled and fire breaks constructed and/or evenly scattered throughout the harvest unit, as directed by the Forestry Manager Required access roads shall be constructed to the standard prescribed by forest practice rules and approved by the Forestry Manager Page 9of 11 Bremerton/Lusignan Forestry, Inc. Timber Harvest Management and Marketing Services Rev. 09/2021 EXHIBIT A Scope of Services Timber Harvest Management and Marketing Services (continued) Roads, yarding corridors and skid trails shall be left in a condition to prevent erosion as prescribed by the Forestry Manager 6. Provide log accountability records and timber payment disbursements including periodic and final accounting statements (more fully specified in Schedule B). 7.In addition, if requested by the Forestry Manager, Consultant shall provide a summary of previous year’s harvest in a format acceptable to complete annual Harvest Report required by the Dept. of Natural Resources. Summary, if required shall be available on, st or about February 1of the year following harvest. Page 10of 11 Bremerton/Lusignan Forestry, Inc. Timber Harvest Management and Marketing Services Rev. 09/2021 EXHIBIT B Fee Schedule for Timber Harvest Management and Marketing Services NOTE: The City of Bremertondoes not warrant or guarantee any specific level of harvest or income with this agreement. Harvest levels, if any are entirely the decision of the City of Bremerton. The City of Bremerton also reserves the right to use alternate means of marketing timber,independent of this agreement. Timber Harvesting and Marketing: 1.Consultant shall receive fivepercent (5%)of the delivered log price for timber harvested as part of this Agreement. No compensation will be paid to Consultant for pulp sort prices under $26.00/tondelivered price. It is understood that the Consultant shall obtain the highest practical log prices from the best possible domestic log markets(all City timber is export restricted under WAC 240-15; all pertinent State and Federal regulations apply). 2.Net proceeds from timber harvested shall be paid promptly to the City. The following shall be allowable deductions from log proceeds: Consultant fee described in 1) above Authorized logging and haul costs Authorized road building and betterment expenses Authorized reforestation expenses Forest Excise taxes Other authorized harvest operation costs 3.Consultantshall provide the City with periodic summaries in a format approved by the Forestry Manager, showing market, species, grade, volume delivered, price/unit, total mill payments, disbursements to City, consultant, subcontractors, as well as other expenses described above or required by the Forestry Department Out of Scope Services: Any out-of-scope services approved by the Forestry Department shall be paid for on a time and materials basis according to the following schedule: Miscellaneous Forestry Services (Principle) $105.00/hour “ “ “ (Technician)$100.00/hour MileageStandard Rate/mile Consultant shall submit a statement describing the services rendered with a breakdown for hours and rate as authorized under this Agreement. The City, upon receipt of the completed statement, shall promptly process claim for payment. Page 11of 11 Bremerton/Lusignan Forestry, Inc. Timber Harvest Management and Marketing Services Rev. 09/2021 AGENDA BILL CITY OF BREMERTON CITY COUNCIL A5 SUBJECT: Study Session Date: November 10, 2021 Public Works Agreement with Award COUNCIL MEETING Date: November 17, 2021 Construction, Inc. for the WWTP Slide Gates Department: PW&U - Engineering Project Presenter: Eric Burris Phone: (360) 473-2312 SUMMARY: This project will add two new slide gates in the Wastewater Treatment Plant headworks building and replace two slide gates at the secondary clarifier splitter box that no longer function properly and do not properly seal. The Work includes all labor, equipment, supplies, and materials necessary to procure and install the new composite slide gates. The project was bid using the MRSC Small Works Roster under the service category Sanitary Sewer Construction, Repair and Maintenance. Two bids were received and were opened on October 27, 2021. Award Construction, Inc., was the lowest responsive bidder with a total bid in the amount of $326,455.00 (including sales tax). ATTACHMENTS: 1. Agreement; 2. Location Map; 3. Slide Gate Photos 4. Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount): This project is funded in the 2021 and 2022 Wastewater CIP. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to award the Public Works Agreement for the Wastewater Treatment Plant Slide Gates Project to Award Construction Inc., in the amount of $326,455.00 (including sales tax); and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 PUBLIC WORKS AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporation (“City”), and Award Construction, Inc.(“Contractor”), whose mailing address is 980 Willeys Lake Rd, Ferndale WA 98248. The partiesagree as follows: 1.CONTRACTOR SERVICES.The Contractor shall perform the following services for the Cityin the Bid Documentstitled: WWTP Headworks and Splitter Box Slide Gates. 2.TIME OF COMPLETION.Contractor shall complete the work within 65 calendar days from the date of issuance of the City’s Notice to Proceed. 3.COMPENSATION. The City shall pay the Contractor the total amount of $326,455with Washington State Sales Tax, for the work and services contemplated in this agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described inthe invoice that has been completed by the Contractor and approved by the City. The City payment shall not constitute a waiver of the City’s right to final inspection and acceptance of the project. A.Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor shall provide the City a performance bond for the full contract amount to be in effect until thirty(30) days after the date of final acceptance,oruntil receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B.Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of thirty(30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. C.Defective or Unauthorized Work. TheCity reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra workand materials furnished without the City’s written approval. If Contractor is unable, for any reason,to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. “Additional costs” shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum PUBLIC WORKS AGREEMENT –Page 1of 10 (BetweenCity of Bremerton and Award Construction, Inc.) Rev. 09/2021 Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts dueor to become due the Contractor. D.Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL PRECLUDE ALL CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4.INDEPENDENT CONTRACTOR.Contractor is and shall be at all times acting as an independent contractor and not as anemployee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub- contractors. 5.TERMINATION.The City may terminate this agreement for good cause. “Good cause” shall include, without limitation, any one or more of the following events: A.The Contractor’s refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B.The Contractor’sfailure to complete the work within the time specified in this agreement. C.The Contractor’s failure to make full and prompt payment to sub- contractors or for material or labor. D.The Contractor’s persistent disregard of federal, state or local laws, rules or regulations. E.The Contractor’s filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. 6.PREVAILING WAGES.Contractor shall file a “Statement of Intent to Pay Prevailing Wages” with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate PUBLIC WORKS AGREEMENT –Page 2of 10 (BetweenCity of Bremerton and Award Construction, Inc.) Rev. 09/2021 provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. 7.CHANGES.The City may issue a written work change directive for any change in the Contract work during the performance of this agreement.If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City’sproject manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change.If the City determines that the change increases or decreases the Contractor’s costs or time for performance, the City will make an equitable adjustment.The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments.However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate.The Contractor shall proceed with the change order work upon receiving a written work change directive or change order fromthe City.If the Contractor fails to require a change order within the time allowed, the Contractorwaives its right to make any claim or submit subsequent change order requests for that portion of the contract work.If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor mayelect to protest the adjustment as provided below: A.Procedure and Protest by the Contractor.If the Contractor disagrees with anything required by a work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1.Immediately give a signed written notice of protest to the City; 2.Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a.The date of the Contract’s protest. b.The nature and circumstances that caused the protest. c.The provisions in this agreement that support the protest. d.The estimated dollar cost, if any, of the protested work and how that estimate was determined. e.An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor’s records needed for evaluating the protest. 3.The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, PUBLIC WORKS AGREEMENT –Page 3of 10 (BetweenCity of Bremerton and Award Construction, Inc.) Rev. 09/2021 the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B.Contractor’s Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C.Contractor’s Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D.Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written order (including directions, instructions, interpretations, and determination). E.Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written order (including directions, instructions, interpretations, and determination). 8.CLAIMS.The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor’s written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9.WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date ofthe City’s acceptance of the Contract work. When PUBLIC WORKS AGREEMENT –Page 4of 10 (BetweenCity of Bremerton and Award Construction, Inc.) Rev. 09/2021 defects are corrected, the warranty for that portionof the work shall extend for one year form the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10.INDEMNIFICATION.Contractor shall defend, indemnify and hold the City, its officer, 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 injuries and damages caused by the City’s sole negligence. The City’s inspection or acceptance of any of Contractor’s work whencompleted shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injuryto persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTESTHE CONTRACTOR’S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11.INSURANCE. The Contractor shall procure and maintain for the duration of this agreement insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, sub-consultants or sub- contractors. Before beginning work on the project described in this agreement, the Contractor shall provideaCertificate of Insuranceevidencing: A.Automobile Liabilityinsurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B.Commercial General Liabilityinsurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence PUBLIC WORKS AGREEMENT –Page 5of 10 (BetweenCity of Bremerton and Award Construction, Inc.) Rev. 09/2021 and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and C.Excess Liabilityinsurance with limits not less than $1,000,000 per occurrence and aggregate; and B.Workers Compensationinsurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. TheCity, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor’s 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 coverageapplies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by th certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6 Street, Suite 100, Bremerton, WA98337 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 reserves the right to receive a certified copy of allthe required insurance policies. 12.MISCELLANEOUS. A.Equal Employment Opportunity Statement.In the hiring of employees for the performance of work under this Agreement, the Contractor, its subcontractors, or any person acting on behalf of Contractorshall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presenceof any physical, mental or sensory disability. B.ADAStatement.The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act.This policy extends to PUBLIC WORKS AGREEMENT –Page 6of 10 (BetweenCity of Bremerton and Award Construction, Inc.) Rev. 09/2021 both employment and admission to participation in the programs, services and activities of the City of Bremerton.Reasonable accommodation for employees or applicants for employment will be provided. C.Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. D.Work Performed at Contractor’s Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor’s own risk, and Contractor 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.Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to beawaiver or relinquishment of those terms and rights and they shall remain in full force and effect F.Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. G.Attorney’s Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties’ performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney’s fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City’s right to indemnification under Section 10 of this agreement. H.Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. I.Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. J.Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. K.Severability. If any one or more sections, sub-sections, or sentences of this agreement areheld to be unconstitutional or invalid, that decision shall not affect the validity PUBLIC WORKS AGREEMENT –Page 7of 10 (BetweenCity of Bremerton and Award Construction, Inc.) Rev. 09/2021 of the remaining portion of this agreement and the remainder shall remain in full force and effect. L.Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any mannerthis agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. M.Liquidated Damages.City and the Contractor recognize that time is of the essence for this Agreement and that the City will suffer financial loss if the work is not completed by August 15, 2022, plus any extensions mutually agreed upon by the Parties as allowed under this Agreement. The Parties also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the work is not completed on time.Accordingly, instead of requiringany such proof, Contractor shall pay the City liquidated damages in the amount of $500 per day which will begin accumulating the day after the Substantial Completion date. IN WITNESS WHEREOF, the parties below have executed this agreement. AWARD CONSTRUCTION, INC.THE CITY OF BREMERTON Print Name:Print Name:Greg Wheeler Title:Title:Mayor DATEDATE Notices to be sent to:Notices to be sent to: CONTRACTOR:CITY OF BREMERTON: Angela Hoover th 345 6Street, Suite 100 Bremerton, WA 98337 (360) 473-2348 (360) 473-5200 (facsimile) APPROVED AS TO FORM: Kylie J. Finnell Bremerton City Attorney PUBLIC WORKS AGREEMENT –Page 8of 10 (BetweenCity of Bremerton and Award Construction, Inc.) Rev. 09/2021 ATTEST: Angela Hoover,City Clerk PUBLIC WORKS AGREEMENT –Page 9of 10 (BetweenCity of Bremerton and Award Construction, Inc.) Rev. 09/2021 PREVAILING WAGES NA TOTAL $ 326,455.00 $ 340,080.00 SALES TAX Michele FilleyCathy Bonsell $ 26,955.00 $ 28,080.00 OPENED BY:RECORDED BY: $ 274,952.50 $ 326,455.00 $ 340,080.00 BASE BID + CONTINGENCY SUMMARY 2:05 PM $ 299,500.00 $ 312,000.00 BID TABULATION CITY OF BREMERTON YESYES BOND TIME OPENED: 10/27/2021 Rognlin's Inc. WWTP Headworks and Splitter Box Slide Gates Project NAME OF BIDDER Award Construction Inc. BID TITLE:DATE OPENED: ENGINEER ESTIMATE (INC SALES TAX)APPARENT LOW BIDDERSECOND LOW BIDDERTHIRD LOW BIDDER AGENDA BILL CITY OF BREMERTON CITY COUNCIL A6 SUBJECT: Study Session Date: November 10, 2021 Goods & Services Agreement with HASA, COUNCIL MEETING Date: November 17, 2021 Inc. for the Purchase of Bulk Low-Salt 12.5% Department: PW&U/WWTP Sodium Hypochlorite Solution Presenter: Eric Burris Phone: (360) 473-5448 SUMMARY: Request for chemical bids were submitted to five chemical suppliers in our area. Three bids were received for the delivery of bulk 12.5% Low-Salt Sodium Hypochlorite as well as quotes for traditional sodium hypochlorite to the Westside WWTP. HASA, Inc. of Longview, WA submitted a bid for low-salt sodium hypochlorite at $1.090/gallon delivered. The low-salt sodium hypochlorite is preferred due to longer shelf life and is less harsh on equipment. The bid also included a $150 split-load fee when a delivery is made to one of our Odor Control Stations then the rest of the delivery to the Westside WWTP. The pricing will be firm for one year, the lowest cost including tax. The sodium hypochlorite supplies our odor control systems and our post chlorination system. ATTACHMENTS: 1) Goods and Services Agreement; 2) Sodium hypochlorite bids from HASA, Inc.; Cascade Columbia Distribution Co.; and Northstar Chemical. FISCAL IMPACTS (Include Budgeted Amount): These purchases are covered under the 53110 WWTP Operating Supplies budget of $655,000. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Goods & Services Agreement with HASA, Inc. for the Purchase of Bulk Low-Salt 12.5% Sodium Hypochlorite Solution for a period of one year at a cost of $1.090/gallon delivered: 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 GOODS AND SERVICES AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and HASA, Inc. ("Vendor"), whose mailing address is:3401 Industrial Way, Longview, WA 98632 The parties agree as follows: I.VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the City: delivery and supply of 12.5% Mulit-Chlor traditional and low salt per the terms in Exhibit A. All orders from the City shall be in writing and confirmed in writing by the vendor. II. TIME OF COMPLETION. Vendor shall complete the work and provide all goods, materials and services within _365_ calendar days from the date all parties have signed this Agreement. III.COMPENSATION. The City shall pay the Vendor a not to exceed amount of total amount of $175,000, including applicable Washington State Sales Tax, for the goods, materials and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Upon delivery, confirmation of delivery and net 30 days from invoicing of ordered supplies. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services or a failure to deliver in the agreed upon time period. Vendor will promptly notify the City of any disruptions to normal delivery capabilities and utilize subcontractors or third-party vendors to ensure that orders are fulfilled and delivered as agreed. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services on its own or from a third party, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct the cost to complete this Agreement, including any Additional Costs, from any and all amounts due or to become due the Vendor. IV. INDEPENDENT CONTRACTOR. Vendor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Vendor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Vendor, officer, agents, employeesand subcontractors. The Vendorshall also secure all applicable business licenses and applicable insurance coverage, if required, in connection with the contract services, including all required licenses for Vendor's officers, agents,employees and subcontractors. Page 1 of 8 Goods and Services Agreement Rev. 09/2021 V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of this Agreement. B. The Vendor's failure to complete this Agreement within the time specified in this Agreement. C. The Vendor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Vendor's failure to comply with federal, state or local laws, rules or regulations. E. The Vendor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the goods, materials, and services required by this Agreement are completed and fully performed by the City or a third party of the City’s choosing. VI. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Vendor. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Vendor's protest. b. The nature and circumstances that caused the protest. Page 2 of 8 Goods and Services Agreement Rev. 09/2021 c. The provisions in this Agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. 3. The Vendor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B.Vendor's Duty to Complete Protested Work. In spite of any protest, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. C.Vendor's Acceptance of Changes. The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VII. CLAIMS. The Vendor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Vendor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Vendor's written claim must include the information set forth regarding protests in Section VI(A)(2)(a)-(e). FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS Page 3 of 8 Goods and Services Agreement Rev. 09/2021 ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Vendor must, in any event, file any claim or bring any suit arising from or connected with this Agreement within 120 calendar days from the date the contract work is complete. VIII.WARRANTY. The Vendor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. IX. INDEMNIFICATION.Vendor 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. Vendor’s obligation to indemnify shall not extend to that portion of damages caused by the City’s sole negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that 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 Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. X. INSURANCE. The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the contract work by the Vendor, its agents, representatives, employees or subcontractors. Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined Page 4 of 8 Goods and Services Agreement Rev. 09/2021 single limit per accident for bodily injury and property damage; and B.Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; and employer's liability. C.Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate. D.Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. E. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Vendor. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which shall 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 Vendor and a copy of the endorsement naming the City as 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. The Vendor'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 Vendor'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 Vendor to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified th mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy required 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. Page 5 of 8 Goods and Services Agreement Rev. 09/2021 XI. MISCELLANEOUS. A. Licenses and Taxes. Vendor shall possess a current Bremerton Business License and any regulatory license required to fulfill Vendor's obligations under this Agreement. B&O taxes shall be paidwhen due, and Vendor, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. B.Conflict and Precedence.In the event of a conflict between the contract documents, the document which rates higher on the following list shall take precedence: 1. Amendments / Change Orders to Goods and Services Agreement 2. Goods and Services Agreement 3. Specifications 4. Terms and Conditions 5. Vendor’s Proposal or Quote C.Documents Incorporated by Reference. The following documents are incorporated by reference, including but not limited to: 1. Terms and Conditions, 2. Specifications, 3. Proposalor request for quote D. Use of Photographs and Images. Vendor shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Vendor or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. E. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Vendor, its subcontractors, or any person acting on behalf of Vendorshall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. F. ADA Statement.The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. G. Compliance with Laws. Vendor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. H. Prevailing Wages. Vendor shall file a “Statement of Intent to Pay Prevailing Wages” with the State of Washington Department of Labor & Industries prior to commencing the contract work. Vendor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Page 6 of 8 Goods and Services Agreement Rev. 09/2021 Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. I. Work Performed at Vendor's Risk. Vendor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this Agreement. All work shall be done at Vendor's own risk, and Vendor 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. J. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Vendor under any of the provisions of this Agreement, resolution of that dispute shall be available exclusively under the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. K. Attorney's Fees. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section IXof this Agreement. L. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement. Notices to be sent to:Notices to be sent to: CITY: VENDOR: Attn:Contracts Administrator Attn:Amy Vermillion City of Bremerton HASA, Inc. th 345 6 Street, Suite 100 3401 Industrial Way, Bremerton, WA 98337-1891 Longview, WA 98632 M. Assignment. Any assignment of this Agreement by the Vendor without the written consent of the City shall be void. N. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. O. Severability. If any one or more sections, subsections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. Page 7 of 8 Goods and Services Agreement Rev. 09/2021 P.Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this Agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: VENDOR: City of Bremerton HASA, Inc. By: By: Print Name: Print Name: Its:Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk R:\\Legal\\Legal\\Forms\\FORMS ON COBWEB\\Goods and Services Agreement Rev 09 2021.docx Page 8 of 8 Goods and Services Agreement Rev. 09/2021 Mr. Travis Olson August 23, 2021 City of McMinnville Wastewater Plant McMinnville, OR Re: 2021 Chemical Quote - Dear Travis: I am pleased to offer you a quote. The following are current prices for your chemical requirements: Product for the Plant: Sodium Hypochlorite 12.5% (~10.1 Lb/Gal) Bulk Tanktruck, 48,000 Lb (~ 4,800 Gallons) $1.38/ Gal Sodium Hypochlorite 12.5% low salt (~9.66 Lb/Gal) Bulk Tanktruck, 48,000 Lb (~ 5,000 Gallons) $1.44/ Gal Caustic soda 50% (~ 12.76 Lb/Gal) Bulk Tanktruck, 48,000 Lb (~ 3,800 Gallons) $3.08/Gal ($.2414/Lb) Sodium Bisulfite 38% (~11.3 Lb/Gal) Bulk Tanktruck, 48,000 Lb (~ 3,800 Gallons) $2.34/Gal ($.2071/lbs.) Products for Odor Control: Sodium Hypochlorite 12.5% low salt 300 Gal Tote ($200 deposit, refundable) $2.73/ Gal Caustic soda 50% 3750 Lb Tote ($200 deposit, refundable) $4.54/ Gal ($.356/ lbs.) FOB: Delivered Stop charge for mini-bulk: $100 Note: We do not offer mini-bulk service without taking a full bulk load. The pricing listed for odor control is in IBC totes. While if you take a full bulk load to your plant, we can make a stop to top up your mini-bulk location (for fee listed above). Sincerely, Lance Jones Municipal Contracts Manager (206) 282-6334 Office/Fax (425) 578-4440 Cellular lancej@cascadecolumbia.com SEATTLE OFFICE & WAREHOUSE 6900 FOX AVE. SOUTH, SEATTLE,WA 98108 SEATTLE PHONE (206)282---6334 - PORTLAND METRO PHONE (503)625---5293 Ju, 2021 Travis Olson City of Bremerton, WWTP 1600 Oyster Bay Ave S Bremerton, WA 98312 Dear Travis, Thank you for the opportunity to quote on your 2021-2022 chemical requirements. Our pricing will be as follows: City of Bremerton Various Well Sites tƩƚķǒĭƷ 5ĻƌźǝĻƩǤ {źǩĻ ha tƩźĭĻ Sodium Bisulfite 38% Gallon $2. Sodium Hypochlorite 12.5% Large Bulk - more than 2,000 gallons Gallon $1. Sodium Hypochlorite 12.5% Mini Bulk - less than 2,000 gallons Gallon $2. Sodium Hypochlorite 12.5% -Low Salt Large Bulk - more than 2,000 gallons Gallon $2.4 Sodium Hypochlorite 12.5% -Low Salt Mini Bulk - less than 2,000 gallons Gallon $ Sodium Hydroxide 50% Large Bulk - more than 2,000 gallons Gallon $2. Sodium Hydroxide 50% Mini Bulk - less than 2,000 gallons Gallon $3. The above prices will be firm for the agreement year. The above prices include 9% sales tax. SDSs for all three products are attached. Please let us know if you have any questions and again, thank you for the opportunity. Best Regards, Julie DeBellis Julie DeBellis Northstar Chemical Sales Administrator 503-625-3770 jdebellis@northstarchemical.com SAFETY DATA SHEET Prepared to U.S. OSHA, CMA, ANSI and Canadian WHMIS Standards Northstar Chemical, Inc. Sodium Hypochlorite Solution (5 12.5%) SDS No: 50513 Revision Date: 8/12/2020 1. CHEMICAL PRODUCT AND COMPANY IDENTIFICATION TRADE NAME (AS LABELED): STARCHLOR (5 - 12.5%) CHEMICAL NAME/CLASS: Hypochlorous acid salt PRODUCT USE: Bleach, disinfectant, waste water treatment additive SUPPLIER/MANUFACTURER'S NAME: Northstar Chemical, Inc. ADDRESS: Corporate Office 14200 S.W. Tualatin-Sherwood Rd. Sherwood, OR 97140 BUSINESS PHONE: 888-793-9476 EMERGENCY PHONE: CHEMTREC: 800-424-9300 DATE OF PREPARATION: December 4, 2014 Si usted no entiende las Hojas de Informacion de Seguridad sobre Materials, busque a alguien para que se la explique a usted en detalle. (If you do not understand the Safety Data Sheet, find someone to explain it to you in detail.) 2. HAZARD IDENTIFICATION Physical hazards Corrosive to metals Category 1 Health hazards Skin corrosion/irritation Category 1 Serious eye damage/irritation Category 1 Specific target organ toxicity, single exposure Category 3 respiratory tract irritation Environmental hazards Hazardous to the aquatic environment, Category 1 acute hazard Hazardous to the aquatic environment, Category 2 long term hazard THIS MATERIAL IS HAZARDOUS AS DEFINED BY 49 CFR 172.101 BY THE U.S. DEPARTMENT OF TRANSPORTATION. 50513 Sodium Hypochlorite Solution PAGE 1 OF 10 Revision Date: 4/13/2017 LABEL ELEMENTS: Signal Word: DANGER skin corrosion and burns skin and eye irritant toxic to aquatic life eye damage corrosive to metals Hazard Statement: May be corrosive to metals. Causes severe skin burns and eye damage. May cause respiratory irritation. Very toxic to aquatic life. Precautionary Statement: Prevention: Wear protective gloves/protective clothing/eye protection/face protection. Do not breathe dust/fume/gas/mist/vapors/spray. Wash hands thoroughly after handling. Avoid release to the environment. Response: IF SWALLOWED: Rinse mouth. DO NOT induce vomiting. IF ON SKIN: Immediately take off all contaminated clothing. Rinse skin with water/shower. Wash contaminated clothing before re-use. IF INHALED: Remove person to fresh air and keep comfortable for breathing. Immediately call POISON CENTER or doctor/physician. IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do so. Continue rinsing. Collect spillage. Storage: Store in a well-ventilated place. Store locked up. Keep container tightly closed. Disposal: Dispose of contents/container in accordance with local/regional/national/international regulations. 3. COMPOSITION / INFORMATION ON INGREDIENTS Components CAS Number Concentration Water 7732-18-5 >60 % Sodium hypochlorite 7681-52-9 5-20 % 4. FIRST-AID MEASURES Inhalation If vapors, mists, or sprays of this product are inhaled, remove victim to fresh air. If person is not breathing, call 911 or an ambulance, then give artificial respiration, preferably mouth-to-mouth if possible. Remove or cover gross contamination to avoid exposure to rescuers. Do not give anything by mouth to an unconscious person. Skin Contact Rinse skin immediately with plenty of water for 15-20 minutes. Take off contaminated clothing, taking care not to contaminate eyes. Washing with large amounts of clean water should continue until affected skin surface no longer feels slippery. Victim must seek medical attention. Call a poison control center or doctor for treatment advice. 50513 Sodium Hypochlorite Solution PAGE 2 OF 10 Revision Date: 4/13/2017 4. FIRST-AID MEASURES (CONTINUED) Eye contact If this product enters the eyes, open victim's eyes while under gentle running water. Use sufficient force to open eyelids. Have victim "roll" eyes. Minimum flushing is for 15-20 minutes. Remove contact lenses, if present, after the first 5 minutes, then continue rinsing eye. Do not attempt to neutralize. Oils or ointments should not be used at this time. Call a poison control center or doctor for treatment advice. Victim must seek immediate medical attention. Ingestion Call a poison control center or doctor immediately for treatment advice. Do not induce vomiting unless told to do so by a poison control center or doctor. Have person sip a glass of water if able to swallow. Never induce vomiting or give diluents (milk or water) to someone who is unconscious, having convulsions, or unable to swallow. If spontaneous vomiting occurs, have victim lean forward with head down to avoid breathing in of vomitus, rinse mouth and administer more water. General Information: Victims of chemical exposure must be taken for medical attention. Rescuers should be taken for medical attention, if necessary. Take a copy of label and MSDS to health professional with victim. Note to Physicians: Treat symptomatically and provide supportive therapy as indicated. Do NOT give acidic antidotes such as juice, soft drink, vinegar, etc. This product contains materials that may cause severe pneumonitis if aspirated. If ingestion has occurred less than 2 hours earlier, carry out careful gastric lavage; use endotracheal cuff if available, to prevent aspiration. Observe patient for respiratory difficulty from aspiration pneumonitis. Give artificial resuscitation and appropriate chemotherapy if respiration is depressed. Following exposure, the patient should be kept under medical review for at least 48 hours as delayed pneumonitis may occur. Pulmonary edema is likely and may be delayed. Steroid therapy, if given early, may be effective in preventing or alleviating edema. 5. FIRE-FIGHTING MEASURES HAZCHEM or Emergency Action Code: 2X FLASH POINT, °C (method): Not flammable. Suitable extinguishing media: Water spray, foam, dry chemical, carbon dioxide, Halon, any class. Specific hazards arising Gases hazardous to health may be formed during fire. from the chemical: Special protective equipment and Reaction with nitrogen compounds, chloro-organic compounds, or easily oxidizable Precautions for fire-fighters: compounds (reducing agents) may be explosive. This material is non-flammable but is decomposed by heat and light, causing a pressure build-up, which could result in an explosion. When heated, it may release chlorine gas. Vigorous reaction with oxidizable or organic materials may result in fire. Contact with aluminum, tin or zinc will result in the generation of heat and release of hydrogen gas. Run-off from fire control may cause pollution. Keep fire-exposed containers cool with water spray to prevent rupture due to excessive heat. High pressure water hose may spread product from broken containers increasing contamination. If involved in a fire, this product may decompose to produce a variety of compounds (i.e. chlorine, sodium oxide, oxygen). Emergency responders must wear the proper personal protective equipment suitable for the situation to which they are responding. Products of combustion are irritating to the respiratory tract and may cause breathing difficulty. Symptoms may be delayed several hours or longer depending upon the extent of exposure. Incipient fire responders should wear eye protection. Structural fire fighters must wear Self- Contained Breathing Apparatus and full protective equipment. Move fire-exposed containers, if it can be done without risk to firefighters. If possible, prevent run-off water from entering storm drains, bodies of water, or other environmentally 50513 Sodium Hypochlorite Solution PAGE 3 OF 10 Revision Date: 4/13/2017 sensitive areas. If necessary, discard or decontaminate fire response equipment usingwaterandsodiumbicarbonatebeforereturningsuchequipmenttoservice. 6.ACCIDENTAL RELEASEMEASURES Personal precautions, protective Use impermeable gloves, specific for the material handled, goggles, face shield, Equipment and emergency procedures: and appropriate body protection. In the event of a large release, use impermeable gloves, specific for the material handled, chemically resistant suit and boots, and hard-hat. Self-Contained Breathing Apparatus or respirator may be required where engineering controls are not adequate or conditions for potential exposure exist. When respirators are required, Select NIOSH/MSHA approved based on actual or potential airborne concentrations in accordance with latest OSHA and/or ANSI recommendations. Environmental precautions: Uncontrolled releases should be responded to by trained personnel using pre-planned procedures. Proper protective equipment should be used. In case of a spill, clear the affected area, protect people, and respond with trained personnel. Methods and materials for Absorb spilled liquid with polypads or other suitable absorbent materials. containment and cleaning up: Neutralize residue with sodium bicarbonate and water rinse. Decontaminate the area thoroughly. Test area with litmus paper to confirm neutralization. Place all spill residue in a suitable container. Dispose of in accordance with Federal, State, and local hazardous waste disposal regulations (see Section 13, Disposal Considerations). Deactivation for Small Spills: hypochlorite can be broken down by covering it with a reducing agent such as sodium sulfite or sodium thiosulfate. 7. HANDLING and STORAGE Precautions for safe handling: Wear appropriate personal protective equipment. Do not get in eyes, on skin or on clothing. Wash hands after handling this product. Do not eat or drink while handling this material. Remove contaminated clothing immediately. Discard contaminated clothing items, or launder before re-use. Inform anyone handling such contaminated laundry of the hazards associated with this product. Use ventilation and other engineering controls to minimize potential exposure to this product. All employees who handle this material should be trained to handle it safely. Avoid breathing mists or sprays generated by this product. Use in a well-ventilated location. For Non-Bulk Containers: Open containers slowly, on a stable surface. Containers of this product must be properly labeled. Store containers in a cool, dry location, away from direct sunlight, sources of intense heat, or where freezing is possible. Material should be stored in secondary containers, or in a diked area, as appropriate. Store containers away from incompatible chemicals. Keep container tightly closed when not in use. Wash thoroughly after using this material. Storage areas should be made of fire-resistant materials. If appropriate, post warning signs in storage and use areas. Inspect all incoming containers before storage, to ensure containers are properly labeled and not damaged. Empty containers may contain residual liquid; therefore, empty containers should be handled with care. Bulk Containers: All tanks and pipelines which contain this material must be labeled. Perform routine maintenance on tanks or pipelines which contain this product. Report all leaks immediately to the proper personnel. Tank Car Shipments: Tank cars carrying this product should be loaded and unloaded in strict accordance with tank-car and all established on-site safety procedures. Appropriate personal protective equipment must be used (see Section 8, Engineering Controls and Personal Protective Equipment.). All loading and unloading equipment must be inspected, prior to each use. Loading and unloading operations must be attended, at all times. Tank cars must be level, brakes must be set or wheels must be locked or blocked prior to loading or unloading. Tank car (for loading) or storage tank (for unloading) must be verified to be correct for receiving this product and be properly prepared, prior to starting the transfer operations. Hoses must be verified to be clean and free of incompatible chemicals, prior to connection to the tank car or vessel. Valves and hoses must be verified to be in the correct positions, before starting transfer operations. A sample (if required) must be taken and verified (if required) prior to 50513 Sodium Hypochlorite Solution PAGE 4 OF 10 Revision Date: 4/13/2017 starting transfer operations. All lines must be blown-down and purged before disconnecting them from the tank caror vessel. Protective Practices During Maintenance of Contaminated Equipment: Follow practices indicated in Section 6 (Accidental Release Measures). Make certain application equipment is locked and tagged-out safely. Always use this product in areas where adequate ventilation is provided. Decontaminate equipment before maintenance begins by a triple-rinse with water followed, if necessary, by using sodium bicarbonate and an additional rinse. Collect all rinsates and dispose of according to applicable Federal, State, or local procedures. 8. EXPOSURE CONTROLS - PERSONAL PROTECTION Engineering Controls: If required use a corrosion-resistant ventilation system separate from other exhaust ventilation systems to ensure that there is no potential for overexposure to sprays, or mists of this product and that exposures are below those in section 2 (Composition and Information on Ingredients). Ensure eyewash/safety shower stations are available near areas where this product is used. Individual protection measures, such as personal protective equipment Eye/Face Protection: Splash goggles or safety glasses. Face-shields are recommended when the operation can generate splashes, sprays or mists. Skin Protection: Wear appropriate gloves for routine industrial use. Use appropriate gloves for spill response, as stated in Section 6 of this MSDS (Accidental Release Measures). Use body protection appropriate for task. Cover-all, rubber aprons, or chemical protective clothing made from natural rubber are generally acceptable, depending upon the task. Respiratory Protection: Maintain airborne contaminant concentrations below exposure limits listed in Section 2 (Composition and Information on Ingredients). If respiratory protection is needed, use only protection authorized in 29 CFR 1910.134, or applicable State regulations. If adequate ventilation is not available or if there is potential for airborne exposure above the exposure limits (listed in Section 2) a respirator may be worn up to respirator exposure limitations, check with respirator equipment manufactures recommendations/limitations. For a higher level of protection use positive pressure supplied air respiration protection or Self Contained Breathing Apparatus or if oxygen levels are below 19.5% or are unknown. 9. PHYSICAL and CHEMICAL PROPERTIES Appearance and Color: light-yellow to green liquid solution Odor: pungent with a strong chlorine-like smell Odor threshold: 0.06 ppm (detection), for Chlorine. pH: 11-13 Melting/freezing point: -13.6°C (7.5°F). Boiling point: decomposes above 40°C (104°F). Flash point: not flammable Evaporation rate (n-BuAc=1): similar to water. Vapor pressure (mm Hg @ 21 °C): 12 mmHg. Vapor density (air = 1): not available Relative density (specific gravity): 1.212 (at 20°C) Solubility in water: completely soluble. Partition coefficient (n-octanol/water): not available. Decomposition temperature: decomposes above 40°C (104°F). Viscosity: not available Other information: Litmus paper will turn blue-purple upon contact with this solution. 10.STABILITY and REACTIVITY Reactivity: This product is non-reactive at under recommended storage conditions. 50513 Sodium Hypochlorite Solution PAGE 5 OF 10 Revision Date: 4/13/2017 Chemicalstability:Stable at roomtemperature Possibility of hazardous reactions: This product reacts with strong acids producing heat and chlorine gas, which is toxic. Conditions to avoid: Avoid exposure or contact to extreme temperatures and incompatible chemicals. Incompatible materials: Reacts with strong acids to produce heat and chlorine gas. Other incompatibles include organic material, cellulose, oxidizable materials, ammonia, urea, ammonium salts, ethyleneimine, cyanides, nitrogen compounds, alcohols, metals, and metal oxides. Reacts with metals to produce flammable hydrogen gas. Metal and metal oxide catalysts decompose hypochlorites, evolving oxygen and often causing explosions. May react explosively with nitrogen containing compounds or form chloramines, which are explosive. Alkaline hypochlorite solutions may react explosively with some chloro-organic compounds. Hazardous decomposition products: Chlorine, sodium oxide, oxygen, oxides of chlorine, sodium chlorate, and hydrogen 11.TOXICOLOGICAL INFORMATION Information on likely routes of exposure Ingestion May be harmful if swallowed. Inhalation: Causes respiratory irritation. Skin Contact: Causes skin burns. Eye Contact: Causes severe eye damage. Information on toxicological effects Carcinogenicity: The major components of this product are not found on the following lists: FEDERAL OSHA Z LIST, NTP, IARC, CAL/OSHA; and are therefore not considered to be, nor suspected to be, cancer-causing agents by these agencies. Sensitization: Sodium Hypochlorite, a component of this product, is a sensitizer. Prolonged or repeated skin contact can result in the development of rashes, welts, and other allergy-like symptoms. This product is severely irritating and corrosive to contaminated tissue. Reproductive Toxicity: This product is not reported to cause reproductive effects in humans. Mutagenicity: This product is not reported to produce mutagenic effects in humans. Sodium hypochlorite caused mutations in several short-term studies using bacteria and cultured mammalian cells. The significance of these tests is unclear. It was not mutagenic in tests (chromosome aberration and micronucleus) on live animals. Embryotoxicity: This product is not reported to produce embryotoxic effects in humans. Teratogenicity: This product is not reported to cause teratogenic effects in humans. Toxicity Data: Additional toxicology information for components greater than 1 percent in concentration is provided below. SODIUM HYPOCHLORITE: Eye effects-Rabbit, adult 10 mg Moderate irritation effects Microsomal Mutageniticity Assay-Salmonella typhimurium 1 mg/plate 50513 Sodium Hypochlorite Solution PAGE 6 OF 10 Revision Date: 4/13/2017 Cytogenetic Analysis-Human: lymphocyte, 100 ppm/24 hours Oral-Woman TDLo: 1 g/kg: Central nervous system effects, Blood pressure effects, Intravenous-Man TDLo: 45 mg/kg: Pulmonary system effects Oral-Mouse LD: 5800 mg/kg 50 Oral-Rat LD: 8910 mg/kg 50 Medical Conditions Aggravated by Exposure: Skin disorders can be aggravated by over-exposure to this product. Inhalation of this product mists may aggravate respiratory conditions. 12.ECOLOGICAL INFORMATION Ecotoxicity This product is harmful or fatal to plant and animal life if this product is released into the environment. Refer to Section 11 (Toxicological Information) for further data on the effects of this components on test animals. This product can substantially raise the pH of an aquatic environment and can be extremely toxic to fish and aquatic plants. As with all chemicals, work practices should be aimed at eliminating environmental releases. Product Species Test Results Sodium Hypochlorite Aquatic Fish LC50 (48 hr.) rainbow trout 0.07 mg/L LC50 (96 hr.) fathead minnow 5.9 mg/L Invertebrate and Microbial Toxicity LOEC Oncorhynchus kisutch 0.02 mg/L Bioaccumulative potential: The components of this product are relatively stable in the environment; they may degrade, after time, into other organic and inorganic constituents. Additional environmental data are available as follows: SODIUM HYPOCHLORITE: Water solubility = 29.4 g/ 100 mL (25 C). 13.DISPOSAL CONSIDERATIONS Disposal Instructions: Waste disposal must be in accordance with appropriate Federal, State, and local regulations. This product, if unaltered by use, may be disposed of by treatment at a permitted facility or as advised by your local hazardous waste regulatory authority. EPA Waste Code: D002 (Characteristic, Corrosivity), applicable to wastes consisting only of this solution. 14.TRANSPORTATION INFORMATION This material is hazardous as defined by 49 CFR 172.101 by the U.S. Department of Transportation. DOT Proper Shipping Name Hypochlorite Solution Hazard Class Number and Description 8 (corrosive material) UN Identification Number UN 1791 Packing Group and Description III (least danger among regulated goods) DOT Labels/Placards Required Corrosive North American Emergency Response Guide Book (2012) Guide 154 Marine Pollutant: This product does not contain any components which are designated by the Department of Transportation to be Marine Pollutants. (49 CFR 172.101, Appendix B). Canada Transportation of Dangerous Goods Regulations: This material is considered dangerous goods. Use the above information for the preparation of Canadian Shipments. 50513 Sodium Hypochlorite Solution PAGE 7 OF 10 Revision Date: 4/13/2017 15. REGULATORY INFORMATION This product is considered a Hazardous Chemical by the OSHA Hazard Communication Standard, 29 CFR 1910.1200 SARA Reporting Requirements: The components of this product subject to the reporting requirements of Section 302, 304 and 313 of Title III of the Superfund Amendments and Reauthorization Act are as follows. COMPONENT SARA 302 SARA 304 SARA 311/312 SARA 313 Extremely Hazardous Substance Hazardous Chemical TRI Reporting Sodium Hypochlorite No Yes Yes No SARA Threshold Planning Quantity: Not applicable. TSCA Inventory Status: The components of this product are listed on the TSCA Inventory. CERCLA Reportable Quantity (RQ): Sodium Hypochlorite = 100 lbs. Other Federal Regulations: Not applicable. State Regulatory Information: Components of this product are covered under specific State regulations, as denoted below: Illinois - Toxic Substance List: Sodium New Jersey - Right to Know Hazardous North Dakota - List of Hazardous Chemicals, Hypochlorite. Substance List: Sodium Hypochlorite Reportable Quantities: Sodium Hypochlorite. California Proposition 65: No component of this product is on the California Proposition 65 lists. Label Information: If this product is used for the purpose of a pesticide it would be a violation of federal law to use this product in a manner inconsistent with its labeling. Call NORTHSTAR to see if your required use is covered by our label. The following labeling section is taken from our pesticide label but has no directions for use. It does not constitute a pesticide label. It is for information only. Labeling: KEEP OUT OF REACH OF CHILDREN - DANGER - PELIGRO Hazards to Humans and Domestic Animals: DANGER: Corrosive - may cause severe skin or chemical bums to broken skin. Causes eye damage. May be fatal if swallowed. Avoid breathing vapors. Do not get in eyes, on skin, or on clothing. Wear goggles or face shield and rubber gloves when handling this product. Wash hands after handling. Vacate poorly ventilated areas assoon as possible. Do not return until odors have dissipated. Environmental Hazards: This pesticide is toxic to fish and aquatic organisms. Do not discharge effluent containing this product into lakes, streams, ponds, estuaries, oceans, or other waters unless in accordance with the requirements of a National Pollutant Discharge Elimination System (NDPES) permit and the permitting authority has been notified in writing prior to discharge. Do not discharge effluent containing this product to sewer systems without previously notifying the local sewage treatment plant authority. For guidance contact your State Water Board or Regional Office of the EPA. Physical or Chemical Hazards: STRONG OXIDIZING AGENT: Mix only with water according to label directions. Mixing this product with chemicals (e.g. ammonia. acids, detergents, etc.) or organic matter (e.g. urine, feces, etc.) will release chlorine gas which is irritating to eyes, lungs and mucous membranes. Storage and Disposal: Store this product in a cool dry area, away from direct sunlight and heat to avoid deterioration. In case of spill, flood areas with large quantities of water. Product or rinsates that cannot be used should be diluted with water before disposal in sanitary sewer (see Environmental Hazards). Do not contaminate food or feed by storage, disposal or cleaning of equipment. If in eyes: Hold eye open and rinse slowly and gently with water for 15-20 minutes. Remove contact lenses, if present, after the first 5 minutes, then continue rinsing eye. Call a poison control center or doctor for treatment advice. Call a poison control center or doctor for further treatment advice. If on skin or clothing: Take off contaminated clothing. Rinse skin immediately with plenty of water for 15-20 minutes. Call 50513 Sodium Hypochlorite Solution PAGE 8 OF 10 Revision Date: 4/13/2017 a poison control center or doctor for treatment advice. If swallowed: Call a poison control center or doctor immediately for treatment advice. Have person sip a glass of water if able to swallow. Do not induce vomiting unless told to do so by a poison control center or doctor. If inhaled: If person is not breathing, call 911 or an ambulance, then give artificial respiration, preferably mouth-to-mouth if possible. Do not give anything by mouth to an unconscious person. Note to Physician: Probable mucosal damage may contraindicate the use of gastric lavage. In case of fire: Use dry chemical, COor alcohol foam. In case of spill: Neutralize residue with sodium bicarbonate and rinse 2, area. Place in suitable container. Refer to MSDS for additional information. Target Organs: Skin, eyes and respiratory system. Corrosive Material NFPA 704 Rating: FLAMMABILITY 0 (Minimal) 0 1 (Slight) 1 2 3 2 (Moderate) HEALTH REACTIVITY 3 (Serious) 4 (Severe) OTHER 16.OTHER INFORMATION DEFINITIONS OF TERMS 50513 Sodium Hypochlorite Solution PAGE 9 OF 10 Revision Date: 4/13/2017 A large number of abbreviations and acronyms appear on a Safety Data Sheet. Some of these which are commonly used include thefollowing: CAS #: This is the Chemical Abstract Service Number which uniquely identifies FLAMMABILITY LIMITS IN AIR: each constituent. It is used for computer-related searching. Much of the information related to fire and explosion is derived from the National Fire Protection Association (NFPA). Flash Point - Minimum temperature at EXPOSURE LIMITS IN AIR: which a liquid gives off sufficient vapors to form an ignitable mixture with air. ACGIH - American Conference of Governmental Industrial Hygienists, a Autoignition Temperature: The minimum temperature required to initiate professional association which establishes exposure limits. combustion in air with no other source of ignition. LEL - the lowest percent of TLV - Threshold Limit Value - an airborne concentration of a substance which vapor in air, by volume, that will explode or ignite in the presence of an ignition represents conditions under which it is generally believed that nearly all workers source. UEL - the highest percent of vapor in air, by volume, that will explode may be repeatedly exposed without adverse effect. The duration must be or ignite in the presence of an ignition source. considered, including the 8-hour Time Weighted Average (TWA), the 15- minute Short Term Exposure Limit, and the instantaneous Ceiling Level. TOXICOLOGICAL INFORMATION: Skin adsorption effects must also be considered. Possible health hazards as derived from human data, animal studies, or from OSHA - U.S. Occupational Safety and Health Administration. the results of studies with similar compounds are presented. Definitions of PEL - Permissible Exposure Limit - This exposure value means exactly the some terms used in this section are: LD- Lethal Dose (solids & liquids) which 50 same as a TLV, except that it is enforceable by OSHA. The OSHA Permissible kills 50% of the exposed animals; LC- Lethal Concentration (gases) which 50 Exposure Limits are based in the 1989 PELs and the June, 1993 Air kills 50% of the exposed animals; ppm concentration expressed in parts of Contaminants Rule (Federal Register: 58: 35338-35351 and 58: 40191). Both 3 material per million parts of air or water; mg/mconcentration expressed in the current PELs and the vacated PELs are weight of substance per volume of air; mg/kg quantity of material, by weight, laced next to the PEL which was vacated by Court Order. administered to a test subject, based on their body weight in kg. Data from IDLH - Immediately Dangerous to Life and Health - This level represents a several sources are used to evaluate the cancer-causing potential of the concentration from which one can escape within 30-minutes without suffering material. The sources are: IARC - the International Agency for Research on escape-preventing or permanent injury. The DFG - MAK is the Republic of Cancer; NTP - the National Toxicology Program, RTECS - the Registry of Toxic to the U.S. PEL. NIOSH is the Effects of Chemical Substances, OSHA and CAL/OSHA. IARC and NTP rate National Institute of Occupational Safety and Health, which is the research arm chemicals on a scale of decreasing potential to cause human cancer with of the U.S. Occupational Safety and Health Administration (OSHA). NIOSH rankings from 1 to 4. Sub rankings (2A, 2B, etc.) are also used. Other measures issues exposure guidelines called Recommended Exposure Levels (RELs). of toxicity include TDLo, the lowest dose to cause a symptom and TCLo the When no exposure guidelines are established, an entry of NE is made for lowest concentration to cause a symptom; TDo, LDLo, and LDo, or TC, TCo, reference. LCLo, and LCo, the lowest dose (or concentration) to cause death. BEI - HAZARD RATINGS: Biological Exposure Indices, represent the levels of determinants which are HAZARDOUS MATERIALS IDENTIFICATION SYSTEM: Health Hazard: 0 most likely to be observed in specimens collected from a healthy worker who (minimal acute or chronic exposure hazard); 1 (slight acute or chronic exposure has been exposed to chemicals to the same extent as a worker with inhalation hazard); 2 (moderate acute or significant chronic exposure hazard); 3 (severe exposure to the TLV. acute exposure hazard; onetime over-exposure can result in permanent injury and may be fatal); 4 (extreme acute exposure hazard; onetime over-exposure REGULATORY INFORMATION: can be fatal). Flammability Hazard: 0 (minimal hazard); 1 (materials that require This section explains the impact of various laws and regulations on the material. substantial pre-heating before burning); 2 (combustible liquid or solids; liquids EPA is the U.S. Environmental Protection Agency. WHMIS is the Canadian witha flash point of 38-93C \[100-200F\]); 3 (Class IB and IC flammable liquids Workplace Hazardous Materials Information System. DOT and TC are the U.S. with flash points below 38C \[100F\]); 4 (Class IA flammable liquids with flash Department of Transportation and the Transport Canada, respectively. Other points below 23C \[73F\] and boiling points below 38C \[100F\]). Reactivity acronyms used are: Superfund Amendments and Reauthorization Act Hazard: 0 (normally stable); 1 (material that can become unstable at elevated (SARA); the Toxic Substance Control Act (TSCA); Marine Pollutant status temperatures or which can react slightly with water); 2 (materials that are according to the DOT; California's Safe Drinking Water Act (Proposition 65); unstable but do not detonate or which can react violently with water); 3 the Comprehensive Environmental Response, Compensation, and (materials that can detonate when initiated or which can react explosively with Liability Act (CERCLA or Superfund); and various state regulations. This water); 4 (materials that can detonate at normal temperatures or pressures). section also includes information on the precautionary warnings which appear on the materials package label. NATIONAL FIRE PROTECTION ASSOCIATION: Health Hazard: 0 (material that on exposure under fire conditions would offer no hazard beyond that of ordinary combustible materials); 1 (materials that on exposure under fire conditions could cause irritation or minor residual injury); 2 (materials that on intense or continued exposure under fire conditions could cause temporary incapacitation or possible residual injury); 3 (materials that can on short exposure could cause serious temporary or residual injury); 4 (materials that under very short exposure could cause death or major residual injury). Flammability Hazard and Reactivity Hazard: Refer to definitions for 50513 Sodium Hypochlorite Solution PAGE 10 OF 10 Revision Date: 4/13/2017 SAFETY DATA SHEET 1. CHEMICAL PRODUCT AND COMPANY IDENTIFICATION PRODUCT NAME: Sodium Hydroxide Solution, 50% CHEMICAL NAME/CLASS: Caustic Soda PRODUCT USE: Chemical processing, soaps and detergents, water treatment, pulp and paper. SUPPLIER/MANUFACTURER'S NAME: Northstar Chemical, Inc. ADDRESS: 14200 S.W. Tualatin-Sherwood Rd. Sherwood, OR 97140 BUSINESS PHONE: 888-793-9476 EMERGENCY PHONE: CHEMTREC: 800-424-9300 DATE OF PREPARATION: March 30, 2020 2. HAZARD IDENTIFICATION Hazard classification GHS classification in accordance with 29 CFR 1910.1200 Corrosive to metals - Category 1 Skin corrosion - Category 1A Serious eye damage - Category 1 LABEL ELEMENTS: Signal Word: DANGER Hazards: May be corrosive to metals. Causes severe skin burns and eye damage. Precautionary statements Prevention Keep only in original container. Wash skin thoroughly after handling. Wear protective gloves/ protective clothing/ eye protection/ face protection. Response IF SWALLOWED: Rinse mouth. Do NOT induce vomiting. IF ON SKIN (or hair): Take off immediately all contaminated clothing. Rinse skin with water/ shower. IF INHALED: Remove person to fresh air and keep comfortable for breathing. Immediately call a POISON CENTER/ doctor. Page 1 of 8 IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. Immediately call a POISON CENTER/ doctor. Wash contaminated clothing before reuse. Absorb spillage to prevent material damage Storage Store locked up. Store in corrosive resistant container with a resistant inner liner. Disposal Dispose of contents/ container to an approved waste disposal plant Other hazards No data available 3. COMPOSITION / INFORMATION ON INGREDIENTS Components CAS Number Concentration Water 7732-18-5 49 - 51.5 % Sodium hydroxide 1310-73-2 48.5 - 51 % 4. FIRST-AID MEASURES Description of first aid measures: First Aid responders should pay attention to self-protection and use the recommended protective clothing (chemical resistant gloves, splash protection). If potential for exposure exists refer to Section 8 for specific personal protective equipment. Inhalation: Move person to fresh air; if effects occur, consult a physician. Skin contact: Immediate continued and thorough washing in flowing water for at least 30 minutes is imperative while removing contaminated clothing. Prompt medical consultation is essential. Wash clothing before reuse. Properly dispose of leather items such as shoes, belts, and watchbands. Suitable emergency safety shower facility should be immediately available. Eye contact: - Wash eyes with plenty of water for 15 minutes at least. Do not forget to remove contact lenses. Washing with water is the only acceptable method of removal of caustic soda (lye) from the eyes and skin. You may have 10 seconds or less to avoid serious permanent injury. Suitable emergency eye wash facility should be immediately available. Ingestion: Do not induce vomiting. Give one cup (8 ounces or 240 ml) of water or milk if available and transport to a medical facility. Do not give anything by mouth unless the person is fully conscious. Most important symptoms and effects, both acute and delayed: Aside from the information found under Description of first aid measures (above) and Indication of immediate medical attention and special treatment needed (below), any additional important symptoms and effects are described in Section 11: Toxicology Information. Indication of any immediate medical attention and special treatment needed Notes to physician: Eye irrigation may be necessary for an extended period of time to remove as much caustic as possible. Duration of irrigation and treatment is at the discretion of medical personnel. Due to irritant properties, swallowing may result in burns/ulceration of mouth, stomach and lower gastrointestinal tract with subsequent stricture. Aspiration of vomitus may cause lung injury. Suggest endotracheal/esophageal control if lavage is done. If burn is present, treat as any thermal burn, after decontamination. No specific antidote. Treatment of exposure should be directed at the control of symptoms and the clinical condition of the patient. 5. FIRE-FIGHTING MEASURES Suitable extinguishing media: This material does not burn. If exposed to fire from another source, use suitable extinguishing agent for that fire. Unsuitable extinguishing media: Do not use water. Page 2 of 8 Special hazards arising from the substance or mixture Hazardous combustion products: Not applicable Unusual Fire and Explosion Hazards: Product reacts with water. Reaction may produce heat and/or gases. This reaction may be violent. Violent steam generation or eruption may occur upon application of direct water stream to hot liquids. Advice for firefighters: Fire Fighting Procedures: Keep people away. Isolate fire and deny unnecessary entry. Water is not recommended but may be applied in large quantities as a fine spray when other extinguishing agents are not available. This material does not burn. Fight fire for other material that is burning. Special protective equipment for firefighters: Wear positive-pressure self-contained breathing apparatus (SCBA) and protective firefighting clothing (includes firefighting helmet, coat, trousers, boots, and gloves). Avoid contact with this material during firefighting operations. If contact is likely, change to full chemical resistant fire fighting clothing with self- contained breathing apparatus. If this is not available, wear full chemical resistant clothing with self-contained breathing apparatus and fight fire from a remote location. For protective equipment in post-fire or non-fire clean-up situations, refer to the relevant sections. 6. ACCIDENTAL RELEASE MEASURES Personal precautions, protective equipment and emergency procedures: Evacuate area. Only trained and properly protected personnel must be involved in clean-up operations. Refer to section 7, Handling, for additional precautionary measures. Keep upwind of spill. Ventilate area of leak or spill. See Section 10 for more specific information. Use appropriate safety equipment. For additional information, refer to Section 8, Exposure Controls and Personal Protection. Environmental precautions: Prevent from entering into soil, ditches, sewers, waterways and/or groundwater. See Section 12, Ecological Information. Methods and materials for containment and cleaning up: Contain spilled material if possible. Small spills: Dilute with water. Large spills: Dike area to contain spill. Collect in suitable and properly labeled containers. Attempt to neutralize by adding materials such as Acetic acid See Section 13, Disposal Considerations, for additional information. 7. HANDLING and STORAGE Precautions for safe handling: Do not get in eyes, on skin, on clothing. Do not swallow. Avoid breathing mist. Wash thoroughly after handling. Keep container closed. Use with adequate ventilation. ALWAYS add caustic soda solution to water with constant agitation. NEVER add water to the caustic soda solution. 2. The water should be lukewarm (27-38°C or 80-100°F). NEVER start with hot or cold water. The addition of caustic soda to liquid will cause a rise in temperature. If caustic soda becomes concentrated in one area, is added too rapidly, or is added to hot or cold liquid, a rapid temperature increase can result in DANGEROUS mists, boiling or spattering which may cause an immediate VIOLENT ERUPTION. See Section 8, EXPOSURE CONTROLS AND PERSONAL PROTECTION. Conditions for safe storage: Keep container closed. Do not store in: Zinc. Aluminum. Brass. Tin. See Section 10 for more specific information. Storage stability Storage temperature: > 16 °C (> 61 °F) 8. EXPOSURE CONTROLS - PERSONAL PROTECTION Occupational exposure limits US OSHA Table Z-1 Limit for Air Contaminants (29 CFR 1910.1000) Page 3 of 8 Components Type Value Sodium hydroxide (CAS 1310-73-2)TWA2 mg/m3 US ACGIH Threshold Limit Values Components Type Value Sodium hydroxide (CAS 1310-73-2) Ceiling 2 mg/m3 US OSHA P0 Components Type Value Sodium hydroxide (CAS 1310-73-2) Ceiling 2 mg/m3 Exposure controls Engineering controls: Use engineering controls to maintain airborne level below exposure limit requirements or guidelines. If there are no applicable exposure limit requirements or guidelines, use only with adequate ventilation. Local exhaust ventilation may be necessary for some operations. Individual protection measures Eye/face protection: Use chemical goggles. Skin protection Hand protection: Use gloves chemically resistant to this material. Examples of preferred glove barrier materials include: Butyl rubber. Chlorinated polyethylene. Natural rubber ("latex"). Neoprene. Nitrile/butadiene rubber ("nitrile" or "NBR"). Polyethylene. Ethyl vinyl alcohol laminate ("EVAL"). Polyvinyl chloride ("PVC" or "vinyl"). Styrene/butadiene rubber. Viton. Avoid gloves made of: Polyvinyl alcohol ("PVA"). NOTICE: The selection of a specific glove for a particular application and duration of use in a workplace should also take into account all relevant workplace factors such as, but not limited to: Other chemicals which may be handled, physical requirements (cut/puncture protection, dexterity, thermal protection), potential body reactions to glove materials, as well as the instructions/specifications provided by the glove supplier. Other protection: Use protective clothing chemically resistant to this material. Selection of specific items such as face shield, boots, apron, or full body suit will depend on the task. Respiratory protection: Respiratory protection should be worn when there is a potential to exceed the exposure limit requirements or guidelines. If there are no applicable exposure limit requirements or guidelines, wear respiratory protection when adverse effects, such as respiratory irritation or discomfort have been experienced, or where indicated by your risk assessment process. In misty atmospheres, use an approved particulate respirator. The following should be effective types of air-purifying respirators: Particulate filter. 9. PHYSICAL and CHEMICAL PROPERTIES Appearance Physical state: Liquid above freezing point Color: Colorless Odor: Odorless Odor Threshold: No test data available pH : 14 Literature Melting point/range: 14 °C ( 57 °F) Literature Freezing point: 14 °C ( 57 °F) Literature Boiling point: (760 mmHg) 145 °C ( 293 °F) ASTM D1120 Flash point: closed cup Literature None Evaporation Rate (Butyl Acetate = 1): No test data available Flammability (solid, gas): Not Applicable Flammability (liquids): Not expected to be a static-accumulating flammable liquid. Lower explosion limit: Not applicable Upper explosion limit: Not applicable Vapor Pressure: 1.5 mmHg at 20 °C (68 °F) Literature Relative Vapor Density (air = 1): Not applicable Relative Density (water = 1): 1.52 at 20 °C (68 °F) Literature Partition coefficient: noctanol/water: No data available Auto-ignition temperature: Not applicable Decomposition temperature: No test data available Page 4 of 8 Kinematic Viscosity: 0.35 St at 25 °C (77 °F) Calculated. Explosive properties: No data available Oxidizing properties: No Liquid Density: 1.5 g/cm3 at 20 °C (68 °F) Literature Molecular weight: No test data available NOTE: The physical data presented above are typical values and should not be construed as a specification. 10. STABILITY and REACTIVITY Reactivity: No data available Chemical stability: Stable under recommended storage conditions. See Storage, Section 7. Possibility of hazardous reactions: Polymerization will not occur. Conditions to avoid: Avoid moisture. Product absorbs carbon dioxide from the air. Incompatible materials: Heat is generated when mixed with water. Spattering and boiling can occur. Caustic soda solution reacts readily with various reducing sugars (i.e. fructose, galactose, maltose, dry whey solids) to produce CO. Take precautions including monitoring the tank atmosphere for CO to ensure safety of personnel before vessel entry. Avoid contact with: Acids. Glycols. Halogenated organics. Organic nitro compounds. Flammable hydrogen may be generated from contact with metals such as: Zinc. Aluminum. Tin. Brass. Hazardous decomposition products: Does not decompose. 11. TOXICOLOGICAL INFORMATION Toxicological information appears in this section when such data is available. Information on likely routes of exposure Ingestion, Inhalation, Skin contact, Eye contact. Acute toxicity (represents short term exposures with immediate effects - no chronic/delayed effects known unless otherwise noted) Acute oral toxicity This is a concentrated caustic soda solution. Swallowing may result in gastrointestinal irritation or ulceration. Swallowing may result in burns of the mouth and throat. As product: Single dose oral LD50 has not been determined. Based on information for component(s): LD50, > 5,000 mg/kg Estimated Acute dermal toxicity Absorption has not been determined due to corrosivity. As product: The dermal LD50 has not been determined. Based on information for component(s): LD50, > 5,000 mg/kg Estimated Acute inhalation toxicity This is a concentrated caustic soda solution. Mist may cause severe irritation of upper respiratory tract (nose and throat). As product: The LC50 has not been determined. Skin corrosion/irritation Based on testing for product(s) in this family of materials: This is a concentrated caustic soda solution. Brief contact may cause severe skin burns. Symptoms may include pain, severe local redness and tissue damage ȁ Serious eye damage/eye irritation Based on testing for product(s) in this family of materials: This is a concentrated caustic soda solution. Page 5 of 8 May cause severe irritation with corneal injury which may result in permanent impairment of vision, even blindness. Chemical burns may occur. Mistmay cause eye irritation Sensitization For skin sensitization No specific, relevant data available for assessment. For respiratory sensitization No specific, relevant data available for assessment. Specific Target Organ Systemic Toxicity (Single Exposure) Material is corrosive. Material is not classified as a respiratory irritant; however, upper respiratory tract irritation or corrosivity may be expected. Aspiration Hazard Aspiration into the lungs may occur during ingestion or vomiting, causing tissue damage or lung injury. Chronic toxicity (represents longer term exposures with repeated dose resulting in chronic/delayed effects - no immediate effects known unless otherwise noted) Specific Target Organ Systemic Toxicity (Repeated Exposure) Based on available data for the component(s), repeated exposures are not anticipated to cause significant adverse effects Carcinogenicity No relevant data found. Teratogenicity No relevant data found. Reproductive toxicity No relevant data found. Mutagenicity For the major component(s): In vitro genetic toxicity studies were negative. 12. ECOLOGICAL INFORMATION Ecotoxicological information appears in this section when such data is available. Toxicity Acute toxicity to fish: May increase pH of aquatic systems to > pH 10 which may be toxic to aquatic organisms. Persistence and degradability Biodegradability: Biodegradability is not applicable to inorganic substances. Bioaccumulative potential Bioaccumulation: No bioconcentration is expected because of the relatively high water solubility. Mobility in soil Potential for mobility in soil is very high (Koc between 0 and 50). Partition coefficient (Koc): 14 Estimated. Page 6 of 8 13. DISPOSAL CONSIDERATIONS Disposal methods: DO NOT DUMP INTO ANY SEWERS, ON THE GROUND, OR INTO ANY BODY OF WATER. All disposal practices must be in compliance with all Federal, State/Provincial and local laws and regulations. Regulations may vary in different locations. Waste characterizations and compliance with applicable laws are the responsibility solely of the waste generator. AS YOUR SUPPLIER, WE HAVE NO CONTROL OVER THE MANAGEMENT PRACTICES OR MANUFACTURING PROCESSES OF PARTIES HANDLING OR USING THIS MATERIAL. THE INFORMATION PRESENTED HERE PERTAINS ONLY TO THE PRODUCT AS SHIPPED IN ITS INTENDED CONDITION AS DESCRIBED IN MSDS SECTION: Composition Information. FOR UNUSED & UNCONTAMINATED PRODUCT, the preferred options include sending to a licensed, permitted: Recycler. 14. TRANSPORTATION INFORMATION DOT Proper shipping name Sodium hydroxide solution UN number UN 1824 Class 8 Packing group II Reportable Quantity Sodium hydroxide Classification for SEA transport (IMO-IMDG): Proper shipping name SODIUM HYDROXIDE SOLUTION UN number UN 1824 Class 8 Packing group II Marine pollutant No Transport in bulk according to Annex I or II of MARPOL 73/78 and the IBC or IGC Code Consult IMO regulations before transporting ocean bulk Classification for AIR transport (IATA/ICAO): Proper shipping name Sodium hydroxide solution UN number UN 1824 Class 8 Packing group II This information is not intended to convey all specific regulatory or operational requirements/information relating to this product. Transportation classifications may vary by container volume and may be influenced by regional or country variations in regulations. Additional transportation system information can be obtained through an authorized sales or customer service representative. It is the responsibility of the transporting organization to follow all applicable laws, regulations and rules relating to the transportation of the material. 15. REGULATORY INFORMATION Superfund Amendments and Reauthorization Act of 1986 Title III (Emergency Planning and Community Right-to- Know Act of 1986) Sections 311 and 312 Corrosive to metals Skin corrosion or irritation Serious eye damage or eye irritation Superfund Amendments and Reauthorization Act of 1986 Title III (Emergency Planning and Community Right-to- Know Act of 1986) Section 313 This material does not contain any chemical components with known CAS numbers that exceed the threshold (De Minimis) reporting levels established by SARA Title III, Section 313. Pennsylvania Worker and Community Right-To-Know Act: To the best of our knowledge, this product does not contain chemicals at levels which require reporting under this statute. Page 7 of 8 California Prop. 65 This product does not contain any chemicals known to State of California to cause cancer, birth defects, or any other reproductive harm. United States TSCA Inventory (TSCA) All components of this product are in compliance with the inventory listing requirements of the U.S. Toxic Substances Control Act (TSCA) Chemical Substance Inventory. 16. OTHER INFORMATION Product Literature Additional information on this product may be obtained by calling your sales or customer service contact. Hazard Rating System HMIS Health 3 Flammability 0 Physical Hazard 2 ACGIH: USA ACGIH Threshold Limit Values (TLV) C: Ceiling limit OSHA P0: USA. OSHA - TABLE Z-1 Limits for Air Contaminants - 1910.1000 OSHA Z-1: USA. Occupational Exposure Limits (OSHA) - Table Z-1 Limits for Air Contaminants TWA: 8-hour time weighted average Full text of other abbreviations AICS - Australian Inventory of Chemical Substances; ASTM - American Society for the Testing of Materials; bw - Body weight; CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act; CMR - Carcinogen, Mutagen or Reproductive Toxicant; DIN - Standard of the German Institute for Standardisation; DOT - Department of Transportation; DSL - Domestic Substances List (Canada); ECx - Concentration associated with x% response; EHS - Extremely Hazardous Substance; ELx - Loading rate associated with x% response; EmS - Emergency Schedule; ENCS - Existing and New Chemical Substances (Japan); ErCx - Concentration associated with x% growth rate response; ERG - Emergency Response Guide; GHS - Globally Harmonized System; GLP - Good Laboratory Practice; HMIS - Hazardous Materials Identification System; IARC - International Agency for Research on Cancer; IATA - International Air Transport Association; IBC - International Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk; IC50 - Half maximal inhibitory concentration; ICAO - International Civil Aviation Organization; IECSC - Inventory of Existing Chemical Substances in China; IMDG - International Maritime Dangerous Goods; IMO - International Maritime Organization; ISHL - Industrial Safety and Health Law (Japan); ISO - International Organisation for Standardization; KECI -Korea Existing Chemicals Inventory; LC50 - Lethal Concentration to 50 % of a test population; LD50 - Lethal Dose to 50% of a test population (Median Lethal Dose); MARPOL - International Convention for the Prevention of Pollution from Ships; MSHA - Mine Safety and Health Administration; n.o.s. - Not Otherwise Specified; NFPA - National Fire Protection Association; NO(A)EC - No Observed (Adverse) Effect Concentration; NO(A)EL - No Observed (Adverse) Effect Level; NOELR - No Observable Effect Loading Rate; NTP - National Toxicology Program; NZIoC - New Zealand Inventory of Chemicals; OECD - Organization for Economic Co-operation and Development; OPPTS - Office of Chemical Safety and Pollution Prevention; PBT - Persistent, Bioaccumulative and Toxic substance; PICCS - Philippines Inventory of Chemicals and Chemical Substances; (Q)SAR - (Quantitative) Structure Activity Relationship; RCRA - Resource Conservation and Recovery Act; REACH - Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals; RQ - Reportable Quantity; SADT - Self-Accelerating Decomposition Temperature; SARA - Superfund Amendments and Reauthorization Act; SDS - Safety Data Sheet; TCSI - Taiwan Chemical Substance Inventory; TSCA - Toxic Substances Control Act (United States); UN - United Nations; UNRTDG - United Nations Recommendations on the Transport of Dangerous Goods; vPvB - Very Persistent and Very Bioaccumulative Information Source and References This SDS is prepared by Product Regulatory Services and Hazard Communications Groups from information supplied by internal references within our company. Information Source and References This SDS is prepared by Product Regulatory Services and Hazard Communications Groups from information supplied by internal references within our company. Page 8 of 8 SAFETY DATA SHEET Prepared to U.S. OSHA, CMA, ANSI and Canadian WHMIS Standards Northstar Chemical, Inc. Sodium Bisulfite, Solution (5% - 40%) SDS No: 910-940 Revision Date: 1/13/2020 1. CHEMICAL PRODUCT AND COMPANY IDENTIFICATION TRADE NAME (AS LABELED): Sodium Bisulfite Solution (5% - 40%) CHEMICAL NAME/CLASS: Sodium Bisulfite Solution, Sodium Hydrogen Sulfite Solution PRODUCT USE: Food and pharmaceutical preservative, waste water dechlorination agent, laboratory reagent, reducing agent, dietary supplement, and color preservative SUPPLIER/MANUFACTURER'S NAME: Northstar Chemical, Inc. ADDRESS: Corporate Office 14200 S.W. Tualatin-Sherwood Rd. Sherwood, OR 97140 BUSINESS PHONE: 888-793-9476 EMERGENCY PHONE: CHEMTREC: 800-424-9300 DATE OF PREPARATION: January 27, 2015 Si usted no entiende las Hojas de Informacion de Seguridad sobre Materials, busque a alguien para que se la explique a usted en detalle. (If you do not understand the Safety Data Sheet, find someone to explain it to you in detail.) 2. HAZARD IDENTIFICATION Emergency Overview Target Organs: Respiratory system, eyes, skin GHS Classification: Acute Toxicity, Oral (Category 4) Acute Toxicity, Dermal (Category 5) Serious Eye Irritant (Category 2A) THIS MATERIAL IS HAZARDOUS AS DEFINED BY 49 CFR 172.101 BY THE U.S. DEPARTMENT OF TRANSPORTATION. LABEL ELEMENTS: Signal Word: Warning Corrosive Irritant Page | 1 Hazard Statements: H302 Harmful if swallowed H313 May be harmful to skin H319 Causes serious eye irritation Precautionary P280 Wear protective equipment for hands, eyes, face and respiratory tract Statements: P305, P351 and P338 IF IN EYES: Rinse with water for several minutes. Remove contact lenses if present and continue rinsing. Other Hazards: Contact with acids liberates toxic sulfur dioxide gas. HMIS Classification: Health Hazard 2 Flammability 0 Physical 0 NFPA Rating: Health Hazard 2 Fire 0 Reactivity 0 Potential Health Inhalation: Irritant to respiratory tract Effects: Eye: Irritant Skin: Irritant Ingestion: Harmful if swallowed Aggravated Medical Condition: Capable of provoking bronchospasm in sulfite sensitive individuals with asthma. 3. COMPOSITION / INFORMATION ON INGREDIENTS Components CAS Number Concentration Water 7732-18-5 60-95 % Sodium bisulfite 7631-90-5 40-5 % Sodium Sulfite 7757-83-7 < 1% Sodium Sulfate 7757-82-6 < 1% 4. FIRST-AID MEASURES Exposure Route Symptom Sore throat, shortness of Remove from exposure to Treatment Inhalation: breath coughing, and fresh air. Seek medical congestion. attention in severe cases or if recovery is not rapid. Eye Contact: Irritation to eyes and mucous Irrigate with water until no membranes. evidence of chemical remains. Obtain medical attention. Skin Contact: Irritation, itching, dermatitis Wash with soap and drench with water. Remove contaminated clothing and wash before reuse. Ingestion: Irritation to mucous Give large quantities of water membranes. or milk immediately. Obtain medical attention. Seek appropriate medical attention and provide this SDS to attending doctor Note to physician: Exposure may aggravate acute or chronic asthma, emphysema and bronchitis. Page | 2 5. FIRE-FIGHTING MEASURES Flash Point: Not combustible. Flash Point Method: Not Applicable. Burning Rate: Not Applicable. Auto Ignition Temperature: Not Applicable. LEL: Not Applicable. UEL: Not Applicable. Flammability Classification: Not Flammable. Extinguishing Media: Use extinguishing agent appropriate for surrounding fire conditions. Unusual Fire or Explosion Hazards: None indicated. Hazardous Combustion Product: May release hazardous gas. Fire-Fighting Instructions: Do not release runoff from fire control methods to sewers or waterways. Fire-Fighting Equipment: Because fire may produce toxic thermal decomposition products, wear a self-contained breathing apparatus (SCBA) with a full-face piece operated in pressure-demand or positive- pressure mode. 6. ACCIDENTAL RELEASE MEASURES Spill / Leak Procedures: Wear appropriate PPE - See Section 8. Small Spills / Leaks: Spills can be neutralized with an alkaline material such as caustic soda. Leaks may be located by spraying the area with ammonium hydroxide solution which forms a white fume in the presence of sulfur dioxide. Large Spills / Leaks: Large spills should be handled according to a predetermined plan. Containment: For large spills, dike far ahead of contaminated runoff for later disposal. 7. HANDLING and STORAGE Handling Precautions: Avoid contact with product. Do not breathe dust or vapor. Storage Requirements: Store in areas, away from heat and moisture and protect from physical damage. Segregate from acids and oxidizers. 8. EXPOSURE CONTROLS - PERSONAL PROTECTION Component: Sodium Bisulfite CAS Number: 007631-90-5 ACGIH (TLV) TWA: 5 mg/m3 OSHA (PEL) TWA: 5 mg/m3 NIOSH (REL) TWA: 5 mg/m3 IDLH None established IDLH - Immediately Dangerous to Life or Health PEL Permissible Exposure Limit REL Recommended Exposure Limit TLV Threshold Limit Value ACGIH American Conference of Governmental Industrial Hygienists TWA Time Weighted Average based on 8 hour exposure days and a 40 hour week. Ventilation: Provide general or local exhaust ventilation systems to maintain airborne concentrations below OSHA limits (Sec. 2). Local exhaust ventilation is preferred because it prevents contaminant dispersion into the work area by controlling it at the source. Respiratory Protection: Follow OSHA respirator regulations (29 CFR 1910.134) and, if necessary, wear a MSHA/NIOSH-approved respirator. Select respirator based on its suitability to provide adequate worker protection for given working conditions, level of airborne contamination, and presence of sufficient oxygen. For emergency or non- routine operations (cleaning spills, reactor vessels, or storage tanks), wear a SCBA. Warning! Air purifying respirators do not protect workers in oxygen-deficient atmospheres. Page | 3 Protective Clothing / Equipment: Wear protective gloves, boots, and clothing when necessary to prevent excessive skin contact. Wear protective eyeglasses or goggles, per OSHA eye-and face-protection regulations (29 CFR 1910.133). Safety Stations: Make emergency eyewash stations, showers, and washing facilities available in the work area. Contaminated Equipment: Remove this material from personal protective equipment as needed. Do not eat, drink, or smoke in work areas. Practice good personal hygiene after using this material, especially before food or beverage consumption. 9. PHYSICAL and CHEMICAL PROPERTIES Physical State: Liquid Water Solubility: NA Appearance: Yellow Other Solubility: NA Odor Threshold: Pungent SO2 odor Boiling Point: 205 oF Vapor Pressure: NA Freezing Point: 26 oF Vapor Density (Air=1): NA Melting Point: Formula Weight: 105 Evaporation Rate: Normal. Density: NA pH: 3.3 4.0 Specific Gravity (H2O=1): 1.036 - 1.40 % Volatile: NA 10. STABILITY and REACTIVITY Stability: Stable under normal conditions. Polymerization: Hazardous polymerization will not occur. Chemical Incompatibilities: Sodium Bisulfite Solutions may release toxic and hazardous fumes of sulfur oxides, including sulfur dioxide. Acute poisoning from sulfur dioxide is rare because the gas is easily detected. It is so irritating that contact cannot be tolerated. Symptoms include coughing, hoarseness, sneezing, tearing, and breathing difficulty. However, workers who cannot escape high accidental exposure may suffer severe pulmonary damage which can be fatal. Contact with powdered potassium, sodium metals, alkali, and oxidizing agents produce violent reactions. Reacts with water and steam to form corrosive sulfurous acid. Reacts with chlorates to form unstable chlorine dioxide. Conditions to Avoid: Avoid excessive heat, or open flame. Hazardous Decomposition May release hazardous sulfur dioxide gas 11. TOXICOLOGICAL INFORMATION Eye Effects (rabbit): Not available. Acute Inhalation Effects (rat): Not available. Skin Effects (rabbit): Not available. Acute Oral Effects (rat): LD50 = 2,000 mg/kg Carcinogenicity: IARC, NTP, and OSHA do not list Sodium Bisulfite as a carcinogen. Chronic Effects: Prolonged or repeated exposure may cause dermatitis, and sensitization reactions. Exposure to asthmatic, atopic and sulfite sensitive individuals may result in severe bronchioconstriction and reduced levels in forced expiratory volume. Decomposition of sodium bisulfite solutions may release toxic and hazardous fumes of sulfur oxides, including sulfur dioxide, which may cause permanent pulmonary impairments from acute and chronic exposure. The Immediately Dangerous to Life or Health (IDLH) level for SO2 is 100 ppm. Aquatic Toxicity: The toxicity threshold of Sodium Bisulfite (100 hr. at 23 degrees Celsius) to Daphnia Magna has been reported to be 102 mg/l. In the presence of additional sodium salts, this threshold may be lower. For minnows, exposed for 6 hours to sodium bisulfite solution in distilled water at 19 degrees Celsius it was 60-65 mg/l, and in hard water at 18 degrees Celsius it was 80-85 mg/l. The 24, 48, and 96 hour LC50 value was 240 mg/l for the mosquito-fish (Gambusia affinis in turbid water at 17 - 22 degree Celsius. 12. ECOLOGICAL INFORMATION Ecotoxicity: Sodium Bisulfite is a non hazardous solution commonly used as a waste water dechlorination agent. High concentrations will contribute to elevated chemical oxygen demand in aquatic environments. Environmental Transport: Soluble in water. Environmental Degradation: Rapid biological decomposition. Page | 4 Soil Absorption/Mobility: Slight. 13. DISPOSAL CONSIDERATIONS Disposal: Waste determinations typically consider Sodium Bisulfite contaminated materials to be non-hazardous. Disposal Regulatory Requirements: Follow applicable Federal, state and local regulations. Container Cleaning and Disposal: Follow applicable Federal, state and local regulations. 14. TRANSPORTATION INFORMATION This material is hazardous as defined by 49 CFR 172.101 by the U.S. Department of Transportation. Shipping Name: Bisulfites, aqueous solutions, n.o.s. Technical Name: Sodium Bisulfite Shipping Symbols: Corrosive Hazard Class: 8 - Corrosive Subsidiary Hazard: NA ID No. (Placard): UN2693 Packing Group: lll Label: Required Reportable Quantity: (RQ) 5,000 Lbs 15. REGULATORY INFORMATION EPA Regulations: RCRA Hazardous Waste Classification (40 CFR 261): Not listed. RCRA Hazardous Waste Number (40 CFR 261): Not listed. CERCLA Hazardous Substance (40 CFR 302.4): Listed. CERCLA Reportable Quantity (RQ): 5000 pounds SARA Title III: Not listed. FIFRA: Not regulated. TSCA: Inventory listed chemical; PAIR Reportable; Not listed in Toxic Substances Chemical Index 16. OTHER INFORMATION The information herein is believed to be reliable. However, no warranty, expressed or implied, is made as to its accuracy or completeness and none is made as to the fitness of this material for any purpose. The manufacturer shall not be liable for damages to person or property resulting from its use. Nothing herein shall be construed as a recommendation for use in violation of any patent. Page | 5 AGENDA BILL CITY OF BREMERTON CITY COUNCIL A7 SUBJECT: Contract Modification Study Session Date: November 10, 2021 Agreement No. 3 to the Professional COUNCIL MEETING Date: November 17, 2021 Services Agreement with the Johnston Department: PW&U Group for Federal Legislative/Agency Presenter: Tom Knuckey Representation Services Phone: (360) 473-2376 SUMMARY: In January 2019 the City executed a Professional Services Agreement with the Johnston Group to assist with federal lobbying and to help build collaborative working relationships with federal agencies and legislators. In 2019, they facilitated a series of meetings between the City and our congressional delegation, and also assisted in coordinating meetings with the Office of Economic Adjustment (OEA), setting the stage for $690K in grant funds for the $750K Joint Compatibility Transportation Plan. Work by Johnston in 2020 and 2021 focused on assisting the City in securing the OEA grant, along with revising DCIP evaluation criteria, pursuit of the STP program enhancements. 2022 work includes continued support in securing federal funding portunities through the Defense Communities Infrastructure Program, securing a second round of ARPA funds, COVID-19 relief fund and economic development programs; and finally pushing forward supportive policy changes in the areas of transportation, infrastructure and defense. ATTACHMENTS: 1) Contract Modification Agreement No. 3 to PSA with the Johnston Group; 2) Exhibit A (November 2021) which includes Summary of 2021 Accomplishments and 2022 Scope of Work FISCAL IMPACTS (Include Budgeted Amount): This contract is $5,000 per month except for travel expenses, which will be reimbursed to the Johnston Group based on actual expenses in 22 expense budget. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve Contract Modification Agreement No. 3 to the Professional Services Agreement with the Johnston Group for Federal Legislative/Agency Representation Services; 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 CONTRACT MODIFICATION AGREEMENT NO. 3 BETWEEN THE CITY OF BREMERTON AND THE JOHNSTON GROUP PROJECT: Federal Legislative/Agency Representation Services CONSULTANT: The Johnston Group THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE Professional Services Agreement (the "Contract") entered into between the City of Bremerton and the Johnston Group on January 10, 2019 and as amended December 16, 2020. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I. Scope , is modified as follows: Exhibit A is replaced with updated Exhibit A (November 2021); attached to this Contract Modification. Section II. Term , is modified as follows: The Consultant shall complete the work described in this Contract Modification Agreement by December 31, 2022. Section III. Compensation , is modified as follows: The City shall pay the Consultant for the additional work in Exhibit A described above, based on time and materials, an amount for calendar year 2022 not to exceed $60,000. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost performance. The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. Page 1 of 2 Contract Modification Rev. 10/2019 This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. Public Works Director approved to process _________________________ (Initials and Date) CONSULTANT THE CITY OF BREMERTON By: By: Print Name: Print Name: Its: Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: KYLIE J. 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The City recently received our formal contract agreement from Commerce for these funds and now the City Council must formally approve the grant acceptance. There are no local match requirements for these funds, and the purpose of this money is to support rental assistance for Bremerton households. The City proposes to contract with Bremerton Housing Authority (BHA) to provide rental assistance to households who need rental assistance as a result of the COVID-19 pandemic. Attached to this agenda bill is also a contract with BHA that allows us to meet our grant agreement requirements from Commerce. ATTACHMENTS: 1. Contract between the Washington State Department of Commerce and the City of Bremerton for the CDBG CV2 grant award. 2. Contract between the City of Bremerton and Bremerton Housing Authority for rental assistance in the amount of $87,750 (the amount of the CDBG CV2 grant award) FISCAL IMPACTS (Include Budgeted Amount): None. The City was awarded $87,750 from the Washington State Department of Commerce for its CDBG CV2 program. The City will serve as a pass-through to reimburse expenditures incurred by the Bremerton Housing Authority for eligible rental assistance expenses. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to accept the CDBG CV2 grant award from the Washington State Department of Commerce; and approve the Subrecipient Agreement and Scope of Work for CDBG-CV2 Rental Assistance Program with Bremerton Housing Authority in the amount of $87,750; and authorize the Mayor to finalize and execute the agreements with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 Interagency Grant Agreement with City of Bremerton through Community Development Block Grant Program CDBG Coronavirus (CDBG-CV2) For Activities to prevent, prepare for, and respond to coronavirus in partnership with local service providers. Start date: 4/1/2021 TABLE OF CONTENTS Special Terms and Conditions 1. Definitions .............................................................................................................. 1 2. Authority ................................................................................................................. 1 3. 4. Acquisition And Disposition Of Assets ................................................................... 1 5. Audit ....................................................................................................................... 2 6. Billing Procedures and Payment ............................................................................ 2 7. Closeout ................................................................................................................. 3 8. Compensation ........................................................................................................ 3 9. Debarment ............................................................................................................. 3 10. Environmental Review ........................................................................................... 4 11. 12. Grant Management ................................................................................................ 5 13. Historical Or Cultural Artifacts, Human Remains ................................................... 5 14. Insurance ............................................................................................................... 5 15. Laws ....................................................................................................................... 5 16. Performance Reporting .......................................................................................... 5 17. Program Income ..................................................................................................... 5 18. Prohibition on Certain Funds Transfers ................................................................. 6 19. Subcontractor Data Collection ............................................................................... 6 20. Subcontracts for Engineering Services .................................................................. 6 21. Order of Precedence .............................................................................................. 6 General Terms and Conditions 1. Definitions .............................................................................................................. 7 2. All Writings Contained Herein ................................................................................ 7 3. Amendments .......................................................................................................... 7 4. Assignment ............................................................................................................ 7 5. Confidentiality and Safeguarding of Information.................................................... 7 6. Copyright................................................................................................................ 8 7. Disputes ................................................................................................................. 8 8. Governing Law and Venue .................................................................................... 8 9. Indemnification ....................................................................................................... 8 10. Licensing, Accreditation and Registration ............................................................. 8 11. Recapture .............................................................................................................. 9 12. Records Maintenance ............................................................................................ 9 13. Savings .................................................................................................................. 9 14. Severability ............................................................................................................ 9 15. Subcontracting ....................................................................................................... 9 16. Survival ................................................................................................................ 10 17. Termination for Cause ......................................................................................... 10 18. Termination for Convenience............................................................................... 10 19. Termination Procedures ...................................................................................... 10 20. Treatment of Assets ............................................................................................. 11 21. Waiver .................................................................................................................. 11 Attachment A, Scope of Work and Budget Attachment B, Letter to Incur Costs ii FACESHEET Contract Number: 20-6221C-147 Washington State Department of Commerce Local Government Division Community Assistance and Research Unit CDBG Coronavirus (CDBG-CV2) 1. Grantee 2. Grantee Doing Business As (optional) City of Bremerton N/A 345 6th Street Suite 100 Bremerton, WA 98337 3. Grantee Representative 4. COMMERCE Representative Sarah Achaoui, CDBG Administrator Jennifer Lewis, Project Manager Address: Phone: 360-473-5375 Phone: (360) 890-1048 PO Box 42525 Email: sarah.achaoui@ci.bremerton.wa.us Fax: (360) 586-8440 1011 Plum Street SE eric.guida@commerce.wa.gov Olympia, WA 98504 5. Grant Amount 6. Funding Source 7. Start Date 8. End Date $87,750 Federal: State: Other: N/A: 4/1/2021 6/30/2023 9. Federal Funds (as applicable)Federal Agency: CFDA Number: Indirect Rate (if applicable): U.S. Department of Housing $87,750 14.228 N/A And Urban Development (HUD) 10. Tax ID # 11. SWV # 12. UBI # 13. DUNS # 91-6001231 SWV0000221-00 181002539 556846970 14. Grant Purpose Activities to prevent, prepare for, and respond to coronavirus in partnership with local service providers. A full description of the 15. Signing Statement COMMERCE, defined as the Department of Commerce, and the Grantee, as defined above, acknowledge and accept the terms of this Grant and Attachments and have executed this Grant on the date below to start as of the date and year referenced above and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Grant are governed by this Grant Scope of Work and Budg Letter to Incur Costs (if applicable), and the following documents incorporated herein by Commerce. FOR GRANTEE FOR COMMERCE The Honorable Mayor Greg Wheeler, Mayor Mark K. Barkley, Assistant Director City of Bremerton Local Government Division Date Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL 07/17/2019. APPROVAL ON FILE. iii SPECIAL TERMS AND CONDITIONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS 1. DEFINITIONS A. Community Development Block Grant (CDBG) rules and regulations, shall mean the same. B. Community Development Block Grant Coronavirus Response (CDBG-CV) grants are funded by the Coronavirus Aid, Relief, and Economic Security (CARES) Act. C. - and moderate- area median income adjusted by family size. D. "Subgrantee/Subcontract" shall mean one not in the employment of the Grantee, who is performing all or part of those services under this Grant under a separate Grant with the Grantee. in any tier. E. -federal entity that expends federal awards received from a pass- through entity to carry out a federal program, but does not include an individual that is a beneficiary of such a program. It also excludes vendors that receive federal funds in exchange for goods and/or services in the course of normal trade or commerce. 2. AUTHORITY COMMERCE and Grantee enter into this Grant pursuant to the authority granted by the Interlocal Cooperation Act, Chapter 39.34 RCW. 3. ACKNOWLEDGMENT OF FEDERAL FUNDS Federal Award Date: February 11, 2021 Federal Award Identification Number (FAIN): B-20-DW-53-0001 Total amount of the federal award: $38,217,218 Awarding official: John W. Peters, HUD CPD Director The Grantee agrees that any publications (written, visual, or sound) but excluding press releases, newsletters, and issue analyses, issued by the Grantee describing programs or projects funded in whole or in part with federal funds under this Contract, shall contain the following statements: ant No. B-20-DW-53-0001 awarded by the U.S. Department of Housing and Urban Development (HUD). Points of view in this document are those of the author and do not necessarily represent the official position or policies of HUD. Grant funds are administered by the Community Development Block Grant Program, . 4. ACQUISITION AND DISPOSITION OF ASSETS The Grantee will account for any tangible personal property acquired or improved with this Grant. The use and disposition of real property and equipment under this Grant will be in compliance with the requirements of all applicable federal law and regulation, including but not limited to 24 CFR Part 84 and 24 CFR Part 570.489,570.502,570.503,570.504, and 570.505 as applicable, which include but are not limited to the following: Real property that was acquired or improved, in whole or in part, with funds under this Grant in excess of $25,000 shall be used to meet one of the CDBG national objectives for ten (10) years after the Grant is closed. Any exception must be made with COMMERCE approval and the Grantee will be responsible to pay COMMERCE an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment from the disposition of real property acquired with this Grant within ten (10) years of closeout of the Grant shall be treated as CDBG Program Income. In cases in which equipment acquired in whole or in part with funds under this Grant is sold, the proceeds will be CDBG Program Income. State of Washington Interagency Grant Agreement Department of Commerce Page 1 SPECIAL TERMS AND CONDITIONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS 5. AUDIT If the Grantee is a subrecipient and expends $750,000 or more in federal awards from any and/or all sources in any fiscal year, the Grantee shall procure and pay for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit, the Grantee shall: 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 Grantee is a subrecipient and expends less than $750,000 in federal awards from any and/or all sources in any fiscal year, the Grantee shall notify COMMERCE they did not meet the single audit requirement. The Grantee shall send all single audit documentation to auditreview@commerce.wa.gov. 6. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Grantee upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE Representative on a Washington State Invoice Voucher form not more often than monthly. The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Contract Number identified on the Face Sheet of this Grant. If expenses are invoiced, provide a detailed breakdown of each type. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Grantee. COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of this Grant, including completion of the Environmental Review and the release of funds (if applicable). No payments in advance or in anticipation of services or supplies to be provided under this Grant shall be made by COMMERCE. COMMERCE shall not release the final five (5) percent of the total grant amount until acceptance by COMMERCE of project completion. Invoices and End of Fiscal Year The grantee must invoice end of state fiscal year final invoices for all expenses from the beginning of the contract through June 30, regardless of the contract start and end date. Commerce will provide notification of the end of fiscal year due date. Duplication of Billed Costs The Grantee shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Grantee, if the Grantee is entitled to payment or has been or will be paid by any other source, including grants, for that service. Prevent Duplication of Benefit The CARES Act provides that there are adequate procedures in place to prevent any duplication of benefit as required by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155), as amended by section 1210 of the Disaster Recovery Reform Act of 2018 (division D of Public Law 115254; 132 Stat. 3442). HUD requires each Grantee (and subrecipient) have procedures to prevent the duplication of benefits when it provides financial assistance with CDBG- CV funds. Federal disaster law prohibits the provision of federal assistance in excess of need. Before paying a cost with federal disaster assistance, the Grantee (and subrecipient) must check to see that the assistance will not cause a duplication of benefits, meaning that the cost has not or will not be paid State of Washington Interagency Grant Agreement Department of Commerce Page 2 SPECIAL TERMS AND CONDITIONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS by another source. Any person or entity (including subrecepients) receiving CDBG-CV assistance must agree to repay assistance that is determined to be duplicative; and to assess whether the use of CDBG- CV funds will duplicate financial assistance already received or is likely to be received by acting reasonably, Grantees (and subrecepients) must have a method to evaluate need and the resources available to meet that need. Disallowed Costs The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors/subrecipient. 7. CLOSEOUT COMMERCE will advise the Grantee to initiate closeout procedures when there are no impediments to closing and the following criteria have been met or soon will be met: A. All costs have been incurred with the exception of closeout costs and any unsettled third-party claims against the Grantee. Costs are incurred when goods and services are received or contract work is performed. B. The Grantee has held a public hearing to review program performance. C. The Grantee has submitted the Contract Closeout Report. Failure to submit a report will not preclude COMMERCE from effecting closeout if it is deemed to be in the state's interest. Any or update the report. D. Other responsibilities of the Grantee under this Grant and applicable laws and regulations appear to have been carried out satisfactorily or there is no further state interest in keeping this Grant open for the purpose of securing performance. 8. COMPENSATION COMMERCE shall pay an amount not to exceed the amount identified on the Face Sheet of this Grant for the performance of all things necessary for or incidental to the performance of work as set forth in Attachment A, Scope of Work application for funding. Grantee shall receive reimbursement for travel and other expenses as authorized in advance by COMMERCE as reimbursable. Grantee shall receive compensation for travel expenses at current state travel reimbursement rates 9. DEBARMENT A. Grantee, 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, and declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. ii. Have not within a three-year period preceding this Grant, 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 Grant had one or more public transactions (Federal, State, or local) terminated for cause of default. State of Washington Interagency Grant Agreement Department of Commerce Page 3 SPECIAL TERMS AND CONDITIONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS B. Where the Grantee is unable to certify to any of the statements in this Grant, the Grantee shall attach an explanation to this Grant. C. The Grantee agrees by signing this Grant 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. Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered ication, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS a. The lower tier Grantee certifies, by signing this Grant 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. b. Where the lower tier Grantee is unable to certify to any of the statements in this Grant, such contractor shall attach an explanation to this Grant. 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. ENVIRONMENTAL REVIEW General Purpose, Housing Enhancement, and Economic Opportunity Grants Funding in excess of the amount stipulated in Attachment B, Letter to Incur Costs, shall not be released to a Grantee by COMMERCE until the following conditions implementing 24 CFR part 58 are met: A. The Grantee must complete an environmental review of the project and make a finding of environmental impact. A notice of this finding must be published along with a notice of the Grantee's intent to request release of funds for the project unless the project is exempt from the publication requirements as described. The Grantee must allow a seven (7) or fifteen (15) day period for public review and comment following publication of the notices unless exempt under the National Environmental Policy Act (NEPA) and the Washington State Environmental Policy Act (SEPA). When this review and comment period expires, the Grantee may, after considering any comments received, submit a request for release of funds to COMMERCE. Upon receipt of the request, COMMERCE must allow a fifteen (15) day period for public review and comment. When COMMERCE's public review and comment period expires, COMMERCE may, after considering any comments received, formally notify the Grantee in writing of the release of federal funds for the project. B. This special condition is satisfied when the Grantee completes the environmental review and request for release of funds from COMMERCE. The special condition is effectively removed on the date COMMERCE provides the Grantee with written notice of release of funds. Microenterprise Assistance, Planning-Only and Public Services Activities Funding shall not be released to a Planning-Only Activities or Public Services Activities recipient until the following conditions are met: The Grantee assures that assisted activities are exempt under NEPA (24 CFR 58.34) and categorically exempt under SEPA (RCW 43.21C.110). The Grantee further assures that the activities do not come under the purview of any other federal, state, and known local environmental laws, statutes, regulations or executive orders. In addition, the Grantee assures it will document, in writing, its determination that each activity or project is exempt and meets the conditions specified for such exemption under NEPA (24 CFR 58.34(3)) (for Planning-Only) or 58.34(4) (for Public Services) and (SEPA) WAC 197-11-800. State of Washington Interagency Grant Agreement Department of Commerce Page 4 SPECIAL TERMS AND CONDITIONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS 11. INDIRECT COSTS The Grantee 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. 12. GRANT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Grant. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Grant. The Representative for the Grantee and their contact information are identified on the Face Sheet of this Grant. 13. HISTORICAL OR CULTURAL ARTIFACTS, HUMAN REMAINS In the event that historical or cultural artifacts are discovered at the project site during construction or rehabilitation, the Grantee shall immediately stop construction and notify the local historical preservation officer and the state historic preservation officer at the Department of Archaeology and Historic Preservation (DAHP) at (360) 586-3065. If human remains are discovered, the Grantee shall stop work, report the presence and location of the remains to the coroner and local law enforcement immediately, 14. INSURANCE Each party certifies that it is self-insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. 15. LAWS The Grantee shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state, and federal governments, as now or hereafter amended, including, Housing and Community Development (HCD) Act of 1974. CDBG regulations in 24 CFR Part 570. 2 CFR 200. Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law PL 116-136. Notice of Program Rules, Waivers, and Alternative Requirements Under the CARES Act for Community Development Block Grant Program Coronavirus Response Grant, Fiscal Year 2019 and 2020 Community Development Block Grants, and for other Formula Programs, Docket No. FR-6218-N-01. 16. PERFORMANCE REPORTING The Grantee, at such times and in such forms as COMMERCE may require, shall furnish periodic progress and performance reports pertaining to the activities undertaken pursuant to this Grant. These reports may include environmental review records, publication affidavits, procurement and contracting records, documentation of compliance with federal civil rights requirements, job creation records, program income reports, reports of the costs and obligations incurred in connection therewith, the final closeout report, and any other matters covered by this Grant. Activities funded by this Grant providing income-qualified direct assistance or direct services under the limited clientele, housing, or job creation CDBG National Objectives, must submit quarterly beneficiary reports as furnished by COMMERCE. Failure to submit these reports may result in COMMERCE withholding payment or terminating this Grant. 17. PROGRAM INCOME Program income, as defined in 24 CFR 570.489(e), retains federal identity and will be used in accordance with CDBG-CV requirements. The Grantee must maintain records of program income received and expended, and annually report program income received after closeout of this Grant. State of Washington Interagency Grant Agreement Department of Commerce Page 5 SPECIAL TERMS AND CONDITIONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS Program Income shall be used to continue the same activities to benefit low- and moderate-income persons or, with COMMERCE approval, for other activities to benefit low- and moderate-income persons. Interest earned in excess of $100 on CDBG funds received to reimburse incurred costs must be remitted to COMMERCE for return to the U.S. Treasury. 18. PROHIBITION ON CERTAIN FUNDS TRANSFERS The Grantee that directly or indirectly receives CDBG-CV funds may not sell, trade, or otherwise transfer all or any such portion of such funds to another such entity in exchange for any other funds, credits or non-Federal consideration, but must use such funds for activities eligible under title I of the HCD Act or permitted by waiver and alternative requirements that apply to the use of CDBG-CV funds. 19. SUBCONTRACTOR DATA COLLECTION Grantee will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Grant performed by subcontractors and the portion of funds expended for work performed by subcontractors, including but not necessarily limited to minority- owned, woman-owned, and veteran-owned business subcontractors. subcontractors of any tier. 20. SUBCONTRACTS FOR ENGINEERING SERVICES Engineering firms must certify that they are authorized to do business in the state of Washington and are in full compliance with the requirements of the Board of Professional Registration. The Grantee shall require that engineering services providers be covered by errors and omissions insurance. The engineering firm shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the engineering firm and licensed staff employed or under contract to the engineering firm. The state of Washington, its agents, officers, and employees need not be named as additional insureds under this policy. 21. ORDER OF PRECEDENCE In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence in the following order: Applicable federal and state of Washington statutes and regulations Special Terms and Conditions General Terms and Conditions Attachment A Scope of Work and Budget Attachment B Letter to Incur Cost, if applicable procedures, prepared by Commerce as incorporated by reference on the Face Sheet State of Washington Interagency Grant Agreement Department of Commerce Page 6 GENERAL TERMS AND CONDITIONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS 1. DEFINITIONS As used throughout this Grant, the following terms shall have the meaning set forth below: A. B. C. Grant written agreement between COMMERCE and the Grantee, including any attachments, documents, or materials incorporated by reference. E-mail or facsimile transmission of a signed copy of this Grant shall be the same as delivery of an original. D. "Grantee" shall mean the entity identified on the face sheet performing service(s) under this Grant, and shall include all employees and agents of the Grantee. E. to, inform of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. G. "Subgrantee/Subcontract" shall mean one not in the employment of the Grant, who is performing all or part of those services under this Grant under a separate Grant with the Contractor. The terms subgrantee 2. ALL WRITINGS CONTAINED HEREIN This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Grant may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Grant, work thereunder, nor any claim arising under this Grant, shall be transferred or assigned by the Grantee without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. i. All material provided to the Grantee by CO COMMERCE; ii. All material produced by the Grantee iii. All personal information in the possession of the Grantee that may not be disclosed under state or federal law. B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Grantee shall use Confidential Information solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Grantee shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Grantee shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Grant whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The State of Washington Interagency Grant Agreement Department of Commerce Page 7 GENERAL TERMS AND CONDITIONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS Grantee shall make the changes within the time period specified by COMMERCE. Upon request, the Grantee shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Grantee against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Grantee shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Grant shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event under the U.S. Copyright laws, the Grantee hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, to transfer these rights. For Materials that are delivered under the Grant, but that incorporate pre-existing materials not produced under the Grant, the Grantee hereby grants to COMMERCE a nonexclusive, royalty-free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Grantee warrants and represents that the Grantee has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Grantee shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Grantee, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Grant. The Grantee shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Grantee with respect to any Materials delivered under this Grant. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Grantee. 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 Grant 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. 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. 10. LICENSING, ACCREDITATION AND REGISTRATION The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Grant. State of Washington Interagency Grant Agreement Department of Commerce Page 8 GENERAL TERMS AND CONDITIONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS 11. RECAPTURE In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Grantee of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Grantee. 12. RECORDS MAINTENANCE The Grantee shall maintain books, records, documents, data and other evidence relating to this Grant and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grantee. The Grantee 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 Grant, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 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 Grant and prior to normal completion, COMMERCE may suspend or terminate the Grant under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Grant. 15. SUBGRANTING/SUBCONTRACTING The Grantee may only subcontract work contemplated under this Grant if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Grantee 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 Grantee to amend its subcontracting procedures as they relate to this Grant; (b) prohibit the Grantee from subcontracting with a particular person or entity; or (c) require the Grantee to rescind or amend a subcontract. Every subcontract shall bind the Subgrantee to follow all applicable terms of this Grant. The Grantee is responsible to COMMERCE if the Subgrantee fails to comply with any applicable term or condition of this Grant. The Grantee shall appropriately monitor the activities of the Subgrantee to assure fiscal conditions of this grant. In no event shall the existence of a subcontract operate to release or reduce the liability of the Grantee to COMMERCE for any breach in the performance of the duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subgrantees performance of the subcontract. State of Washington Interagency Grant Agreement Department of Commerce Page 9 GENERAL TERMS AND CONDITIONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS 16. SURVIVAL The terms, conditions, and warranties contained in this Grant that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Grantee shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Grantee has failed to comply with the conditions of this Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before suspending or terminating the Grant, COMMERCE shall notify the Grantee in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be terminated or suspended. In the event of termination or suspension, the Grantee shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Grant and the replacement or cover Grant and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or prohibit the Grantee from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the GRANTEE or a decision by COMMERCE to terminate the grant. A terminatio that the Grantee: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this Grant are not exclusive and are in addition to any other rights and remedies provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this Grant for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this contract, may require the Grantee to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this Grant as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Grantee the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Grantee and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this Grant. COMMERCE may withhold from any amounts due the Grantee such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Grant. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Grantee shall: A. Stop work under the Grant on the date, and to the extent specified, in the notice; B. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Grant that is not terminated; State of Washington Interagency Grant Agreement Department of Commerce Page 10 GENERAL TERMS AND CONDITIONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS 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 Grantee under the orders and subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subgrants/subcontracts; 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 Grant 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 Grant, which is in the possession of the Grantee 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 Grantee, for the cost of which the Grantee is entitled to be reimbursed as a direct item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by the Grantee. Title to other property, the cost of which is reimbursable to the Grantee under this Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this Grant, or (ii) commencement of use of such property in the performance of this Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Grantee shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this Grant. B. The Grantee shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Grantee or which results from the failure on the part of the Grantee to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Grantee shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Grantee shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this Grant. All reference to the Grantee under this clause employees, agents or Subgrantees/Subcontractors. 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 Grant unless stated to be such in writing and signed by Authorized Representative of COMMERCE. State of Washington Interagency Grant Agreement Department of Commerce Page 11 request site monitoring Milestones - Performance By Jan 31, April 30, July 31, Oct 31 on contract execution Attachment A Before first payment ble households within 270 days from First payment request Not more than monthly incomes based on a LMI - and moderate - 147 - ligible costs. clientele with principally low file, and submit a copy to Commerce. Bremerton 6221C - CV - 20 Project Activities SCOPE OF WORK AND BUDGET requirements. Contract No. Grantee: City of does not have an active exclusion record in the federal award system reimbursement requests and project costs and invoices against project budget Grant. The city will make all of these funds available Bremerton Housing Authority as a grant Section A: Project Description / Deliverable CV2 - Section B: Project Activities, Milestones and Budget ATTACHMENT A *Must complete each bulleted project activity to meet the corresponding milestone. mit a signed copy to Commerce. CV funded activities will prevent, prepare for, and respond to coronavirus. - $87,750 CDBG Execute grant contract with Commerce.Verify the subrecipient(SAM.gov), include documentation in the CDBGEstablish a subrecipient agreement that includes the quarterly beneficiary reporting requirement. SubEstablish administrative, financial, reporting, and record keeping systems, including a system to prevent duplication of benefit.Review subrecipientand contract start date.Once costs are approved, prepare and submit payment request and project status report to Commerce.Document receipt of grant funds and reimbursement of eSubmit a CDBG Beneficiary Report within 30 days of end of each calendar quarter.Complete applicable civil rights an CDBG Payment requests: $0 funds will result in new and increased CDBG eligible public services for city of Bremerton residents, to help stabilize eligi 19. Budget -Amount Code CDBG Admin. 21A General Budget The city of Bremerton is awarded subrecipient. These impacted by COVID Eligible public services will benefit approximately 34 persons and target services to limitedhousehold qualification process. award CV - LMI persons 6/30/2023 Before audit Milestones by Performance Attachment A 5% of CDBGreceive direct services Before requesting final Approx. 34 eneficiary income persons. - and moderate - application through the Bremerton Housing program. CV - CV - prepare an environmental review record in compliance Project Activities e living environments. - 19 impact verification, prevent duplication of benefits, and b - Contract Closeout Report.event duplication of benefits. CV site monitoring of the subrecipient to verify the grant is used according to CDBG - - expenditures in your annual Schedule of Expenditures of Federal Awards and arrange CV - Section B: Project Activities, Milestones and Budget (continued) *Must complete each bulleted project activity to meet the corresponding milestone. Complete the environmental review and with NEPA requirements for CDBG.Develop and establish CDBGqualification, COVIDreporting requirements.Deliver the direct services identified in the CDBGAuthority.Allocate and manage public services funds as established in the approved subrecipient agreement and budget, and prMeet the CDBG national objective of principally benefiting low Conduct an onrequirements and all costs reimbursed are allowable.Resolve all monitoring issues with state CDBGAccomplish all grant activities.Conduct a final public hearing to review project performance.Submit a CDBGList CDBG $87,750 Budget Amount $87,750 05Q CDBG Services 05 Public Payments Subsistence Budget Code TOTAL: Attachment B STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE PO Box 42525 Olympia, Washington 98504-2525 (360) 725-4000 www.commerce.wa.gov June 22, 2021 The Honorable Greg Wheeler, Mayor City of Bremerton 345 6th Street Suite 100 Bremerton, WA 98312 Dear Mayor Wheeler: I am pleased to inform you that Commerce has awarded the City of Bremerton up to $87,750 in federal Community Development Block Grant - Coronavirus (CDBG-CV) funds. This award is -CV2 application for activities to prevent, prepare for, and respond to coronavirus in partnership with local service providers. Prior to grant contract execution, this letter allows you to begin incurring costs not to exceed ten percent of your award as of April 1, 2021, for only the following activities: Administration including documented staffing, travel and training Pre-application costs, such as public hearing notices and documented staffing and time for CDBG-CV2 consortium communication and application Review of environmental laws and authorities, including Section 106 of the National Historic preservation Act of 1996 Preliminary engineering design work and consultations needed for the environmental review Subrecipient agreements or professional service contracts for any of the above activities A CDBG subrecipient agreement, for use if you pass these funds through to a local entity or service provider to implement the grant, is available in Section 18 of the CDBG Management Handbook, which is available electronically at www.commerce.wa.gov/cdbg and here. CDBG procurement requirements must be followed before hiring professional services or contractors to be funded by this CDBG award. These requirements are in Sections 5 and 7 of the CDBG Management Handbook. Attachment B The Honorable Greg Wheeler June 22, 2021 Page 2 CDBG-specific compliance with the National Environmental Policy Act (NEPA) must be completed before any choice limiting action can occur. These procedures are described in Section 6 of the CDBG Management Handbook. Eligible costs will be reimbursed by Commerce after your grant contract with Commerce is executed and the NEPA environmental review is complete (see enclosure for further explanation). All costs to be reimbursed must comply with applicable state and federal requirements. Additional CDBG-CV2 implementation guidance is available on the CDBG-CV website here and forthcoming. The jurisdiction must have an active and unexpired Dun and Bradstreet Numbering System (DUNS) in the System for Award Management (SAM) to avoid delays in the disbursement of funds. Grantees are required to maintain an active SAM registration for the duration of their contract by re-activating their DUNS number annually at the following website: https://www.sam.gov/SAM/. 90 days from the date of this letter, the CDBG-CV2 award may be rescinded. Your contract manager will be contacting you to develop the grant contract. Until then, if you have any questions, please contact Kaaren Roe at 360.725.3018 or kaaren.roe@commerce.wa.gov. I congratulate you and others for your efforts thus far. We look forward to working with you to address the impacts of COVID-19 in your communities. Sincerely, Mark K. Barkley Assistant Director Enclosure cc: Sarah Achaoui, CDBG Administrator Certificate Of Completion Envelope Id: 76F6F06970244321A2A23B4DF9E7D091Status: Sent Subject: Please DocuSign: City of Bremerton CV2 Division: Local Government Program: CDBG-CV CV2 ContractNumber: 20-6221C-147 City of Bremerton CV2 Source Envelope: Document Pages: 18Signatures: 0Envelope Originator: Certificate Pages: 5Initials: 0Josh Woodson AutoNav: Enabled1011 Plum Street SE EnvelopeId Stamping: EnabledMS 42525 Time Zone: (UTC-08:00) Pacific Time (US & Canada)Olympia, WA 98504-2525 josh.woodson@commerce.wa.gov IP Address: 147.55.149.222 Record Tracking Status: OriginalHolder: Josh WoodsonLocation: DocuSign 10/13/2021 3:33:23 PM josh.woodson@commerce.wa.gov Security Appliance Status: ConnectedPool: StateLocal Storage Appliance Status: ConnectedPool: Washington State Department of CommerceLocation: DocuSign Signer EventsSignatureTimestamp Greg WheelerSent: 10/13/2021 3:48:25 PM Greg.Wheeler@ci.bremerton.wa.usViewed: 10/16/2021 10:03:09 AM Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 10/16/2021 10:03:09 AM ID: cd99b17a-ccfd-49b0-be0f-0e34c9c337ee Tina Hochwender tina.hochwender@commerce.wa.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Tony Hanson tony.hanson@commerce.wa.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Mark Barkley mark.barkley@commerce.wa.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Sarah AchaouiSent: 10/13/2021 3:48:25 PM sarah.achaoui@ci.bremerton.wa.usViewed: 10/14/2021 9:11:03 AM Security Level: Email, Account Authentication (None) Using IP Address: 73.239.157.239 Electronic Record and Signature Disclosure: Accepted: 10/14/2021 9:11:03 AM ID: 461e773b-b772-47ec-9d40-186217f4bc68 Carbon Copy EventsStatusTimestamp Witness EventsSignatureTimestamp Notary EventsSignatureTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted10/13/2021 3:48:25 PM Payment EventsStatusTimestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Washington State Department of Commerce (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. 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By selecting the check- that: You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify Washington State Department of Commerce as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Washington State Department of Commerce during the course of your relationship with Washington State Department of Commerce. SUBRECIPIENT AGREEMENT BETWEEN City of Bremerton AND THE Bremerton Housing Authority This Agreement is made between the City of Bremerton (herein called the Local Government) and Bremerton Housing Authority (herein called Subrecipient) for the COVID-19 Emergency Rental Assistance (herein called the Project). As the Washington State Department of Commerce (Commerce) is authorized by the federal Department of Housing and Urban Development (HUD) to provide funds to units of local government selected to undertake and carry out projects under the Washington State Community Development Block Grant (CDBG) Program in compliance with all applicable local, state, and federal laws, regulations and policies; and As the Local Government has applied for and received a CDBG award, contract number 20-6221C-147, to fund the Project with Federal Award Identification Number B-20-DW-53-0001; and As it benefits the Local Government to engage the Subrecipient to accomplish the Scope of Work and the objectives of the local CDBG project; The parties agree that: 1. SCOPE OF SERVICES A. Local Government Responsibilities The Local Government is responsible for administration of the CDBG contract, and ensuring CDBG funds are used in accordance with all program requirements \[(24 CFR 570.501(b)\] and its CDBG contract with Commerce referenced above. The Local Government will provide such assistance and guidance to the Subrecipient as may be required to accomplish the objectives and conditions set forth in this Agreement. The Local Government is responsible for completing the following tasks to accomplish the objectives of the Project: Principal Tasks Administering Commerce Grant and ensuring contract compliance Monitoring quarterly performance and performance review upon contract completion Paying vouchers submitted from the Bremerton Housing Authority in a timely manner. B. Subrecipient Responsibilities The Subrecipient will complete in a satisfactory and proper manner as determined by the Local Government the following tasks to accomplish the objectives of principally benefiting low- and moderate-income persons. The Subrecipient will periodically meet with the Local Government to review the status of these tasks. Revised 1/25/2021 Page 1 of 13 Principal Tasks Properly conduct intake interviews and collect proper documentation to ensure that the rental assistance provided is COVID-19-related, properly document income requirements and review backup documentation to ensure client eligibility and ensure that there is no duplication of benefits. Administer the COVID-related rental assistance in a timely, efficient manner Monitor timely expenditure of funds and timely demographic reporting to the City. 2. TIME OF PERFORMANCE The term of this date is effective upon complete execution of this subrecipient agreement until June 30, 2023. 3. AGREEMENT REPRESENTATIVES Each party to this Agreement shall have a representative. Each party may change its as follows: A. Subrecipient: Name of Representative: Jill Stanton Mailing Address: 600 Park Avenue City, State and Zip Code: Bremerton WA 98337 Telephone Number: 360-616-7140 Fax: E-mail Address: jstanton@bremertonhousing.org UBI#:602-689-699 B. Local Government : Name of Representative: Sarah Achaoui Title: Community Development Block Grant Administrator th Mailing Address: 345 6 Street Suite 100 City, State and Zip Code: Bremerton WA 98337 Telephone Number: 360-473-5375 Fax Number: E-mail Address: sarah.achaoui@ci.bremerton.wa.us 4. BUDGET The Local Government will pass through to the Subrecipient no more than $87,750 in CDBG funds for eligible incurred costs and expenses for the Project according to the following budget. Project Budget Element Budgeted Amount Develop and establish CDBG- $87,750 CDBG income qualification, COVID-19 impact verification, prevent duplication of benefits, and beneficiary reporting requirements. Deliver the direct services identified in the CDBG-CV application through the Bremerton Housing Authority. Allocate and manage public services funds as established in the approved subrecipient agreement and budget, and prevent duplication of benefits. Meet the CDBG national Revised 1/25/2021 Page 2 of 13 objective of principally benefiting low- and moderate-income persons. Accomplish Indirect Cost Rate: ___% Federally Approved Indirect Rate, or 10% de Indirect Cost Rate if the Subrecipient chooses to charge Indirect under this grant, the Subrecipient 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. Modified Total Direct Costs materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, and rental costs. as consistent with its CDBG contract with Commerce and then approved in writing by the Local Government and the Subrecipient. 5. PAYMENT The Bremerton Housing Authority will submit request for reimbursement and all backup documentation in a timely manner utilizing the reimbursement forms provided by the City of Bremerton. Reimbursement under this Agreement will be based on billings, supported by appropriate documentation of costs actually incurred. It is expressly understood that claims for reimbursement will not be submitted in excess of actual, immediate cash requirements necessary to carry out the purposes of the agreement. Funds available under this Agreement will be utilized to supplement rather than supplant funds otherwise available. It is understood that this Agreement is funded in whole or in part with CDBG funds through the Washington State CDBG Program as administered by Commerce and is subject to those regulations and restrictions normally associated with federally-funded programs and any other requirements that the State may prescribe. 6. PERFORMANCE MONITORING The City of Bremerton will monitor the performance of the Subrecipient by tracking project progress, reviewing payment requests for applicable costs, managing the timely utilization of CDBG Funds, overseeing compliance with CDBG requirements, and ensuring recordkeeping and audit requirements are met. Substandard performance as determined by the City of Bremerton will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Local Government, contract suspension or termination procedures will be initiated. Revised 1/25/2021 Page 3 of 13 7. SPECIAL CONDITIONS For /5.DΏ/ ŭƩğƓƷĻĻƭ whose projects are funded through the CARES Act, the following special condition is required: A. Prevent Duplication of Benefit The CARES Act provides that there are adequate procedures in place to prevent any duplication of benefit as required by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155), as amended by section 1210 of the Disaster Recovery Reform Act of 2018 (division D of Public Law 115254; 132 Stat. 3442). HUD requires each Grantee (and subrecipient) have procedures to prevent the duplication of benefits when it provides financial assistance with CDBG-CV funds. Federal disaster law prohibits the provision of federal assistance in excess of need. Before paying a cost with federal disaster assistance, the Grantee (and subrecipient) must check to see that the assistance will not cause a duplication of benefits, meaning that the cost has not or will not be paid by another source. Any person or entity (including subrecipients) receiving CDBG-CV assistance must agree to repay assistance that is determined to be duplicative; and to assess whether the use of CDBG-CV funds will duplicate financial assistance already received or is likely to be received by acting reasonably, Grantees (and subrecipients) must have a method to evaluate need and the resources available to meet that need. CDBG-CV funded activities will prevent, prepare for, and respond to the coronavirus B. GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with: The requirements of Title 24 of the Code of Federal regulations, 570 (HUD regulations concerning CDBG); and All other applicable Federal, State and Local laws, regulations, and policies, governing the funds provided under this Agreement. B. CDBG National Objective The Subrecipient certifies the activities carried out under this Agreement meet a CDBG Program National Objective defined in 24 CFR 570.208. C. Independent Contractor Nothing contained in this Agreement is intended to, or will be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The ct to the services to be performed under this Agreement. The Local Government will be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical pendent contractor. Revised 1/25/2021 Page 4 of 13 D. Hold Harmless The Subrecipient will hold harmless, defend and indemnify the City of Bremerton from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the ance of the services or subject matter called for in this Agreement. E. employees involved in the performance of this Agreement. F. Insurance and Bonding The Subrecipient will carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum will purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Local Government. The Agency 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 connection with the performance of the work hereunder by the Agency, its agents, representatives, employees, or sub-contractors. Before execution of this Agreement, the Agency shall provide a Certificate of Insurance evidencing: 1. Automobile Liability: insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability: insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence for bodily injury and property damage, insurance policy as respects this contract. Such insurance as carried by the Agency is primary over insurance carried by the City. 3. Excess Liability: insurance with limits not less than $1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim Revised 1/25/2021 Page 5 of 13 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Agency. - The City, its officials, employees, agents and volunteers shall be named as additional insured on the Automobile Liability, Commercial General Liability, an Excess Liability insurance policies, as respects work performed by or on behalf of the Agency, 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. shall apply separately to each insured against whose claim is made or suit is brought, except -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 -5161, or by certified mail, return receipt requested to the City of Bremerton, attn.: Risk Management, th 345 6 Street, Suite 100, Bremerton, WA thirty (30) days prior to 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. Agency shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the grantee. The Subrecipient shall furnish the Local Government with properly executed certificate of insurance or a signed policy endorsement which shall clearly evidence all insurance required in this section prior to commencement of services. The certificates will, at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract will not be cancelled or allowed to expire except on thirty (30) days prior written notice to the Local Government. Revised 1/25/2021 Page 6 of 13 G. Funding Source Recognition The Subrecipient will insure recognition of the roles of Commerce, the WA State CDBG program, and the City of Bremerton in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement will be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. H. Amendments The City of Bremerton or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by Agreement, nor relieve or release the Local Government or Subrecipient from its obligations under this Agreement. I. Suspension or Termination In accordance with 2 CFR 200.338-9, the City of Bremerton may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement. 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the Subrecipient to the Local Government of reports that are incorrect or incomplete in any material respect. In accordance with 2 CFR 200.339, this Agreement may also be terminated by either the Local Government or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Local Government determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Local Government may terminate the award in its entirety. C. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The Subrecipient agrees to comply with 2 CFR 200 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. Revised 1/25/2021 Page 7 of 13 2. Cost Principles The Subrecipient will administer its program in conformance with 2 CFR 200. These principles will be applied for all costs incurred whether charged on a direct or indirect basis. 3. Duplication of Costs The Subrecipient certifies that work to be performed under this Agreement does not duplicate any work to be charged against any other contract, subcontract or other source. B. Documentation and Record Keeping 1. Records to Be Maintained The Subrecipient will maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement and those records described in the CDBG Management Handbook. Such records will include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the civil rights components of the CDBG program; f. Financial records as required by 24 CFR 570.502, and 2 CFR 200.333; g. Labor standards records required to document compliance with the Davis Bacon Act, the provisions of the Contract Work Hours and Safety Standards Act, and all other applicable Federal, State and Local laws and regulations applicable to CDBG-funded construction projects; and h. Other records necessary to document compliance with Subpart K of 24 CFR 570. 2. Access to Records and Retention The grantee, Commerce, and other authorized representatives of the state and federal governments shall have access to any books, documents, papers and records of the Subrecipient that are directly pertinent to this Agreement for the purposes of making audit, examination, excerpts and transcriptions. All such records and all other records pertinent to this Agreement and work undertaken under this Agreement will be retained by the Subrecipient for a period of six years after to resolve audit findings or litigation. In such cases, the Local Government will request a longer period of record retention. Revised 1/25/2021 Page 8 of 13 3. Audits and Inspections All Subrecipient records with respect to any matters covered by this Agreement will be made available to the Local Government, Commerce, and duly authorized officials of the state and federal government, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient that expends $750,000 or more in a fiscal year in federal funds from all sources hereby agrees to have an annual agency audit conducted in accordance with current Local Government policy concerning Subrecipient audits and 2 CRF 200.501. The Catalog of Federal Domestic Assistance (CFDA) number is 14.228. C. Reporting 1. Program Income Program income is not allowed in this activity. 2. Periodic Reports The Subrecipient, at such times and in such forms as the Local Government may require, will furnish the Local Government such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. D. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement will be in compliance with the requirements of 2 CFR 200.311 and 313, 24 CFR 570.502, 570.503, 570.504, as applicable, which include but are not limited to the following: 1. The Subrecipient will transfer to the Local Government any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. or in part, with funds under this Agreement in excess of $25,000 will be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10) years after the contract between Commerce and the Local Government is closed. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for this 10-year period of time, the Subrecipient will pay the Local Government an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property after the CDBG constitute program income to the Local Government. The Subrecipient may retain real Revised 1/25/2021 Page 9 of 13 property acquired or improved under this Agreement after the expiration of the ten- year period. 3. In cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds will be program income. Equipment not needed by the Subrecipient for activities under this Agreement will be (a) transferred to the Local Government for CDBG-eligible activities as approved by the CDBG program or (b) retained after compensating the Local Government. D. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights Title VI of the Civil Rights Act of 1964: Under Title VI of the Civil Rights Act of 1964, no person will, on the grounds of race, color, creed, religion, sex or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Section 109 of the Housing and Community Development Act of 1974: No person in the United States will on the grounds of race, color, creed, religion, sex or national origin be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Age Discrimination Act of 1975, as Amended No person will be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal funding assistance. (42 U.S.C. 610 et. seq.) Section 504 of the Rehabilitation Act of 1973, as Amended No otherwise qualified individual will, solely by reason or his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funds. (29 U.S.C. 794) Public Law 101-336, Americans with Disabilities Act of 1990 Subject to the provisions of this title, no qualified individual with a disability will, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. B. Section 3 of the Housing and Community Development Act of 1968 Compliance in the Provision of Training, Employment, and Business Opportunities: 1. The work to be performed under this agreement is on a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower-income residents of the Revised 1/25/2021 Page 10 of 13 project area; and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the area of the project. 2. The parties to this contract will comply with the provisions of said Section 3 and the regulations set forth in 24 CFR 135, and all applicable rules and orders of HUD and Commerce issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability that would prevent them from complying with these provisions. 3. The Subrecipient will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if commitments under this Section 3 clause and will post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. The Subrecipient will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant, or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of HUD, 24 CFR 135. The Subrecipient will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract, unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of HUD and Commerce issued hereunder prior to the execution of the contract, will be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements will subject the applicant, or recipient, its consultants and subcontractors, its successors and assigned to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. C. Conduct 1. Assignability The Subrecipient will not assign or transfer any interest in this Agreement without the prior written consent of the City of Bremerton thereto; provided, however, that claims for money due or to become due to the Subrecipient from the City of Bremerton under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer will be furnished promptly to the Local Government and Commerce. 2. Conflict of Interest No member of the governing body and no other public official of such locality, who exercises any functions or responsibilities in connection with the Revised 1/25/2021 Page 11 of 13 planning or carrying out of the project, will have any personal financial interest, direct or indirect, in this Agreement; and the Subrecipient will take appropriate steps to assure compliance. The Subrecipient agrees to abide by the provisions of 2 CFR 200.318 and 24 CFR 570.611, which includes maintaining a written standard code of conduct that will govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. The Subrecipient covenants that its employees have no interest and will not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of services hereunder. The Subrecipient further covenants that in the performance of this Agreement, no person having such interest will be employed. 3. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions a. 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. b. Where the lower tier contractor is unable to certify to any of the statements in this contract, such contractor will attach an explanation to this contract. D. Copyright If this Agreement results in any copyrightable material or inventions, the City of Bremerton and/or Commerce reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. E. Religious Activities The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. E. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of this Agreement will not be affected thereby and all other parts of this Agreement will nevertheless be in full force and effect. F. PERFORMANCE WAIVER The failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the City of Bremerton to exercise or enforce any right or provision will not constitute a waiver of such right or provision. Revised 1/25/2021 Page 12 of 13 G. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the City of Bremerton and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior communications and proposals, whether electronic, oral, or written between the Local Government and the Subrecipient with respect to this Agreement. /5.DΏ/ ŭƩğƓƷĻĻƭͲ whose projects are funded through the CARES Act, should attach a copy of the CDBG-CV Interagency Grant Agreement between Commerce and the CDBG-CV grantee. IN WITNESS WHEREOF, the Local Government and the Subrecipient have executed this Agreement as of the date and year last written below. City of Bremerton Bremerton Housing Authority By: _____________________________________ By: ____________________________________ Title: ___________________________________ Title: __________________________________ Date: ___________________________________ Date: __________________________________ Approved As To Form: ___________________________________________ Attorney Revised 1/25/2021 Page 13 of 13 AGENDA BILL CITY OF BREMERTON CITY COUNCIL A9 SUBJECT: Ordinance No. _____ to levy Study Session Date: November 10, 2021 Property Taxes for Collection in 2022 COUNCIL MEETING Date: November 17, 2021 Department: Financial Services Presenter: Mike Riley Phone: (360) 473-5303 SUMMARY: Cities over 10,000 in population are allowed to raise their annual property tax collection by either 1% or the amount of the July Implicit Price Deflator (IPD), whichever is lower. This year, the IPD was 3.860%. As presented during the public hearing earlier on November 3rd, the City is requesting the full 1% increase, along with the amounts anticipated for new construction, has been included in the 2022 Proposed Budget. In addition, we are also requesting to reset the EMS levy to the full .43 per 1000 as proposed in Proposition #1 resulting in a $18,642 increase over prior year. The EMS amount anticipated in the 2022 Proposed Budget includes this amount. requires that the certification includes the enabling tax ordinance setting the property tax rate. These documents must be submitted to the county by November 30, 2021. ATTACHMENTS: Ordinance No. _____ establishing the amount to be collected in 2022 by taxation on the assessed valuation of taxable property within the City limits of Bremerton and setting the property levy rate. FISCAL IMPACTS (Include Budgeted Amount): The proposed 2022 budget anticipates passage of this ordinance. Budgeted revenue matches the levy amounts as the total collections in recent years closely approximate the actual amount collected. In the General Fund revenue from the general property tax levy is $8,481,509 and the EMS levy is $2,171,717. Revenue from voter approved levies are budgeted in Debt Service funds and include $900,000 for the 2010 Public Safety bond and $550,000 for the 2015 Public Safety bond. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. _____ establishing the amount to be collected in 2022 by taxation on the assessed valuation of taxable property within the City limits of Bremerton and setting the property levy rate. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 ORDINANCE NO. _____ AN ORDINANCE of the City Council of the City of Bremerton, Washington, establishing the amount to be collected in 2022 by taxation on the assessed valuation of taxable property within the City limits of Bremerton and setting the property levy rate. WHEREAS, the City Council attests that the population of the City of Bremerton for 2021 is 42,560; and WHEREAS, the City Council has properly given notice of the public hearing held on November 3, 2021 budget; and WHEREAS, the C refunds and abatements levied was $8,124,542; and WHEREAS, including any refunds and abatements levied was $2,074,887; and WHEREAS, the City Council, after hearing and duly considering all relevant evidence and testimony presented, has determined that the City of Bremerton requires a regular levy and EMS levy in the maximum amounts allowable, which is a 1.0% increase to the highest lawful levy allowed by law. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That an increase in the regular property tax levy is hereby authorized for the levy to be collected in the 2022 tax year. The dollar amount of the increase over the actual levy from the previous year shall be $50,797 which is an effective percent increase of 0.62523% from the previous year levy. This increase is exclusive of additional revenue resulting from new construction, any increase in the value of state assessed property, and any additional amounts resulting from any annexations that have occurred and refunds made. SECTION 2. That an EMS levy is hereby authorized for the levy to be collected in the 2022 tax year. The dollar amount of the increase over the actual levy from the previous year shall be $18,642 which is an effective percent increase of 0.8985% from the highest allowable levy. This increase is exclusive of additional revenue resulting from new construction, any increase in the value of state assessed property, and any additional amounts resulting from any annexations that have occurred and refunds made. This levy is further subject to the maximum allowable levy rate of $0.43 per $1,000 of assessed valuation. 1 2022 Property Tax SECTION 3. That a property tax levy for debt redemption of the 2010 Public Safety UTGO Refunding Bonds, as previously authorized by the voters, is hereby authorized to levy property taxes to be collected in 2022 at a rate sufficient to provide $900,000 needed to meet debt service obligations in 2022. SECTION 4. That a property tax levy for debt redemption of the 2015 Public Safety UTGO Bonds, as previously authorized by the voters, is hereby authorized to levy property taxes to be collected in 2022 at a rate sufficient to provide $550,000 needed to meet debt service obligations in 2022. SECTION 5. 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 6. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the___________ day of ____________________, 2021 _________________________________ KEVIN GORMAN, Council President Approved this ________ day of ________________________, 2021 _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ ANGELA HOOVER, City Clerk KYLIE FINNELL, City Attorney PUBLISHED the________ day of ______________________, 2021 EFFECTIVE the _________day of ______________________, 2021 ORDINANCE NO. ____________ 2 2022 Property Tax AGENDA BILL CITY OF BREMERTON CITY COUNCIL A10 SUBJECT: Study Session Date: November 10, 2021 Final Public Hearing on Ordinance No._____ COUNCIL MEETING Date: November 17, 2021 to approve and adopt the City of Bremerton Department: Financial Services Budget for Fiscal Year 2022 Presenter: Karen Wikle Phone: (360) 473-5296 SUMMARY: 2 Proposed Budget. Budget workshops were held on October 25, October 28, and November 1, 2021, where an overview of the consideration before Council adopts a final ordinance. This is the second of two public hearings on the budget; the first public hearing was held on November 3, 2021. The attached ordinance represents the final proposed 2022 Fiscal Budget. If adopted, this ordinance would become effective January 1, 2022. ATTACHMENTS: 1) Ordinance No. _____; and 2) Exhibit A FISCAL IMPACTS (Include Budgeted Amount): Total proposed general fund expenditures, without ending fund balance, is $58,029,552, With ending fund balance, total general fund expenditures are $68,268,363. Total proposed expenditures city wide, without ending fund balance, is $171,275,811. With ending fund balance, total expenditures city wide is $224,964,542. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. ____ to approve and adopt the City of Bremerton Budget for fiscal year 2022; and appropriating the amounts set forth in each fund in accordance with RCW 35.33.075. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 ORDINANCE NO. _____ AN ORDINANCE of the City Council of the City of Bremerton, Washington, approving and adopting the budget for the City of Bremerton for the fiscal year 2022, and appropriating the amounts set forth in each fund in accordance with RCW 35.33.075. WHEREAS, Pursuant to Chapter 35.33 RCW, the City of Bremerton required to adopt an annual budget and provides procedures for the filing of estimates, a preliminary budget, deliberations, public hearings, and final fixing of the budget; and WHEREAS, a proposed annual budget for the fiscal year 2022 has been prepared and filed in the Office of the City Clerk for the City; public hearings have been held for the purposes of fixing the final City budget; and the City Council, during its November 1, 2021 Budget Workshop meeting, deliberated and made adjustments and changes to the proposed budget deemed necessary and proper; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The proposed 2022 annual budget for the City, as amended by the City Council during its November 1, 2021, Budget Workshop meeting, 22 , on file in the office of the City Clerk, is hereby incorporated herein by this reference. SECTION 2. The 2022 Annual Budget, covering the period from January 1, 2022, through December 31, 2022, establishing; 1) authorized positions for employment, 2) the City-wide Capital Improvement Program, and 3) fund balances as set forth in Exhibit A, attached hereto and incorporated herein by this reference, including regular revenues and unencumbered fund balances of $224,964,542.00 expenditures, and ending fund balances of $224,964,542.00, and funding of category groups pursuant to BMC 3.02.010, is hereby adopted and approved, and the totals for these funds as noted in Exhibit A are hereby appropriated for the fiscal year 2022. SECTION 3. Certain revenues received by the City shall be transferred to specific funds as follows: (a) The administrative fee, less the costs of administering the contract, received by ction, between the City of Bremerton and Waste Management of Washington, Inc. shall be allocated and transferred to fund No. 315, the Transportation Capital Fund, for street improvements, unless otherwise allocated by motion or other action of the City Council. 1 2022 Annual Budget (b) All rent and other revenues received by the City from the telecommunication Development, LLC shall be allocated and transferred to fund No. 310, the Park Facilities Construction Fund, for capital improvements, for park capital improvements, unless otherwise allocated by motion or other action of the City Council. (c) Accelerating tax exemption amounts for business and occupation taxes pursuant to BMC 3.48.050(2)(c) as follows: For the year 2022, the tax exemption for business and occupation taxes is accelerated to $1,000,000. SECTION 4. Nothing contained herein shall be construed to require the City or its officers to fill any vacancy in any of the positions established by this ordinance resulting from the discharge, resignation or retirement of such employee. Nothing herein contained shall require the City or its officers to pay the maximum amount budgeted for any position shown therein. SECTION 5. 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 6. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the___________ day of ___________________________, 2021 _________________________________ KEVIN GORMAN, Council President Approved this ________ day of ________________________, 2021 _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ ANGELA HOOVER, City Clerk KYLIE FINNELL, City Attorney PUBLISHED the________ day of ______________________, 2021 EFFECTIVE the_________day of ______________________, 2021 2 2022 Annual Budget ORDINANCE NO.______. 3 2022 Annual Budget From:Karen Wikle To:City Council Cc:Jeff Elevado;Mike Riley;Sheri Jackson Subject:Question/Answer Responses to 10/25/2021 Budget Workshop Date:Thursday, October 28, 2021 1:50:17 PM Attachments:QA_Budget Workshop_10.25.2021.pdf GF_Parks Maint_576.8051_FY2022 Proposed Budget_Expenditure Report.pdf 6-Year Renovation and Capital Facilities Plan (PROS 2020).pdf ARPA Presentation for Bremerton Final.pdf Haddon Park Service Area.pdf Good Afternoon Please see responses to Council questions from Monday’s budget workshop. I am also attaching some additional requested items. Any questions, please let me know. Thank you! Karen Wikle Budget Analyst City of Bremerton th 345 6 Street, Suite 100 Bremerton, WA 98337 (360) 473-5296 Office karen.wikle@ci.bremerton.wa.us CƩƚƒʹMike Riley <Mike.Riley@ci.bremerton.wa.us> {ĻƓƷʹMonday, November 1, 2021 11:06 AM ƚʹ Eric Younger <eric.younger@ci.bremerton.wa.us>; Kevin Gorman <Kevin.Gorman@ci.bremerton.wa.us>; Leslie Daugs <Leslie.Daugs@ci.bremerton.wa.us>; Michael Goodnow <Michael.Goodnow@ci.bremerton.wa.us>; Mike Simpson <Mike.Simpson@ci.bremerton.wa.us>; Pat Sullivan <Pat.Sullivan@ci.bremerton.wa.us>; Quinn Dennehy <Quinn.Dennehy@ci.bremerton.wa.us>; City Council <City.Council@ci.bremerton.wa.us> /ĭʹ Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us>; Karen Wikle <Karen.Wikle@ci.bremerton.wa.us>; Lori Smith <Lori.Smith@ci.bremerton.wa.us>; Christine Grenier <Christine.Grenier@ci.bremerton.wa.us> {ǒĬƆĻĭƷʹ RE: 2022 Proposed Budget Document Council, Please see the attached Business and Occupation tax scenarios. Please let me know if you have any questions. See you all this afternoon! Thank you and have a great day! Mike CƩƚƒʹ Eric Younger <eric.younger@ci.bremerton.wa.us> {ĻƓƷʹ Monday, November 1, 2021 10:35 AM ƚʹ Mike Riley <Mike.Riley@ci.bremerton.wa.us> /ĭʹ City Council <City.Council@ci.bremerton.wa.us>; Kevin Gorman <Kevin.Gorman@ci.bremerton.wa.us>; Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us> {ǒĬƆĻĭƷʹ Re: 2022 Proposed Budget Document Response requested regarding status of B&O tax data. On Oct 31, 2021, at 10:34 AM, Eric Younger <eric.younger@ci.bremerton.wa.us> wrote: Mike: Can you forward me the general fund PowerPoint instead of making me find it in a video? In particular I am interested in information related to sales tax reven asked for on Wednesday. Hard to propose a change to the budget without having the data. - Eric On Oct 29, 2021, at 10:04 AM, Mike Riley <Mike.Riley@ci.bremerton.wa.us> wrote: Council, Attached is the link with the updated recordings from ƚƩƉƭŷƚƦ ϔЊ ΏDĻƓĻƩğƌ DƚǝĻƩƓƒĻƓƷ and ƚƩƉƭŷƚƦ ϔЋ ΏtǒĬƌźĭ ƚƩƉƭ. If you have any questions, please let Karen or myself know. http://bremertonwa.gov/1267/2022-Proposed-Annual-Budget Thank you and have a great weekend! Michael Riley Director of Financial Services City of Bremerton 360-473-5303 office 360-277-1339 mobile From: Eric Younger <eric.younger@ci.bremerton.wa.us> Sent: Monday, November 1, 2021 11:47 AM To: John Morrissey <jmorrissey@kitsapcu.org>; City Council <City.Council@ci.bremerton.wa.us> Subject: Fwd: Main Street Association Thanks John - I am going to share this with the entire council so they have the background material to read (hopefully) before our meeting. Lori/Christine: Could you please forward this to the entire Council? Council - please do not forward or respond to avoid a rolling quorum. - Eric Begin forwarded message: From: John Morrissey <jmorrissey@kitsapcu.org> Date: November 1, 2021 at 11:25:30 AM PDT To: Eric Younger <eric.younger@ci.bremerton.wa.us> Cc: Michael Goodnow <Michael.Goodnow@ci.bremerton.wa.us> Subject: RE: Main Street Association CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Eric, Thank you for the follow-up. I've attached a copy of what I've sent to Mayor Wheeler in the past. It will give you a little background on the Main Street approach and history of it here in our state. As you have already heard from myself (and hopefully others), the Downtown Bremerton Association is an affiliate of the Main Street program. We've applied multiple times to become a full Main Street community. We've been told that for a city the size of Bremerton, we need to have a full-time employee and 'city buy-in' (meaning the city contributes in-kind or monetarily to support our organization). In fact in more than 75% of the cities that have a Main Street Organization, the city provides direct funding. I'd like to inquire if the city could set aside up to $50,000 for the next 2 years for the Downtown Bremerton Association. Once we are able to meet those criteria, we should be self-sustaining! Once we are a designated community, we can keep up to $250,000 per year of state B&O Taxes right here in Bremerton! I will also let you know that we were just selected by the Washington Main Street Organization to begin to participate in a leadership cohort! They also want us to be successful and become a full-fledged community as well. Long story short, there is a lot of momentum going our direction right now...we really would love for the City of Bremerton to be in alignment as well. If everything falls into place, we may be having a very different conversation this time next year! Let me know if there are any additional questions at all, I'd be happy to answer either by phone or email. I also know that Councilmember Goodnow is also very knowledgeable about the program, as he is affiliated with the only Main Street program currently in Kitsap. We hope to remedy that! Cheers, John Morrissey, NMLS# 542853 Business Development Manager (360) 662-2138 direct (800) 422-5852 x22138 (360) 801-9625 mobile P.O. Box 990, Bremerton, WA 98337 kitsapcu.org CONFIDENTIALITY NOTICE This e-mail and any attachments are for the sole use of the intended recipients and contain information that may be confidential or legally privileged. If you have received this e-mail in error, please notify the sender by reply e-mail and delete the message. Any disclosure, copying, distribution, or use of this communication by someone other than the intended recipient is prohibited. -----Original Message----- From: Eric Younger <eric.younger@ci.bremerton.wa.us> Sent: Wednesday, October 27, 2021 10:55 AM To: John Morrissey <jmorrissey@kitsapcu.org> Cc: gena@bremertonchamber.org; Michael Goodnow <Michael.Goodnow@ci.bremerton.wa.us> Subject: Main Street Association ***The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.*** John: Can you provide me a brief write- form/support the Bremerton Mainstreet Association? Given the apparent healthy outlook for our budget for next y 2022 are $3.2 million. Please consider listing the long-term benefits for the City in your proposal. This is not my area of now as well. to the budget on Monday. - Eric 206-375-0641 From: Jim McDonald <jimmc90@gmail.com> Sent: Friday, October 22, 2021 6:37 PM To: City Council <City.Council@ci.bremerton.wa.us> Cc: Mike Riley <Mike.Riley@ci.bremerton.wa.us>; Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us>; Jim McDonald <jimmc90@gmail.com> Subject: 2022 Budget Council Members, I have reviewed the 2022 budgetand have the following comments and proposed changes. As many of you know, this is your budget presented by the Administration and you are free to make changes that you feel are necessary or beneficial. I support the increase in the B&O exemption. The B&O tax is a horrible tax because it taxes a business even when it is losing money. Kitsap County, Port Orchard, and Poulsbo do not have B&O taxes, so Bremerton's tax is a big disincentive to open a Bremerton business. I would recommend that you increase the 2022 exemption to $300,000 and then continue with your $20k increases after that. I am concerned that the budget proposes freezing utility rates. The City's utilities operate as independent funds. In the past, keeping utility rates lower than cost increases led to shockingly big increases in the future because our needed capital projects were underfunded. Please follow your own utility rate studies and raise rates as appropriate. I am also concerned with the new fire department hiring. Bremerton has the most expensive fire department in the county (I also think it is the best). Every other homeowner in the other cities and county are in fire districts.Fire districts are limited to collecting up to one-dollar of taxes per each $100,000 of assessment (and then 50 cents for EMS services for $1.50 per thousand total. I haven't checked lately, but last time I did, our expense was much higher. Please ask your financial resources for this metric and make your decision accordingly. The City of Seattle funds the Parks Department to provide 1000 trees a year to residents that want to plant a street or yard tree inside the city limits. The Parks Department provides the appropriate tree selection based on location, planting instructions, a watering bag if needed, and even volunteers to help plant the trees (I would sign up for that!) I am requesting that you fund the Parks Department for a similar program but start at a much smaller scale (maybe 100 trees). I think you all know the benefits of an urban forest. However, it is often noted that the poorer areas have less trees and therefore hotter temperatures. I know the Council has been trying to allocate more funds to streets and sidewalks. I still think you should do more. Your ending fund balances have grown considerably. Use some of those funds to catch up on years and years of deferred and neglected maintenance. I know this stresses the Public Works Department, but you should tasked them with a way to get more done. Many of our streets are in some need and the longer you defer maintenance, the more the repair costs. And if you are really interested in supporting both community and business, you should consider making Pitt Avenue south of East 11th one-way southbound with angled parking and a bike lane and do the same with Scott Avenue south of East 11th Street as northbound. I know the Manette business community supports this project. It would make it safer, more attractive, and add defined parking (now people park wherever). I have also noted a lot more graffiti around the City. Have you stopped funding code enforcement and Public Works involvement? That's it for now. Carryon! R, Jim McDonald Bremerton From:Jim McDonald To:City Council Cc:Mike Riley;Greg Wheeler Subject:Another Budget Comment Date:Tuesday, October 26, 2021 6:22:10 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Council members, In my last email, I forgot one additionalproject you should consider for funding: A permanent stage on the boardwalk. The Parks Department must now spend the labor hours every year to set up and take down a temporary stage. This stage is not adequate for a good entertainment venue. I have witnessed a drummer who had to stop playing because the sun was beating down on him and he finally succumbed to the heat and his exertion. A permanent stage could be used a lot more often than just the summer months. The Parks Department could rent it out and manage it like its picnic shelters. To complement the stage, the concert area would be more functional if part of the grand staircase was covered so people could get out of the sun or rain. I would suggest adding some planning dollars in the Parks Department budget so they can bring back several proposals to you. Either do a mid-year budget adjustment to fund the project or put it into the 2023 budget. Respectfully, Jim McDonald AGENDA BILL CITY OF BREMERTON CITY COUNCIL A11 SUBJECT: Study Session Date: November 10, 2021 Interlocal Agreement with Washington Cities COUNCIL MEETING Date: November 17, 2021 Insurance Authority Department: Presenter: Kylie Finnell Phone: (360) 473-2335 SUMMARY: The City has applied to join the WCIA insurance pool and become a member of the property, auto physical damage, and liability programs for a three-year term. This membership, if approved, would begin January 1, 2022 for the property and auto physical damage programs and February 1, 2022 for the liability program, and would include membership benefits including orientation, risk management training, and consulting services. ATTACHMENTS: Draft WCIA Pre-Interlocal Agreement, Draft Appendix 164-21 to the WCIA Interlocal Agreement, and Draft WCIA Interlocal Agreement FISCAL IMPACTS (Include Budgeted Amount): No changes would be made at this time to the Risk Management Fund for 2022. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the City becoming a member of the WCIA insurance pool in the property, auto physical damage, and liability programs for a three-year term; and authorize the Mayor to finalize and execute the Interlocal Agreement with similar terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 INTERLOCAL AGREEMENT: CREATING PRE-MEMBERSHIP CONDITIONS BETWEEN WASHINGTON CITIES INSURANCE AUTHORITY AND CITY OF BREMERTON THIS AGREEMENT, made pursuant CHAPTER 39.34 RCW,is made and entered into in the State of Washington by and among Washington Cities Insurance Authority, a quasi- municipal corporation organized and existing of the Constitution and laws of the State of Washington, Chapter 48.62 RCW, hereinafter referred to as WCIA, and the CITY OF BREMERTON, a municipal corporation existing under the Constitution and laws of the State of Washington, hereinafter referred to as “Entity” who are the parties signatory to this Agreement. Washington Cities Insurance Authority and the CITY OF BREMERTONare sometimes referred to herein as “parties”. RECITALS WHEREAS, the CITY OF BREMERTONdesires and is committed to taking all steps necessary to become a Full Member of WCIA, as membership is defined by WAC 200-100-020 (17(a),(b), (c)) as now exists or hereinafter is amended and as definedby the foundational Interlocal Agreement creating Washington Cities Insurance Authority, and; WHEREAS, the CITY OF BREMERTONhas applied for membership in WCIA and is committed to becoming a Full Member,ifapproved for membership by WCIA,on the date of January 1, 2022,at 12:01 a.m., said entity is considered a member of the property and auto physical damage programs, and on February 1, 2022,at 12:01 a.m., said entity is considered a member of the liability program,and; WHEREAS, WCIA is desirousand committed to taking and completing all necessary steps to evaluate the CITY OF BREMERTONfor Full Membership in WCIA and to prepare the CITY OF BREMERTONfor Full Membership in WCIA starting on the date of January 1, 2022,at 12:01 a.m., to bea member of the property and auto physical damage programs, and on February 1, 2022,at 12:01 a.m., to be amember of the liability program,and; WHEREAS, it appears economically feasible and mutually beneficial for the parties to this Agreement to take all steps reasonably necessary to evaluate the CITY OF BREMERTON for Full Membership in WCIA and to prepare said entityfor Full Membership on the date of January 1, 2022, at 12:01 a.m., to bea member of the property and auto physical damage programs, and on February 1, 2022, at 12:01 a.m., to be amember of the liability program; NOW, THEREFORE, for and in consideration of all the mutual benefits, covenants and agreements contained herein, the parties hereto agree as follows: I.Covenants. a.The CITY OF BREMERTONhereby formally applies to Washington Cities Insurance Authority to become a Full Member of WCIA to participate in its joint self insurance and risk sharing programs and receive its full membership benefits includingorientation,risk managementtraining, andconsulting services and all Page 1of 3 other support services offered to Full Members of WCIA starting on the date of January 1, 2022, at 12:01 a.m., to be a member of the property and auto physical damage programs, and on February 1, 2022, at 12:01 a.m., to be a member of the liability program, if so approved by the governing body of WCIA. b.The Entityhereby agrees to give all necessary written notice to any insuring or self insuring pooling organization to which the Entityis currently a member or subscriber that it intends to end its current liability insuring or self insuring Entity membershipso asto allow the Entityto become a Full Member of WCIA on the effective date cited above, if so approved by WCIA. c.The Entityagrees to provide full and open access to itsrecords and claim history so as to allow WCIA to properly evaluate the entity’srisk profile for prospective membership in WCIA. d.The Entityagrees to accept and complete all recommended pre-membership orientation, risk management training,and consulting services as specified by WCIA and to reimburse WCIA the reasonable cost of any such services provided within sixty (60) days of being billed for the same if the Entity’s full membership in WCIA is rejectedor if the Entitydeclines to sign the “appendix” to the foundation Interlocal Agreement creating WCIA when offered Full Membership. e.The Entity agrees that if its Full Membership in WCIA is approved by its governing body it will, through its authorized officer, sign via appendix the foundational Interlocal Agreement creating WCIA and thereby become a full participating Member of WCIA as of the effective date of January 1, 2022, at 12:01 a.m., to be a member of the property and auto physical damage programs, and on February 1, 2022, at 12:01 a.m., to be a member of the liability program. Thereafter, the Entityagrees to be fully bound by all of the terms and conditions and benefits of full WCIA membership including, but not limited to those specified in the Interlocal Agreement creating WCIA,the WCIA Bylaws and Joint Protection Program documents. f.WCIA agreesto perform a full,fair and prompt evaluation of the Entity of CITY OF BREMERTON’squalifications for membership with WCIA and to deliver a final decision accepting or rejecting the Entityfor membership no later than sixty (60) days prior than the proposed effective date of membership stated above. At the same time, if WCIA accepts the Entityfor membership,it will state in its acceptance the proposed initial assessmentthe Entitywill be required to payfor the Entity’sinitial membership. g.WCIA agrees to provide all necessary orientation, risk management training and consultingservicesto the CITY OF BREMERTONand its officers, employees and elected officials asnecessary to prepare the CITY OF BREMERTONfor Full Membership in WCIA. Page 2of 3 h.This pre-membership agreement shall become effective on the date that it has been signed by both parties authorized representatives as indicated below. II.Amendments. This Agreement may be amended at any timeonly by the written approval of all the parties signatory to it. III.Agreement Complete. The foregoing constitutes the full and complete agreement of the parties. There are no oral understandings or agreements not set forth in writing herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by signature of the authorized officials thereof on the date indicated below their signatures. _______________________________________ For and on behalf of the CITY OF BREMERTON Dated this ___ day of _____________, 20____. _______________________________________ For and on behalf of Washington Cities Insurance Authority Ann Bennett, Executive Director of WCIA Dated this ___ day of _____________, 20____. Page 3of 3 APPENDIX 164-21TOINTERLOCAL AGREEMENT CREATING THE WASHINGTON CITIES INSURANCE AUTHORITY WHEREAS, in 1980 the Cities of Mercer Island, Mountlake Terrace, Olympia, Kirkland, Marysville, Lacey, Kent, Everett and Des Moines did enter into and sign an Interlocal Agreement, as authorized by CH 48.62 RCW, for the creation of and operation of a liability self-insurance pool for the mutual protection and benefit of said entities known as the Puget Sound Cities Interlocal Insurance Authority; and, WHEREAS, on March 13, 1986, the Board of Directors of the Authority did pass a motion to change the name to Washington Cities Insurance Authority. Said change is also ratified by new members; and, WHEREAS, the above referenced Interlocal Agreement provides in Article 19 for the addition of new members to said Authority after one year of operation as determined by vote of the Board of Directors of said Authority; and, WHEREAS, Article IV, Section 8 of the Bylaws of the Washington Cities Insurance Authority provides the procedure for the admission of new members to said Authority; and, WHEREAS, on November 12, 2021, the Executive Committee of the Washington Cities Insurance Authority did pass a motion authorizing and inviting City of Bremertonto become a new member of said Authority; and, WHEREAS,City of Bremertonby decision of its respective legislative and executive authorities, has decided to become a new member to the Washington Cities Insurance Authority commencing on January 1, 2022, for the property and auto physical damage programs, and on February 1, 2022, for the liability program. NOW THEREFORE, for and in consideration of all of the mutual benefits, covenants, and agreements contained herein, City of Bremertonby signature of its respective authorized representative to this APPENDIX 164-21to the original Interlocal Agreement, do hereby agree to be bound to all the terms, conditions, and covenants of the APPENDIX 164-21 Page 1of 2 original Interlocal Agreement creating the Washington Cities Insurance Authority and all previous appendixes, which are incorporated by reference herein and to become members of said Authority commencing at 12:01 a.m. on January 1, 2022, for the property and auto physical damage programs, and at 12:01 a.m. on February 1, 2022, for the liability program. The new member whose representative signs this APPENDIX 164-21agree that they shall be bound to the original Interlocal Agreement and all previous appendixes, and to which the APPENDIX 164-21is attached; and further agree that they shall be bound by all provisions and terms of the Bylaws forthe Washington Cities Insurance Authority as they now exist or may be amended in the future. The new member whose representative signs this agreement shall have the benefits of the Joint Protection Programs and obligations thereto as provided by the Washington Cities Insurance Authority commencing at 12:01 a.m.onJanuary 1, 2022, for the property and auto physical damage programs, and at 12:01 a.m. on February 1, 2022, for the liability program. IN WITNESS WHEREOF, the party hereto has executed this APPENDIX 164-21to the Interlocal Agreement creating the Washington Cities Insurance Authority by authorized official thereof, on the date indicated below. DATE: _________________BY: ____________________________________________ TITLE: _________________________________________ ATTEST: _______________________________ DATE: _________________________________ APPENDIX 164-21 Page 2of 2